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Canada — Quebec Act or statute

Canada — Quebec legislation

Code of Civil Procedure, 2014

This provision sets out the Code’s purpose and says it must be read and applied as a whole, in keeping with civil law tradition.

Source excerpt

abuse of procedureaccount preparationacquisitive prescriptionadjournmentadministrative directivesadmissibilityadoptionadoption procedureadoption recognitionaffidavit evidenceaffidavitsagreement reviewalternative dispute resolutionannulmentannulment applicationannulment applicationsappeal admissibilityappeal briefsappeal dismissalappeal filing deadlinesappeal processappeal recordappeal timingappealsappeals procedureappellate practiceappellate procedureapplication procedureapplicationsarbitral awardsarbitrationarbitration agreementarbitration award correctionarbitrator appointmentarbitrator recusationasset disposalasset distributionasset protectionasset sale valuationasset seizureassistanceattorney general interventionauction saleauction sale challengesauctioneerauthorizationaward challengeaward enforcementaward homologationaward recognitionaward recognition and enforcementbailiffbailiff dutiesbailiff executionbailiff instructionsbailiff interactionbailiff noticebailiff noticesbailiff procedurebailiff proceduresbailiff processbailiff trust accountbailiffsbankruptcybidsboundary determinationbuyer noticecadastral planscapacitycase managementcase protocolcase schedulingcase transfercertificate issuancecertified copiescertified translationchambers practicechild custodychild representationchild supportchild support determinationcivil liabilitycivil procedurecivil statuscivil status registrationcivil unionclaim distributionclaim recoveryclaimsclaims admissibilityclaims contestationclaims filingclaims priorityclass actionclass action distributionsclass action noticeclass action procedureclass action recoveryclass action representationclass actionscollectionscollective recoverycollocationcollocation schemecommercial arbitrationcommission executioncommissioner appointmentcommunication methodscomplianceconciliationcondominium governanceconfidential informationconfidentialityconflict of interestconsolidation of proceedingsconsultationconsultation processconsumer contractscontestationcontested application handlingcontested applicationscontinuance of proceedingscontract disclosurecontract disputescontractual obligationscopy issuancecorporate constituting actscostscounterclaimcounterclaimscourt administrationcourt applicationcourt applicationscourt approvalcourt attendancecourt authorizationcourt authorization reviewcourt bailiff feescourt clerk certificatecourt clerk dutiescourt clerk noticecourt commissionscourt costscourt deadlinescourt decisionscourt depositscourt enforcementcourt evidencecourt examinationcourt examinationscourt exemptionscourt feescourt filescourt filingcourt filing deadlinescourt filingscourt homologationcourt instructioncourt interpretation servicescourt interventioncourt judgment effectcourt judgmentscourt jurisdictioncourt noticecourt noticescourt notificationcourt notificationscourt office formattingcourt operationscourt orderscourt powerscourt practicecourt procedurecourt procedurescourt proceedingscourt processcourt recordcourt recordscourt referralcourt representationcourt reviewcourt review procedurecourt safeguard ordercourt schedulingcourt venuecourt-appointed expertcourt-appointed salecourt-ordered depositcourt-referred mediation processcreditor claimscreditor instructionscreditor notificationcreditor paymentscreditor rankingcreditor remediescreditor repaymentcross-border dispute resolutioncross-border document servicecross-border servicecross-examinationcultural property transportcustodycustody obligationscustody of propertycustody under warrantdeadlinesdebt collectiondebt disclosuredebt disputesdebt enforcementdebt recoverydebtor examinationdebtor-creditor enforcementdeclarationdeduction noticedefaultdefault judgmentdefault proceedingsdefencedefence filingdefence formdefence proceduredelivery proofdeposition proceduredepositionsdepositsdisbursementsdisclosuredisclosure obligationsdiscontinuancediscoverydismissaldismissal of original applicationdispute resolutiondispute resolution processdisputed factsdistribution of claimsdistribution of collected incomedistribution of fundsdistribution of incomedistribution of sale proceedsdistribution of seized sumsdocument correctiondocument deliverydocument filingdocument notificationdocument productiondocument requirementsdocument servicedocument translationdomiciledraft regulationseffective dateemergency procedureemployment contractsencumbrancesenforcemententry correctionestate administrationeviction noticeevidenceevidence disclosureevidence exchangeevidence handlingevidence preservationevidence procedureexaminationexaminationsexecutionexecution costsexecution mattersexecution noticeexecution of judgmentexecution of judgmentsexecution on judgmentsexecution proceedingsexecution seizureexempt propertyexemptions from seizureexhibitsexpenditureexpenses and disbursementsexpert appointmentexpert evidenceexpert feesexpert reportsexpropriationfamily court procedurefamily lawfamily mattersfamily patrimonyfamily proceedingsfamily supportfee paymentfeesfees and costsfiliation recognitionfiling deadlinesfiling documentsfiling notesfiling pleadingsfiling requirementsfinancial assetsforeign class action recognitionforeign judgmentsforgery allegationsforms and filingsgarnisheegarnishmentgovernment noticegovernment publishinghealth administrationhealth and social services institutionshearing confidentialityhearing defaulthearing logisticshearing noticehearing procedurehearingshomologationhypothecary enforcementhypothecary rightsidentity protectionimmovable propertyincome exemptionsinformation disclosureinformation handlinginjunctionsinspectioninspection of thing or propertyinstallment paymentinstalment paymentinsurance contractsinterestinterim measuresinterim reliefinterlocutory procedureinternational procedureinterpretation of awardinterpreter remunerationintervenor statusinterventionintervention in proceedingsintervention procedureissuer obligationsjoinder of claimsjoint applicationjudgmentjudgment by special 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proceedingstransfer of registrationtranslationtrial evidencetrial exhibitstrial managementtrial preparationtrial proceduretrial readinesstrial schedulingtrial timingtribunal powerstrust company depositstrusteestutorshipurgent applicationsvehicle registrationvehicle seizurevenueverificationverification documentsvoluntary depositwarrantywithholdingwitness attendancewitness examinationwitness feeswitness summonswitness testimonywitnesseswritten representationswritten submissions
Jurisdiction
Canada — Quebec
Structure
878 provisions
Official identity
Year 2014
Dates
Enacted 2014 · Source version 10 Jun 2026
More statute details
Dates
Enacted 2014 · Source version 10 Jun 2026
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01

Purpose and legislative effect

“This provision sets out the Code’s purpose and says it must be read and applied as a whole, in keeping with civil law tradition.”

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02

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    Enacted 2014 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Section 397

397. A judgment ordering a person’s confinement for or after a psychiatric assessment is enforceable immediately. A judge of the Court of Appeal may, however, suspend execution of the judgment. The court clerk sends the judgment and the

Section 397

Section 437

The notice of an application for placement must be given to the child if the child is 10 or older, and the director of youth protection must notify certain family members in Québec who consented to the adoption in the previous year; whe…

Section 437

Section 483

If the owner of hypothecated property is unknown or uncertain and notice was given by public notice, the court may let the creditor exercise a hypothecary right if nobody contests the application or exercises the debtor’s rights.

Section 483

Section 528

Homologation means court approval of a juridical act, and the homologated act has the same force and effect as a court judgment.

Section 528

Section 561

If the parties settle after conciliation, the court clerk must record the settlement in minutes.

Section 561

04

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Source record view

Source record from www.legisquebec.gouv.qc.ca · Enacted 2014 · Source version 10 Jun 2026

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Provisions 401–600

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Showing 200 of 878 provisions

Provision 194Amendment 3Offence 2Commencement
§ 397Section 397Provision

Source excerpt

397. A judgment ordering a person’s confinement for or after a psychiatric assessment is enforceable immediately. A judge of the Court of Appeal may, however, suspend execution of the judgment. The court clerk sends the judgment and the

397. A judgment ordering a person’s confinement for or after a psychiatric assessment is enforceable immediately. A judge of the Court of Appeal may, however, suspend execution of the judgment. The court clerk sends the judgment and the record without delay to the Administrative Tribunal of Québec, at no cost to the parties. In addition, the judgment is notified to every person to whom the application was notified. It may be executed by a peace officer. 2014, c. 1, a. 397.
Section 397Verify source
§ 398Section 398Provision

Source excerpt

A person detained without a court order may ask the Superior Court to review the detention and order release if it is unlawful.

398. Any person deprived of liberty without it having been ordered by a decision of the competent court may ask the Superior Court to rule on the lawfulness of the detention and order the person’s release if the detention is unlawful. A third person may act on the person’s behalf. The summons directs the detaining authority to appear before the court on the date specified in order to explain the reasons for the detention. If the deprivation of liberty is due to confinement in an institution governed by health services and social services legislation or to detention in a correctional facility or a penitentiary, the application must be notified to the Attorney General, together with a notice of the date of presentation. 2014, c. 1, a. 398.
Section 398Verify source
§ 399Section 399Provision

Source excerpt

The application must be tried the same day it is presented, and the plaintiff may prove the case by affidavit.

399. The application must be tried on the day it is presented. The plaintiff’s proof may be made by affidavit. If the court considers that the Attorney General has a sufficient interest, it orders that the application be notified to the Attorney General and adjourns the trial to an early date, which cannot be more than three days later. 2014, c. 1, a. 399.
Section 399Verify source
§ 400Section 400Provision

Source excerpt

If the application cannot be tried the day it is presented, the court may authorize the person’s immediate release.

400. If the application cannot be tried on the day it is presented, the court may authorize the person’s immediate release; however, if the person is in detention, the court may determine conditions to ensure the person’s attendance at the trial and compliance with any orders that may be issued. 2014, c. 1, a. 400.
Section 400Verify source
§ 401Section 401Provision

Source excerpt

A habeas corpus order must be served personally unless circumstances prevent personal service.

401. A habeas corpus order is served personally, unless circumstances prevent it, in which case the court determines the method of notification it considers most appropriate. 2014, c. 1, a. 401.
Section 401Verify source
§ 402Section 402Provision

Source excerpt

A court decision becomes enforceable when the appeal period expires, or earlier if the adverse party and the Attorney General, when they are parties, say they do not wish to appeal.

402. The court’s decision is enforceable on the expiry of the time for appeal or as soon as the adverse party and the Attorney General, if party to the proceeding, indicate that they do not wish to appeal. If there is an appeal, the court or a judge of the Court of Appeal may order the person’s provisional release and set the conditions of release. 2014, c. 1, a. 402.
Section 402Verify source
§ 403Section 403Provision

Source excerpt

An application for review of a registrar of civil status decision is admissible only if filed within 30 days after notice to the plaintiff; the registrar must send the relevant record to the court office without delay.

403. An application for the review of a decision of the registrar of civil status is admissible only if it is instituted within 30 days after the decision is notified to the plaintiff. The registrar of civil status sends the relevant record to the court office without delay. 2014, c. 1, a. 403.
Section 403Verify source
§ 403.1Section 403.1Provision

Source excerpt

If the minor is the subject of a report, an application to authorize designation of a suppletive tutor must be served on the youth protection director with jurisdiction where the minor resides.

403.1. An application for authorization of the designation of a suppletive tutor must be served on the youth protection director having jurisdiction in the place where the minor resides if the minor is the subject of a report. The director may intervene as of right as regards such an application. 2017, c. 12, s. 46.
Section 403.1Verify source
§ 404Section 404Provision

Source excerpt

Certain applications must be notified to specified family members or other interested persons.

404. An application relating to tutorship to a person of full age or temporary representation of an incapable person of full age is notified, as applicable, to the person’s spouse, father and mother or parents or children of full age. If there are no such persons, it is notified to at least two persons who show a special interest in the person. An application relating to a protection mandate is notified to the person designated by the mandator to act as mandatary or replacement mandatary or to receive a rendering of account. It is also notified to at least two other persons from the mandator’s family or who show a special interest in the mandator. 2014, c. 1, a. 404; 2022, c. 22, s. 143; 2020, c. 11, s. 112.
Section 404Verify source
§ 404.1Section 404.1Offence

Source excerpt

In cases about appointing or replacing a tutor or temporary representative for an adult, specified documents must be filed in the record.

404.1. In a case relating to the appointment or replacement of a tutor or of a temporary representative of a person of full age, the following documents must be filed in the record: (1) with regard to any proposed tutor or temporary representative, a certificate of no judicial record, or a judicial record list indicating every finding of guilty for a criminal or penal offence, unless a pardon has been obtained for such an offence, or every pending charge for such an offence, as well as every judicial order subsisting against him; such certificate or list must be issued by a police force; and (2) a declaration under oath by any proposed tutor or temporary representative affirming that no judgment in a civil matter has been rendered against him or, if applicable, listing any such judgments and indicating whether he has ever become bankrupt. 2024, c. 37, s. 25.
Section 404.1Verify source
§ 405Section 405Provision

Source excerpt

If a meeting of relatives, persons connected by marriage or civil union, or friends is needed for an application concerning a minor or an adult, the special clerk or notary must prepare and notify the meeting notice.

405. If it is necessary to call a meeting of relatives, persons connected by marriage or civil union, or friends in connection with an application concerning a minor or a person of full age, the notice of meeting is drawn up by the special clerk or the notary, depending on whether the application is presented before the court or before a notary. The notice of meeting is notified to the relatives, persons connected by marriage or civil union, or friends, informing them of the date and time of the meeting and of the place where they must attend or, as applicable, of the technological means to be used to enable them to communicate with each other. The date of the meeting cannot be less than 10 days nor more than two months after notification. The meeting is presided over by the special clerk or the notary, as applicable. 2014, c. 1, a. 405; I.N. 2016-12-01.
Section 405Verify source
§ 406Section 406Provision

Source excerpt

The Public Curator may apply for tutorship to a full-age person and propose a suitable representative if the court clerk says no one else is applying, within 30 days after the recommendation is filed.

406. The Public Curator may apply for the institution of tutorship to a person of full age and propose a suitable person to represent the person of full age as provided for in section 14 of the Public Curator Act (chapter C-81) if, within 30 days after the Public Curator’s recommendation to that effect is filed with the court office, the court clerk informs the Public Curator that no other person is applying for the institution of such tutorship. 2014, c. 1, a. 406; 2020, c. 11, s. 113.
Section 406Verify source
§ 407Section 407Amendment

Source excerpt

407. The Attorney General or any interested person may ask the court to annul a legal person’s constituting act or impose any other sanction prescribed by law if (1) the legal person was not constituted in accordance with the law; (2)

407. The Attorney General or any interested person may ask the court to annul a legal person’s constituting act or impose any other sanction prescribed by law if (1) the legal person was not constituted in accordance with the law; (2) juridical personality was obtained unlawfully or by fraud or was granted in ignorance of some essential fact; (3) the legal person, its founders or their successors or its directors or officers repeatedly act in contravention of the laws governing them, or exercise powers the legal person does not have; or (4) the legal person does or omits to do something, which act or omission amounts to a waiver of its rights. The Attorney General or any interested person may also ask the court to annul any instrument amending a legal person’s constituting act and any related certificate if the amending instrument contains unlawful provisions or false or erroneous statements. To apply for the annulment of letters patent that are either a legal person’s constituting act or an instrument amending a legal person’s constituting act, an interested person must be expressly authorized by the Attorney General. 2014, c. 1, a. 407.
Section 407Verify source
§ 408Section 408Provision

Source excerpt

If a judgment annuls a legal person’s constituting act, it must appoint a liquidator and the judgment must be notified to the enterprise registrar.

408. A judgment annulling a legal person’s constituting act must designate a liquidator to liquidate the property as provided in the applicable legislation or in the Civil Code. The judgment is notified to the enterprise registrar. The legal costs are paid out of the legal person’s patrimony and, if it is insufficient, out of the personal patrimony of its directors and officers. However, when a judgment declares a legal person without share capital to have been unlawfully constituted, the legal costs constitute a personal debt of the persons forming the legal person. 2014, c. 1, a. 408.
Section 408Verify source
§ 409Section 409Provision

Source excerpt

409. Applications under Book Two of the Civil Code as well as applications under the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) are governed by the general rules that apply to all judicial applications, subject to the provisions of this

409. Applications under Book Two of the Civil Code as well as applications under the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) are governed by the general rules that apply to all judicial applications, subject to the provisions of this chapter. 2014, c. 1, a. 409.
Section 409Verify source
§ 409.1Section 409.1Provision

Source excerpt

The chief justice or chief judge favours having one judge take charge of a court record.

