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.

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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 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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

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Dates: Enacted 2014 · Source version 10 Jun 2026

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Section 561.1

The court may, with the parties’ consent, render judgment on the face of the record in a proceeding to recover a claim of no more than 15,000.

Section 561.1

Section 610

The mediator must treat the parties fairly and make sure each party can present its case. The mediator may suspend the mediation process at any time if it is in the parties’ interests.

Section 610

Section 660

Section 709

Section 759

A sale generally discharges real rights not included in the terms of sale, but several interests survive the sale.

Section 759

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

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Provisions 601–800

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Provision 188Substitution 3Amendment 3Commencement 3

§ 561.1Section 561.1Provision

Source excerpt

The court may, with the parties’ consent, render judgment on the face of the record in a proceeding to recover a claim of no more than 15,000.

561.1. At any stage of a proceeding pertaining to the recovery of a claim not exceeding 15,000, the court may, with the parties’ consent, render judgment on the face of the record. 2023, c. 3, s. 15.

Section 561.1Verify source

§ 562Section 562Provision

Source excerpt

When a judgment is signed, the court clerk must send each party a copy and give the debtor a notice warning about possible seizure and sale of assets if the claim is not settled in time.

562. As soon as the judgment is signed, the court clerk notifies a copy to each party, together with a notice to the debtor stating that since the judgment has been rendered against that person, failure to settle the outstanding claim within the time limits prescribed by this Code could result in the person’s assets, including income and investments, being seized and, if necessary, sold under judicial authority. The court clerk may issue a certified true copy of the judgment on request. 2014, c. 1, a. 562.

Section 562Verify source

§ 563Section 563Provision

Source excerpt

A judgment has res judicata effect only for the parties to the dispute and the amount claimed.

563. The judgment has the authority of res judicata only with respect to the parties to the dispute and for the amount claimed. It cannot be cited in an application between the same parties for the same cause before a different court. Any application or proof based on the judgment must be dismissed by the court on its own initiative or on a party’s request. 2014, c. 1, a. 563.

Section 563Verify source

§ 564Section 564Provision

Source excerpt

A judgment cannot be appealed, and a small-claim judgment or proceeding is not open to judicial review except for lack or excess of jurisdiction.

564. The judgment cannot be appealed. A judgment or proceeding relating to a small claim is not open to judicial review except on the grounds of lack or excess of jurisdiction. 2014, c. 1, a. 564.

Section 564Verify source

§ 565Section 565Provision

Source excerpt

565. The court may order a different time limit for the execution of a judgment than those prescribed by Book VIII and, for instance, authorize earlier execution of the judgment if the creditor establishes, in an affidavit, a fact that justifies a seizure before judgment. The court may also authorize the debtor to execute the judgment by means of instalments to be paid to the creditor in accordance with terms specified by the court. The debtor loses the benefit of the term on defaulting on an instalment and failing to remedy the default within 10 days. If the value of the property that is subject to execution proceedings exceeds $15,000, the court may order that the matter be transferred to the court that is competent to deal with claims in that amount, for continuation of the execution procedings. 2014, c. 1, a. 565.

Section 565Verify source

§ 566Section 566Provision

Source excerpt

The judgment creditor may draw up the notice of execution only when the sole execution measure is seizure of the debtor’s income held by a third person; the court clerk files it, administers the seizable income, and handles related incidental applications.

566. The judgment creditor may themselves draw up the notice of execution if the only execution measure is seizure of the debtor’s income in the hands of a third person. The notice is signed and filed in the court office by the court clerk then notified by the creditor to the debtor and the garnishee. It directs the garnishee to notify a declaration to the creditor and the court clerk and remit to the latter the seizable portion of what the garnishee owes to the debtor. The creditor notifies the declaration to the debtor. The ensuing administration of the seizable portion of the debtor’s income, including its receipt and distribution, is entrusted to the court clerk. If incidental applications are filed in relation to execution of the judgment, the court clerk informs without delay the parties and, if applicable, the bailiff, and calls the parties to a hearing on a specified date. The court clerk may assist the creditor in the execution of the judgment. 2014, c. 1, a. 566.

Section 566Verify source

§ 567Section 567Provision

Source excerpt

Judgment execution costs that may be claimed from the debtor are set out in the tariffs applicable under this Title.

567. The judgment execution costs that may be claimed from the debtor are set out in the tariffs applicable under this Title. 2014, c. 1, a. 567.

Section 567Verify source

§ 568Section 568Provision

Source excerpt

A revocation application must include an affidavit and be filed with the court office within strict time limits.

568. An application for revocation of the judgment must include an affidavit setting out the grounds on which the application is based and the revocation is sought, and be filed with the court office within 30 days after the party becomes aware of the judgment, but not more than six months after the date of the judgment, these being strict time limits. If, on the face of the record, the grounds appear sufficient, the court may stay forced execution of the judgment; the court clerk then summons the parties so that they may be heard on the application for revocation and, if applicable, on the merits of the dispute. 2014, c. 1, a. 568.

Section 568Verify source

§ 569Section 569Provision

Source excerpt

The court clerk cannot accept pleadings unless the filing fee is paid, but recipients of certain social assistance or social solidarity programs are exempt from paying it.

569. Pleadings cannot be accepted by the court clerk unless the filing fee prescribed under the applicable tariff of judicial fees is paid. However, a person who provides proof of being a recipient under a social assistance or social solidarity program established under the Individual and Family Assistance Act (chapter A-13.1.1) is exempted from paying the filing fee. If a pleading is refused, the amount paid to the court office is refunded. 2014, c. 1, a. 569.

Section 569Verify source

§ 570Section 570Provision

Source excerpt

570. The Government, by regulation, may establish (1) a tariff of court costs and fees for the filing or presentation of applications and pleadings under this Title and for the execution of judgments, as well as a tariff of professional fees payable to bailiffs by debtors; (1.1) rules specifying, notwithstanding the principles of Title I of Book I and of Book VII, the cases where mediation is mandatory and where arbitration is offered to the parties as well as the other terms and conditions applicable to mediation or arbitration including, in the latter case, those relating to the parties’ consent to resort to it; (1.2) which bodies, persons or associations may certify mediators or arbitrators, the conditions with which they must comply in order to do so, as well as the conditions mediators or arbitrators must satisfy to be certified; (2) a tariff of professional fees payable to certified mediators or arbitrators, and the maximum number of sessions for which a mediator or an arbitrator may be paid fees in relation to the same application; and (3) special rules and obligations with which certified mediators or arbitrators must comply in the exercise of their functions, as well as the sanctions applicable for non-compliance. Mediation cannot be mandatory where one of the parties files with the court office a certificate 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 or sexual violence on the part of the other party. That certificate is confidential. The Minister of Justice determines, by order published in the Gazette officielle du Québec, the districts in which mediation is mandatory and those in which arbitration is offered to the parties. 2014, c. 1, a. 570; 2023, c. 3, s. 16; 2024, c. 7, s. 11.

Section 570Verify source

§ 571Section 571Provision

Source excerpt

A class action lets a class member sue without a mandate for all class members and represent the class.

571. A class action is a procedural means enabling a person who is a member of a class of persons to sue, without a mandate, on behalf of all the members of the class and to represent the class. In addition to natural persons, legal persons established for a private interest, partnerships and associations or other groups not endowed with juridical personality may be members of the class. A legal person established for a private interest, a partnership or an association or another group not endowed with juridical personality may, even without being a member of a class, ask to represent the class if the director, partner or member designated by that entity is a member of the class on behalf of which the entity is seeking to institute a class action, and the designee’s interest is related to the purposes for which the entity was constituted. 2014, c. 1, a. 571.

Section 571Verify source

§ 572Section 572Provision

Source excerpt

When a class action authorization application is filed, the chief justice generally assigns a judge as special case management judge, but may decide otherwise. The chief justice may also assign a judge despite recusation grounds if judicial impartiality is not undermined.

572. As soon as an application for authorization to institute a class action is filed, the chief justice, unless the chief justice decides otherwise, assigns a judge as special case management judge to manage the proceeding and hear all procedural matters relating to the class action. The chief justice may assign a judge despite there being grounds for the judge’s recusation, provided the chief justice considers the situation, in the context of the case, does not undermine the impartiality of the judiciary. After considering the interests of the parties and of the class members, the chief justice may determine the district in which the application for authorization is to be heard or the class action instituted. 2014, c. 1, a. 572.

Section 572Verify source

§ 573Section 573Provision

Source excerpt

A central registry of class actions is kept at the Superior Court under the chief justice’s authority.

573. A central registry of class actions is kept at the Superior Court under the authority of the chief justice. Applications for authorization and originating applications, pleadings filed in the course of a proceeding and notices to class members, as well as any other documents specified in the chief justice’s instructions, are registered in the registry. 2014, c. 1, a. 573.

Section 573Verify source

§ 574Section 574Provision

Source excerpt

A person must get court authorization before starting a class action.

574. Prior authorization of the court is required for a person to institute a class action. The application for authorization must state the facts on which it is based and the nature of the class action, and describe the class on whose behalf the person intends to act. It must be served on the person against whom the person intends to institute the class action, with at least 30 days’ notice of the presentation date. An application for authorization may only be contested orally, and the court may allow relevant evidence to be submitted. 2014, c. 1, a. 574.

Section 574Verify source

§ 575Section 575Provision

Source excerpt

The court may authorize a class action and appoint a representative plaintiff if the listed conditions are met.

575. The court authorizes the class action and appoints the class member it designates as representative plaintiff if it is of the opinion that (1) the claims of the members of the class raise identical, similar or related issues of law or fact; (2) the facts alleged appear to justify the conclusions sought; (3) the composition of the class makes it difficult or impracticable to apply the rules for mandates to take part in judicial proceedings on behalf of others or for consolidation of proceedings; and (4) the class member appointed as representative plaintiff is in a position to properly represent the class members. 2014, c. 1, a. 575.

Section 575Verify source

§ 576Section 576Provision

Source excerpt

A class action judgment must describe the class, appoint the representative plaintiff, identify the issues and conclusions, describe subclasses, and determine the district and opt-out deadline. It must also order notice to class members, and it may require information to be made available to them.

576. The judgment authorizing a class action describes the class whose members will be bound by the class action judgment, appoints the representative plaintiff and identifies the main issues to be dealt with collectively and the conclusions sought in relation to those issues. It describes any subclasses created and determines the district in which the class action is to be instituted. The judgment orders the publication of a notice to class members; it may also order the representative plaintiff or a party to make information on the class action available to the class members, including by setting up a website. The judgment also determines the time limit for opting out of the class. The opting-out period cannot be shorter than 30 days or longer than six months after the date of the notice to class members. The time limit for opting out is a strict time limit, although a class member, with leave of the court, may opt out after its expiry on proving that it was impossible in fact for the class member to act sooner. 2014, c. 1, a. 576.

Section 576Verify source

§ 577Section 577Provision

Source excerpt

The court cannot refuse class action authorization only because the class is already part of a multi-jurisdictional class action outside Québec.

577. The court cannot refuse to authorize a class action on the sole ground that the class members are part of a multi-jurisdictional class action already under way outside Québec. If asked to decline jurisdiction, to stay an application for authorization to institute a class action or to stay a class action, the court is required to have regard for the protection of the rights and interests of Québec residents. If a multi-jurisdictional class action has been instituted outside Québec, the court, in order to protect the rights and interests of class members resident in Québec, may disallow the discontinuance of an application for authorization, or authorize another plaintiff or representative plaintiff to institute a class action involving the same subject matter and the same class if it is convinced that the class members’ interests would thus be better served. 2014, c. 1, a. 577; I.N. 2016-12-01.

Section 577Verify source

§ 578Section 578Provision

Source excerpt

Certain appeals about class action authorization are allowed only with leave, while a denial of authorization may be appealed as of right by the applicant.

578. A judgment authorizing a class action may be appealed only with leave of a judge of the Court of Appeal. A judgment denying authorization may be appealed as of right by the applicant or, with leave of a judge of the Court of Appeal, by a member of the class on whose behalf the application for authorization was filed. The appeal is heard and decided by preference. 2014, c. 1, a. 578.

Section 578Verify source

§ 579Section 579Provision

Source excerpt

When a class action is authorized, a notice must be published or notified to class members, and the court decides its publication details.

579. When a class action is authorized, a notice is published or notified to the class members (1) describing the class and any subclass; (2) setting out the principal issues to be dealt with collectively and the conclusions sought in relation to those issues; (3) stating the representative plaintiff’s name, the contact information of the representative plaintiff’s lawyer and the district in which the class action is to proceed; (4) stating that class members have the right to seek intervenor status in the class action; (5) stating that class members have the right to opt out of the class and specifying the procedure and time limit for doing so; (6) stating that no class member other than the representative plaintiff or an intervenor may be required to pay legal costs arising from the class action; and (7) providing any additional information the court considers useful, including the address of the website for the central registry of class actions. The court determines the date, form and method of publication of the notice, having regard to the nature of the class action, the composition of the class and the geographical location of its members. The notice identifies, by name or a description, any class members who are to receive individual notification. If the court sees fit, it may authorize the publication of an abbreviated notice. 2014, c. 1, a. 579.