409.1. The chief justice or chief judge favours having one and the same judge take charge of a court record. 2024, c. 22, s. 33; 2025, c. 9, s. 5.
Section 409.1Verify source
§ 410Section 410Provision

Source excerpt

Either spouse may declare certain family-law proceedings to the Land Registrar, and must do so if a spouse may claim a right in an immovable under the matrimonial or civil union regime, or if the family residence is owned by one spouse.

410. An application for the annulment of a marriage or a civil union, for separation from bed and board or as to property, for a divorce or for dissolution of a civil union, or an application pertaining to the consequences of the end of a parental union, may be declared to the Land Registrar by either of the spouses. Such a declaration must be made if one of the spouses may claim to have a right in an immovable under the matrimonial or civil union regime or if the immovable serving as the family residence is the property of one of the spouses. The declaration is made by presenting a notice to the Land Registrar, which the latter enters in the land register. If one of the spouses asks for the cancellation of the entry in the register, the court may order the cancellation subject to a sufficient suretyship being provided. 2014, c. 1, a. 410; 2020, c. 17, s. 64; 2024, c. 22, s. 34.
Section 410Verify source
§ 411Section 411Provision

Source excerpt

Certain family-law applications cannot be filed until at least 10 days after service; they must be heard urgently, and if joined with specified marriage or civil-union applications, they are heard like an application in the course of a proceeding.

411. An originating application whose conclusions pertain exclusively to a support obligation, child custody or related provisional measures cannot be presented before the court less than 10 days after it is served. The application is tried and determined by preference. If an application with such conclusions is joined with an application for the annulment of a marriage or a civil union, for separation from bed and board, for a divorce, for the dissolution of a civil union or for the partition of a parental union patrimony, it is heard in the same manner as an application in the course of a proceeding. 2014, c. 1, a. 411; 2024, c. 22, s. 35.
Section 411Verify source
§ 412Section 412Provision

Source excerpt

Parents may join certain applications about patrimonial rights with custody or child support applications if they were de facto spouses before the case was started, except for partition of a parental union patrimony.

412. Applications between parents relating to patrimonial rights arising from their community of life may be joined with an application relating to child custody or parental child support obligations if the parents were de facto spouses before the application was instituted, except applications for the partition of a parental union patrimony. 2014, c. 1, a. 412; 2024, c. 22, s. 36.
Section 412Verify source
§ 412.1Section 412.1Provision

Source excerpt

A victim of a sexual assault may join a claim for financial support for a child born from the assault with an action about the child’s filiation. An application to deprive the person who committed the assault of parental authority may also be joined with an action to claim the child’s filiation.

412.1. An action, by a victim of a sexual assault, to claim a financial contribution as support to help them provide for the needs of a child born as a result of the assault may be joined with an action to claim or contest the filiation of that child. An application to deprive the person who committed the assault of parental authority may be joined with an action to claim the filiation of such a child with regard to the person who committed the assault. 2023, c. 13, s. 50.
Section 412.1Verify source
§ 413Section 413Provision

Source excerpt

413. If one of the conclusions sought in an application is the partition of the family or parental union patrimony, each party must attach to the case protocol a statement listing all its property and indicating, for each item, whether it

413. If one of the conclusions sought in an application is the partition of the family or parental union patrimony, each party must attach to the case protocol a statement listing all its property and indicating, for each item, whether it is included in the family or parental union patrimony. If a party is seeking support for itself, the application cannot be decided unless the party files an income and expense statement and a balance sheet with the court office at least 10 days before the application is to be presented. The defendant must file such a statement and balance sheet at least five days before the presentation date, unless it admits having the resources to pay the amount sought; even when a party admits as much, the court may ask that it produce a statement of property. 2014, c. 1, a. 413; 2024, c. 22, s. 37.
Section 413Verify source
§ 414Section 414Provision

Source excerpt

Parties may prove their case by affidavit.

414. The parties may make their proof by affidavit. Each party files a single affidavit, but the plaintiff may file a second one if the defendant has also chosen to proceed in this manner. Any further affidavits must be authorized by the court. 2014, c. 1, a. 414; I.N. 2016-12-01.
Section 414Verify source
§ 415Section 415Provision

Source excerpt

When asked to rule on a family-matter agreement, the court must check that each party’s consent was free and that the agreement sufficiently protects the parties’ and children’s interests and rights.

415. Whenever it is asked to rule on an agreement in a family matter, the court makes sure that each party has given its consent freely and that the agreement sufficiently protects the interests and rights of the parties and the children. For that purpose, the court may convene and hear the parties, together or separately, in the presence of their lawyers or, as applicable, of the notary presenting the application. 2014, c. 1, a. 415; 2024, c. 22, s. 38.
Section 415Verify source
§ 416Section 416Provision

Source excerpt

The court may order a party to pay a provision for costs to the other party.

416. The court may order a party to pay a provision for costs to the other party if the circumstances so warrant, as when the court notes that without such assistance the other party’s financial situation would likely prevent it from effectively conducting its case. 2014, c. 1, a. 416.
Section 416Verify source
§ 417Section 417Provision

Source excerpt

417. Any case in which the interests of the parties and their children are at stake in connection with child custody, spousal or child support, the family or parental union patrimony, other patrimonial rights arising from the marriage,

417. Any case in which the interests of the parties and their children are at stake in connection with child custody, spousal or child support, the family or parental union patrimony, other patrimonial rights arising from the marriage, civil union or parental union, or the partition of property between de facto spouses cannot proceed to trial unless the parties have jointly or separately participated in a parenting and mediation information session. Persons who have filed with the court office a certificate attesting that they have already participated in such an information session in connection with a prior dispute or confirming that they have gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a person who is a victim of domestic violence are exempted from participating in such a session. In any such case, the court, in the children’s interests, may nonetheless order participation in such an information session. Exceptionally, where required by circumstances to ensure proper case management and orderly conduct of proceedings, or to prevent prejudice to one of the parties or to their children, the court may try the case without the parties having jointly or separately participated in such a session but must order them to take part in such a session within three months after the order, unless the court considers it inappropriate. 2014, c. 1, a. 417; 2020, c. 29, s. 38; 2021, c. 13, s. 175; 2024, c. 22, s. 39.
Section 417Verify source
§ 418Section 418Provision

Source excerpt

418. The information session deals with parenting issues, such as the effects of conflict on the children, and with the parental responsibilities of parties, and explains the nature and purpose of mediation, the process involved and how

418. The information session deals with parenting issues, such as the effects of conflict on the children, and with the parental responsibilities of parties, and explains the nature and purpose of mediation, the process involved and how the mediator is chosen. 2014, c. 1, a. 418.
Section 418Verify source
§ 419Section 419Provision

Source excerpt

The information session must be held in a group setting and given by two certified mediators; one may be a lawyer or notary. The session may use appropriate technology, separate sessions must be respected if the parties want them, and the Family Mediation Service issues a participation certificate afterward.

419. The information session is conducted in a group setting; it is given by two mediators certified in accordance with the regulations under article 619, only one of whom must be a lawyer or a notary. The session may be held using any appropriate technological means available. If the parties wish to attend separate sessions, their wish must be respected. After the session, a participation certificate is issued by the Family Mediation Service. 2014, c. 1, a. 419.
Section 419Verify source
§ 420Section 420Provision

Source excerpt

The court may stay a proceeding or adjourn a trial to allow mediation, including with a certified mediator chosen by the parties or through the Family Mediation Service.

420. The court may, at any time, stay the proceeding or adjourn the trial to enable the parties to enter into or continue mediation with a certified mediator of their choice, or to ask the Family Mediation Service to work with the parties. Before making such a decision, the court considers such factors as whether the parties have already met with a certified mediator, whether there is an equal balance of power between the parties, whether there have been incidents of family or spousal violence and whether mediation is in the interests of the parties and their children. Mediation is governed by the general principles set out in this Code and conducted in keeping with the process provided for in this Code. 2014, c. 1, a. 420.
Section 420Verify source
§ 421Section 421Provision

Source excerpt

421. The court may stay the proceeding or adjourn the trial for not more than three months. On or before the expiry of that time, if mediation has not begun or if it has been ended, the proceeding is continued unless the court extends the

421. The court may stay the proceeding or adjourn the trial for not more than three months. On or before the expiry of that time, if mediation has not begun or if it has been ended, the proceeding is continued unless the court extends the stay or adjournment, with the parties’ consent, for the time it specifies. The judge who stays the proceeding or adjourns the trial remains seized of the matter, unless the chief justice or chief judge decides otherwise. 2014, c. 1, a. 421; 2025, c. 9, s. 9.
Section 421Verify source
§ 422Section 422Provision

Source excerpt

When the Family Mediation Service intervenes at the court’s request, it must designate a mediator and set the first meeting date.

422. When intervening at the court’s request, the Family Mediation Service designates a mediator and sets the date of the first meeting, which must be held within 20 days after the decision. A mediator chosen by the parties is required to begin the mediation within the same time. 2014, c. 1, a. 422.
Section 422Verify source
§ 423Section 423Provision

Source excerpt

If mediation is not entered into on time, or is ended before the dispute is resolved, the mediator must file a report with the court office.

423. If the parties do not enter into mediation within the allotted time or if they put an end to mediation before the dispute is resolved, the mediator files a report to that effect with the court office. The mediator also sends the report to the Family Mediation Service, to each of the parties and, if represented, to their lawyers. The court clerk records the report filing date in the court register, then informs the judge seized of the matter and delivers the case record to the latter so that a trial date can be set. The stay or adjournment ends on the recording of that date in the court register. 2014, c. 1, a. 423.
Section 423Verify source
§ 424Section 424Provision

Source excerpt

424. Any part of the mediator’s fee that is not borne by the Family Mediation Service is apportioned between the parties based on their respective income or according to their agreement, unless the court orders a different

424. Any part of the mediator’s fee that is not borne by the Family Mediation Service is apportioned between the parties based on their respective income or according to their agreement, unless the court orders a different apportionment. 2014, c. 1, a. 424.
Section 424Verify source
§ 425Section 425Provision

Source excerpt

In family law cases involving a minor child’s interests, the court may order the Psychosocial Assessment Service to appoint an expert.

425. In any family law case in which the interests of a minor child are at stake, the court, on its own initiative or on an application, may order the Psychosocial Assessment Service of the Superior Court and of the Court of Québec to appoint an expert to enlighten the court on any custody-related or other issue affecting the child. The decision must define the expert’s mission and set the time limit within which the expert report is to be submitted with the Psychosocial Assessment Service, which must not exceed three months after the expert’s appointment. 2014, c. 1, a. 425; I.N. 2016-12-01; 2025, c. 9, s. 10.
Section 425Verify source
§ 426Section 426Provision

Source excerpt

The court clerk must immediately notify the Psychosocial Assessment Service of the decision and relevant documents, and the Service must appoint an expert and inform the judge or chief justice/chief judge of the expert’s name.

426. The court clerk immediately notifies the decision as well as the other relevant documents to the Psychosocial Assessment Service. The Service appoints an expert and informs the judge who made the decision or the chief justice or chief judge of the expert’s name. 2014, c. 1, a. 426; 2025, c. 9, s. 11.
Section 426Verify source
§ 427Section 427Provision

Source excerpt

The Psychosocial Assessment Service must take steps to ensure the appointed expert meets the deadline for filing the expert report.

427. The Psychosocial Assessment Service takes the necessary measures to ensure that the appointed expert complies with the time limit for submitting the expert report. However, if the expert shows that it was impossible in fact to submit the report within the time limit, the expert may, after informing the Service, ask the court to extend the time limit. If an extension is granted, the court clerk so informs the Service. 2014, c. 1, a. 427; I.N. 2016-12-01.
Section 427Verify source
§ 428Section 428Provision

Source excerpt

The expert submits the report to the Psychosocial Assessment Service, which forwards it to the court clerk.

428. The expert submits the report with the Psychosocial Assessment Service, which forwards it to the court clerk. The court clerk sends the report to the judge who ordered the assessment or, if that judge is no longer seized of the matter, to the chief justice or chief judge or to the judge designated by the latter, and to the parties. 2014, c. 1, a. 428; I.N. 2016-12-01; 2025, c. 9, s. 12.
Section 428Verify source
§ 429Section 429Provision

Source excerpt

The court may order Santé Québec or a health or social services institution to give an appointed expert access to user-record information needed for the expert’s assessment.

429. The court may order Santé Québec or, as applicable, a health or social services institution to give an appointed expert access to any information in a user’s record that is necessary for the purposes of the expert’s assessment. 2014, c. 1, a. 429; 2023, c. 34, s. 963.
Section 429Verify source
§ 430Section 430Provision

Source excerpt

Spouses making a joint application for separation from bed and board, divorce, or dissolution of a civil union may file a dated, signed draft agreement with the court for approval, and that draft must identify the liquidator if one is required.

430. Spouses filing a joint application for separation from bed and board, a divorce or the dissolution of their civil union may, together with the application, submit to the court for approval a draft agreement, dated and signed by them, that provides a complete settlement of the consequences of their application. The draft agreement applies from the date of the application to the date of the judgment, subject to any provisional measures that the spouses have set out in it. The draft agreement must identify, if one is required, the liquidator of the matrimonial or civil union regime and of the spouses’ other patrimonial rights. 2014, c. 1, a. 430.
Section 430Verify source
§ 431Section 431Amendment

Source excerpt

A joint application lapses if, after an adjournment order, the spouses do not file an amended draft agreement within the set time limit, or if one spouse discontinues it and neither spouse amends it and continues the proceeding within three months.

431. The joint application lapses if, following an adjournment order, the spouses fail to present an amended draft agreement within three months or any other time limit set by the court. The joint application also lapses if one of the spouses discontinues it and neither of them amends it and continues the proceeding within the following three months. 2014, c. 1, a. 431.
Section 431Verify source
§ 431.0.1Section 431.0.1Provision

Source excerpt

Applications about a child’s filiation in a surrogacy-related parental project must be filed jointly by the surrogacy parties or by one of them, and must include specified identity and status information about the child and, where applicable, the birth mother or other birth parent.

431.0.1. Applications relating to the filiation of a child born of a parental project involving surrogacy are presented jointly by the parties to the surrogacy agreement or by one of them. Such applications must state the child’s name, date and place of birth, place of residence and domicile, nationality and status as a Canadian citizen or permanent resident. They must also state the name of the woman or the person who gave birth to the child, their place of residence and domicile, nationality and status as a Canadian citizen or permanent resident, if applicable. Applications must contain the same information concerning the person alone or the spouses who formed a parental project involving surrogacy. 2023, c. 13, s. 51.
Section 431.0.1Verify source
§ 431.0.2Section 431.0.2Provision

Source excerpt

Applications about filiation for a child born through surrogacy, where the birth mother or birth parent lives outside Québec, must be notified to the Minister of Health and Social Services.

431.0.2. Applications relating to the filiation of a child born of a parental project involving surrogacy in which the woman or the person who gave birth to the child is domiciled outside Québec are notified to the Minister of Health and Social Services and the latter may intervene as of right as regards those applications. 2023, c. 13, s. 51.
Section 431.0.2Verify source
§ 431.0.3Section 431.0.3Provision

Source excerpt

An application about filiation for a child born through a surrogacy project in Québec is admissible only if it is filed with information prescribed by government regulation about certain people involved.

431.0.3. To be admissible, an application relating to the filiation of a child born of a parental project involving surrogacy in which all the parties are domiciled in Québec must be filed together with the information determined by government regulation concerning the profile of the woman or the person who gave birth to the child and of any other party to the surrogacy agreement who provides their reproductive material. 2023, c. 13, s. 51.
Section 431.0.3Verify source
§ 431.0.4Section 431.0.4Provision

Source excerpt

An application for recognition of a filiation established outside Québec is admissible only if it is filed with the foreign birth act or filiation decision and the foreign legislation; if applicable, it must also include the project’s certificate of compliance and an application to claim status.

431.0.4. To be admissible, an application for recognition of a filiation established outside Québec must be filed together with the child’s foreign act of birth or the decision establishing the filiation and the foreign legislation. It must also, if applicable, be accompanied by the certificate of compliance for the project issued by the Minister of Health and Social Services. An application to claim status must also be attached, if applicable. 2023, c. 13, s. 51.
Section 431.0.4Verify source
§ 431.1Section 431.1Provision

Source excerpt

Adoption applications must include the child’s identifying and status information, and—if known—details about the child’s parents of origin.

431.1. Applications relating to the adoption of a child must state the child’s name, date and place of birth, place of residence and domicile, nationality and status as a Canadian citizen, permanent resident or person authorized to stay or settle permanently in Canada. Such applications must also state, if known, the names of the child’s parents of origin, their place of residence and domicile and, if the parents are domiciled outside Québec, their nationality and their status as Canadian citizens, permanent residents or persons authorized to stay or settle permanently in Canada, if applicable. 2017, c. 12, s. 47.
Section 431.1Verify source
§ 432Section 432Provision

Source excerpt

Certain adoption applications for a minor must be notified to the director of youth protection, and sometimes also to the Minister; notices, when required, are sent by the director and must preserve adopter anonymity.

432. Applications relating to the adoption of a minor child that are supported by general consent, by special consent if the child is the subject of a report, or by a declaration of eligibility for adoption are notified to the director of youth protection having jurisdiction in the child’s place of residence or, if the child is domiciled outside Québec, in the adopter’s place of domicile. In the latter case, the application is also notified to the Minister of Health and Social Services. The director or the Minister may intervene as of right as regards such applications. If a notice of the applications must be notified to a party or to an interested person, it is notified by the director. The notice must ensure that the adopters remain anonymous to the father and mother, the parents or the tutor and vice versa, and must state the subject matter of the application, the grounds on which the application is based and the conclusions sought. 2014, c. 1, a. 432; 2017, c. 12, s. 48; 2022, c. 22, s. 144.
Section 432Verify source
§ 433Section 433Provision

Source excerpt

If the adoption process is based on general consent or a declaration of eligibility for adoption, the court must admit certain Commission-related attendees, and those attendees must keep hearing information confidential.

433. If the adoption process is based on general consent to the child’s adoption or on a declaration of eligibility for adoption, the court admits to its hearings any member of the Commission des droits de la personne et des droits de la jeunesse or any other person expressly authorized to attend by the Commission. Such a person cannot disclose, or be compelled to disclose, anything that was said or disclosed or that occurred at a hearing. 2014, c. 1, a. 433; 2017, c. 12, s. 49.
Section 433Verify source
§ 434Section 434Provision

Source excerpt

A person seeking return of a child after consenting to adoption must have the application served or notified as specified, and the court must take steps to keep the parties apart and, in some cases, anonymous.

434. An application by a person who, having given consent to a child’s adoption and having failed to withdraw it within the prescribed time, is seeking to have the child returned to them is served on the person to whom the child was entrusted or, if general consent was given, notified to the director of youth protection. The latter gives notice of the application to the person having or exercising parental authority, to the father or mother or to one of the parents if they no longer have parental authority and, if applicable, to the tutor. In either case, unless all the parties agree otherwise, the court takes the necessary measures to ensure that the persons seeking the child’s return never meet the adopters face to face and, if general consent was given to the child’s adoption, can never identify them or be identified by them. 2014, c. 1, a. 434; I.N. 2016-12-01; 2022, c. 22, s. 145.
Section 434Verify source
§ 435Section 435Provision

Source excerpt

An application for a declaration of eligibility for adoption must be served on the child’s father and mother or parents, if known, on the child’s tutor if any, and on the child if the child is 14 or older.

435. An application for a declaration of eligibility for adoption is served on the child’s father and mother or on the parents, if known, on the child’s tutor, if the child has one, and on the child if the child is 14 years of age or older; the judge may order that the application be served on the child if the child is 10 years of age or older. 2014, c. 1, a. 435; 2022, c. 22, s. 146.
Section 435Verify source
§ 436Section 436Provision

Source excerpt

An application for placement of a child is made by the adopter and the director of youth protection, unless special consent was given to the child’s adoption, in which case the adopter may apply alone.

436. An application for placement of a child is made by the adopter and the director of youth protection; if special consent was given to the child’s adoption, the application may be made by the adopter alone. An application for placement of a child may also be made by the child’s parent or a spouse who, alone, made an application for a declaration of eligibility for adoption in accordance with article 560 of the Civil Code. 2014, c. 1, a. 436.
Section 436Verify source
§ 436.1Section 436.1Provision

Source excerpt

To be admissible, the specified applications must be filed with a document about the parent of origin.

436.1. To be admissible, an application for placement and an application for an order of transfer of a child in relation to an adoption based on special consent while the child is not the subject of a report must be filed together with a document containing the information relating to the parent of origin in order to complete, if applicable, a summary of the child’s family and medical antecedents as provided for in the Youth Protection Act (chapter P-34.1). 2022, c. 22, s. 147.
Section 436.1Verify source
§ 437Section 437Provision

Source excerpt

The notice of an application for placement must be given to the child if the child is 10 or older, and the director of youth protection must notify certain family members in Québec who consented to the adoption in the previous year; where the adoption process is based on special consent, the applicant gives the notice.

437. A notice of the application for placement, stating the applicant’s name and place of domicile, is notified to the child concerned if the child is 10 years of age or older. The director of youth protection notifies a notice of the application to the child’s father, mother, parents or tutor if they are domiciled in Québec and consented to the adoption in the year preceding the application. If the adoption process is based on special consent to the child’s adoption, the notice of the application for placement is notified by the applicant. 2014, c. 1, a. 437; 2017, c. 12, s. 50; 2022, c. 22, s. 148.
Section 437Verify source
§ 438Section 438Provision

Source excerpt

The director of youth protection must notify certain people when an application is made to revoke a placement order.

438. An application for the revocation of a placement order is notified to the director of youth protection, who gives notice of the application to those to whom the application for placement was notified. If special consent was given to the child’s adoption, the application for revocation is served on the adopter and on the child if the child is 10 years of age or older. 2014, c. 1, a. 438.
Section 438Verify source
§ 439Section 439Provision

Source excerpt

If a report says the child has not adapted to the adoptive family, the court must send it to the adopter and tell the recipient how long they have to contest it. For a child aged 14 or older, the court may also send the report to the child, and must do so if it plans to dismiss the adoption application based on the report.

439. If a report stating that the child has not adapted to the adoptive family is filed with the court, the court sends the report to the adopter and, if applicable, to the child’s tutor or lawyer, and informs them of the time within which they may contest the report. If the child is 14 years of age or older, the court may send the report to the child if it sees fit; it is required to do so if it intends to dismiss the application for adoption on the basis of the report. 2014, c. 1, a. 439.
Section 439Verify source
§ 440Section 440Provision

Source excerpt

An adoption application must be made by the adopter; if there are two adopters, they must apply jointly.

440. An application for adoption is made by the adopter. If there are two adopters, the application is made jointly. 2014, c. 1, a. 440.
Section 440Verify source
§ 441Section 441Provision

Source excerpt

441. In addition to being served on the person concerned, an application for the adoption of a person of full age is notified to the person’s married or civil union spouse, children 14 years of age or older and ascendants. 2014, c. 1, a.

441. In addition to being served on the person concerned, an application for the adoption of a person of full age is notified to the person’s married or civil union spouse, children 14 years of age or older and ascendants. 2014, c. 1, a. 441.
Section 441Verify source
§ 442Section 442Provision

Source excerpt

An application to recognize an adoption order made outside Québec must be filed with certified copies of the adoption order and the foreign legislation.

442. To be admissible, an application for recognition of an adoption order made outside Québec must be filed together with certified copies of the adoption order and the foreign legislation. The applicant may attach ancillary applications such as for a change of the adoptee's surname or given name. 2014, c. 1, a. 442; I.N. 2016-12-01.
Section 442Verify source
§ 442.1Section 442.1Provision

Source excerpt

The parties to a qualifying agreement may call on a certified mediator to help negotiate or review the agreement without going to court.

442.1. The parties to an agreement referred to in article 579 of the Civil Code may, without presenting an application to the courts, call on a mediator who is certified in accordance with the regulations made under article 619 to assist them in negotiating or reviewing such an agreement following the order of placement or whenever a dispute arises on how the agreement is to be applied. Articles 617 to 619 apply. 2017, c. 12, s. 51.
Section 442.1Verify source
§ 443Section 443Provision

Source excerpt

The Minister of Justice may make regulations and publish forms, a table, and document requirements for determining child support payable by parents.

443. The Minister of Justice, by regulation, establishes standards for determining the child support payable by a parent. The standards are established on the basis of, among other factors, the combined basic child support contribution payable by the parents, childcare expenses, postsecondary education expenses, special expenses for the child and the custodial time of each parent. The Minister of Justice prescribes and publishes in the Gazette officielle du Québec the statement form and the support determination form the parties are required to file. The Minister also prescribes and publishes a table determining the combined basic child support contribution payable by the parents on the basis of their disposable income and the number of children they have. The Minister also identifies the documents that must be filed with the forms. 2014, c. 1, a. 443; 2020, c. 29, s. 39.
Section 443Verify source
§ 444Section 444Provision

Source excerpt

A court cannot make a support ruling unless the parties file the required statements with the court office; for parental child support, additional prescribed forms and documents are also required.

444. No ruling on a support obligation may be made unless the parties have each filed a statement containing the information prescribed by regulation with the court office and, in the case of a parental child support obligation, the support determination form duly completed by each party and the other prescribed documents. If the defendant fails to file those documents, their defence cannot be heard, and the court may make a ruling after hearing, and examining the documents filed by, the plaintiff. Before making a ruling, the court may nevertheless relieve the defendant from the default, subject to the conditions it determines. The statements filed with the court office are destroyed if no support is granted by the court or if no judgment is rendered within one year after they are filed. The information contained in the statements is confidential. It is collected only for the application of the Act to facilitate the payment of support (chapter P-2.2) by the Agence du revenu du Québec. 2014, c. 1, a. 444; I.N. 2016-12-01; 2024, c. 37, s. 10.
Section 444Verify source
§ 445Section 445Provision

Source excerpt

If the parties have not agreed on document delivery, the applicant parent must notify the other parent of the child support application and prescribed documents, except the article 444 statements. After notice is received, the other parent must notify the prescribed documents to the applicant at least 5 days before the application is presented.

445. Unless the parties have made an agreement on the delivery of documents, the applicant parent notifies the application for child support, together with the prescribed documents, except the statements required under article 444, to the other parent. After receiving notification of the application, the latter must in turn notify the prescribed documents to the applicant at least five days before the application is to be presented. 2014, c. 1, a. 445; 2024, c. 37, s. 11.
Section 445Verify source
§ 446Section 446Provision

Source excerpt

The court may supplement information in a prescribed document when particulars are incomplete or disputed, or when it otherwise considers it necessary.

446. If the particulars in a prescribed document are incomplete or contested, or in any circumstances it considers it necessary, the court may supplement the information. The court may determine a parent’s income by considering, among other things, the value of the parent’s assets and the income they generate or could generate, as it considers appropriate. 2014, c. 1, a. 446.
Section 446Verify source
§ 447Section 447Provision

Source excerpt

Child support is set without considering any spousal support claimed by a parent for themselves.

447. Child support is determined without consideration of any spousal support claimed by a parent for themselves. A judgment awarding child support and spousal support must clearly specify the amount to be paid in child support and the amount to be paid in spousal support. The support determination form used by the court to determine the child support payable must be attached to the judgment awarding child support. 2014, c. 1, a. 447.
Section 447Verify source
§ 448Section 448Provision

Source excerpt

Parents who agree to a child support amount different from the guideline amount must explain the reasons in their agreement and support form.

448. Parents who agree on a child support amount that differs from the amount that would be payable under the child support determination rules must clearly set out, in their agreement and in the support determination form, the reasons for the difference. If the judgment awards child support that does not reflect the parents’ agreement or, in the case of a contested application, the particulars in the forms filed by the parents, the judgment must clearly state the reasons for the difference, referring, if applicable, to the relevant sections of the form. 2014, c. 1, a. 448; I.N. 2016-12-01.
Section 448Verify source
§ 449Section 449Provision

Source excerpt

If an agreement on a support-obligation application is reached, a party receiving specified assistance benefits must say so in the agreement.

449. If an agreement is reached on an application relating to a support obligation and one of the parties is receiving benefits under a social assistance, social solidarity or basic income program created under the Individual and Family Assistance Act (chapter A-13.1.1), that party must state as much in the agreement. If a party was receiving benefits under such a program during any period covered by the agreement, that fact must also be stated in the agreement. 2014, c. 1, a. 449; 2018, c. 11, s. 24.
Section 449Verify source
§ 450Section 450Provision

Source excerpt

When a support judgment is made or changed, the court clerk must enter the relevant information in the support payments register and send the statements to the Minister of Revenue.

450. As soon as a judgment awarding support or varying a judgment awarding support is rendered, the court clerk enters the relevant information from the judgment and statements in the register of support payments and sends the statements to the Minister of Revenue with the judgment. Information entered in the register of support payments is confidential. 2014, c. 1, a. 450.
Section 450Verify source
§ 451Section 451Provision

Source excerpt

Applications about deprivation or restoration of parental authority must be served and notified to specified persons and the director of youth protection may intervene as of right.

451. An application for deprivation of parental authority or for withdrawal of an attribute of parental authority or of its exercise is served on the persons having parental authority and the child’s tutor and notified to the director of youth protection having jurisdiction in the child’s place of residence. The director may intervene as of right as regards the application. An application by the father and mother or the parents, or by either of them, to have their authority restored is served on the person having parental authority or, as applicable, on the tutor and notified to the persons who were party to the application for deprivation or withdrawal. 2014, c. 1, a. 451; I.N. 2016-12-01; 2022, c. 22, s. 149.
Section 451Verify source
§ 452Section 452Provision

Source excerpt

The court may order the establishment of a tutorship council on its own initiative.

452. The court, even on its own initiative, may order the establishment of a tutorship council so that it may seek its advice on the designation of a person to hold parental authority or on the appointment of a tutor. 2014, c. 1, a. 452.
Section 452Verify source
§ 453Section 453Provision

Source excerpt

When a court grants an annulment, separation from bed and board, a divorce, or dissolution of a civil union, it must decide related custody, support, and other ancillary matters.

453. When granting the annulment of a marriage or a civil union, separation from bed and board, a divorce or the dissolution of a civil union, the court rules on ancillary applications, such as applications relating to the custody, maintenance or education of the children or to child or spousal support. At the same time or at a later date, if warranted by the circumstances, the court rules on issues relating to family patrimony and other patrimonial rights arising from the marriage or civil union. 2014, c. 1, a. 453.
Section 453Verify source
§ 454Section 454Amendment

Source excerpt

A court hearing an application to homologate an agreement or draft agreement may amend it, postpone its decision until the parties amend it, or deny homologation.

454. The court seized of an application for the homologation of an agreement or a draft agreement between the parties may amend the agreement or draft agreement on the basis of the interests of the children or one of the spouses. The court may also postpone its decision until the parties have amended the agreement or draft agreement, or deny homologation, in which case the proceeding continues. 2014, c. 1, a. 454.
Section 454Verify source
§ 455Section 455Provision

Source excerpt

A court judgment under this section must state the register entries to be made.

455. A judgment ordering the drawing up or correction of an act of civil status or the alteration of the register of civil status must specify the entries to be made in the register. The judgment is binding on the registrar of civil status. 2014, c. 1, a. 455.
Section 455Verify source
§ 456Section 456Provision

Source excerpt

The court clerk must notify specified registrars and depositaries of certain family-status judgments. A depositary must also tell contract users that a judgment exists and give them the details needed to access it.