Section 579Verify source

§ 580Section 580Provision

Source excerpt

A class member who wants to opt out must tell the court clerk before the opt-out deadline expires.

580. A class member who wishes to opt out of the class or a subclass is required to so inform the court clerk before the time limit for doing so has expired. A person who has opted out is not bound by any judgment on the representative plaintiff’s application. A class member who does not discontinue an originating application having the same subject matter as the class action before the time for opting out has expired is deemed to have opted out. 2014, c. 1, a. 580.

Section 580Verify source

§ 581Section 581Provision

Source excerpt

581. At any stage of a class action, the court may order a notice to be published or notified to the class members if it considers it necessary for the protection of their rights. The notice, which must describe the class and include the parties’ names, their lawyers’ contact information and the representative plaintiff’s name, must be clear and concise. 2014, c. 1, a. 581.

Section 581Verify source

§ 582Section 582Provision

Source excerpt

A notice of claim given by one class member is valid for all class members in the specified municipal-law setting.

582. In cases where the sending of a notice of claim is required by the Cities and Towns Act (chapter C-19), the Municipal Code of Québec (chapter C-27.1) or a municipal charter as a prior condition to the institution of an action, a notice of claim given by one class member is valid for all class members, and insufficiency of the notice cannot be urged against the representative plaintiff. 2014, c. 1, a. 582.

Section 582Verify source

§ 583Section 583Substitution

Source excerpt

A class action originating application must be filed with the court office within 3 months after authorization.

583. The originating application in a class action must be filed with the court office not later than three months after the class action is authorized, under pain of the authorization being declared lapsed. If an application for a declaration of lapse is filed, notice of the application, using the method of publication determined by the court, must be given to the class members at least 15 days before the date on which the application is to be presented. The representative plaintiff, or another class member asking to be substituted as representative plaintiff, may prevent the authorization from being declared lapsed by filing an originating application with the court office. 2014, c. 1, a. 583.

Section 583Verify source

§ 584Section 584Provision

Source excerpt

The defendant cannot raise certain preliminary exceptions against the representative plaintiff, and cannot seek splitting of the proceeding or bring a cross-application.

584. The defendant cannot urge a preliminary exception against the representative plaintiff unless it concerns a substantial number of the class members and pertains to an issue to be dealt with collectively. Nor may the defendant request a splitting of the proceeding or institute a cross-application. 2014, c. 1, a. 584.

Section 584Verify source

§ 585Section 585Amendment

Source excerpt

The representative plaintiff needs court authorization to amend or withdraw pleadings, discontinue the application, or renounce rights from a judgment.

585. The representative plaintiff must have the authorization of the court to amend a pleading, to discontinue the application, to withdraw a pleading or to renounce rights arising from a judgment. The court may impose any conditions it considers necessary to protect the rights of the class members. An admission by the representative plaintiff is binding on the class members unless the court considers that the admission causes them prejudice. 2014, c. 1, a. 585.

Section 585Verify source

§ 586Section 586Provision

Source excerpt

A class member may not intervene for the plaintiffs except to help the representative plaintiff or support that plaintiff’s application or arguments.

586. A class member cannot intervene voluntarily for the plaintiffs except to assist the representative plaintiff or to support the representative plaintiff’s application or contentions. The court authorizes an intervention if it is of the opinion that the intervention will be helpful to the class. The court may limit an intervenor’s right to file a pleading or participate in the trial. 2014, c. 1, a. 586.

Section 586Verify source

§ 587Section 587Provision

Source excerpt

A party must not subject most class members to pre-trial or medical examination, and must not examine a witness outside the court’s presence; the court may allow exceptions if needed for collective issues.

587. A party cannot subject a class member other than the representative plaintiff or an intervenor to a pre-trial examination or to a medical examination, nor may a party examine a witness outside the presence of the court. The court may make exceptions to these rules if it considers that doing so would be useful for its determination of the issues of law or fact to be dealt with collectively. 2014, c. 1, a. 587.

Section 587Verify source

§ 588Section 588Amendment

Source excerpt

The court may revise or annul an authorization judgment if the required conditions are no longer met.

588. The court may at any time, on the application of a party, revise or annul the authorization judgment if it considers that conditions relating to the issues of law or fact or to the composition of the class are no longer satisfied. If the court revises the authorization judgment, it may allow the representative plaintiff to amend the conclusions sought. In addition, if circumstances so require, the court may, even on its own initiative, modify or divide the class at any time. If the court annuls the authorization judgment, the proceeding continues between the parties before the competent court according to the procedure set out in Book II. 2014, c. 1, a. 588.

Section 588Verify source

§ 589Section 589Substitution

Source excerpt

The representative plaintiff keeps standing even if their personal claim ends, but cannot give up that role without court authorization.

589. The representative plaintiff is deemed to retain sufficient interest to act even if that person’s personal claim is extinguished. The representative plaintiff cannot waive the status of representative plaintiff without the authorization of the court, which cannot be given unless the court is able to appoint another class member as representative plaintiff. If the representative plaintiff is no longer in a position to properly represent the class members or if that person’s personal claim is extinguished, another class member may ask the court to be substituted as representative plaintiff or propose some other class member for that purpose. A substitute representative plaintiff continues the proceeding from the stage it has reached; with the authorization of the court, the substitute may refuse to confirm any prior acts if they have caused irreparable prejudice to the class members. The substitute is not liable for legal costs and other expenses in relation to any act prior to the substitution that the substitute has not confirmed, unless the court orders otherwise. 2014, c. 1, a. 589.

Section 589Verify source

§ 590Section 590Provision

Source excerpt

Court approval is required for a transaction, acceptance of a tender, or an acquiescence, and notice to class members must be given first.

590. A transaction, acceptance of a tender, or an acquiescence is valid only if approved by the court. Such approval cannot be given unless notice has been given to the class members. In the case of a transaction, the notice must state that the transaction will be submitted to the court for approval on the date and at the place indicated. It must specify the nature of the transaction, the method of execution chosen and the procedure to be followed by class members to prove their claim. The notice must also inform class members that they may assert their contentions before the court regarding the proposed transaction and the distribution of any remaining balance. The judgment approving the transaction determines, if necessary, the mechanics of its execution. 2014, c. 1, a. 590.

Section 590Verify source

§ 591Section 591Provision

Source excerpt

A class action judgment is binding on class members who did not opt out.

591. The judgment on a class action describes the class to which it applies, and is binding on all class members who have not opted out. Once the judgment has become final, the court of first instance orders the publication of a notice stating the substance of the judgment and notification of the notice to each known class member. 2014, c. 1, a. 591.

Section 591Verify source

§ 592Section 592Provision

Source excerpt

592. If the judgment awards damages or a monetary reimbursement, it specifies whether members’ claims are to be recovered collectively or individually. 2014, c. 1, a. 592.

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§ 593Section 593Provision

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The court may award the representative plaintiff an indemnity for disbursements and amounts for legal costs and the lawyer’s fee.

593. The court may award the representative plaintiff an indemnity for disbursements and an amount to cover legal costs and the lawyer’s professional fee. Both are payable out of the amount recovered collectively or before payment of individual claims. In the interests of the class members, the court assesses whether the fee charged by the representative plaintiff’s lawyer is reasonable; if the fee is not reasonable, the court may determine it. Regardless of whether the Class Action Assistance Fund provided assistance to the representative plaintiff, the court hears the Fund before ruling on the legal costs and the fee. The court considers whether or not the Fund guaranteed payment of all or any portion of the legal costs or the fee. 2014, c. 1, a. 593.

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§ 594Section 594Provision

Source excerpt

594. When an application for the homologation of a transaction or the recognition of a judgment in a foreign class action is made to the court, the court makes sure that the rules of the Civil Code that apply to the recognition and enforcement of foreign decisions have been complied with and that the notices given in Québec in connection with the class action were sufficient. As well, the court is required to make sure that the requirements that governed the exercise of the rights of Québec residents are equivalent to those imposed in class actions brought before a Québec court, that Québec residents may exercise their rights in Québec in accordance with the rules applicable in Québec and that, in the case of collective recovery of claims, the remittance of any remaining balance to a third person will be decided by it insofar as the Québec residents’ share is concerned. 2014, c. 1, a. 594.

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§ 595Section 595Provision

Source excerpt

The court may order collective recovery of class members’ claims when the evidence permits a sufficiently precise total amount to be determined.

595. The court orders collective recovery of the class members’ claims if the evidence allows a sufficiently precise determination of the total claim amount. The total claim amount is determined without regard to the identity of individual class members or the exact amount of their respective claims. After determining the total claim amount, the court may order that it be deposited in its entirety, or according to the terms it specifies, with a financial institution carrying on business in Québec; the interest on the amount deposited accrues to the class members. The court may reduce the total claim amount if it orders an additional form of reparation, or may order reparation appropriate to the circumstances instead of a monetary award. If execution measures prove necessary, instructions are given to the bailiff by the representative plaintiff. 2014, c. 1, a. 595.

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§ 596Section 596Provision

Source excerpt

A court order for collective recovery must provide for individual liquidation of class members’ claims or distribution of an amount to each class member.

596. A judgment that orders collective recovery makes provision for individual liquidation of the class members’ claims or for distribution of an amount to each class member. The court designates a person to carry out the operation, gives them the necessary instructions, including instructions as to proof and procedure, and determines their remuneration. The court disposes of any remaining balance in the same manner as when remitting an amount to a third person, having regard, among other things, to the members’ interests. If the judgment is against the State, the remaining balance is paid into the Access to Justice Fund. 2014, c. 1, a. 596.

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§ 597Section 597Provision

Source excerpt

If class members’ claims cannot be individually liquidated, or distributing an amount to each member is impracticable, inappropriate, or too costly, the court determines the remaining balance and can order it remitted to a designated third person.

597. If the individual liquidation of the class members’ claims or the distribution of an amount to each class member is impracticable, inappropriate or too costly, the court determines the balance remaining after the collocation of the costs, fee and disbursements and orders that the amount be remitted to a third person it designates. However, before remitting the amount to a third person, the court hears the representations of the parties, the Class Action Assistance Fund and any other person whose opinion the court considers useful. 2014, c. 1, a. 597.

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§ 598Section 598Provision

Source excerpt

598. The liquidation, distribution or remittance of the amount recovered collectively is effected after payment, in the following order, of (1) the legal costs, including the cost of notices and the remuneration of the person designated to carry out the liquidation or distribution; (2) the fee of the representative plaintiff’s lawyer, to the extent determined by the court; and (3) the representative plaintiff’s disbursements, to the extent determined by the court. 2014, c. 1, a. 598.

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§ 599Section 599Provision

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The judgment notice must explain what remains to be decided, what information and documents support an individual claim, and any other information the court determines. Class members must file their claim within one year after the notice is published.

599. A judgment ordering individual recovery specifies what issues remain to be decided in order to determine individual claims. It sets out the content of the judgment notice to class members, which must include explanations as to those issues and as to the information and documents to be provided in support of an individual claim and any other information determined by the court. Within one year after the publication of the notice, class members must file their claim with the office of the court in the district where the class action was heard or in any other district the court specifies. 2014, c. 1, a. 599.

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§ 600Section 600Provision

Source excerpt

The court must decide each class member’s claim or order the special clerk to do so, and it may set special proof and procedure methods for that purpose.

600. The court determines the claim of each class member or orders the special clerk to determine it according to the procedure it establishes. The court may determine special methods of proof and procedure for such purpose. 2014, c. 1, a. 600.

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§ 601Section 601Provision

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At trial of an individual claim, the defendant may raise a preliminary exception that was not previously permitted against the representative plaintiff.

601. At the trial of an individual claim, the defendant may urge against a claimant a preliminary exception that this Title did not earlier permit against the representative plaintiff. 2014, c. 1, a. 601.

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§ 602Section 602Substitution

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A class action judgment may be appealed as of right.

602. The judgment on a class action may be appealed as of right. If the representative plaintiff does not initiate an appeal or if the appeal is dismissed on the grounds that it was not properly initiated, a class member may, within two months after the publication or notification of the judgment notice, apply to the Court of Appeal for permission to be substituted as representative plaintiff in order to appeal the judgment. The time limit in this article is a strict time limit. 2014, c. 1, a. 602.

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§ 603Section 603Provision

Source excerpt

The appellant asks the court of first instance to determine the content of the notice to be given to class members.

603. The appellant asks the court of first instance to determine the content of the notice to be given to class members. 2014, c. 1, a. 603.