456. The court clerk notifies a judgment granting the annulment of a marriage or a civil union, separation from bed and board or as to property, a divorce or the dissolution of a civil union to the registrar of civil status, the personal and movable real rights registrar, Retraite Québec, the depositary of the marriage contract or civil union contract and the depositary of any contract modifying the matrimonial or civil union regime. The depositary is required to bring to the attention of persons who consult the contract or a copy of it the fact that a judgment has been rendered in connection with the contract and to give them the information needed to access the judgment, including the judgment date, the court record number, the court that rendered the judgment, and the judicial district in which the judgment was rendered. 2014, c. 1, a. 456; 2015, c. 20, s. 61; 2023, c. 23, s. 9.
Section 456Verify source
§ 456.1Section 456.1Provision

Source excerpt

The court clerk must notify adoption judgments for minor children to the local youth protection director, and must also notify the Minister of Health and Social Services if the child or adopter lives outside Québec.

456.1. The court clerk notifies every judgment concerning the adoption of a minor child to the youth protection director having jurisdiction in the place where the child resides. In addition, if the child or the adopter is domiciled outside Québec, the clerk notifies the judgment, together with, if applicable, the certificate issued under article 573.1 of the Civil Code, to the Minister of Health and Social Services. 2017, c. 12, s. 52.
Section 456.1Verify source
§ 456.2Section 456.2Provision

Source excerpt

The court clerk must notify the Minister of Health and Social Services of certain judgments about a child’s filiation in surrogacy cases when the birth mother or birth parent lives outside Québec.

456.2. The court clerk notifies every judgment concerning the filiation of a child born of a parental project involving surrogacy in which the woman or the person who gave birth to the child is domiciled outside Québec to the Minister of Health and Social Services. 2023, c. 13, s. 52.
Section 456.2Verify source
§ 457Section 457Provision

Source excerpt

If a judgment about support obligations, child custody, or provisional measures is rendered in a different judicial district, the court clerk must send it to the clerk of the district where the initial judgment was rendered.

457. If a judgment varying support obligations, child custody or provisional measures is rendered in a different judicial district than the one in which the initial judgment was rendered, the court clerk sends the judgment to the court clerk of the district in which the initial judgment was rendered. 2014, c. 1, a. 457.
Section 457Verify source
§ 457.1Section 457.1Provision

Source excerpt

The court clerk must send certain surrogacy filiation materials to the Minister of Employment and Social Solidarity.

457.1. The court clerk sends to the Minister of Employment and Social Solidarity, so that the Minister may file it in the register kept under article 542.10 of the Civil Code, the judgment regarding the filiation of a child born of a parental project involving surrogacy in which all the parties involved are domiciled in Québec, as soon as the judgment has become final. The court clerk also sends to the Minister, for the same purpose, the information filed with the application under article 431.0.3. 2023, c. 13, s. 53.
Section 457.1Verify source
§ 458Section 458Provision

Source excerpt

An opposition to a marriage or civil union must be notified at least five days before it is presented to the officiant, the registrar of civil status, and the intended spouses.

458. An opposition to a marriage or civil union must be notified, at least five days before the date the opposition is to be presented, to the officiant, to the registrar of civil status and to the intended spouses. Unless it is abusive, the court admits the opposition and sets an early hearing date. Admission of the opposition stays the solemnization of the marriage or civil union. If the opposition is not presented on the scheduled date, any party may obtain a default certificate from the court clerk. On receiving notification of the default certificate, the officiant may proceed with the solemnization of the marriage or civil union. When dismissing an opposition, the court, on an application, may immediately order the opposer to pay damages or may schedule a date to hear evidence on damages. The court may also, on an application by the opposer, order that damages be paid by anyone who takes or threatens to take reprisals against the opposer because of the opposer’s opposition. 2014, c. 1, a. 458; 2016, c. 12, s. 20.
Section 458Verify source
§ 459Section 459Provision

Source excerpt

If calling all known successors to a will’s probate would be impractical or too costly, the special clerk may grant an exemption and decide who must be notified.

459. When it would prove impractical or too costly to call all the known successors to the probate of a will, the special clerk may grant an exemption from that requirement and determine the persons to be notified by the applicant or the notary seized of the probate application. 2014, c. 1, a. 459.
Section 459Verify source
§ 460Section 460Provision

Source excerpt

If the original will is held by a third person, the special clerk may order that person to file it with the court office or deliver it to a designated notary for examination.

460. If the original of the will is in the hands of a third person, the special clerk may order the person to file it with the court office or to deliver it to the notary designated by the special clerk so that the notary may examine it. 2014, c. 1, a. 460.
Section 460Verify source
§ 461Section 461Provision

Source excerpt

If a will is probated by the court, it is deposited at the court office and the court clerk must provide certified copies on request to any interested person. If probated by a notary, the will is attached to the probate minutes and kept in the notary’s records, and the notary must provide certified copies on request.

461. A will probated by the court is deposited at the court office. The court clerk issues to any interested person, on request, certified copies of the will, the judgment probating the will and any evidence produced in support of the probate application. A will probated by a notary is attached to the minutes of the probate and kept in the notary’s records. The notary issues certified copies of the will and minutes of the probate to any interested person on request. 2014, c. 1, a. 461.
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§ 462Section 462Provision

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462. A will may, subsequent to its probate, be contested by any interested person who did not oppose the probate application or who, having opposed it, raises grounds they were not in a position to raise at the time. 2014, c. 1, a. 462.

462. A will may, subsequent to its probate, be contested by any interested person who did not oppose the probate application or who, having opposed it, raises grounds they were not in a position to raise at the time. 2014, c. 1, a. 462.
Section 462Verify source
§ 463Section 463Provision

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Any interested person may apply for letters of verification for use outside Québec to prove capacity as heir, particular legatee, or liquidator of the succession.

463. Any interested person may apply for letters of verification, for use outside Québec, to prove their capacity as heir, legatee by particular title or liquidator of the succession. The letters of verification certify that the succession has opened and identify the liquidator of the succession. In the case of an intestate succession, the letters of verification also certify that the property of the deceased devolves to the persons named in the proportions specified. In the case of a testamentary succession, the letters of verification certify that it has been proved that the will, a copy of which is attached to the letters of verification, is the only will made by the deceased or the last will made by the deceased; in the latter case, they certify that the will revokes previous wills in whole or in part. 2014, c. 1, a. 463.
Section 463Verify source
§ 464Section 464Provision

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The application for letters of verification must be notified to the liquidator of the succession, if known, and to all known heirs and legatees by particular title who live in Québec.

464. The application for letters of verification is notified to the liquidator of the succession, if known, and to all known heirs and legatees by particular title who are resident in Québec. 2014, c. 1, a. 464.
Section 464Verify source
§ 465Section 465Provision

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Letters of verification may be revoked or corrected on application by an interested person who did not oppose their issue, or who opposed it but raises grounds they could not assert at the time.

465. Letters of verification may be revoked or corrected on an application by any interested person who did not oppose their issue or who, having opposed it, raises grounds they were not in a position to assert at the time. 2014, c. 1, a. 465.
Section 465Verify source
§ 466Section 466Provision

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The court clerk or notary must issue certified copies of letters of verification to any interested person on request, unless the letters are contested.

466. The court clerk or the notary issues certified copies of letters of verification to any interested person on request. However, if the letters of verification are contested, no copies may be issued until the application has been dealt with. If letters of verification are corrected by a judgment, the court clerk issues new letters of verification to replace the initial ones. 2014, c. 1, a. 466; I.N. 2016-12-01.
Section 466Verify source
§ 467Section 467Provision

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Certain applications for registration or for correcting, reducing, or cancelling an entry in either register must be supported by a registrar-certified statement.

467. An application relating to registration in the land register or in the register of personal and movable real rights, or to the correction, reduction or cancellation of an entry in either register, must be supported by a statement, certified by the registrar, setting out the rights registered in the register in respect of the property, the nature of the universality, or the name of the grantor. 2014, c. 1, a. 467.
Section 467Verify source
§ 468Section 468Provision

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An application for acquisitive prescription of an immovable must be backed by specified land-title documents, and a location certificate is also required if there is a construction on the immovable.

468. An application relating to acquisitive prescription of an immovable must be supported by a recent statement, certified by the Land Registrar, setting out the rights registered in the land register. It must also be supported by a copy of or an extract from the cadastral plan or, if the immovable is not immatriculated or is a part of a lot, by a technical description of the immovable and the related plan, both prepared by a land surveyor. If a construction has been erected on the immovable, a location certificate must also be attached. The court that is to determine the right of ownership may, even on its own initiative, order a determination of the boundaries of the immovable if the accuracy of the plan is contested by the owners of the adjoining immovables. 2014, c. 1, a. 468; 2020, c. 17, s. 65.
Section 468Verify source
§ 469Section 469Provision

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A formal notice for boundary determination must state the demand and reasons, describe the immovables, and name the proposed land surveyor.

469. A formal notice for the determination of boundaries must set out the demand and the reasons for it, without any reference to disturbances, damage or other claims. It must describe the immovables concerned and include the name and contact information of the land surveyor proposed to perform the operations. If, following the formal notice, the owners agree to a boundary determination and on the choice of a land surveyor, they record their agreement in a document stating the reasons for the boundary determination, describing the immovables concerned and identifying the land surveyor. In the absence of an agreement, the person who gave the formal notice may ask the court to rule on the right to a boundary determination or to designate a land surveyor. 2014, c. 1, a. 469; I.N. 2016-12-01.
Section 469Verify source
§ 470Section 470Provision

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A land surveyor chosen by the owners or designated by the court must prepare a boundary determination report and send it to the owners, including the required details about the boundaries and the owners’ positions.

470. The land surveyor chosen by the owners or designated by the court draws up a boundary determination report under the surveyor’s professional oath and in the surveyor’s capacity as an expert. The report must give an account of all the operations necessary to determine the boundaries of the immovables concerned. It must include a plan of the premises, state the respective contentions of the owners concerned and establish the boundaries between the immovables that appear to the surveyor to be the most accurate. The land surveyor, after filing the report with the court office if the land surveyor was designated by the court, notifies a copy of it to the owners and informs them of the consequences of their accepting, not accepting or contesting the report. The expert fees are apportioned equally among the owners. 2014, c. 1, a. 470.
Section 470Verify source
§ 471Section 471Provision

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If the owners accept the boundary determination report, they must record their agreement in writing, sign it before the land surveyor, and ask the surveyor to place boundary markers, prepare minutes, and register the minutes in the land register.

471. If the owners accept the boundary determination report, they record their agreement in writing, sign it in the presence of the land surveyor and ask the land surveyor to place boundary markers, to draw up minutes of the boundary marking operations and to register the minutes in the land register; the report may be attached to the minutes. The boundary determination is, between the parties, declaratory as regards the boundary lines of the immovables and ownership rights. 2014, c. 1, a. 471.
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§ 472Section 472Provision

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A dissatisfied owner may ask the court to decide the boundary within one month after notice of the report; otherwise the other owner may ask the court to homologate it.

472. If one of the owners does not accept the boundary determination report, that owner, within one month after the notification of the report, may ask the court to rule on the boundary determination and determine the boundary lines of the immovables. If no such application is instituted within that strict time limit, the other owner may ask the court to homologate the report. After examining the report, the court rules on the boundary determination, determines the boundary lines of the immovables and orders the land surveyor to place boundary markers in the presence of witnesses, to draw up minutes of the boundary marking operations and to register the minutes and the judgment in the land register; the report may be attached to the minutes. The court issues the same orders if it agrees to homologate the report. The judgment is, for all, declaratory as regards the boundary lines of the immovables and ownership rights, and the registration of the minutes of the boundary marking operations constitutes proof of the execution of the judgment. 2014, c. 1, a. 472.
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§ 473Section 473Provision

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If an owner transfers rights in the immovable during the proceeding, the transferee may be compelled to continue the proceeding.

473. If, in the course of the proceeding, an owner transfers their rights in the immovable that is the subject of the boundary determination, the transferee may be compelled to continue the proceeding. 2014, c. 1, a. 473.
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§ 474Section 474Provision

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If a boundary determination might affect non-adjoining immovables, the court may order the owners to intervene; a land surveyor appointed by the parties may also ask the court to make that order.

474. If a boundary determination might affect immovables that are not adjoining to the plaintiff’s immovable, the court, even on its own initiative, may order the owners of the non-adjoining immovables to intervene in the matter. A land surveyor appointed by the parties may also ask the court to order such intervention. 2014, c. 1, a. 474.
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§ 475Section 475Provision

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475. The costs of the boundary marking operations and of the minutes are apportioned according to the length of the boundary line of each immovable, as determined. 2014, c. 1, a. 475.

475. The costs of the boundary marking operations and of the minutes are apportioned according to the length of the boundary line of each immovable, as determined. 2014, c. 1, a. 475.
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§ 476Section 476Provision

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476. In granting an application for the partition of undivided property, the court may order either a partition in kind or the sale of the property. The court may appoint an expert, or more than one expert if necessary, to assess the value

476. In granting an application for the partition of undivided property, the court may order either a partition in kind or the sale of the property. The court may appoint an expert, or more than one expert if necessary, to assess the value of the property, divide the property into lots and distribute the lots, if the property can conveniently be divided and distributed, or to sell the property in the manner determined by the court. On completion of the operations, the expert prepares a report, files it with the court office and delivers a copy to the co-owners. The expert must have the report homologated; the homologation application may be contested by any interested person. When homologating the report, the court may, if necessary, direct the court clerk or any other person it designates to hold a drawing of the lots; minutes of this operation must be filed in the court record. 2014, c. 1, a. 476.
Section 476Verify source
§ 477Section 477Provision

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If an application about divided co-ownership of an immovable is notified to the syndicate of co-owners, the syndicate must inform all co-owners of the subject matter within five days.

477. An application relating to divided co-ownership of an immovable is notified to the syndicate of co-owners, which must inform all the co-owners of the subject matter of the application within five days after the notification. 2014, c. 1, a. 477.
Section 477Verify source
§ 478Section 478Provision

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A person may open another person’s safety deposit box only with authorization from that person, the deceased person’s succession representatives, or the court.

478. A person may open a safety deposit box leased by another person in a financial institution if authorized to do so by that person or, if that person is deceased, by the liquidator of the succession or, in the absence of a liquidator, by the successors. As well, a person may open such a safety deposit box if authorized by the court to do so. The court grants its authorization only if it is satisfied that all those who may have rights in the property contained in the safety deposit box have been notified of the application or that sufficient effort has been made to notify them. The court may authorize the opening of the box subject to the conditions it specifies. When the safety deposit box is opened, a notary or a bailiff draws up minutes stating the names of the persons present and describing the content of the box and the property removed from the box. If the lessee of the box is deceased, only a notary is authorized to draw up the minutes. 2014, c. 1, a. 478.
Section 478Verify source
§ 479Section 479Provision

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Before a safety deposit box is opened, the applicant must pay the lessor enough to cover opening and restoring the box.

479. Before the safety deposit box is opened, the applicant pays to the lessor an amount sufficient to cover the cost of opening and restoring the box. 2014, c. 1, a. 479.
Section 479Verify source
§ 480Section 480Provision

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An application relating to security must be supported by a recent statement from the relevant register, certified by the registrar.

480. An application relating to security must be supported by a recent statement from the relevant register, certified by the registrar. 2014, c. 1, a. 480.
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§ 481Section 481Provision

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481. A judgment ordering the forced surrender of property specifies the time within which, the manner in which and the person to whom the property is to be surrendered. The judgment also orders that, on failure to surrender the property

481. A judgment ordering the forced surrender of property specifies the time within which, the manner in which and the person to whom the property is to be surrendered. The judgment also orders that, on failure to surrender the property within the time specified, the debtor or the possessor or holder of the property be evicted, or the property be taken away from them, as applicable. 2014, c. 1, a. 481.
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§ 482Section 482Provision

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A court may annul certain surrender orders on application by the possessor or holder if the original allegations were insufficient or false.

482. An order to surrender property issued before the expiry of the time specified in the prior notice of the exercise of a hypothecary right may be annulled by the court on the application of the possessor or holder of the property if the allegations in the original application that led to the issue of the order are insufficient or false. The application for the annulment of the order must be notified to all the parties to the proceeding within five days after notification of the order. If the order is annulled, the creditor is required to return the property or pay back the alienation price, as applicable. 2014, c. 1, a. 482.
Section 482Verify source
§ 483Section 483Provision

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If the owner of hypothecated property is unknown or uncertain and notice was given by public notice, the court may let the creditor exercise a hypothecary right if nobody contests the application or exercises the debtor’s rights.

483. Where the identity of the owner or of one of the owners of hypothecated property is unknown or uncertain and the application was notified by public notice, the court may authorize the creditor to exercise a hypothecary right if no one contests the application or exercises the rights of the hypothecary debtor or of the person against whom the right is exercised. 2014, c. 1, a. 483.
Section 483Verify source
§ 484Section 484Provision

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Notaries must provide copies, extracts, or access to certain notarial acts when the required fee is paid.

484. Notaries are required, on payment of their professional fees and expenses, to issue a copy of or an extract from the acts forming part of their records and required to be published to the parties to the act, their heirs or their representatives, or to otherwise give them access to those acts. They are also required, on receipt of such a payment, to issue a copy of or an extract from the acts that are not required to be published, or to otherwise give access to those acts, (1) to the parties to the act; (2) in the case of a protection mandate that has not been revoked, if it is established to the notary’s satisfaction that the incapacity of the mandator is such that the mandator may need to be represented in the exercise of his civil rights, to the mandator’s spouse or to close relatives and persons closely connected to the mandator by marriage or civil union as well as to any person who shows a special interest in the mandator; (3) in the case of an act containing testamentary provisions that have not been revoked, to the liquidator of the succession, an heir, a successor, an heir by particular title or to a person who, in the absence of testamentary provisions, would have been called to the succession, on proof of the death of the testator or donor; and (4) to any other person, where provided for by law. This article also applies to the assignee of notarial records or of part of notarial records, to the provisional custodian of such records, to any other legal depositary and to the mandatary referred to in section 89 of the Notaries Act (chapter N-3). 2014, c. 1, a. 484; I.N. 2016-12-01; 2023, c. 23, s. 10.
Section 484Verify source
§ 485Section 485Provision

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If a notary refuses or does not respond, a person who can show a right or interest may ask a court for an order requiring access to the act.

485. If a notary refuses, or fails to respond, any person who establishes their right or their interest may request a court order directing the notary to issue a copy of an act or an extract from an act or to otherwise give access to it. The order specifies the date and time when access is to be given. It must be notified in sufficient time to the notary; the notary certifies on the act that they are acting on the order of the court. 2014, c. 1, a. 485; I.N. 2016-12-01; 2023, c. 23, s. 11.
Section 485Verify source
§ 486Section 486Provision

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If the original of an authentic act or public register is lost, destroyed, or removed, an eligible person may ask the court to let it be deposited with a court-designated public officer.

486. When the original of an authentic act or of a public register has been lost, destroyed or removed, any person holding an authentic copy of or extract from the act or register, or any interested person, may ask the court to authorize or order that it be deposited with the public officer the court designates to serve as the original. The applicant pays the depositing fee and provides a new copy to the original holder as well as compensation for the disbursements incurred. 2014, c. 1, a. 486; 2023, c. 23, s. 12.
Section 486Verify source
§ 487Section 487Provision

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If an authentic act or public register cannot be replaced, the custodian public officer must establish and implement a reconstitution procedure.

487. When an authentic act or a public register cannot be replaced, the public officer who had custody of the act or register establishes and implements a procedure for reconstituting it. If the public officer does not act in a timely manner, any interested person may ask the court to designate a person to establish a reconstitution procedure. The court homologates the reconstituted document on being satisfied that the procedure followed was suitable and provides a valid reconstitution. 2014, c. 1, a. 487.
Section 487Verify source
§ 488Section 488Provision

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A homologated reconstituted document serves as the original and must be deposited with the public officer who had custody of the original or that officer’s transferee.

488. The homologated reconstituted document serves as the original; it is deposited with the public officer who had custody of the original or with that officer’s transferee. Homologation does not prevent an interested person from contesting the content of the document or asking for corrections or additions. 2014, c. 1, a. 488.
Section 488Verify source
§ 489Section 489Provision

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People with the legal capacity to participate in judicial proceedings may do so before the courts of Québec.

489. Any person having the capacity under the applicable law to take part in judicial proceedings may do so before the courts of Québec. If, under the law governing such capacity, the person must be represented, assisted or authorized, they must, before the courts of Québec, be represented, assisted or authorized in the manner specified by that law or by Québec law. Any person who may take part in judicial proceedings in a certain capacity under the law of a foreign State may do so in the same capacity before the courts of Québec. Any group of persons authorized by its constituting Act to take part in judicial proceedings may do so before the courts of Québec. 2014, c. 1, a. 489.
Section 489Verify source
§ 490Section 490Provision

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In a Québec court case involving a foreign element, a defendant with no domicile, residence, or establishment in Québec must answer the summons within 30 days, and the parties must file a case protocol within three months after the originating application is served.

490. Where a Québec court is seized of a dispute that involves a foreign element and the defendant has no domicile, residence or establishment in Québec, the latter has 30 days to answer the summons and the parties have three months from the date on which the originating application is served to file a case protocol; these time limits may be shortened if the parties consent or if, in an urgent situation, the judge so orders. 2014, c. 1, a. 490.
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§ 491Section 491Provision

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An application asking a Québec court to decline international jurisdiction, stay its ruling, or dismiss for lack of international jurisdiction is made like a preliminary exception.

491. An application urging a Québec court to decline international jurisdiction, stay its ruling or dismiss an application for lack of international jurisdiction is made in the same way as any preliminary exception. When ruling on its international jurisdiction, the court considers the guiding principles of procedure in addition to the provisions of the Civil Code. 2014, c. 1, a. 491.
Section 491Verify source
§ 492Section 492Provision

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If the plaintiff is not resident in Québec, or a non-domiciled legal person, the defendant may require security for costs, and the court may order dismissal if the suretyship is not provided in time.

492. If a plaintiff is not resident in Québec or, being a legal person, is not domiciled in Québec, the defendant may, at any stage of the proceeding, require that the plaintiff be ordered, under pain of dismissal of the application, to provide a suretyship, within a specified time, as security for the legal costs the court could award against the plaintiff. A person acting for another person under the rules of representation before the courts may also be required to provide a suretyship if the representative or one of the representative’s mandators is not resident in Québec or, being a legal person, is not domiciled in Québec. In determining the amount of the suretyship, the court considers the nature, complexity and importance of the case, including the costs involved, as well as the plaintiff’s financial situation and the value of the plaintiff’s property in Québec; if the plaintiff is acting on behalf of a mandator who is not resident in Québec, the court considers the mandator’s financial situation. On a party’s request, the court may increase or reduce the amount of suretyship if warranted by developments in the case or by the plaintiff’s circumstances. 2014, c. 1, a. 492.
Section 492Verify source
§ 493Section 493Provision

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A court may not order suretyship covering legal costs in family-matter proceedings or in situations governed by the two named child-abduction/mutual-aid Acts.

493. No suretyship covering legal costs may be ordered in judicial proceedings relating to family matters or in situations that are subject to the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01) or the Act to secure the carrying out of the Entente between France and Québec respecting mutual aid in judicial matters (chapter A-20.1). 2014, c. 1, a. 493.
Section 493Verify source
§ 494Section 494Provision

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Notification in Convention states must follow the Hague Convention; elsewhere it must follow Book I or local law, and the court may authorize another method on request if circumstances require.

494. In States party to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, made at The Hague on 15 November 1965, international notification is made in accordance with the Convention, which is reproduced in a schedule to this Code and has force of law in Québec. In States not party to the Convention, notification is made as provided for in Book I or in accordance with the law in force in the place where the notification is made. The court, on request, may authorize a different method of notification if it is required by the circumstances. The certificate of notification is sent to the notifying party through the same channels as those used to send the request for notification. 2014, c. 1, a. 494.
Section 494Verify source
§ 495Section 495Provision

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The court may give judgment against a defendant if no certificate of notification is received within six months and reasonable efforts were made to obtain it.

495. If it is established that no certificate of notification was received within six months after an originating application was sent to a foreign State for notification in that State according to a method recognized by the law of that State for the notification of pleadings from abroad, despite reasonable efforts to secure the certificate through the competent authorities of the foreign State, the court may render judgment against the defendant. A party against which a default judgment is so rendered following failure to answer the summons or defend on the merits may, within one year after the judgment date, apply for the revocation of the judgment if it can show that, by no fault of its own, it did not become aware of the proceeding in sufficient time to file a defence or to exercise a recourse against the decision, and if the grounds raised in its defence do not appear completely unfounded. 2014, c. 1, a. 495.
Section 495Verify source
§ 496Section 496Provision

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The Minister of Justice may direct a bailiff to notify a pleading from a foreign State to a person in Québec when the request comes through diplomatic or consular channels.

496. The Minister of Justice, on a request received by the Government through diplomatic or consular channels, may direct a bailiff to notify a pleading from a foreign State to a person in Québec. The pleading to be notified must be certified by an officer of a court of justice of the place from which it originates. If it is not in French, it must be accompanied by a certified translation, and the certificate of notification must state that a translation is attached to the notified pleading. The notifying party pays the notification costs in advance or undertakes to reimburse them, unless otherwise provided by an international commitment binding on Québec. 2014, c. 1, a. 496; 2022, c. 14, s. 143.
Section 496Verify source
§ 497Section 497Provision

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A non-Québec witness may be called to testify, usually by remote testimony, and the court must issue and serve the required certificate and subpoena documents under the witness’s home-law requirements.

497. A person resident in another province or in a territory of Canada may be called to attend at court as a witness. The witness’s testimony is heard at a distance unless it is established to the satisfaction of the court that attendance in person is necessary or possible without any major inconvenience to the witness. The court issues a certificate in keeping with the model established by the Minister of Justice and with the requirements of the law of the witness’s place of residence if it is established that the witness’s attendance at court is necessary to resolve the matter regarding which the witness is called to attend. The subpoena, together with the advance on the witness indemnity and the certificate, must be homologated and notified in accordance with the law of the witness’s place of residence. During the period in which the witness is present to attend at the court, the witness is deemed not to be subject to the jurisdiction of Québec courts otherwise than as a witness in the matter regarding which the witness was called to attend at court. Furthermore, the witness enjoys immunity that prohibits notifying pleadings to, undertaking execution measures against and compelling or imprisoning the witness under Québec law, unless it results from a fact that occurred during that period. A defaulting witness resident outside Québec, unless the person is in Québec at the time of the default, may only be punished by the court of their residence, on the face of the certificate of default issued by the court seized. 2014, c. 1, a. 497; 2020, c. 12, s. 61.
Section 497Verify source
§ 498Section 498Provision

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The court may homologate certain out-of-province or territorial subpoenas if required supporting documents are provided, and once homologated, the subpoena must be notified to the witness at least 10 days before the scheduled attendance time.

498. The court homologates a subpoena issued by an authority in another province or in a territory of Canada if it is accompanied by the advance on the witness indemnity and a certificate stating that the authority is convinced that the witness’s attendance at court is necessary to resolve the matter regarding which the witness is called to attend. If the witness’s attendance in person is required, the court homologates the subpoena only if the law of the witness’s place of residence provides for immunity similar to that provided for in article 497. Once homologated, the subpoena must be notified to the witness at least 10 days before the time at which the witness is scheduled to attend at court. 2014, c. 1, a. 498; 2020, c. 12, s. 62.
Section 498Verify source
§ 499Section 499Provision

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499. The court may, on the parties’ application, appoint a commissioner to examine a witness or to gather evidence in a foreign State if the court is convinced that the witness cannot be examined or the evidence gathered using

499. The court may, on the parties’ application, appoint a commissioner to examine a witness or to gather evidence in a foreign State if the court is convinced that the witness cannot be examined or the evidence gathered using technological means. If the application concerns a person who is domiciled or resident in a foreign State, the court may issue a rogatory commission either to a competent authority in that State or to Canadian diplomatic or consular authorities. If required by the foreign State, the decision is accompanied by a translation, the cost of which is borne by the party that wishes to conduct the examination. A commission for the examination of a person in active service in the Canadian Armed Forces outside Québec is addressed to the Judge-Advocate General to be executed by a person designated by the latter. 2014, c. 1, a. 499.
Section 499Verify source
§ 500Section 500Provision

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A commissioner appointment decision must state the people to be examined, how they are to be sworn, the instructions for the commissioner, and the filing time for the report; it may also set an expense amount and direct who files it with the court office.

500. A decision appointing a commissioner sets out the names of the persons to be examined and the manner in which they are to be sworn, the instructions needed to guide the commissioner in the execution of the commission, and the time within which the commissioner’s report must be filed; it may also determine an amount to cover the commissioner’s expenses and disbursements and direct that it be filed with the court office by the party that applied for the commission. The party that applied for the commission, or if that party fails to act, the party that joined in obtaining it, is required to see that it is delivered and executed promptly. 2014, c. 1, a. 500.
Section 500Verify source
§ 501Section 501Provision

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If a party wants to be represented at the examination, the party must notify the commissioner in time and provide the representative’s name and address.

501. If a party wishes to be represented at the examination, it must advise the commissioner in sufficient time and provide the name and address of its representative; the commissioner is required to give the representative at least five days’ notice of the date, time and place the proceedings in execution of the commission are to take place. 2014, c. 1, a. 501.
Section 501Verify source
§ 502Section 502Provision

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A party may ask the court to attach written examinations and written cross-examinations to the commission. The commissioner may ask or allow relevant questions even if none were prepared in advance, and parties retain the right to raise objections to evidence before the court.

502. A party may ask the court to attach written examinations and written cross-examinations to the commission. Whether or not any questions have been formulated in advance, the commissioner may ask a witness any relevant question and allow any relevant question to be asked. The commissioner reserves any objections to evidence, the parties retaining the right to present them before the court. 2014, c. 1, a. 502.
Section 502Verify source
§ 503Section 503Provision

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The commissioner must notify the court clerk of the commission-execution report and related witness materials within the time set in the decision; the documents must be sealed and labeled with a content list and the case name.

503. Within the time specified in the decision, the commissioner notifies to the court clerk a report on the execution of the commission together with the transcripts or recordings of the witness examinations, attested by the commissioner, and the exhibits produced by the witnesses; the documents must be in a sealed envelope bearing a list of its content and the case name. An unjustified failure to file a commission report cannot prevent the court from hearing the case. 2014, c. 1, a. 503.
Section 503Verify source
§ 504Section 504Provision

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A foreign party or authority may apply to the court to execute a rogatory commission, and the court may appoint a commissioner if none is named in the commission.

504. A foreign party or authority may apply to the court for execution of a rogatory commission. The court may appoint a commissioner to examine a witness or to gather evidence if no commissioner is designated in the commission. The same rules, with the necessary modifications, apply to an application presented by a commission of inquiry established by the Governor General in Council or a Lieutenant Governor in Council. 2014, c. 1, a. 504.
Section 504Verify source
§ 505Section 505Provision

Source excerpt

A rogatory commission is carried out under this Code unless the foreign authority asks for a different procedure, and the foreign authority must guarantee payment of costs.

505. The rogatory commission is executed in accordance with the rules of this Code, unless the foreign authority has requested a different procedure. The foreign authority must in any event give an undertaking to guarantee the payment of costs. The party that applied for execution of the commission informs the foreign authority of when and where the proceedings are to take place. 2014, c. 1, a. 505.
Section 505Verify source
§ 506Section 506Provision

Source excerpt

Documents attesting to execution of a rogatory commission, or a court refusal to allow it, must be sent to the foreign authority through the same channels used for the execution application.

506. The documents attesting to the execution of the rogatory commission, or the court decision refusing to allow its execution, are sent to the foreign authority through the same channels as those used to send the application for execution of the commission. 2014, c. 1, a. 506.
Section 506Verify source
§ 507Section 507Provision

Source excerpt

A decision rendered outside Québec may be recognized and enforced by originating application, and also by incidental application in the course of a proceeding by any party.