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§ 604Section 604Provision

Source excerpt

If the Court of Appeal grants the representative plaintiff’s appeal, even partly, it may order the record sent to the court of first instance for collective recovery of claims or for individual claims.

604. If the Court of Appeal grants the representative plaintiff’s appeal, even in part, it may order that the record be sent to the court of first instance for collective recovery of claims or for determination of individual claims. 2014, c. 1, a. 604.

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§ 605Section 605Provision

Source excerpt

The mediator is chosen by the parties’ mutual agreement, helps them work through the dispute, and must disclose any conflict of interest or possible appearance of bias.

605. A mediator is chosen, directly or through a third person, by mutual agreement of the parties. The mediator helps the parties to engage in dialogue, clarify their views, define the issues in dispute, identify their needs and interests, explore solutions and reach, if possible, a mutually satisfactory agreement. The parties may ask the mediator to develop with them a proposal to prevent or resolve the dispute. The mediator is required to draw the parties’ attention to any conflict of interest or any situation that may be seen to create a conflict of interest or that may cast doubt on the mediator’s impartiality. 2014, c. 1, a. 605.

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§ 606Section 606Provision

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606. The mediator and mediation participants cannot be compelled, in arbitration, administrative or judicial proceedings, whether related or unrelated to the dispute, to disclose anything they hear or learn in the course of the mediation process. Nor can the mediator and mediation participants be compelled to produce a document prepared or obtained in the course of the mediation process, unless the law requires its disclosure, a person’s life, safety or personal integrity is at stake or its disclosure is necessary for the mediator to be able to defend against a claim of professional fault. No information given or statement made in the course of the mediation process may be admitted in evidence in such proceedings. To claim the privilege of non-compellability, the mediator must be certified by a body recognized by the Minister of Justice. In addition, the mediator must be subject to rules of professional conduct and be required to take out civil liability insurance or provide some other form of security to cover injury to third persons. 2014, c. 1, a. 606; I.N. 2016-12-01.

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§ 607Section 607Provision

Source excerpt

No one has a right of access to a document in a mediation record, or to object to its use in mediation because it may contain personal information.

607. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one has a right of access to a document contained in the mediation record, or the right to object to the use of a document in the course of a mediation process on the grounds that it may contain personal information. 2014, c. 1, a. 607.

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§ 607.1Section 607.1Provision

Source excerpt

607.1. A court seized of a dispute on an issue on which the parties have entered into a mediation agreement may, on a party’s application, refer the parties back to mediation, unless the court finds the agreement to be null. The application for referral to mediation must be made within 45 days after service of the originating application. If mediation fails, the evidence exchanged between the parties may be filed in the court record by mutual agreement. 2023, c. 3, s. 17.

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§ 608Section 608Provision

Source excerpt

608. Mediation begins, without formality, on the day on which the parties agree to enter into a mediation process by mutual agreement or at the initiative of one of them. In the latter case, failure by the other party to respond

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§ 609Section 609Provision

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Before mediation starts, the mediator must explain the mediator’s role and duties and agree with the parties on the process rules and length.

609. Before starting the mediation process, the mediator informs the parties of a mediator’s role and duties, and determines with them the rules applicable to and the length of the mediation process. The parties must undertake to attend all meetings to which they are invited by the mediator. They may, if all consent, even tacitly, bring persons whose contribution may be useful for the orderly progress of the mediation process and helpful in resolving the dispute. The parties are required to ensure that the persons who have the authority to make a settlement agreement are present or that they can be reached in sufficient time to give their consent. 2014, c. 1, a. 609.

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§ 610Section 610Provision

Source excerpt

The mediator must treat the parties fairly and make sure each party can present its case. The mediator may suspend the mediation process at any time if it is in the parties’ interests.

610. The mediator has a duty to treat the parties fairly, and must see that each party has an opportunity to argue its case. The mediator may suspend the mediation process at any time, in the interests of the parties or of one of the parties. 2014, c. 1, a. 610.

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§ 611Section 611Provision

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A mediator may speak to each party separately, but must inform the parties if doing so. The mediator must not disclose information relevant to the mediation from one party to the other party without consent.

611. The mediator may communicate with each party separately, but in that case is required to inform the parties. No information relevant to the mediation received from a party may be disclosed by the mediator, without that party’s consent, to the other party. 2014, c. 1, a. 611.

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§ 612Section 612Provision

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If the parties enter mediation during an ongoing judicial application, they must agree to pause the proceeding if the law or the court allows it, until mediation ends.

612. If the parties enter into mediation while a judicial application is already in progress, they must agree to a stay of the proceeding, provided the law or the court seized permits it, until the end of the mediation process. 2014, c. 1, a. 612.

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§ 613Section 613Provision

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A settlement agreement contains the parties’ undertakings and ends the dispute; it is a transaction only if the subject matter and circumstances allow it and the parties’ wishes are clear. The mediator must ensure the parties understand the agreement.

613. A settlement agreement contains the undertakings of the parties and terminates the dispute. The settlement agreement constitutes a transaction only if the subject matter and the circumstances permit and the parties’ wishes in that respect are clear. The mediator must see that the parties understand the agreement. 2014, c. 1, a. 613.

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§ 614Section 614Provision

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A party may end mediation at any time on its own discretion without giving reasons; the mediator may also end mediation if the circumstances warrant it.

614. A party may withdraw from or put an end to the mediation process at any time at its own discretion and without being required to give reasons. The mediator, too, may put an end to the mediation process if, in the mediator’s opinion, it is warranted by the circumstances, in particular if the mediator is convinced that the mediation process is doomed to failure or is likely, if continued, to cause serious prejudice to one of the parties. 2014, c. 1, a. 614.

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§ 615Section 615Provision

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When mediation ends, the mediator must account to the parties for sums received and determine the costs.

615. As soon as the mediation process ends, the mediator renders an account to the parties of the sums received and determines the costs, which are borne equally by the parties, unless a different apportionment has been agreed, or has been ordered by the court if the mediation process took place in the course of a proceeding. The costs include the mediator’s fee, travel expenses and other disbursements, as well as any costs related to expert evidence or other interventions agreed by the parties. All other expenses incurred by a party are borne by that party. 2014, c. 1, a. 615.

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§ 616Section 616Provision

Source excerpt

Family disputes entered into privately or without a judicial application may only be mediated by a certified family mediator. If a child’s interests are at stake, the mediator must tell the parties they must attend a parenting and mediation information session.

616. Mediation of a family dispute that is entered into on a purely private basis or without a judicial application being brought may only be conducted by a family mediator certified in accordance with the regulations under article 619. If a child’s interests are at stake, the mediator is required to inform the parties that they must participate in a parenting and mediation information session as provided in article 417. 2014, c. 1, a. 616.

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§ 617Section 617Provision

Source excerpt

Mediation sessions are generally held with both parties and a mediator, or two mediators if the parties agree. In some cases, with agreement of all concerned, sessions may include only one party, the child concerned, or other non-expert, non-adviser persons whose help may aid resolution. The mediator may use readily available technological means if the circumstances require and the parties consent. When mediation ends, the mediator must file a dated, signed report with the Family Mediation Service and give the parties a copy.

617. Mediation sessions take place in the presence of both parties and a mediator or, if the parties so agree, two mediators. The sessions may also, if all agree, take place in the presence of a single party, in the presence of the child concerned or in the presence of other persons who are neither experts nor advisers if their contribution may be helpful in resolving the dispute. If required by the circumstances, the mediator may, with the parties’ consent, use any appropriate, readily available technological means. When the mediation process ends, the mediator files a dated and signed report with the Family Mediation Service, and delivers a copy to the parties. The report records the presence of the parties and the points, if any, on which an agreement was reached. It contains no other information. 2014, c. 1, a. 617.

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§ 618Section 618Provision

Source excerpt

If a mediator thinks a proposed settlement may cause future dispute or prejudice to a party or the children, the mediator must ask the parties to fix the problem and, if needed, consult a third person.

618. If the mediator considers that a proposed settlement agreement is likely to lead to a dispute in the future or cause prejudice to one of the parties or to the children, the mediator is required to invite the parties to remedy the situation and, if necessary, to seek advice from a third person. If convinced that the possibility of prejudice cannot be eliminated, the mediator may put an end to the mediation process. 2014, c. 1, a. 618.

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§ 619Section 619Provision

Source excerpt

619. The Government designates the persons, bodies or associations that may certify family mediators and, by regulation, determines the standards with which those persons, bodies or associations must comply. The Government, by regulation, may define the conditions mediators must satisfy to be certified and determine the standards with which certified mediators must comply in the exercise of their functions, as well as the sanctions applicable for non-compliance. The Government, by regulation, may also determine what services are payable by the Family Mediation Service, set the tariff of professional fees the Service may pay certified family mediators and determine the time limit and procedure for claiming such professional fees and the applicable terms of payment. In addition, it may determine the tariff of professional fees the parties may be charged for services not covered by the Family Mediation Service or for services provided by a mediator designated by the Service or by more than one mediator. The Minister of Justice, by order, determines the conditions subject to which technological means may be used by the Family Mediation Service, and specifies other services the Service may provide as well as the applicable conditions. 2014, c. 1, a. 619.

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§ 620Section 620Provision

Source excerpt

An arbitrator decides disputes under the contract and applicable usages, may act as amiable compositeur if the parties agree, and may try to reconcile the parties in specified circumstances.

620. Arbitration is the submission of a dispute to an arbitrator for a decision in accordance with the rules of law and, if appropriate, for a determination of damages. The arbitrator may act as amiable compositeur if the parties have so agreed. In all instances, the arbitrator decides the dispute in accordance with the stipulations of the contract between the parties and takes into account any applicable usages. The arbitrator’s mission also includes attempting to reconcile the parties, if they so request and circumstances permit, and continuing the arbitration process, with the parties’ express consent, if the conciliation attempt fails. 2014, c. 1, a. 620.

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§ 621Section 621Provision

Source excerpt

Arbitrators cannot be prosecuted for acts done in their arbitration mission, except where bad faith, intentional fault, or gross fault is alleged.

621. Arbitrators cannot be prosecuted for an act performed in the course of their arbitration mission, unless they acted in bad faith or committed an intentional or gross fault. 2014, c. 1, a. 621.

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§ 622Section 622Commencement

Source excerpt

Disputes covered by an arbitration agreement generally cannot go to court; the court must send the parties back to arbitration if a party asks, unless the agreement is null.

622. Unless otherwise provided by law, the issues on which the parties have an arbitration agreement cannot be brought before a court even though it would have jurisdiction to decide the subject matter of the dispute. A court seized of a dispute on such an issue is required, on a party’s application, to refer the parties back to arbitration, unless the court finds the arbitration agreement to be null. The application for referral to arbitration must be made within 45 days after service of the originating application or within 90 days when the dispute involves a foreign element. Arbitration proceedings may be commenced or continued and an award made for so long as the court has not made its ruling. The parties cannot, through their agreement, depart from the provisions of this Title that determine the jurisdiction of the court or from those relating to the application of the adversarial principle or the principle of proportionality, to the right to receive notification of a document or to the homologation or the annulment of an arbitration award. 2014, c. 1, a. 622; 2023, c. 3, s. 18.

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§ 623Section 623Provision

Source excerpt

On application, the court may grant provisional measures or safeguard orders before or during arbitration proceedings.

623. The court, on an application, may grant provisional measures or safeguard orders before or during arbitration proceedings. 2014, c. 1, a. 623.

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§ 624Section 624Provision

Source excerpt

The parties must appoint an arbitrator to decide their dispute, unless they ask a third person to make the appointment.

624. The parties appoint an arbitrator to decide their dispute. They do so by mutual agreement, unless they ask a third person to make the appointment. The parties may choose to appoint a panel of arbitrators, in which case each party appoints one arbitrator, and the two so appointed appoint the third. If an arbitrator must be replaced, the procedure for the appointment of an arbitrator applies. 2014, c. 1, a. 624.

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§ 625Section 625Provision

Source excerpt

If appointing an arbitrator is difficult, the court may intervene and make or help make the appointment, on a party’s request in some cases.

625. If the appointment of an arbitrator proves difficult, the court, on a party’s request, may take any necessary measure to see to the appointment. For example, if a party fails to appoint an arbitrator within 30 days after having been required by another party to do so, the court may make the appointment. As well, the court may appoint an arbitrator if, 30 days after two arbitrators are appointed, they cannot agree on the choice of the third arbitrator. 2014, c. 1, a. 625.

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§ 626Section 626Provision

Source excerpt

An arbitrator may be recused for serious doubts about impartiality or if they lack the qualifications agreed by the parties.

626. An arbitrator may be recused if there is serious reason to question their impartiality or if the arbitrator does not have the qualifications agreed by the parties. An arbitrator is required to declare to the parties any fact that could cast doubt on the arbitrator’s impartiality and justify a recusation. 2014, c. 1, a. 626.