507. The recognition and enforcement of a decision rendered outside Québec is sought by means of an originating application. It may also be sought by means of an incidental application in the course of a proceeding by any of the parties. 2014, c. 1, a. 507.
Section 507Verify source
§ 508Section 508Provision

Source excerpt

A party seeking recognition or enforcement of a foreign decision must attach the decision and a foreign certificate; if the decision was by default, proof of notice is also required. Non-French/English documents need a translation certified in Québec, and the translation must be in French if the applicant is a legal person.

508. A party seeking the recognition or the enforcement of a foreign decision attaches the decision to the application, together with a certificate from a competent foreign public official stating that the decision is no longer appealable in the State in which it was rendered or that it is final or enforceable. If the decision was rendered by default, certified documents showing that the originating application was properly notified to the defaulting party must also be attached to the application. Documents in a language other than French or English must be accompanied by a translation certified in Québec. The translation must be in French if the party seeking the recognition or the enforcement of the foreign decision is a legal person. 2014, c. 1, a. 508; 2022, c. 14, s. 144.
Section 508Verify source
§ 509Section 509Provision

Source excerpt

An injunction is a Superior Court order that can require a person or certain organizations to stop doing something or to do a specified act; a judgment granting an injunction must be served on the parties and others named in the judgment.

509. An injunction is an order of the Superior Court directing a person or, in the case of a legal person, a partnership or an association or another group not endowed with juridical personality, its officers or representatives to refrain from or cease doing something or to perform a specified act. A judgment granting an injunction is served on the parties and the other persons identified in the judgment. 2014, c. 1, a. 509; 2016, c. 12, s. 21; 2024, c. 37, s. 5.
Section 509Verify source
§ 510Section 510Provision

Source excerpt

A party may ask for an interlocutory injunction during a proceeding, or before filing the originating application if filing cannot be done in time.

510. A party may ask for an interlocutory injunction in the course of a proceeding or even before the filing of the originating application if the latter cannot be filed in a timely manner. An application for an interlocutory injunction is served on the other party with a notice of its presentation. In an urgent case, the court may grant a provisional injunction, even before service. A provisional injunction cannot be granted for a period exceeding 10 days without the parties’ consent. 2014, c. 1, a. 510.
Section 510Verify source
§ 511Section 511Provision

Source excerpt

A court may grant an interlocutory injunction if the applicant appears entitled to it and it is necessary to prevent serious or irreparable prejudice or an ineffective merits judgment.

511. An interlocutory injunction may be granted if the applicant appears to have a right to it and it is judged necessary to prevent serious or irreparable prejudice to the applicant or to avoid creating a factual or legal situation that would render the judgment on the merits ineffective. The court may grant an interlocutory injunction subject to a suretyship being provided to cover the costs and any resulting prejudice. It may suspend or renew an interlocutory injunction for the time and subject to the conditions it determines. 2014, c. 1, a. 511.
Section 511Verify source
§ 512Section 512Provision

Source excerpt

If an interlocutory injunction is granted, it must be served on the other party and any other identified persons.

512. If an interlocutory injunction is granted, it is served on the other party and the other persons identified. If the originating application has not yet been served, it is served with the injunction; if the originating application has not yet been filed, the injunction is served without the originating application, but the latter must be served within the time set by the court. 2014, c. 1, a. 512.
Section 512Verify source
§ 513Section 513Provision

Source excerpt

An injunction cannot be granted to stop judicial proceedings or the exercise of an office in a qualifying legal person, except as provided in article 329 of the Civil Code.

513. An injunction cannot be granted to restrain judicial proceedings or the exercise of an office within a legal person established in the public interest or for a private interest, except in the cases described in article 329 of the Civil Code. 2014, c. 1, a. 513.
Section 513Verify source
§ 514Section 514Provision

Source excerpt

An injunction stays in force despite an appeal. An interlocutory injunction also stays in force despite a merits judgment dissolving it if the applicant appeals. A judge of the Court of Appeal may provisionally stay the injunction for a specified time.

514. An injunction remains in force despite an appeal; an interlocutory injunction remains in force despite a judgment on the merits dissolving the injunction if the applicant initiates an appeal. In either case, a judge of the Court of Appeal may provisionally stay the injunction for a specified time. 2014, c. 1, a. 514.
Section 514Verify source
§ 515Section 515Provision

Source excerpt

If the court imposes a contempt sanction for breaching an injunction, it may order destruction or removal of the non-compliant thing.

515. When imposing a contempt sanction for violation of an injunction, the court may order the destruction or removal of anything done contrary to the injunction. 2014, c. 1, a. 515; I.N. 2016-12-01.
Section 515Verify source
§ 515.1Section 515.1Provision

Source excerpt

A protection order directs a natural person to stop, refrain from, or do a specified act to protect another person who fears harm.

515.1. A protection order is an order directing a natural person to refrain from or cease doing something or to perform a specified act in order to protect another natural person who fears that their life, health or safety is threatened, in particular due to a context of violence based on a concept of honour, of family, spousal or sexual violence, of intimidation or of harassment. An application for a protection order may be made by means of an outline that briefly presents the alleged facts or by using the form established by the Minister of Justice. An application for a protection order may also be made, where the person fearing the threat consents to it or where the court so authorizes, by another person or by a body. The application for a protection order is deemed to be made under oath. 2024, c. 37, s. 6.
Section 515.1Verify source
§ 515.2Section 515.2Provision

Source excerpt

An application for a protection order must be notified to the other parties, but the court may issue a protection order for up to 10 days without that notification.

515.2. An application for a protection order is notified to other parties with a notice of its presentation. However, the court may issue a protection order for a maximum period of 10 days without the application having been notified to the other party. Once the application has been notified, the order may, prior to the trial on the merits, be extended or issued for a period of more than 10 days. 2024, c. 37, s. 6.
Section 515.2Verify source
§ 515.3Section 515.3Provision

Source excerpt

An application for a protection order is handled urgently.

515.3. An application for a protection order is tried and decided on an urgent basis. The protection order is issued for a maximum period of five years and on the conditions determined by the court. It may be renewed, extended or issued anew. 2024, c. 37, s. 6.
Section 515.3Verify source
§ 515.4Section 515.4Provision

Source excerpt

When a court grants a protection order, the court clerk must notify the parties, any other person named in the order, and the police force of the plaintiff’s place of domicile without delay.

515.4. A judgment granting a protection order is notified without delay by the court clerk to the parties, to any other person identified in it, and to the police force of the plaintiff’s place of domicile. Despite the second paragraph of article 133, notification may be made by a technological means. The provisions relating to contempt of court do not apply to a person who disobeys a protection order. The protection order is enforceable despite a contestation or an appeal, unless the court orders otherwise. 2024, c. 37, s. 6.
Section 515.4Verify source
§ 516Section 516Commencement

Source excerpt

516. The purpose of a seizure before judgment is to place property in the hands of justice while a proceeding is pending. A seizure before judgment is carried out in the same manner and according to the same rules as a seizure after

516. The purpose of a seizure before judgment is to place property in the hands of justice while a proceeding is pending. A seizure before judgment is carried out in the same manner and according to the same rules as a seizure after judgment, subject to the rules of this chapter. A seizure before judgment may be carried out before the commencement or in the course of a proceeding or while the case is under appeal, but in the latter case with the authorization of the court of first instance. A third person is given custody of the seized property, unless the seizor authorizes the bailiff to leave the property in the custody of the person from whom it is seized. 2014, c. 1, a. 516.
Section 516Verify source
§ 517Section 517Provision

Source excerpt

517. A plaintiff, as of right, may seize the following before judgment: (1) movable property the plaintiff has the right to revendicate; (2) movable property for whose price the plaintiff is entitled to be collocated by preference and

517. A plaintiff, as of right, may seize the following before judgment: (1) movable property the plaintiff has the right to revendicate; (2) movable property for whose price the plaintiff is entitled to be collocated by preference and which is being used in such a manner as to jeopardize the realization of the plaintiff’s prior claim; and (3) movable property the plaintiff is permitted by law to seize in order to secure the exercise of rights in the property. However, the authorization of the court is necessary to seize a technological medium or a document stored on such a medium. 2014, c. 1, a. 517.
Section 517Verify source
§ 518Section 518Provision

Source excerpt

With court authorization, the plaintiff may seize the defendant’s property before judgment if needed to avoid jeopardizing recovery of the claim.

518. With the authorization of the court, the plaintiff may seize the defendant’s property before judgment if there is reason to fear that recovery of the claim might be jeopardized without the seizure. 2014, c. 1, a. 518.
Section 518Verify source
§ 519Section 519Provision

Source excerpt

In specified family-law proceedings, each spouse may seize certain property before judgment, and may also seize the other spouse’s property with court authorization.

519. In a proceeding for the annulment of a marriage or a civil union, for separation from bed and board or as to property, for divorce, for the dissolution of a civil union, for payment of a compensatory allowance, or for the partition of a parental union patrimony, each spouse, as of right, may seize before judgment movable property belonging to that spouse whether it is in the hands of the other spouse or a third person. With the authorization of the court, each spouse may also seize property belonging to the other spouse for the share the spouse would be entitled to on the dissolution of the matrimonial or civil union regime or in the case of partition of a parental union patrimony; the court determines who is to be the custodian of the property so seized. 2014, c. 1, a. 519; 2024, c. 22, s. 40.
Section 519Verify source
§ 520Section 520Provision

Source excerpt

A seizure before judgment must be done under a notice of execution and the seizor’s instructions, backed by an affidavit.

520. A seizure before judgment is carried out under a notice of execution and according to the seizor’s instructions, supported by an affidavit in which the seizor affirms the existence of the claim and the facts justifying the seizure, specifying, if applicable, the source of the information relied on. If the authorization of the court is necessary, it must appear on the seizor’s affidavit. The instructions direct the officiating bailiff to seize all the defendant’s movable property or only certain specified movables or immovables. The bailiff serves the notice of execution on the defendant along with the seizor’s affidavit. 2014, c. 1, a. 520.
Section 520Verify source
§ 521Section 521Provision

Source excerpt

If a seizure before judgment happens before the originating application is served, the seizor must file the originating application with the court office and serve it on the defendant within five days after the notice of execution is served.

521. If a seizure before judgment is carried out before service of the originating application, the seizor files the originating application with the court office and serves it on the defendant within five days after service of the notice of execution. 2014, c. 1, a. 521.
Section 521Verify source
§ 522Section 522Provision

Source excerpt

Within five days after service of the notice of execution, the defendant may ask the court to quash the seizure on the basis that the seizor’s affidavit is insufficient or false.

522. Within five days after service of the notice of execution, the defendant may ask that the seizure be quashed on the grounds that the allegations in the seizor’s affidavit are insufficient or false. If this proves to be true, the court quashes the seizure; if not, it confirms the seizure and may revise its scope. 2014, c. 1, a. 522.
Section 522Verify source
§ 523Section 523Provision

Source excerpt

The defendant may stop removal of property, obtain release from seizure, or recover seized property by giving a sufficient guarantee to the bailiff.

523. The defendant may prevent the removal of property, be released from the seizure or recover seized property by giving a sufficient guarantee to the bailiff. If the bailiff refuses the guarantee offered, the defendant may ask the court for a decision. The deposit of a sum of money, of a guarantee issued by a financial institution carrying on business in Québec or of an insurance policy guaranteeing the performance of the defendant’s obligations constitutes a sufficient guarantee. The amount of the guarantee is determined by the amount claimed or the value of the seized property. 2014, c. 1, a. 523.
Section 523Verify source
§ 524Section 524Provision

Source excerpt

The court may order sequestration of disputed property, including on its own initiative, if needed to preserve the parties’ rights.

524. The court, even on its own initiative, may order the sequestration of disputed property if it considers it necessary to preserve the parties’ rights in the property. When ordering sequestration, the court designates the sequestrator or convenes the parties to appear before it on a specified date to choose the sequestrator. If an appeal has been initiated, the court of first instance may order sequestration of the property. 2014, c. 1, a. 524.
Section 524Verify source
§ 525Section 525Provision

Source excerpt

The sequestrator must take an oath before the court clerk, and a bailiff must place the sequestrator in possession of the property and draw up minutes describing it.

525. The sequestrator takes an oath before the court clerk and is placed in possession of the property by a bailiff. The bailiff draws up minutes describing the property, which are authenticated by the bailiff and the sequestrator. 2014, c. 1, a. 525.
Section 525Verify source
§ 526Section 526Provision

Source excerpt

The sequestrator must follow the obligations of conventional sequestration unless the court decides otherwise.

526. The sequestrator is bound by all the obligations of conventional sequestration, unless the court decides otherwise. The costs and remuneration of the sequestrator are taxed by the court clerk and are owed solidarily by the parties to the dispute, unless the court decides otherwise. 2014, c. 1, a. 526.
Section 526Verify source
§ 527Section 527Provision

Source excerpt

If there is a dispute, an application for authorization, approval, or homologation is presented to the court on the date in the notice of presentation, and that date must be at least five days after notification of the application.

527. An application for authorization, approval or homologation is, when there is a dispute, presented before the court on the date specified in the attached notice of presentation. The presentation date cannot be less than five days after notification of the application. 2014, c. 1, a. 527.
Section 527Verify source
§ 528Section 528Provision

Source excerpt

Homologation means court approval of a juridical act, and the homologated act has the same force and effect as a court judgment.

528. Homologation is approval by a court of a juridical act in the nature of a decision or of an agreement. It gives the homologated act the same force and effect as a judgment of the court. The homologating court only examines the legality of the act; it cannot rule on its advisability or merits unless a specific provision empowers it to do so. 2014, c. 1, a. 528.
Section 528Verify source
§ 529Section 529Provision

Source excerpt

529. In a judicial review, the Superior Court may, depending on the subject matter, (1) declare inapplicable, invalid or inoperative a provision of an Act of the Parliament of Québec or the Parliament of Canada, a regulation made under

529. In a judicial review, the Superior Court may, depending on the subject matter, (1) declare inapplicable, invalid or inoperative a provision of an Act of the Parliament of Québec or the Parliament of Canada, a regulation made under such a law, an order in council, a minister’s order or any other rule of law; (2) evoke, on a party’s application, a case pending before a court, or review or quash a judgment rendered by a court or a decision made by a person or body under the authority of the Parliament of Québec, if the court, body or person acted without jurisdiction or in excess of jurisdiction, or if the procedure followed was affected by some serious irregularity; (3) direct a person holding an office within a public body, a legal person, a partnership or an association or another group not endowed with juridical personality to perform an act which they are by law required to perform, provided the act is not of a purely private nature; or (4) dismiss a person who, without right, is occupying or exercising a public office or an office within a public body, a legal person, a partnership or an association or another group not endowed with juridical personality. Except in the case of lack or excess of jurisdiction, judicial review is available only if the judgment or the decision cannot be appealed or contested. An application for judicial review must be served within a reasonable time after the act or the fact on which it is based. 2014, c. 1, a. 529.
Section 529Verify source
§ 530Section 530Provision

Source excerpt

An application for judicial review must be set for a hearing date at least 15 days after service, is heard by preference, and does not automatically stay related proceedings or enforcement unless the court orders otherwise.

530. An application for judicial review is presented before the Superior Court on the date specified in the attached notice of presentation, which cannot be less than 15 days after service of the application. The judicial review is conducted by preference. Unless the court decides otherwise, the application does not stay proceedings pending before another court or the execution of the judgment or decision under review. If necessary, the court orders that the exhibits it specifies be sent without delay to the court clerk. A review judgment that rules in favour of the applicant is served on the parties if it orders that something be done or not be done. 2014, c. 1, a. 530; I.N. 2016-12-01.
Section 530Verify source
§ 531Section 531Provision

Source excerpt

An appellate judge may order a stay after a notice of appeal has been filed.

531. At any time after a notice of appeal has been filed, an appellate judge may order a stay of any proceeding or of any decision whose execution is not stayed by the appeal. 2014, c. 1, a. 531.
Section 531Verify source
§ 532Section 532Provision

Source excerpt

On an application, the court may transfer the office to another person if the application for judicial review sets out facts proving that person’s right to the office; the review judgment may also award punitive damages against the defendant.

532. On removing the defendant from office, the court, on an application, may confer the office on another person if facts proving that person’s right to the office are set out in the application for judicial review. The review judgment may award punitive damages against the defendant. 2014, c. 1, a. 532.
Section 532Verify source
§ 533Section 533Offence

Source excerpt

A review judgment based on a possible indictable offence takes effect immediately, even if appealed, but the office is only treated as vacant when the judgment becomes final unless it is vacated earlier for another reason.

533. If the review judgment is based on the grounds that the defendant may have committed an indictable offence, it is effective immediately despite an appeal. Nevertheless, the office is only deemed vacant as of the day on which the judgment becomes final, unless it is vacated at an earlier time for another reason; in the meantime, the defendant is not entitled to the benefits attached to the office. If the office concerned is a seat on the council of a municipality that is subject to Title I of the Act respecting elections and referendums in municipalities (chapter E-2.2), the effects of provisional execution of the judgment are specified by that Act. 2014, c. 1, a. 533.
Section 533Verify source
§ 534Section 534Provision

Source excerpt

A person appointed by the court may exercise the office only after taking the required oath and providing the required suretyship.

534. The person on whom the court confers the office may exercise it after taking the required oath and providing the required suretyship, and may demand that the defendant hand over the property incidental to the office. If the defendant refuses, the court may direct a bailiff to take possession of the property and hand it over to the rightful person. 2014, c. 1, a. 534.
Section 534Verify source
§ 535Section 535Provision

Source excerpt

This section says the election of a warden, mayor, or municipal councillor cannot be contested under this chapter, except for lack of qualification.

535. The election of a warden in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9) or of a mayor or a municipal councillor cannot be contested under this chapter, except for lack of qualification. 2014, c. 1, a. 535.
Section 535Verify source
§ 535.1Section 535.1Provision

Source excerpt

Certain Court of Québec applications and related ancillary matters under Book II are subject to special rules when the dispute value or amount claimed is under $100,000, excluding interest.

535.1. Applications in which the value of the subject matter of the dispute or the amount claimed, including in lease resiliation matters, is less than $100,000, exclusive of interest, and those ancillary to such an application, including those for the specific performance of a contractual obligation, brought under the rules of Book II before the Court of Québec in the exercise of its jurisdiction under article 35, are also conducted according to the following special rules. 2023, c. 3, s. 8.
Section 535.1Verify source
§ 535.2Section 535.2Provision

Source excerpt

535.2. The preparation of a case protocol is not required. 2023, c. 3, s. 8.

535.2. The preparation of a case protocol is not required. 2023, c. 3, s. 8.
Section 535.2Verify source
§ 535.3Section 535.3Provision

Source excerpt

Statements in an originating application must not exceed five pages, unless the court authorizes extra pages on serious grounds.

535.3. The statements set out in an originating application shall not exceed five pages in length. The court may, by way of exception and if warranted on serious grounds, authorize the subsequent addition of supplementary pages. 2023, c. 3, s. 8.
Section 535.3Verify source
§ 535.4Section 535.4Provision

Source excerpt

535.4. The plaintiff must, within 20 days after service of the summons, complete the application by disclosing to the defendant the exhibits in support of the application and by filing with the court office a notice stating the nature and

535.4. The plaintiff must, within 20 days after service of the summons, complete the application by disclosing to the defendant the exhibits in support of the application and by filing with the court office a notice stating the nature and number of testimonies by affidavit that the plaintiff intends to file as well as the nature and number of pre-trial examinations that the plaintiff intends to conduct and of expert opinions that the plaintiff intends to seek so that the court may authorize them, if applicable. 2023, c. 3, s. 8.
Section 535.4Verify source
§ 535.5Section 535.5Provision

Source excerpt

A party intending to raise preliminary exceptions or incidental applications must disclose them in writing to the other party and file the disclosure with the court office within 45 days after service of the summons.

535.5. The preliminary exceptions and incidental applications that a party intends to raise must be disclosed in writing to the other party; the written disclosure must be filed with the court office within 45 days after service of the summons and the other party may make representations in writing within 10 days after the disclosure. The preliminary exceptions and incidental applications are subsequently presented before the court, if applicable. Any preliminary exceptions and incidental applications that could not be disclosed before the expiry of the time limit are presented before the court as soon as possible. On the expiry of the time limit for making written representations, an application for dismissal of the proceeding based on a declinatory exception or on an exception to dismiss may be denied on the face of the record and an application for the stay of the proceeding arising from a preliminary exception or an incidental application may be decided on the face of the record. 2023, c. 3, s. 8.
Section 535.5Verify source
§ 535.6Section 535.6Provision

Source excerpt

The defendant must file a brief outline and notice with the court office within 95 days after service of the summons, and must disclose defence exhibits to the plaintiff within the same time.

535.6. The defendant must, within 95 days after service of the summons, file with the court office a brief outline of the defendant’s arguments and a notice stating the nature and number of testimonies by affidavit that the defendant intends to file as well as the nature and number of pre-trial examinations that the defendant intends to conduct and of expert opinions that the defendant intends to seek so that the court may authorize them, if applicable. The defendant must, within the same time, disclose to the plaintiff the exhibits in support of the defence. The statements contained in the brief outline of the arguments shall not exceed two pages in length, or seven pages if the defendant makes a cross-application. The court may, by way of exception and if warranted on serious grounds, authorize the subsequent addition of supplementary pages. 2023, c. 3, s. 8.
Section 535.6Verify source
§ 535.7Section 535.7Provision

Source excerpt

The intervenor or impleaded party must file a declaration of intervention or a brief outline of arguments with the court office within 95 days after service of the summons, or within 45 days if the originating application or declaration of intervention is notified more than 50 days after service of the summons.

535.7. The intervenor or the impleaded party must, within 95 days after service of the summons, file with the court office either their declaration of intervention or a brief outline of their arguments, which must obey the same rules as those applying to the originating application or the brief outline, respectively. However, where the originating application or the declaration of intervention is notified more than 50 days after service of the summons, the intervenor or the impleaded party files the same documents within 45 days. 2023, c. 3, s. 8.
Section 535.7Verify source
§ 535.8Section 535.8Provision

Source excerpt

A case management conference must be held within 110 days after service of the summons when the stated conditions apply, and the parties must attend if the court requires an in-person hearing.

535.8. Not later than 110 days after service of the summons, a case management conference is held if one of the parties is not represented or if the court has to decide the preliminary exceptions or incidental applications that have not already been presented before it or has to authorize the pre-trial examinations that a party intends to conduct, the expert opinions that a party intends to seek or the number of pages of the application, of the defence or of a witness’s affidavit. The conference is held at a distance, unless the court requires that it be held in person; the parties are bound to attend if the court requires them to do so. 2023, c. 3, s. 8.
Section 535.8Verify source
§ 535.9Section 535.9Provision

Source excerpt

A pre-trial written examination cannot be longer than three pages. Each party is entitled to only one oral pre-trial examination when the claimed amount or property value is at least $50,000, unless the court decides otherwise.

535.9. A pre-trial written examination shall not exceed three pages in length. Each of the parties is entitled to only a single oral pre-trial examination where the amount claimed or the value of the property claimed in the judicial application is equal to or greater than $50,000, unless the court decides otherwise. 2023, c. 3, s. 8.
Section 535.9Verify source
§ 535.10Section 535.10Provision

Source excerpt

Evidence filed with the court office is presumed to be admitted as to its origin and the integrity of the information it contains unless a party objects.

535.10. The origin of evidence filed with the court office or the integrity of the information it contains is presumed to be admitted unless one of the parties objects. 2023, c. 3, s. 8.
Section 535.10Verify source
§ 535.11Section 535.11Provision

Source excerpt

The court may, as an exception and on serious grounds, order a party to give particulars of allegations or strike immaterial allegations.

535.11. The court may, only by way of exception and if warranted on serious grounds, order a party, including at the case management conference, to provide particulars as to allegations made or to strike immaterial allegations. 2023, c. 3, s. 8.
Section 535.11Verify source
§ 535.12Section 535.12Provision

Source excerpt

A settlement conference must be held between 130 and 160 days after service of the summons, and it may be turned into a pre-trial conference in specified cases.

535.12. A settlement conference is held not earlier than 130 days, nor later than 160 days, from service of the summons. If no settlement is reached, the conference is converted into a pre-trial conference. The settlement conference may, with the parties’ consent, be replaced by a pre-trial conference if the parties have already participated in another settlement conference in the course of the proceeding or if the plaintiff has filed with the court office, while completing the application, a certificate issued by a certified mediator, or by a body offering mediation in civil matters, and confirming that the parties resorted to a private dispute prevention and resolution process, or evidence that the parties agreed to a pre-court protocol. The settlement conference may also be replaced by a pre-trial conference if the court considers that it must be in the circumstances. At the pre-trial conference, the parties also ready the case for trial. 2023, c. 3, s. 8.
Section 535.12Verify source
§ 535.13Section 535.13Provision

Source excerpt

The court clerk must set the case down for trial and judgment on a court order, including at a case management or pre-trial conference, or within six months after service of the summons.

535.13. The court clerk sets the case down for trial and judgment on an order of the court, including at the case management conference or at the pre-trial conference, or not later than six months after service of the summons. 2023, c. 3, s. 8.
Section 535.13Verify source
§ 535.14Section 535.14Provision

Source excerpt

A party may use a witness affidavit instead of witness testimony if the affidavit is notified to the other parties beforehand.

535.14. In lieu of the testimony of one of their witnesses on the facts of the dispute, a party may produce an affidavit from the witness, provided the affidavit has been notified to the other parties beforehand. An affidavit shall not exceed five pages in length, but the court may, by way of exception and if warranted on serious grounds, authorize the subsequent addition of supplementary pages. 2023, c. 3, s. 8.
Section 535.14Verify source
§ 535.15Section 535.15Provision

Source excerpt

The parties must seek a joint expert opinion when the claimed amount or property value in the judicial application is under $50,000, unless the court allows a non-joint opinion.

535.15. The parties must seek a joint expert opinion in cases where the amount claimed or the value of the property claimed in the judicial application is less than $50,000, unless the court authorizes that the expert opinion not be joint. 2023, c. 3, s. 8.
Section 535.15Verify source
§ 536Section 536Provision

Source excerpt

Certain small-value claims and related contract applications may be brought under this Title if the plaintiff meets the stated representation conditions; some entities are barred from acting as plaintiff unless they meet the employee-count condition.

536. An application for recovery of a claim not exceeding $15,000, excluding interest, is instituted under the rules of this Title if the plaintiff is acting in their own name and for their own account or is acting as administrator of the property of others, tutor or temporary representative or under a protection mandate. The same applies to an application seeking the resolution, resiliation or cancellation of a contract provided neither the value of the contract, nor the amount claimed, if any, exceeds $15,000. The same applies to an application ancillary to such an application and pertaining to the revendication of property. A legal person, a partnership or an association or another group not endowed with juridical personality cannot act as plaintiff under the rules of this Title unless a maximum of 10 persons bound to it by an employment contract were under its direction or control at any time during the 12-month period preceding the application. 2014, c. 1, a. 536; 2020, c. 11, s. 114; 2023, c. 3, s. 9.
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§ 537Section 537Provision

Source excerpt

This Title does not apply to certain applications, including those about dwelling leases, support, defamation, or claims assigned for payment.

537. This Title does not apply to applications arising from the lease of a dwelling, applications for support or applications alleging defamation. Nor does it apply to applications brought by a person, a partnership or an association or another group not endowed with juridical personality on the basis of a claim assigned to them in return for payment. 2014, c. 1, a. 537.
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§ 538Section 538Provision

Source excerpt

A plaintiff may reduce a claim to $15,000 or less, but may not split a claim over that amount into multiple smaller claims, or the application may be dismissed.

538. A plaintiff may voluntarily reduce the amount claimed to $15,000 or less, but cannot divide a claim exceeding that amount into two or more claims not exceeding that amount, under pain of dismissal of the application. However, a plaintiff is not deemed to have divided a claim if it arises from a credit contract providing for repayment by instalments or from a contract involving the sequential performance of obligations, such as a lease, an employment contract, a disability insurance contract or other similar contract, and if the amount claimed in the application does not exceed $15,000. 2014, c. 1, a. 538.
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§ 539Section 539Provision

Source excerpt

Two or more creditors may join applications when they share the same juridical basis or the same points of law and fact, and each claim is $15,000 or less. The court may separate the applications at any time.

539. Two or more creditors may join their applications if they have the same juridical basis or raise the same points of law and fact and none of them exceeds $15,000. The court may separate the applications at any time. 2014, c. 1, a. 539.
Section 539Verify source
§ 539.1Section 539.1Provision

Source excerpt

The small-claims recovery limit increases by $1,000 on 1 September after the specified CPI-based adjustment threshold is met, and the Minister of Justice must publish a notice by 1 August.

539.1. The monetary limit for the recovery of small claims provided for in articles 536, 538, 539, 550, 561.1, 565 and 660 is increased by $1,000 on 1 September of the calendar year following the calendar year in which the total amount resulting from annual adjustment of the indexed limit amount on the basis of the Consumer Price Index for Québec, determined by Statistics Canada, since the last increase is equal to or exceeds $1,000. A notice stating the monetary limit for the recovery of small claims resulting from that calculation is published in the Gazette officielle du Québec by the Minister of Justice not later than 1 August of the year in which the new limit comes into force. Judicial applications introduced before 1 September of that year continue in accordance with the rules under which they were brought. 2023, c. 3, s. 10.
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§ 539.2Section 539.2Provision

Source excerpt

Applications in a proceeding must be in writing; the court clerk must notify the other party, who may respond in writing within 10 days, and then the clerk submits the matter to the court.

539.2. Any application in the course of a proceeding must be in writing. The court clerk informs the other party of the application, specifying that they may make representations in writing within 10 days after being so informed. On the expiry of that time, the court clerk submits the application and any representations to the court, which decides the matter on the face of the record, unless the court considers it necessary to hear the parties. 2023, c. 3, s. 10.
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§ 540Section 540Provision

Source excerpt

The court may manage the proceeding, order expert evidence or site inspections, and try to reconcile the parties.

540. At any time in the course of the proceeding, the court, even on its own initiative, may take the case management measures it sees fit and, if necessary, convene a case management conference or hear a preliminary application and issue any appropriate order. If the court considers it necessary in order to assess facts relating to the dispute, it may impose joint expert evidence, specifying the applicable terms; it may also ask a bailiff to ascertain the state or condition of certain premises or things. If circumstances permit, the court may attempt to reconcile the parties during the hearing or at a settlement conference. If an agreement or a settlement is reached, the judge homologates it. If no settlement is reached after conciliation is held during the hearing, the judge may continue the trial. If no settlement is reached after a settlement conference, the judge may take the appropriate case management measures or, with the parties’ consent, convert the conference into a case management conference, but may not subsequently try the case or decide any incidental application. 2014, c. 1, a. 540; 2020, c. 29, s. 40.
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§ 541Section 541Provision

Source excerpt

If a provision’s operability, constitutionality, or validity is challenged before the court, the court may refer the application to the competent court or have it tried under Title I.1.