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§ 627Section 627Provision

Source excerpt

A party may ask for an arbitrator’s recusation by giving reasons in a document to the other party and the arbitrator, usually within 15 days.

627. A party may ask for an arbitrator’s recusation by notifying a document stating its reasons to the other party, to the arbitrator concerned and, if applicable, to the other arbitrators, within 15 days after becoming aware of the appointment or appointments or of the cause for recusation. A party may only ask for the recusation of an arbitrator it appointed for a cause which arose or was discovered after the appointment was made. The arbitrator or arbitrators are required to rule on the recusation request without delay, unless the arbitrator concerned withdraws or, the other party supporting the request, is compelled to withdraw. If the recusation cannot be so obtained, a party may, within 30 days after being advised of it, ask the court to rule on the recusation. The arbitrator concerned and, if there are more than one, the other arbitrators, may nonetheless continue the arbitration proceedings and make an award for so long as the court has not made its ruling. 2014, c. 1, a. 627.

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§ 628Section 628Provision

Source excerpt

A party may ask the court to revoke an arbitrator if the arbitrator cannot carry out the mission or does not perform the functions within a reasonable time.

628. A party may ask the court to revoke an arbitrator if it is impossible for the arbitrator to carry out their mission or if the arbitrator does not discharge their functions within a reasonable time. 2014, c. 1, a. 628.

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§ 629Section 629Provision

Source excerpt

If the arbitration-agreement procedure for recusal or removal of an arbitrator is hard to carry out, the court may decide the matter on a party’s request.

629. If the procedure provided for in the arbitration agreement for the recusation or revocation of an arbitrator proves difficult to implement, the court may, on a party’s request, rule on the matter. 2014, c. 1, a. 629.

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§ 630Section 630Provision

Source excerpt

Court decisions on appointment, recusation, or revocation cannot be appealed.

630. Decisions of the court on appointment, recusation or revocation cannot be appealed. 2014, c. 1, a. 630.

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§ 631Section 631Commencement

Source excerpt

Arbitration proceedings start when one party notifies the other with a notice saying the dispute is being submitted to arbitration and identifying the dispute’s subject matter.

631. Arbitration proceedings commence on the date of notification of one party to the other of a notice stating that it is submitting a dispute to arbitration and specifying the subject matter of the dispute. The notice, like any other document that is required to be notified, is notified in accordance with this Code. 2014, c. 1, a. 631.

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§ 632Section 632Provision

Source excerpt

Arbitrators may run the arbitration using the procedure they choose, but must ensure the adversarial principle and proportionality are respected.

632. Arbitrators conduct the arbitration according to the procedure they determine; they are required, however, to see that the adversarial principle and the principle of proportionality are observed. Arbitrators have all the necessary powers to exercise their jurisdiction, including the power to administer oaths, the power to appoint an expert and the power to rule on their own jurisdiction. If an arbitrator rules on the arbitrator’s own jurisdiction, a party, within 30 days after being advised of the decision, may ask the court to rule on the matter. A decision of the court recognizing the jurisdiction of the arbitrator cannot be appealed. For so long as the court has not made its ruling, the arbitrator may continue the arbitration proceedings and make an award. 2014, c. 1, a. 632.

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§ 633Section 633Provision

Source excerpt

Arbitration proceedings are normally oral at a hearing, unless the parties agree to decide the matter on the record. A party may also submit its case in writing.

633. Arbitration proceedings are conducted orally, at a hearing, unless the parties agree on the matter being decided on the face of the record. In either case, a party may state its case in writing. The arbitrator may require each party to send the arbitrator, within a specified time, a statement of its contentions and any exhibits mentioned, and to send them to the other party, if not already done. Any expert reports and other documents on which the arbitrator may base the arbitration award must also be sent to the parties. The arbitrator advises the parties of the date of the hearing and, if applicable, of the date on which the arbitrator will inspect the property or visit the premises. Witnesses are called, heard and indemnified according to the rules applicable to a trial before a court. 2014, c. 1, a. 633; I.N. 2016-12-01.

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§ 634Section 634Provision

Source excerpt

The arbitrator, or a party with the arbitrator’s leave, may ask the court for help to obtain evidence.

634. The arbitrator, or a party with leave of the arbitrator, may request the assistance of the court to obtain evidence, including to compel a witness who refuses, without valid reason, to attend, answer or produce real evidence in their possession. 2014, c. 1, a. 634.

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§ 635Section 635Provision

Source excerpt

If a party defaults by not stating its contentions, attending the hearing, or presenting evidence, the arbitrator may continue the arbitration after recording the default.

635. If a party fails to state its contentions, attend at the hearing or present evidence in support of its contentions, the arbitrator, after recording the default, may continue the arbitration. However, if the party that submitted the dispute to arbitration fails to state its contentions, the arbitration is ended unless the other party objects. 2014, c. 1, a. 635.

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§ 636Section 636Provision

Source excerpt

Arbitration decisions must be made immediately or as soon as possible, and written decisions and the arbitration award must be signed.

636. Decisions during arbitration proceedings are made immediately or, if they cannot be made immediately, as soon as possible; if they are in writing, they must be signed, as must the arbitration award. If more than one arbitrator has been appointed, decisions are made by a majority of the panel. However, an arbitrator may rule alone on a question of procedure if so authorized by the parties or by all the other arbitrators. 2014, c. 1, a. 636.

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§ 637Section 637Provision

Source excerpt

The parties are equally liable for the arbitrator’s professional fee and expenses, unless they agree otherwise or the arbitrator decides otherwise.

637. The parties, subject to their agreement or unless the arbitrator decides otherwise, are equally liable for the arbitrator’s professional fee and expenses. 2014, c. 1, a. 637.

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§ 638Section 638Provision

Source excerpt

An arbitrator may order provisional measures or other measures to protect the parties’ rights when a party requests it, and may require suretyship if needed.

638. The arbitrator may, on a party’s request, take any provisional measure or any measure to safeguard the parties’ rights for the time and subject to the conditions the arbitrator determines and, if necessary, require that a suretyship be provided to cover costs and the reparation of any prejudice that may result from such a measure. Such a decision is binding on the parties but one of them may, if necessary, ask the court to homologate the decision to give it the same force and effect as a judgment of the court. 2014, c. 1, a. 638.

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§ 639Section 639Provision

Source excerpt

In an urgent situation, an arbitrator may issue a provisional order for up to 20 days; the requesting party may have to provide suretyship, and the order must be notified promptly with evidence and cannot be homologated by the court.

639. In an urgent situation, even before a request for a provisional or safeguard measure is notified to the other party, the arbitrator may issue a provisional order for a period which may in no case exceed 20 days. The arbitrator requires the party that requested the order to provide a suretyship unless, in the arbitrator’s opinion, it is inappropriate or of no use. The provisional order must be notified to the other party as soon as it is issued, with all the evidence attached. It is binding on the parties and cannot be homologated by the court. 2014, c. 1, a. 639.

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§ 640Section 640Amendment

Source excerpt

Parties must promptly tell the arbitrator about any material change in the circumstances underlying a provisional or safeguard measure or provisional order. The arbitrator may change, suspend, or revoke such a measure or order, usually on request and, in exceptional cases, on the arbitrator’s own initiative after inviting the parties to make representations.

640. The parties must disclose to the arbitrator without delay any material change in the circumstances based on which a provisional or safeguard measure or a provisional order was requested or granted. The arbitrator may amend, stay or revoke a provisional or safeguard measure or a provisional order on the parties’ request. In exceptional circumstances, the arbitrator may do so on the arbitrator’s own initiative but must, in compliance with the adversarial principle, invite the parties to make representations. 2014, c. 1, a. 640.

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§ 641Section 641Provision

Source excerpt

If an arbitrator later decides a provisional or safeguard measure, or a provisional order, should not have been granted, the party that obtained it may be required to make reparation and reimburse the other party’s costs.

641. If the arbitrator subsequently decides that a provisional or safeguard measure or a provisional order should not have been granted, the party that obtained the measure or order may be required to provide reparation for any prejudice caused to another party by the measure or order and to reimburse the costs incurred by that other party. The arbitrator may award such reparation and costs at any time during the arbitration proceedings. 2014, c. 1, a. 641.

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§ 642Section 642Provision

Source excerpt

An arbitration award must be written, signed, reasoned, dated, state the place made, and be notified to each party without delay.

642. The arbitration award is binding on the parties. It must be made in writing and be signed by the arbitrator or arbitrators, and include reasons. It must state its date and the place where it was made. The award is deemed to have been made on that date and at that place. In arbitration proceedings with more than one arbitrator, the arbitration award must be made by a majority of the panel. If one of the arbitrators refuses or is unable to sign the award, the others record that fact, and the award has the same effect as if it were signed by all of them. The arbitration award must be made within three months after the matter is taken under advisement, but the parties may, more than once, agree to extend the time limit or, if it is expired, set a new one. In the absence of an agreement, the court may do as much, on a party’s or the arbitrator’s request. The decision of the court cannot be appealed. If the parties settle the dispute, the agreement is recorded in an arbitration award. The arbitration award is notified without delay to each party. 2014, c. 1, a. 642.

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§ 643Section 643Interpretation

Source excerpt

This section lets an arbitrator correct certain award errors, lets a party request correction, supplementation, or interpretation within 30 days, and lets a party ask the court for a safeguard order if the decision is late.

643. The arbitrator, on their own initiative, may correct any error in writing or calculation or any other clerical error in the arbitration award within 30 days after the award date. Within 30 days after receiving the award, a party may ask the arbitrator to correct any clerical error or ask for a supplemental award on a part of the dispute that was not dealt with in the award or, with the other party’s consent, for an interpretation of a specific passage of the award, in which case the interpretation forms an integral part of the award. The decision correcting, supplementing or interpreting the arbitration award must be made within two months after it is requested. The rules applicable to the arbitration award apply to such a decision. If the decision is not rendered before the expiry of the prescribed time, a party may ask the court to issue an order to safeguard the parties’ rights. The decision of the court cannot be appealed. 2014, c. 1, a. 643; I.N. 2016-12-01.

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§ 644Section 644Provision

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The arbitrator must preserve confidentiality and deliberative secrecy in the arbitration process, but may state conclusions and reasons in the award without breaching those duties.

644. The arbitrator is required to preserve the confidentiality of the arbitration process and protect deliberative secrecy but violates neither by stating conclusions and reasons in the award. 2014, c. 1, a. 644.

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§ 645Section 645Provision

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A party may ask the court to homologate an arbitration award, and once homologated the award has the force and effect of a court judgment.

645. A party may apply to the court for the homologation of an arbitration award. As soon as it is homologated, the award acquires the force and effect of a judgment of the court. The court seized of an application for the homologation of an arbitration award cannot review the merits of the dispute. It may stay its decision if the arbitrator has been asked to correct, supplement or interpret the award. In such a case, if the applicant so requires, the court may order a party to provide a suretyship. 2014, c. 1, a. 645.

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§ 646Section 646Provision

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The court must not refuse to homologate an arbitration award or certain interim measures except on specified grounds.

646. The court cannot refuse to homologate an arbitration award or a provisional or safeguard measure unless it is proved that (1) one of the parties did not have the capacity to enter into the arbitration agreement; (2) the arbitration agreement is invalid under the law chosen by the parties or, failing any indication in that regard, under Québec law; (3) the procedure for the appointment of an arbitrator or the applicable arbitration procedure was not observed; (4) the party against which the award or measure is invoked was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings, or it was for another reason impossible for that party to present its case; or (5) the award pertains to a dispute not referred to in or covered by the arbitration agreement, or contains a conclusion on matters beyond the scope of the agreement, in which case only the irregular provision is not homologated if it can be dissociated from the rest. The court cannot refuse to homologate the arbitration award on its own initiative unless it notes that the subject matter of the dispute is not one that may be settled by arbitration in Québec or that the award or measure is contrary to public order. 2014, c. 1, a. 646.

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§ 647Section 647Provision

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A court hearing an application to homologate a provisional or safeguard measure may refuse it, or order the applicant to provide suretyship, in specified circumstances.

647. The court seized of an application for the homologation of a provisional or safeguard measure may deny the application if the arbitrator’s decision to require a suretyship has not been complied with or the measure has been revoked or stayed by the arbitrator. The court may order the applicant to provide a suretyship if the arbitrator has not already ruled on that subject or if such a decision is necessary to protect the rights of third persons. 2014, c. 1, a. 647.

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§ 648Section 648Interpretation

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An arbitration award may only be challenged by an application for annulment, and that application must be filed within three months in the stated circumstances.

648. An arbitration award may only be challenged by way of an application for its annulment. Such an application is subject to the same rules as those governing an application for the homologation of an arbitration award, with the necessary modifications. Whether it constitutes an originating application or is presented to contest an application for homologation, the application for annulment must be presented within three months after receipt of the arbitration award or of the decision on the request for a correction, a supplemental award or an interpretation. This is a strict time limit. The court, on request, may stay the application for annulment for the time it considers necessary to allow the arbitrator to take such action as will eliminate the grounds for annulment, even if the time prescribed for correcting, supplementing or interpreting the award has expired. 2014, c. 1, a. 648; I.N. 2016-12-01.