541. When the operability, constitutionality or validity of a provision of a law, a regulation, an order in council, a minister’s order or any other rule of law is challenged before the court, the court may order that the application be referred to the competent court or tried according to the procedure set out in Title I.1 of this Book. 2014, c. 1, a. 541; 2023, c. 3, s. 11.
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§ 542Section 542Provision

Source excerpt

542. Natural persons must self-represent; they may, however, give their spouse, a relative, a person connected to them by marriage or civil union or a friend a non-remunerated mandate to represent them. The mandate must be recorded in a

542. Natural persons must self-represent; they may, however, give their spouse, a relative, a person connected to them by marriage or civil union or a friend a non-remunerated mandate to represent them. The mandate must be recorded in a document identifying the mandatary and stating the reasons why the mandator is unable to self-represent, and be signed by the mandator. The State, legal persons, partnerships and associations and other groups not endowed with juridical personality can only be represented by an officer or employee in their sole service who is not a lawyer. Despite section 34 of the Charter of human rights and freedoms (chapter C-12), lawyers or collection agents cannot act as mandataries except to recover professional fees owed to the partnership to which they belong. By way of exception, if a case raises a complex issue on a point of law, the court, on its own initiative or on a party’s request, after obtaining the consent of the chief judge of the Court of Québec, may authorize the parties to be represented by lawyers. In such a case, except for parties who do not qualify as plaintiffs under this Title, the lawyers’ professional fees and costs are borne by the Minister of Justice but cannot exceed those set in the tariff of fees established by the Government under the Act respecting legal aid and the provision of certain other legal services (chapter A-14). Both natural persons and legal persons may consult a lawyer, including for the purpose of preparing the presentation of their case. 2014, c. 1, a. 542.
Section 542Verify source
§ 543Section 543Provision

Source excerpt

543. The parties may inquire with the court office for information on the conduct of the proceeding and the execution of the judgment and, more specifically, on key procedural steps and the rules governing the venue for the application,

543. The parties may inquire with the court office for information on the conduct of the proceeding and the execution of the judgment and, more specifically, on key procedural steps and the rules governing the venue for the application, the disclosure of exhibits, the production of evidence and the legal costs. If necessary, the court clerk assists the parties in preparing pleadings or completing the forms placed at their disposal, but cannot give them legal advice. 2014, c. 1, a. 543.
Section 543Verify source
§ 544Section 544Provision

Source excerpt

The application must include specified facts, claim details, exhibits, party names and addresses, and a statement by the plaintiff; it may be filed at the nearest court office.

544. The application must set out the facts on which it is based, the nature of the claim, the amount of the claim and interest and the conclusions sought, and include a list of the exhibits in support of the application. It must be supported by a statement by the plaintiff, which is deemed to be an affidavit, attesting that the facts alleged are true and that the amount claimed is due. The application must also state the plaintiff’s name and domicile or residence and, if applicable, those of the plaintiff’s mandatary, as well as the defendant’s name and domicile or last known place of residence. In addition, the application must specify whether the plaintiff might consider mediation. If the plaintiff is a legal person, a partnership or an association or another group not endowed with juridical personality, the plaintiff’s statement must attest that a maximum of 10 persons bound to it by an employment contract were under its direction or control at any time during the 12-month period preceding the application. The application may be filed with the office of the court nearest to the plaintiff’s domicile, residence or establishment. If applicable, the court clerk forwards it to the office of the court having territorial jurisdiction designated by the plaintiff. 2014, c. 1, a. 544.
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§ 545Section 545Provision

Source excerpt

The court clerk decides whether the application is admissible. If it is not, the plaintiff may ask the court to review the decision within 15 days after notification.

545. The application is presented to the court clerk, who determines whether it is admissible. If the application is admissible, the court record is opened. If the application is not admissible, the court clerk notifies a notice so informing the plaintiff and specifying that the latter may, within 15 days after the notification, ask for a review of the decision by the court, which decides the matter on the face of the record. If admissible, the application is filed with the court office and the exhibits or copies of the exhibits must be filed within 10 days after the application is filed. If originals of the exhibits are not filed within that time limit, they may be produced on the day of the trial. 2014, c. 1, a. 545; 2020, c. 29, s. 41.
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§ 546Section 546Provision

Source excerpt

The court clerk must notify the defendant of the application, options, and exhibits; the notice must follow the Minister of Justice’s model.

546. The court clerk notifies the application to the defendant together with a notice setting out the options available to the defendant, and the list of exhibits. The notice must be in keeping with the model established by the Minister of Justice; it states that if the defendant fails to indicate the option chosen to the court clerk within 20 days after the notification, judgment may be rendered against the defendant without further notice or extension. 2014, c. 1, a. 546.
Section 546Verify source
§ 547Section 547Provision

Source excerpt

Section 547 lists the defendant’s options: pay or settle and file proof, defend on the merits, and—if defending—seek mediation, transfer or dismissal, joinder of a third party, a counterclaim, contract termination remedies, or a tender and deposit.

547. The options available to the defendant are the following: (1) to pay the amount claimed and the costs borne by the plaintiff to the court office or pay them directly to the plaintiff and send the proof of payment or acquittance obtained from the plaintiff to the court office, or to reach a settlement with the plaintiff and send a document recording the settlement agreement to the court office; or (2) to defend on the merits and so inform the court office, specifying the grounds of defence, which may include prescription. In addition, a defendant who chooses to defend the application may (1) ask that the dispute be referred to mediation; (2) ask that the application be dismissed, that the case be referred to another judicial district or to another court or to the competent administrative tribunal, or that the case be tried by the same court but under the rules of Title I.1 of this Book, specifying the reasons for the request; (3) ask that a third person be forced to intervene as a co-defendant or an impleaded party, in order to assert a recourse in warranty against that person or allow full resolution of the dispute, in which case the defendant informs the court clerk of the person’s name and last known address; (4) assert the defendant’s own claim against the plaintiff, provided it arises from the same source as the application or from a related source and the amount claimed would make it admissible under this Title, or ask for the resolution, resiliation or annulment of the contract on which the application is founded; or (5) make a tender and deposit the amount tendered with the court office or with a trust company authorized under the Trust Companies and Savings Companies Act (chapter S-29.02). 2014, c. 1, a. 547; I.N. 2016-12-01; 2018, c. 23, s. 737; 2023, c. 3, s. 12.
Section 547Verify source
§ 548Section 548Provision

Source excerpt

The court clerk must take specific steps after payment, settlement, a referral request, or a tender, and must notify the plaintiff in some cases.

548. If the defendant has paid the plaintiff, the court clerk closes the record; if the parties have reached a settlement and one of the parties so requests, the court clerk homologates the settlement agreement as a judgment. If the defendant has asked for a referral of the case, the court clerk so informs the plaintiff, specifying that the plaintiff has 10 days after being so informed to make representations in writing. On the expiry of that time, the court clerk submits the request and any representations to the court, which decides the matter on the face of the record. If the court considers the request to be well-founded, the court clerk sends the record to the office of the court having jurisdiction. If the defendant has made a tender, the court clerk so informs the plaintiff. 2014, c. 1, a. 548.
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§ 549Section 549Provision

Source excerpt

If the defendant defends on the merits, the defendant must file the defence grounds and supporting exhibits with the court office within 10 days; if no defence grounds are given, the court clerk must direct the defendant to provide them within 10 days, and missing that step can lead to default for failure to defend.

549. If the defendant chooses to defend on the merits, the defendant specifies the grounds of defence and files the exhibits or copies of the exhibits in support of the contentions of the defence with the court office within 10 days after the defence. If originals of the exhibits are not filed within that time limit, they may be produced on the day of the trial. The court clerk notifies the defence to the plaintiff along with a list of the exhibits filed. If no grounds of defence are provided, the court clerk directs the defendant to make such grounds known within 10 days, specifying that failure to do so will result in the defendant being considered in default for failure to defend. 2014, c. 1, a. 549; 2020, c. 29, s. 42.
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§ 550Section 550Provision

Source excerpt

The defendant may assert a related claim up to $15,000 or ask for contract resolution, resiliation, or annulment, must file defence exhibits within 10 days after the application, and may seek court review within 15 days if the claim is found not admissible as a small claim.

550. The defendant, regardless of the number of employees in the defendant’s employ, may assert against the plaintiff the defendant’s own claim arising from the same source as the application or from a related source, provided the amount claimed does not exceed $15,000, or request the resolution, resiliation or annulment of the contract on which the application is founded. The defendant files the exhibits in support of the contentions of the defence with the court office within 10 days after filing the application. If the defendant’s own claim is not admissible as a small claim, the court clerk notifies a notice so informing the defendant and specifying that the defendant may, within 15 days after the notification, ask for a review of the decision by the court, which decides the matter on the face of the record. 2014, c. 1, a. 550; 2020, c. 29, s. 43.
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§ 551Section 551Provision

Source excerpt

If a defendant seeks the intervention of a third person, the defendant must explain the grounds to the court clerk and file supporting exhibits with the court office within 10 days of the application for intervention.

551. If the defendant is requiring the intervention of a third person, the defendant explains the grounds for the intervention to the court clerk and files the exhibits in support of the related contentions with the court office within 10 days of the application for intervention. The court clerk informs the plaintiff and notifies the application and the defence to the intervenor, specifying that the intervenor’s attendance is required on the defendant’s request. The court clerk also informs the intervenor, as if the latter were a defendant, of the options available and the applicable time limits. 2014, c. 1, a. 551; 2020, c. 29, s. 44.
Section 551Verify source
§ 552Section 552Provision

Source excerpt

If the defendant is in default for failure to defend, the special clerk renders judgment; the clerk may decide to hear the plaintiff’s evidence first.

552. If the defendant is in default for failure to defend, the special clerk renders judgment on the face of the application and the exhibits filed in the record or, if the special clerk considers it necessary, after hearing the plaintiff’s evidence. 2014, c. 1, a. 552.
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§ 553Section 553Provision

Source excerpt

A defendant sued under Book II may ask to have the case heard under this Title, if the defendant would qualify as a plaintiff under this Title.

553. A defendant being sued under Book II may request that the case be heard under this Title provided the defendant would qualify to act as plaintiff under this Title. The same request may be made when the application is based on a claim assigned to a third person in return for payment provided the defendant would qualify to act as plaintiff under this Title. The request is presented to the clerk of the court seized of the matter, at any time before the case is set down for trial and judgment. If the request is found to be admissible, the court clerk notifies the decision to the plaintiff and the latter may, within 15 days after the notification, ask for a review of the decision by the court seized of the application. In the absence of a review, the court clerk transfers the record so that the case may be continued under this Title. 2014, c. 1, a. 553.
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§ 554Section 554Provision

Source excerpt

The court clerk must send a hearing notice in time, and the notice tells parties how to handle exhibits, documents, witnesses, and affidavits before the hearing.

554. Once the case is ready, at least six weeks but not more than three months before the scheduled hearing date, the court clerk notifies a notice of the hearing to the plaintiff and to the other parties that have filed a defence. The notice of hearing mentions that a party may, on request, examine the exhibits and the documents filed with the court office by the other parties and obtain copies of them. It also informs the parties that any other document not yet filed must be filed at least 30 days before the scheduled hearing date, and that any person mandated to represent the plaintiff must file the mandate with the court office. The notice of hearing reminds the parties that they must bring their witnesses to the hearing, but that a witness’s testifying at court may be replaced by an affidavit. It also informs the parties that they must, at least 30 days before the scheduled hearing date, give the court clerk the names of any witnesses they wish to have called, specifying the reason they are called as witnesses and the subject matter of their testimony, and file the affidavits of any witnesses who will not be attending at court. As well, it warns the parties that, if the judge considers that a witness was needlessly called and required to attend at court, they may be ordered to pay the related legal costs. The court clerk notifies a subpoena to the witnesses named by the parties and informs them that they will not be compensated, unless the court decides otherwise. If the number of witnesses appears to be needlessly high, the court clerk may request instructions from the court. 2014, c. 1, a. 554; 2020, c. 29, s. 45.
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§ 555Section 555Provision

Source excerpt

If a party files a person’s affidavit at least 30 days before the scheduled hearing date, the court clerk must notify the other party. The other party may ask the clerk to call the affiant to attend court, if necessary, at least 15 days before that date.

555. If, at least 30 days before the scheduled hearing date, a party files with the court office a person’s affidavit as factual testimony or as testimony in lieu of an expert report, the court clerk notifies the affidavit to the other party. If it considers it necessary, the other party may request, at least 15 days before that date, the court clerk to call the affiant to attend at court. 2014, c. 1, a. 555; 2020, c. 29, s. 46.
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§ 556Section 556Provision

Source excerpt

556. The parties must favour mediation and arbitration to settle their dispute. To that end, the court clerk informs them at the earliest opportunity that they may, at no additional cost, submit their dispute to a certified mediator.

556. The parties must favour mediation and arbitration to settle their dispute. To that end, the court clerk informs them at the earliest opportunity that they may, at no additional cost, submit their dispute to a certified mediator. However, in the districts determined by the Minister and according to the terms and conditions prescribed by the Government in accordance with article 570, the court clerk submits the dispute to such mediation before the matter can be heard by the court. The mediator files a report with the court office on the mediation conducted. If the parties reach a settlement, they file with the court office either a notice that the case has been settled or the signed settlement agreement. A settlement agreement confirmed by the special clerk or the court is equivalent to a judgment. If the parties do not reach a settlement, the court clerk, in the districts determined by the Minister and according to the terms and conditions prescribed by the Government in accordance with article 570, offers them arbitration, at no additional cost, by a certified arbitrator. The arbitration award is public. The arbitrator sends it to the parties and files it with the court office. 2014, c. 1, a. 556; 2023, c. 3, s. 14; 2024, c. 7, s. 10.
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§ 557Section 557Provision

Source excerpt

When a hearing is needed, the court clerk must set a date and time if possible; the court may hold the hearing elsewhere. The clerk may grant a first postponement request made at least one month before the hearing, must notify the other party and hear their views, and must decide costs if the postponement is granted.

557. In all cases where a hearing is necessary, the court clerk, to the extent possible, sets a date and time for the hearing that will allow the parties and their witnesses to attend. The court may hold the hearing elsewhere than where the application was filed. The court clerk may postpone a case on a party’s request if it is the first request of the kind and it is made at least one month before the scheduled hearing date. The court clerk informs the other party without delay of the request and hears the other party’s representations. If the request is granted, the court clerk rules on the costs incurred by the latter party; the decision on costs may be revised by the court at the hearing on the merits. Any further request for a postponement must be submitted to the court for a decision. 2014, c. 1, a. 557.
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§ 558Section 558Provision

Source excerpt

A court may stay a hearing on a party’s request when the case is already before the Superior Court or the Court of Québec and involves the same juridical basis or issues of law, so long as the stay would not seriously prejudice the other party.

558. If the Superior Court or the Court of Québec is seized, pursuant to Book II, of an application that has the same juridical basis or raises the same issues of law as an application that is before the court under this Title, the court may stay the hearing on a party’s request, provided this cannot result in serious prejudice to the other party. The stay is maintained until the judgment on the other application has become final, although the court may revise its stay decision if warranted by new circumstances. 2014, c. 1, a. 558.
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§ 559Section 559Provision

Source excerpt

If a party is absent when a hearing is scheduled, the court may postpone the hearing or decide the case on the evidence presented.

559. If, at the time set for the hearing, a party or the parties are absent, the court may either postpone the hearing or render a judgment on the basis of the evidence offered. 2014, c. 1, a. 559.
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§ 560Section 560Provision

Source excerpt

560. At the hearing, the court instructs the parties summarily as to the applicable rules of evidence and the procedure it considers appropriate. At the invitation of the court, the parties state their contentions and produce their

560. At the hearing, the court instructs the parties summarily as to the applicable rules of evidence and the procedure it considers appropriate. At the invitation of the court, the parties state their contentions and produce their witnesses. The court itself examines the parties and the witnesses, and provides fair and impartial assistance to each of them so as to bring out the substantive law and ensure that it is carried out. The court may, on its own initiative, raise the exception resulting from prescription by allowing the parties to respond to it. The defendant or an intervenor may raise any grounds of defence and, if appropriate, propose terms of payment. The court may accept an expert’s oral testimony in lieu of an expert report; it may also accept the filing of any document, even though the prescribed filing time has expired. At the end of the hearing, the court identifies the witnesses to whom indemnities are payable under the tariffs in force. 2014, c. 1, a. 560; I.N. 2016-12-01; 2020, c. 29, s. 47.
Section 560Verify source
§ 561Section 561Provision

Source excerpt

If the parties settle after conciliation, the court clerk must record the settlement in minutes.

561. If, after conciliation, the parties reach a settlement, the court clerk draws up minutes in which the settlement agreement is recorded. Once signed by the parties and homologated by the court, the settlement agreement is equivalent to a judgment. 2014, c. 1, a. 561.
Section 561Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Civil Code

    Sections 409, 436, 442.1, 456.1, 457.1, 491, 513

G–M

1 instrument

  • Justice but cannot exceed those set in the tariff of fees established by the Government under the Act

    Section 542

N–S

3 instruments

  • Notaries Act

    Section 484

  • Public Curator Act

    Section 406

  • Québec. Any group of persons authorized by its constituting Act

    Section 489

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