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§ 649Section 649Provision

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If international trade interests are involved in arbitration proceedings, interpreters may consider the UNCITRAL Model Law on International Commercial Arbitration and related documents when interpreting this Title.

649. If international trade interests, including interprovincial trade interests, are involved in arbitration proceedings, consideration may be given, in interpreting this Title, to the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985, and its amendments. Recourse may also be had to documents related to that Model Law, including (1) the Report of the United Nations Commission on International Trade Law on its eighteenth session held in Vienna from 3 to 21 June 1985; and (2) the Analytical Commentary on the draft text of a model law on international commercial arbitration contained in the report of the Secretary-General to the eighteenth session of the United Nations Commission on International Trade Law. 2014, c. 1, a. 649.

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§ 650Section 650Provision

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650. International trade interests are considered to be involved in arbitration proceedings if, among other possibilities, the parties to the arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States or if the place where they choose to conduct the arbitration is outside the State in which they have their places of business. Such interests are also considered to be involved in arbitration proceedings if the place where a substantial part of the obligations of the commercial relationship is to be performed, or the place with which the subject matter of the dispute is most closely connected, is outside the State in which they have their places of business, or if the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one State. 2014, c. 1, a. 650.

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§ 651Section 651Provision

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The arbitrator must decide the dispute using the parties’ chosen rules of law, or if none were chosen, rules of law the arbitrator considers appropriate.

651. The arbitrator decides the dispute in accordance with the rules of law chosen by the parties or, failing any such designation, in accordance with the rules of law the arbitrator considers appropriate. 2014, c. 1, a. 651.

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§ 652Section 652Provision

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Outside-Québec arbitration awards, and also provisional or safeguard measures, may be recognized and treated like a court judgment if the dispute could be arbitrated in Québec and enforcement is not contrary to public order.

652. An arbitration award made outside Québec, whether or not confirmed by a competent authority, may be recognized and declared to have the same force and effect as a judgment of the court if the subject matter of the dispute is one which could be submitted to arbitration in Québec and if recognition and enforcement of the award are not contrary to public order. The same applies for a provisional or safeguard measure. The application for recognition and enforcement must be accompanied by the arbitration award or measure concerned and the arbitration agreement and by a translation certified in Québec of those documents if they are drawn up in a language other than French or English. The translation must be in French if the party presenting the application is a legal person. Consideration may be given, in interpreting the rules in this matter, to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration at New York on 10 June 1958. 2014, c. 1, a. 652; 2022, c. 14, s. 145.

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§ 653Section 653Provision

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The court may not review the merits of the dispute when deciding recognition and enforcement of an arbitration award or provisional/safeguard measure, and the opposing party can resist enforcement only by proving one of the listed grounds.

653. The court examining an application for recognition and enforcement of an arbitration award or a provisional or safeguard measure cannot review the merits of the dispute. A party against which an award or a measure is invoked cannot oppose its recognition and enforcement unless the party proves that (1) one of the parties did not have the capacity to enter into the arbitration agreement; (2) the arbitration agreement is invalid under the law chosen by the parties or, failing any indication in that regard, under the law of the place where the award was made or the measure decided; (3) the procedure for the appointment of an arbitrator or the arbitration procedure was not in accordance with the arbitration agreement or, failing such an agreement, with the law of the place where the arbitration proceedings were held; (4) the party against which the award or the measure is invoked was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings, or it was for another reason impossible for that party to present its case; (5) the award pertains to a dispute not referred to in or covered by the arbitration agreement, or contains a conclusion on matters beyond the scope of the agreement, in which case only the irregular provision is not recognized and declared enforceable if it can be dissociated from the rest; or (6) the award or measure has not yet become binding on the parties or has been annulled or stayed by a competent authority of the place where or under whose law the arbitration award was made or the measure decided. The court may also deny an application for recognition and enforcement of a provisional or safeguard measure if the arbitrator’s decision to require a suretyship was not complied with, if the measure was revoked or stayed by the arbitrator or if the measure is incompatible with the powers conferred on the court unless, in the latter case, the court decides to reformulate the provisional measure to adapt it to its own powers and procedures without modifying its substance. 2014, c. 1, a. 653.

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§ 654Section 654Provision

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The court may stay its decision on recognition and enforcement of an arbitration award while an annulment or suspension application is pending, and may order a suretyship on request if it does so.

654. The court may stay its decision in respect of the recognition and enforcement of an arbitration award if an application for the annulment or suspension of the award is pending before the competent authority of the place where or under whose law the arbitration award was made. If the court stays its decision, it may, on the request of the party applying for recognition and enforcement of the award, order the other party to provide a suretyship. 2014, c. 1, a. 654.

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§ 655Section 655Provision

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The court may order the applicant for recognition and enforcement of a provisional or safeguard measure to provide suretyship in specified cases.

655. The court may order the party applying for recognition and enforcement of a provisional or safeguard measure to provide a suretyship if the arbitrator has not already ruled on that subject or if such a decision is necessary to protect the rights of third persons. 2014, c. 1, a. 655.

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§ 656Section 656Provision

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Judgments and similar acts are normally carried out voluntarily by payment, surrender of property, or doing what the judgment orders; forced execution is allowed only if the debtor does not comply and the judgment is final, with special waiting periods for certain judgments.

656. Judgments, including decisions of an administrative tribunal or a public body filed with the court office and juridical acts on which the law confers the force and effect of a judgment, are executed voluntarily by the payment of money, the surrender of property or the performance of what is ordered, either before the expiry of the time limits prescribed by law or within the time limit set out in the judgment or agreed between the parties. Execution may be forced if the debtor refuses to comply voluntarily and the judgment has become final. However, in the case of a judgment under Title II of Book VI, execution may be forced only after the expiry of 30 days since it was rendered or, in the case of a default judgment following failure to answer the summons, attend a case management conference or defend on the merits, after the expiry of 10 days since it was rendered. A judgment that has yet to become final may be executed if provisional execution is permitted by law or ordered by the court. 2014, c. 1, a. 656.

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§ 657Section 657Provision

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After judgment, the court may make any order to help execute the judgment, whether the execution is forced or voluntary.

657. After the judgment, the court may issue any order to facilitate execution, whether forced or voluntary, in the manner that is most advantageous for the parties and most consistent with their interests. 2014, c. 1, a. 657.

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§ 658Section 658Provision

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658. Acts necessary for the purpose of executing a judgment are performed by a court bailiff acting as court officer under the authority of the court. The bailiff may, in the course of executing a judgment, ask the court for any

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§ 659Section 659Provision

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Applications, contestations, and oppositions relating to execution are treated like applications in a proceeding, heard and decided without delay, and generally filed in the district of the court that rendered the judgment.

659. Any application, contestation or opposition with respect to execution is presented as if it were an application in the course of a proceeding. It is heard and decided without delay. It is presented without formality if the judgment was rendered under Title II of Book VI. In such a case, the rules of representation applicable under that Title also apply with respect to execution. The application, contestation or opposition is presented in the district of the court that rendered the judgment. However, a bailiff applying for an authorization or presenting any other incidental application to the court or to the court clerk may do so in the district of the place where the execution proceedings are to be carried out. When execution proceedings concern two or more judgments, the application, contestation or opposition is presented before the court that rendered the judgment which gave rise to the initial notice of execution, but if the judgments were rendered at different jurisdictional levels, it is presented before the Court of Québec or, if the execution proceedings concern a judgment of the Superior Court, before the Superior Court. 2014, c. 1, a. 659.

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§ 660Section 660Provision

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660. A judgment is provisionally executed as of right, if it (1) concerns support payments or a support provision, determines arrangements regarding the custody of children or adjudicates on parental authority; (2) orders a child’s return under the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01); (3) appoints, removes or replaces a tutor, temporary representative or other administrator of the property of others, or homologates or revokes a protection mandate; (4) orders urgent repairs; (5) orders an eviction in the absence of a lease or after the lease has expired or been resiliated or cancelled; (6) orders a rendering of account or an inventory; (7) orders any measure for the liquidation of a succession; (8) adjudicates on the possession of property; (9) adjudicates on the sequestration of property; (10) adjudicates on an abuse of procedure; (11) orders a provision for costs; or (12) rules on legal costs, but only with respect to the portion not exceeding $15,000. The judge may order the stay of provisional execution by a decision giving reasons. A judge of the Court of Appeal may also do so, or may lift a stay ordered by the judge of first instance. 2014, c. 1, a. 660; I.N. 2016-12-01; 2020, c. 11, s. 115.

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§ 661Section 661Provision

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A judge may order provisional execution if an appeal would likely cause serious or irreparable prejudice, and may make it conditional on a surety. A Court of Appeal judge may stay or lift provisional execution, or require a suretyship from a party previously exempted.

661. If bringing an appeal is likely to cause serious or irreparable prejudice to one of the parties, the judge may, on an application, order provisional execution, even for part only of the judgment. The judge may also make provisional execution conditional on a surety being furnished. If provisional execution is not ordered by the judgment itself, it cannot be ordered subsequently except on appeal, with or without a surety. A judge of the Court of Appeal may also stay or lift provisional execution if it has been ordered, or order that a suretyship be provided by a party that was exempted from doing so by the court of first instance. 2014, c. 1, a. 661.

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§ 662Section 662Provision

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A party ordered by judgment to pay money must pay within the time limit and in the manner set by the judgment or agreed by the parties.

662. A judgment ordering a party to pay a sum of money is executed voluntarily by payment of the sum within the time limit and in the manner determined by the judgment or agreed between the parties. 2014, c. 1, a. 662.

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§ 663Section 663Provision

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A debtor may pay a judgment in instalments, but the agreement must be approved by the creditor and the instalments cannot run for more than one year.

663. Payment in instalments is a manner of execution by which the debtor gives an undertaking to the executing bailiff to make regular payments for the benefit of the creditor in satisfaction of the judgment. The amounts, due dates and other terms of payment are set out in an agreement, which must be approved by the creditor. The instalments cannot be spread over more than one year. The debtor may, at any time, waive the benefit of paying in instalments by discharging the balance. The instalment payment agreement, whether made before or after the filing of the notice of execution, is filed with the court office, in the record concerned, as is any waiver of that method of payment or any notice stating that the debtor has lost the benefit of the term. The agreement ends without notice as soon as another creditor seeks execution of a judgment rendered in their favour. 2014, c. 1, a. 663.

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§ 664Section 664Provision

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664. Voluntary deposit is a manner of execution by which the debtor undertakes by means of a declaration, which is deemed sworn, to make regular payments to the office of the Court of Québec, in an amount which cannot be less than the seizable portion of their income, and to declare any change in their situation to the court clerk. The declaration is registered with the court office. In addition to the debtor’s contact information and statement as to income, family responsibilities and creditors, it contains a determination of the amount payable and the terms of payment, and specifies the supporting documents the debtor must provide. The debtor must inform the court office of any change in the information contained in the debtor’s declaration within 10 days after the change occurs. The debtor must also update the information yearly. 2014, c. 1, a. 664.

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§ 665Section 665Provision

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A debtor is exempt from seizure while the voluntary deposit undertaking is complied with.

665. A debtor is exempt from seizure so long as the voluntary deposit undertaking is complied with: creditors can neither seize the debtor’s property nor sue the debtor. Prescription of their right of action against the debtor is suspended. In the event of failure to comply with the voluntary deposit undertaking, the debtor has 30 days to remedy the situation counting from notification of a notice from the court clerk directing the debtor to do so. If in default, the debtor loses the benefit of voluntary deposit unless there is a serious reason for the default, in which case the court clerk may grant the debtor a maximum additional extension of 30 days. The debtor may, at any time, waive the benefit of voluntary deposit by means of a notice notified to the court clerk. Should the debtor lose or waive the benefit of voluntary deposit, the court clerk informs the creditors and, if applicable, the bailiff. 2014, c. 1, a. 665.

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§ 666Section 666Provision

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The court clerk must notify the debtor’s declaration to named creditors, invite them to participate by filing claims and representations, and provide the creditor list on request. Creditors must file a claim within 30 days after notification and include the debt’s nature, date, amount, and supporting documents.

666. The court clerk notifies the debtor’s declaration to the creditors named in it, at no cost to the debtor, and invites them, for the purpose of participating in the distribution, to file their claim with the court office and make any representations they may have. The court clerk gives the list of declared creditors to any creditor who requests it. The court clerk also notifies to the creditors any declaration of a change in the debtor’s situation. Creditors are required to file their claim, which is deemed to be a sworn claim, within 30 days after the notification. The claim must set out the nature, date and amount of the debt and be filed with supporting documents. It is deemed, for the purpose of computing interest, to have been notified on the date of the debtor’s initial or subsequent declaration. A creditor who delays in notifying their claim or in filing supporting documents is only entitled, until the delay is remedied, to the amount determined according to the debtor’s declaration. 2014, c. 1, a. 666.

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§ 667Section 667Provision

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A creditor or other interested person may contest the debtor’s declaration within 15 days after becoming aware of it, and must notify the contestation to the debtor, the court clerk, and the bailiff if applicable.

667. A creditor or any other interested person may contest the debtor’s declaration within 15 days after becoming aware of it. The contestation must be notified to the debtor, the court clerk and the bailiff, if applicable. 2014, c. 1, a. 667.

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§ 668Section 668Provision

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The court clerk must distribute the sums collected under the rules for distributing seized income.

668. The court clerk distributes the sums collected according to the provisions on distributing seized income. The court costs and fees are included in the execution costs. 2014, c. 1, a. 668.

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§ 669Section 669Provision

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A deduction notice or payment order and a seizure under the Act remain effective even if the support debtor uses voluntary deposit.

669. A deduction notice or payment order sent in accordance with the Act to facilitate the payment of support (chapter P-2.2) and a seizure under that Act remain effective even if the support debtor resorts to voluntary deposit. The amount deducted at source, paid or seized under that Act is subtracted from the amount to be deposited with the court clerk. 2014, c. 1, a. 669.

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§ 670Section 670Provision

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If a contracting party, employer, or other third person substantially changes or ends a contractual relationship with the debtor, they must prove it was not because the debtor resorted to voluntary deposit; otherwise, damages may apply.

670. If a contracting party, an employer or another third person substantially changes or ends a contractual relationship with the debtor, the onus is on them, under pain of damages, to prove that they did not do so because the debtor resorted to voluntary deposit. 2014, c. 1, a. 670.

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§ 671Section 671Provision

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A judgment ordering handover of movable or immovable property is carried out by delivery or surrender of that property, and the entitled party may then take possession.

671. A judgment which orders the handing over of movable or immovable property is executed by the delivery of the movable property or the surrender of the immovable property so that the party entitled to it may take possession of it. However, the judgment may provide for another method of surrender. 2014, c. 1, a. 671.

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§ 672Section 672Provision

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672. A judgment requiring a suretyship to be provided sets the amount of the surety’s liability and the time within which the surety is to be presented. 2014, c. 1, a. 672.

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§ 673Section 673Provision

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673. The judgment is executed by filing with the court office a notice presenting the surety, or stating the intention of the person required to provide a suretyship to instead provide other sufficient security and specifying the nature of that security. By undertaking to act as surety, the surety, whose name and contact information are stated in the notice, agrees to show solvency, to provide information on guarantees and on property owned, and to produce the related titles. The surety or the other security may be contested for not meeting the requirements prescribed by law or for insufficiency of the amount or guarantee offered. 2014, c. 1, a. 673.

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§ 674Section 674Provision

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If the surety is accepted, the suretyship agreement is filed with the court office and remains in force despite a revocation of judgment or an appeal.

674. If the surety is accepted, the suretyship agreement is filed with the court office and subsists despite a revocation of judgment or an appeal. 2014, c. 1, a. 674.

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§ 675Section 675Provision

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A judgment ordering a rendering of account is executed by notifying the account and supporting documents to the party that required it, within the time set by the judgment.

675. A judgment ordering a rendering of account is executed by notifying the account and supporting documents, within the time set by the judgment, to the party that required the rendering of account. On such notification, the accounting party and its agent may be examined on any fact relating to the account, or be required to hand over any relevant document. 2014, c. 1, a. 675.

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§ 676Section 676Provision

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The account must follow generally accepted accounting standards and the Civil Code rules on administration of property of others.

676. The account is prepared according to generally accepted accounting standards and the rules of the Civil Code dealing with the administration of property of others. Receivables are considered as income, and the cost of preparing and verifying the account, as expenditure. The legal costs are not taken into consideration, unless the court so allows. 2014, c. 1, a. 676.

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§ 677Section 677Provision

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If the account is not contested in time, it is deemed admitted and the remaining balance becomes due.

677. The account is deemed to have been admitted if the party that required it has not contested it within 15 days after notification. Any remaining balance is then due. The party may obtain and execute judgment for the remaining balance, without prejudice to its right to contest the remainder of the account. If the party contests it, the party files its grounds and their justification. The grounds are deemed valid if, within 10 days after notification, the party required to account has not filed its grounds and their justification. After the filing of grounds, the parties proceed to trial. The judgment on the contestation must determine the precise balance of the account. 2014, c. 1, a. 677.

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§ 678Section 678Provision

Source excerpt

If voluntary execution fails, the party that required the account may prepare it and have it set down for judgment.

678. Failing voluntary execution, the party that required the rendering of account may prepare the account and have it set down for judgment. In that case, the party required to account cannot debate the account but may cross-examine the witnesses. 2014, c. 1, a. 678.

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§ 679Section 679Provision

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If the debtor does not voluntarily execute the judgment, the judgment creditor undertakes forced execution.

679. Forced execution is undertaken by the judgment creditor if the debtor does not execute the judgment voluntarily. 2014, c. 1, a. 679.

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§ 680Section 680Provision

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A creditor seeking to enforce a judgment must give execution instructions to a bailiff.

680. A creditor who wishes to force execution of a judgment gives execution instructions to a bailiff. The instructions direct the bailiff to seize the debtor’s property, including the debtor’s income, and to dispose of it so as to satisfy the claim; they may also direct the bailiff to place the seizing creditor in possession of an item of property or to evict the person against whom the judgment has been rendered. The instructions must contain the information the bailiff needs to execute the judgment. The creditor sends to the bailiff, together with the instructions, the money necessary for the execution of the judgment. 2014, c. 1, a. 680.

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§ 681Section 681Provision

Source excerpt

Execution begins when a notice of execution is filed with the court office.

681. Execution begins by the filing of a notice of execution, in keeping with the model established by the Minister of Justice, with the court office. On receiving the creditor’s instructions, the bailiff completes the notice of execution by identifying the judgment to be executed, including its date, by writing in the name and contact information of the creditor, the debtor and the bailiff, and the amount of the claim, indicating, if such is the case, that the judgment has been partially executed, and by describing the execution measures to be taken. If the judgment is to be executed against an immovable, the immovable is described in accordance with the rules of the Civil Code, and its address is given. The notice is served on the debtor and notified to the creditor. 2014, c. 1, a. 681.

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§ 682Section 682Commencement

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Execution measures are set out in one notice, which may be amended in limited cases.

682. All execution measures are set out in a single notice of execution. The notice may be amended, to complete execution, if the creditor gives new instructions or if another creditor commences execution of another judgment against the same debtor. In the latter case, the new creditor is required, as seizor, to join in the execution proceedings already commenced in the district where they were commenced. The new creditor gives instructions to the executing bailiff. The bailiff files with the court office, in each of the records concerned, an amended notice identifying any creditor joining in the execution proceedings, setting out the particulars of that creditor’s claim and describing any additional execution measures considered expedient. The bailiff notifies the amended notice to the debtor and to the creditors who gave the bailiff instructions. 2014, c. 1, a. 682.

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§ 683Section 683Provision

Source excerpt

After a notice of execution is given, all participants in the execution proceedings must act in good faith, help carry out the judgment properly, and avoid anything likely to hinder it.

683. On notification of a notice of execution, all participants in the execution proceedings are required, in addition to acting in accordance with the requirements of good faith, to co-operate in the proper execution of the judgment and abstain from doing anything likely to hinder it. 2014, c. 1, a. 683.

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§ 684Section 684Provision

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The debtor must give the bailiff identifying and patrimonial information after service of a notice of execution.

684. On being served with the notice of execution, the debtor is required to provide the bailiff with all the information needed to identify the debtor, including their date of birth, and information on their patrimonial situation, including a list of all creditors who could join in the execution proceedings in the course of the year, or who hold a hypothec on or have a right to revendicate the seized property. On the bailiff’s request, the court may order a person, a public officer or a public body to provide the bailiff with any information they have concerning the debtor’s home and work contact information. The order is enforceable despite any provision to the contrary in a general law or special Act providing for the confidentiality or non-disclosure of certain information or documents, subject to compliance with professional secrecy. 2014, c. 1, a. 684.

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§ 685Section 685Provision

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Bailiffs must be impartial and provide information to participants in execution proceedings, and may do whatever is necessary to carry out their mission.

685. Bailiffs have a duty of impartiality toward all participants in execution proceedings, as well as a general duty to provide information to them. Bailiffs may perform any act necessary for the exercise of their mission. Specifically, a bailiff is required to inform the debtor and any garnishees of the content of the notice of execution and of their rights, and, on their request, explain the execution proceedings to them and the rules for computing the seizable portion of income. The bailiff is also required to carry out the creditors’ instructions in the manner that is most advantageous not only for them but for all the parties. The bailiff informs the creditors named in the list provided by the debtor that a notice of execution has been filed and invites them to inform the bailiff of the nature and amount of their claim. Unless they acted in bad faith or committed an intentional or gross fault, bailiffs cannot be held liable for the exercise of functions that are assigned to them in forced execution matters and relate to an eviction, the removal of property or the seizure of the debtor’s property or of a passenger vehicle or to a sale under judicial authority as the method of realization in execution of a judgment. 2014, c. 1, a. 685.

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§ 686Section 686Provision

Source excerpt

If force is needed to enter a place to seize or remove property or evict a person, the bailiff must get authorization from the district special clerk before entering.

686. If force must be used to enter a place for the purpose of seizing or removing property or evicting a person, the bailiff, before entering, must obtain the authorization of the special clerk of the district where the bailiff must carry out the execution proceedings. This authorization gives the bailiff access to all rooms, buildings and things on the premises. The bailiff, if concerned about possible difficulties, may request the assistance of a peace officer. 2014, c. 1, a. 686.

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§ 687Section 687Provision

Source excerpt

The bailiff has powers over seized property like an administrator with simple administration powers, and certain seized sums must be deposited in a trust account until distribution.

687. The bailiff has, with respect to seized property, the powers of an administrator of the property of others charged with simple administration. All sums seized by the bailiff, paid to the bailiff under an instalment payment agreement or derived from the disposition of property are deposited in a trust account until distribution. 2014, c. 1, a. 687.

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§ 688Section 688Provision

Source excerpt

After a judgment is enforceable, the judgment creditor or bailiff may examine the debtor, and may also examine certain other ინფორმally connected persons; court authorization is required if the person does not consent.

688. When a judgment has become enforceable, the judgment creditor or the bailiff may examine the debtor as to their income, obligations and debts, any sums owing to the debtor, any property the debtor owns or has owned since incurring the debt that is the basis for the judgment, and the property that is the subject of the judgment. During the examination, the debtor may be required to produce a document. The creditor or the bailiff may also examine any other person who is in a position to provide information about the debtor’s patrimony or any rights registered in the land register or the register of personal and movable real rights. If the person does not consent to being examined, the creditor or the bailiff must obtain the authorization of the court to conduct the examination. 2014, c. 1, a. 688.

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§ 689Section 689Provision

Source excerpt

The creditor or bailiff must inform the person to be examined about the examination and agree on the time and place; if they cannot agree, the person must attend court under a subpoena served at least five days before the date.

689. The creditor or the bailiff informs the person to be examined of the nature of the examination and agrees with the person on its time and place. If they cannot agree on these points, the person is called to attend at court on the date specified in a subpoena, which must be served at least five days before that date. The person’s deposition is governed by the rules applicable to testimony given at trial. It is recorded, unless waived by the parties. Any difficulty arising during the examination must be submitted to the court as soon as possible for a decision. 2014, c. 1, a. 689.

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§ 690Section 690Provision

Source excerpt

A debtor’s or creditor’s death does not stop enforcement of a judgment, but if the debtor dies before a seizure, execution against succession property is delayed until 10 days after service on the liquidator.

690. The death of the debtor or the creditor does not interrupt the execution of the judgment. If the debtor dies before a seizure is made, the judgment cannot be executed against the property of the succession until 10 days after service of the judgment on the liquidator, under pain of nullity of the seizure. If the creditor dies, the judgment may be executed in the creditor’s name unless it orders the performance of something that is purely personal to the creditor. 2014, c. 1, a. 690.

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§ 691Section 691Provision

Source excerpt

A judgment against a tutor, mandatary, or representative has limited execution rules, including a 10-day delay after service in one case.

691. A judgment rendered against the tutor of a minor, or the tutor or mandatary of a person of full age, in that capacity, cannot be executed against the minor or the person of full age, once they become capable of exercising their rights, until 10 days after it has been served on them. A judgment rendered in favour of a representative may be executed in the representative’s name, even after that person ceases to be a representative. 2014, c. 1, a. 691; 2020, c. 11, s. 254.

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§ 692Section 692Provision

Source excerpt

If a debtor or other ordered party does not deliver or surrender property on time, the judgment creditor can be put in possession through a notice of execution.

692. If the party ordered to deliver or surrender property fails to do so within the time set by the judgment ordering the eviction of the debtor or the removal of property or by a subsequent agreement between the parties, the judgment creditor may be placed in possession of the property by the notice of execution. If it involves eviction, the notice must be served at least five days before it is to be executed. It orders the debtor to remove all movable property within a specified time limit or pay the costs incurred for its removal and informs the debtor that if the debtor fails to comply, the movable property will be deemed to have been abandoned. No eviction may be carried out on a holiday or during the period extending from 24 December to 2 January. 2014, c. 1, a. 692.

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§ 693Section 693Provision

Source excerpt

If a debtor is evicted, movable property left on the premises is deemed abandoned, and the bailiff may sell it, give it to a charity, or otherwise dispose of it depending on whether it is likely to be sold or can be given away.

693. Any movable property left on the premises on eviction of the debtor is deemed to have been abandoned by the debtor and the bailiff may sell it for the benefit of the creditor, give it away to a charity if it is not likely to be sold or otherwise dispose of it as the bailiff sees fit if it cannot be given away. 2014, c. 1, a. 693.

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§ 694Section 694Repeal

Source excerpt

Some of a debtor’s movable property is exempt from seizure, including certain household items, work tools, companion animals, and listed family items, subject to a $7,000 market-value limit for some property.

694. A debtor’s movable property that furnishes or decorates the debtor's principal residence, that is for the family’s use and is needed for the life of the family, up to a market value of $7,000 as determined by the bailiff, and, if that value has not been attained, the personal objects the debtor chooses to keep may be exempted from seizure. Such movable property is presumed to belong to the debtor. Work instruments needed for the personal exercise of the debtor’s professional activities may also be exempted from seizure. Such property may nevertheless be seized and sold for the amounts owed on the sale price, or seized and sold by a creditor holding a hypothec on it, as applicable. Companion animals and the following property are exempt from seizure in the hands of debtors: (1) the food, fuel, linens and clothing needed for their life and the life of their family; (2) the things they need or a member of their family needs in order to compensate for a handicap or treat an illness; (3) (subparagraph repealed); (4) family papers and portraits, medals and other decorations. Any waiver of the exemption of such property from seizure is null. 2014, c. 1, a. 694; 2015, c. 35, s. 7; I.N. 2016-12-01.

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§ 695Section 695Provision

Source excerpt

A passenger motor vehicle is generally protected from seizure when needed for work, basic needs, care, or education, but it can still be seized if the bailiff thinks essential travel needs can be met another way.

695. A passenger motor vehicle cannot be seized if the vehicle is necessary in order to maintain work income or an active job search. Nor can it be seized if it is necessary in order to meet the basic needs of the debtor and the debtor’s dependants or ensure that they receive the care required by their state of health or can pursue their education. Nevertheless, such a motor vehicle may be seized if the bailiff considers that the debtor can meet essential travel needs by using public transit, another vehicle that is available to the debtor or a replacement vehicle of lesser value. A motor vehicle’s exemption from seizure is ineffective against the seller as regards the amounts owed on the sale price and against a hypothecary creditor; it is also ineffective against a seizure in execution of a judgment that is subject to the rules of execution set out in the Code of Penal Procedure (chapter C-25.1). 2014, c. 1, a. 695.

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§ 696Section 696Provision

Source excerpt

Several categories of property are exempt from seizure, with some exceptions and a 50% seizure limit for certain family-support enforcement cases.

696. The following are exempt from seizure: (1) consecrated vessels and other things used for religious worship; (2) books of account, debt securities and other papers if in the possession of a debtor who does not operate an enterprise, except bonds, promissory notes and other instruments payable to order or to bearer; (3) amounts reimbursed to the debtor for costs relating to an illness, a disability or an accident; (4) anything declared unseizable by law. The following are also exempt from seizure: (1) lump sum amounts and compensation, other than income replacement indemnities, paid in execution of a judgment or under a public compensation plan covering costs and losses resulting from a person’s death or from bodily or moral injury; (2) property declared by the donor or testator to be exempt from seizure, if the stipulation is made in an act by gratuitous title and is temporary and justified by a serious and legitimate interest. However, the property may be seized on the request of creditors whose claims are subsequent to the gift or the opening of the legacy, with leave of the court and to the extent it determines; (3) contributions paid or to be paid into a supplemental pension plan to which an employer contributes on behalf of employees, or into another pension plan established or governed by law; (4) the capital accumulated for the payment of an annuity or accumulated in a retirement savings instrument if the capital has been alienated or is under the control of a third person and satisfies the other prescriptions of law. Nevertheless, the property described in the second paragraph may be seized up to a limit of 50% to execute partition of a family or parental union patrimony, a support claim or a compensatory allowance or the payment of a financial contribution as support to meet the needs of a child born as a result of a sexual assault. This rule has precedence over any contrary legislative provision. 2014, c. 1, a. 696; 2023, c. 13, s. 54; 2024, c. 22, s. 41.

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§ 697Section 697Provision

Source excerpt

Certain cultural or historical property brought into Québec for public exhibition is exempt from seizure if the Government issues an order.

697. Works of art and other cultural or historical property brought into Québec and placed or intended to be placed on public exhibit in Québec are exempt from seizure if the Government declares them so by order, for the period specified in the order. The order comes into force on its publication in the Gazette officielle du Québec. Such exemption from seizure does not prevent the execution of a judgment against the property if it was originally designed, produced or created in Québec, or the execution of a judgment enforcing a service contract relating to the transportation, warehousing or exhibition of the property. 2014, c. 1, a. 697.

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§ 698Section 698Provision

Source excerpt

The debtor’s income is exempt from seizure, subject to formula-based limits; a different formula applies for support debts.

698. The debtor’s income is exempt from seizure except the portion determined by the formula (A - B) × C. However, for the payment of a support debt, the debtor’s income is exempt from seizure except the portion determined by the formula A × C. A is the debtor’s income, made up of (1) remuneration in money, kind or services, paid for services rendered in the exercise of an office or under an employment contract, a service contract or a contract of enterprise or mandate; (2) money paid as a retirement benefit, a pension, an income replacement indemnity or judicially awarded support, this money, however, being exempt from seizure in the hands of the payer; and (3) money paid as a social assistance benefit, an Aim for Employment benefit, a social solidarity allowance or a basic income, except that sums received under the Individual and Family Assistance Act (chapter A-13.1.1) and declared by that Act to be exempt from seizure in the hands of the recipient are so exempt from seizure. The following are not included in the debtor’s income, however: (1) support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court; (2) judicially awarded support, if intended to provide for a child; (3) employer contributions to a retirement, insurance or social security fund; (4) the value of food and lodging provided or paid by the employer for work-related travel. B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. Those exemptions are determined on the basis of the monthly amount granted as a social solidarity allowance to single persons under the Individual and Family Assistance Act, which amount is annualized then calculated on a weekly basis by the Minister of Justice, that is, $304.15; for the debtor, the exemption is 125% of the latter amount, that is, $380.19, for the first dependant, 50%, that is, $152.08, and for any other dependant, 25%, that is, $76.04; these figures are updated by the Minister on 1 April each year. C is the seizure percentage, that is, 30%. However, for the execution of partition of a family or parental union patrimony or for the payment of a financial contribution as support to meet the needs of a child born as a result of a sexual assault or a compensatory allowance, the percentage is 50%. 2014, c. 1, a. 698; I.N. 2015-07-01; I.N. 2016-04-01; I.N. 2017-04-01; 2016, c. 25, s. 40; I.N. 2018-03-01; I.N. 2019-03-01; I.N. 2020-03-01; I.N. 2020-12-10; I.N. 2021-12-01; 2018, c. 11, s. 25; I.N. 2023-03-15; 2023, c. 13, s. 55; I.N. 2024-04-01; I.N. 2024-12-01; 2024, c. 22, s. 42; 2025, c. 32, s. 80; I.N. 2026-02-23.

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§ 699Section 699Provision

Source excerpt

A debtor with self-employed income or income from a non-Québec employer must make an agreement or deposit undertaking to get seizure exemption for part of that income.

699. A debtor whose income consists in earnings as a self-employed worker or is received from an employer not resident in Québec must, to benefit from exemption from seizure for a portion of that income, enter into an agreement with the bailiff to pay in instalments over the period of time they determine, which may exceed the one year prescribed in article 663, or make a voluntary deposit undertaking with the court clerk. The debtor benefits from the exemption from seizure so long as all undertakings are complied with. The debtor may, to determine that income, subtract any expenses incurred to earn it. 2014, c. 1, a. 699.

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§ 700Section 700Provision

Source excerpt

A debtor’s principal residence may be seized for a support claim, for another claim of $20,000 or more excluding legal costs, or for a claim secured by a prior claim or hypothec.

700. The immovable serving as the debtor’s principal residence may be seized to execute a support claim or to execute another claim of $20,000 or more, not including legal costs. It may also be seized to execute a claim of any amount secured by a prior claim or a hypothec. In the case of a legal hypothec arising out of a judgment, however, the amount of the claim must be at least $20,000; otherwise, the registration of such a hypothec is valid only for conservatory purposes. 2014, c. 1, a. 700; I.N. 2016-12-01.

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§ 701Section 701Provision

Source excerpt

On application, the court may review a bailiff’s decision made under the exemption from seizure rules.

701. A decision made by the bailiff under the exemption from seizure rules may, on an application, be reviewed by the court. 2014, c. 1, a. 701.

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§ 702Section 702Provision

Source excerpt

A judgment creditor may use multiple enforcement methods at the same time and may seize certain debtor property.

702. A judgment creditor may exercise different means of execution at the same time. A judgment creditor may seize any of the debtor’s movable property that is in the debtor’s possession or that is held by the creditor or a third person. The judgment creditor may also seize any immovables possessed by the debtor. The effect of seizure is to place the property belonging to the debtor under judicial control. 2014, c. 1, a. 702.

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§ 703Section 703Provision

Source excerpt

The bailiff seizes movable property on the premises where it is located, and may seize income or money owed by third persons after notifying them of the notice of execution.

703. Movable property is seized by the bailiff on the premises where it is located. Income or money is seized in the hands of the third persons who owe it, through notification of the notice of execution to them. Fruits and other products of the soil that are seized are considered movable property even if they are not separated or extracted from the land. 2014, c. 1, a. 703.

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§ 704Section 704Provision

Source excerpt

Movable property may be seized only during specified hours on non-holidays, unless the court clerk authorizes otherwise or the property is misappropriated, conveyed, or abandoned.

704. The seizure of movable property may be effected between 7 a.m. and 9 p.m. on any day except a holiday by serving the notice of execution on the debtor and the garnishee. It may be effected outside those hours with the permission of the court clerk obtained without formality and recorded on the notice of execution, and even on a holiday if the property is misappropriated, conveyed or abandoned. A seizure not completed at 9 p.m. may be continued without formality past that time if the bailiff considers it necessary in the parties’ interests; otherwise, it is continued as soon as possible in the following working days, after taking the necessary security measures. 2014, c. 1, a. 704; I.N. 2016-12-01.

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§ 705Section 705Provision

Source excerpt

To effect a seizure of an immovable, the minutes of seizure, notice of execution, and proof of service on the debtor must be registered in the land register; the Land Registrar then registers the seizure when the minutes and notice are presented.

705. The seizure of an immovable is effected by registering the minutes of seizure, together with the notice of execution and proof of service on the debtor, in the land register. The Land Registrar registers the seizure on presentation of the minutes and notice. 2014, c. 1, a. 705; 2020, c. 17, s. 66.

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§ 706Section 706Provision

Source excerpt

Movables permanently attached or joined to an immovable may generally be seized only with that immovable, but certain creditors may seize them separately.

706. Movables permanently and physically attached or joined to an immovable that are immovables under article 903 of the Civil Code may only be seized with the immovable to which they are attached or joined; however, they may be seized separately by a prior or hypothecary creditor, or by another creditor if they do not belong to the owner of the immovable. 2014, c. 1, a. 706.

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§ 707Section 707Provision

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The bailiff must prepare seizure minutes, and the minutes must include specific details about the seizure, the debtor, the creditor, the property, and any custodian or court authorization.

707. A seizure is recorded in minutes prepared by the bailiff. The minutes must mention whether or not the debtor was present at the time of the seizure, and contain (1) mention of the title under which the seizure is made; (2) the date of the notice of execution and the name of the seizing creditor; (3) the date and time and the nature of the seizure; (4) a description of the property seized; and (5) the name of the custodian and, if an authorization was granted by the court, a reference to that authorization. In the case of a seizure of movable property, the minutes must also contain a list and the market value of the movable property left to the debtor if the value of the property seized is insufficient to pay the claim of the seizing creditor. The minutes are notified to the debtor and the seizing creditor, as well as to all creditors having rights in the seized property and to any third person appointed as custodian. 2014, c. 1, a. 707.

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§ 708Section 708Provision

Source excerpt

When seizing certain movable property, the bailiff must check the register of personal and movable real rights to see whether rights in the property have been granted.

708. When seizing movable property of an enterprise, a road vehicle, other movable property which, according to the regulation under article 2683 of the Civil Code, may be hypothecated or a group of such items of property, the bailiff checks in the register of personal and movable real rights whether rights in the property have been granted. 2014, c. 1, a. 708.

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§ 709Section 709Provision

Source excerpt

709. The debtor has two months from the seizure to sell a seized immovable by agreement unless it is hypothecated. If the debtor waives this right or does not exercise it within the prescribed time, the bailiff may sell the seized property. A sale by the debtor is subject to the approval of the bailiff, who determines whether the sale price is commercially reasonable. If that is the case, the bailiff notifies a notice of sale to the seizing creditor, all creditors having rights in the seized property and the garnishee, who have 10 days to oppose the sale. If no opposition is filed, the sale may be concluded on the expiry of that time limit. The sale price obtained must be deposited in the hands of the bailiff. 2014, c. 1, a. 709.

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§ 710Section 710Provision

Source excerpt

Before a seized property is sold, the debtor may clear the seizure by paying the judgment amount and execution costs, and may sometimes replace the property if the bailiff authorizes it and the property is not hypothecated.

710. At any time before the sale of seized property, the debtor may obtain release of seizure by paying the judgment amount, including execution costs. If the seizure of certain property causes prejudice to the debtor and if the bailiff authorizes it, the debtor may also replace the seized property, unless it is hypothecated, by property whose sale will allow full satisfaction of the judgment. If the debtor obtains release of seizure before the sale of the property, the bailiff attests to the release of seizure on the request of any interested person and files a notice of release in each of the records concerned at the court office. 2014, c. 1, a. 710.

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§ 711Section 711Provision

Source excerpt

The garnishee must make a declaration to the bailiff within 10 days and provide a detailed statement of the debtor’s property in the garnishee’s possession, including any seizures.

711. The notice of execution served on the garnishee directs that person to declare to the bailiff, within 10 days, the amount, cause and terms of their current or potential indebtedness to the debtor at the time the declaration is made. The garnishee must provide with the declaration a detailed statement of the debtor’s property that is in the garnishee’s possession, specifying under what title the property is held. The garnishee must also disclose any seizures made in the garnishee’s hands. The bailiff files the garnishee’s declaration with the court office and notifies it to the seizing creditor and the debtor, who have 10 days to contest it. If the execution proceedings are for two or more judgments or if two or more creditors are involved in the execution proceedings, the bailiff files the declaration in each of the records concerned. 2014, c. 1, a. 711.

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§ 712Section 712Provision

Source excerpt

A garnishee becomes the custodian of seized property and must deliver property, documents, and comply with an examination when requested by the bailiff, court clerk, or seizing creditor.

712. Seizure makes the garnishee the custodian of the property seized. On the bailiff’s request or on the court clerk’s order, the garnishee is required to deliver the debtor’s property that is in the garnishee’s possession to the bailiff. The garnishee is also required to give the bailiff, on request, all relevant documents relating to the garnishee’s debt toward the debtor. In addition, on the seizing creditor’s or the bailiff’s express request, the garnishee is required to submit to an examination to complete the garnishee’s declaration, as if it were a post-judgment examination. 2014, c. 1, a. 712.

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§ 713Section 713Provision

Source excerpt

If a debtor’s income is seized, the garnishee must remit the seizable portion to the bailiff within 10 days after service of the notice of execution.

713. If income of the debtor is seized, the garnishee is required, within 10 days after service of the notice of execution, to remit to the bailiff the seizable portion of what the garnishee owes to the debtor. If the debtor has multiple sources of income, the bailiff, after determining the seizable portion of the income, determines the portion that each garnishee must withhold and remit to the bailiff. If the debtor’s sources of income are not easily identifiable or are non-recurring, the bailiff determines, subject to an instalment payment agreement, the amount the debtor must pay to the bailiff. If the garnishee substantially changes or ends the contractual relationship with the debtor, the garnishee is required to declare as much to the bailiff without delay. If a dispute arises between the garnishee and the debtor, the onus is on the garnishee, under pain of damages, to prove that the contractual relationship was not changed or ended because of the seizure of income. The seizure remains binding for so long as the debtor’s sources of income are maintained and all claims filed by the creditors have not been paid. 2014, c. 1, a. 713.

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§ 714Section 714Provision

Source excerpt

If the garnishee says the debtor is working for little or no pay, the bailiff or a creditor may ask the court to set a fair remuneration.

714. If the garnishee declares that the debtor works for the garnishee without being paid or for remuneration that is clearly less than the value of the services rendered, the bailiff or a creditor may ask the court to assess the value of the services rendered and determine a fair remuneration. The remuneration determined by the court is deemed to be the debtor’s remuneration from the date of the application until it is shown that the amount should be changed. The application is notified to the debtor and the garnishee at least five days before it is to be presented before the court; the decision of the court cannot be appealed. 2014, c. 1, a. 714.

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§ 715Section 715Provision

Source excerpt

If a garnishee’s debt is due later, the garnishee must pay the bailiff at maturity. If the debt is conditional or depends on the debtor performing an obligation, the seizure remains binding until the condition is met or the obligation is performed.

715. If the garnishee’s debt is payable at a future time, the garnishee must, at maturity, pay to the bailiff what the garnishee owes to the debtor. If it is subject to a condition or to the performance of an obligation by the debtor, the seizure is binding until the condition is fulfilled or the obligation performed. 2014, c. 1, a. 715.

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§ 716Section 716Provision

Source excerpt

If the garnishee says it does not owe the debtor and that cannot be proved, the garnishee or the debtor may get the bailiff to release the seizure.

716. If the garnishee declares not being indebted to the debtor and cannot be proved to be so, the garnishee or the debtor may obtain a release of seizure from the bailiff, with execution costs to be borne by the seizing creditor. 2014, c. 1, a. 716.

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§ 717Section 717Provision

Source excerpt

717. If the garnishee is in default for failure to declare, withhold or deposit a sum of money or makes a declaration that proves to be false, the garnishee may be ordered to pay the sum owing to the seizing creditor as if the garnishee were the debtor. The garnishee may, however, obtain the authorization to declare or deposit at any time, even after judgment, on payment of the sums the garnishee should have withheld and deposited since notification of the notice of execution. In such a case, the garnishee is required to pay all costs resulting from the default. 2014, c. 1, a. 717.

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§ 718Section 718Provision

Source excerpt

If a judgment changes what the garnishee must pay while a seizure is binding or stayed, the bailiff must inform the garnishee, the debtor, and the other parties.

718. If, while a seizure is binding or its execution is stayed, a judgment ordering partition of a family patrimony or awarding support or a compensatory allowance operates to change the amount that the garnishee must pay, the bailiff, on being informed of the judgment, so advises the garnishee, the debtor and the other parties. 2014, c. 1, a. 718.

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§ 719Section 719Provision

Source excerpt

A seizure of income under a support judgment stays in force for future payments and arrears, and release is only possible after one year from full payment of arrears if no other claim exists and execution has not been stayed.

719. If a seizure of income is effected under a judgment awarding support, it applies to payments to become due as well as to arrears, as indexed if applicable; it remains binding until release is given. The same applies if the seizure is effected under the Family Orders and Agreements Execution Assistance Act (R.S.C. 1985, c. 4 (2nd Suppl.)). Release may be given on the expiry of one year after the payment of all arrears, if there is no other claim in the record and execution has not been stayed; release cannot be given, however, if the Minister of Revenue is acting in the capacity of claimant or seizing creditor under the Act to facilitate the payment of support (chapter P-2.2). 2014, c. 1, a. 719.

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§ 720Section 720Provision

Source excerpt

The bailiff may stay execution of a support-related seizure of income if the debtor requests it, pays arrears, agrees to pay support directly to the bailiff as it comes due, and gives sufficient security.

720. If a judgment awarding support has been executed by the creditor by a seizure of income and there is no other claim in the record, the bailiff, on the debtor’s request, may, once the arrears are paid, stay the execution of the seizure provided the debtor undertakes to make the support payments, as they become due, directly to the bailiff and provides sufficient guarantees to secure compliance with that undertaking. Such a stay may be granted for not less than six months nor more than one year; the bailiff advises the support creditor and the other creditors, as well as the garnishee, who then ceases to make deposits. During that period, the bailiff pays the sums received from the debtor to the support creditor at least monthly. 2014, c. 1, a. 720.

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§ 721Section 721Provision

Source excerpt

The bailiff must release the seizure if it will not become enforceable again when the stay ends.

721. The bailiff grants release of seizure if the seizure does not become enforceable again at the end of the stay. The seizure becomes enforceable again if the debtor fails to make a payment when it becomes due, or if a claim is filed in the debtor’s record by a third person. The bailiff advises the support creditor, the other creditors as well as the garnishee, who must, within 10 days after being advised, remit the seizable portion of the debtor’s income to the bailiff. 2014, c. 1, a. 721.

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§ 722Section 722Provision

Source excerpt

A bailiff may ask the court to authorize seizure of property on the debtor’s person if convinced there is property of value there, and must first ask the debtor to hand it over.

722. If the bailiff is convinced that there is property of value on the debtor’s person, the bailiff may apply to the court for authorization to seize the property on the debtor’s person and to obtain the assistance of a peace officer if necessary. The application need not be notified to the debtor. Before making the seizure so authorized, the bailiff must ask the debtor to hand over the property. If the debtor refuses, the bailiff may search the debtor, with the assistance of a peace officer if necessary. The search and seizure is carried out in such a manner as to limit violations of personal rights and freedoms. 2014, c. 1, a. 722.

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§ 723Section 723Provision

Source excerpt

This section says how securities are seized: by serving a notice of execution on the relevant holder, issuer, transfer agent, or securities intermediary, and in one case the issuer must issue and deliver a certificate to the bailiff.

723. Certificated securities are seized by seizing certificates, through service of the notice of execution on the person holding the certificates and on the issuer or the issuer’s transfer agent in Québec. If certificates that should have been issued were not issued, the securities are seized in the hands of the issuer, who is then required to issue a certificate in the debtor’s name and hand it over to the bailiff. Uncertificated securities or security entitlements to financial assets are seized by serving the notice of execution on the issuer or on the securities intermediary that maintains the debtor’s securities account, as applicable. 2014, c. 1, a. 723.

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§ 724Section 724Provision

Source excerpt

Securities or security entitlements to financial assets may be seized by serving a notice of execution on a secured creditor, if specified possession or registration conditions are met.

724. Securities, whether certificated or uncertificated, or security entitlements to financial assets may be seized by serving the notice of execution on a secured creditor if (1) the certificates representing the securities are in the secured creditor’s possession; (2) the uncertificated securities are registered in the secured creditor’s name in the issuer’s records; or (3) the security entitlements to financial assets are held in the secured creditor’s name in a securities account maintained for the debtor by a securities intermediary. 2014, c. 1, a. 724.

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§ 725Section 725Provision

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725. The seizure of securities or security entitlements to financial assets entails the seizure of the interest, dividends, distributions and other rights attached. 2014, c. 1, a. 725.

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§ 726Section 726Provision

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If certificated securities are seized, the issuer must tell the bailiff how many securities the debtor holds, how much is paid up, and any declared but unpaid interest, dividends, or other distributions.

726. When certificated securities are seized, the issuer must declare to the bailiff the number of securities held by the debtor, the extent to which the securities are paid up and the interest, dividends or other distributions declared but not yet paid. 2014, c. 1, a. 726.

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§ 727Section 727Provision

Source excerpt

When a technological medium is seized, the bailiff must tell the debtor or garnishee that they may transfer documents they want to keep to another medium.

727. On seizing a technological medium, the bailiff is required to inform the debtor or the garnishee of their right to transfer any documents they wish to preserve from the seized medium to another medium. If custody of the seized medium has been entrusted to a third person, the debtor or the garnishee is required to advise the bailiff, within 15 days after the seizure, of their intention to transfer documents. The costs of the transfer are borne by the debtor or the garnishee. 2014, c. 1, a. 727.

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§ 728Section 728Provision

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The bailiff must destroy the documents before the sale and record that destruction if there is no opposition to the seizure or any opposition has been dismissed.

728. If there is no opposition to the seizure or the opposition has been dismissed, the bailiff destroys all documents on the medium before the sale and draws up minutes recording their destruction. If the bailiff considers it necessary, a specialist may be called on to assist with the destruction of the documents. If any of the documents are covered by the professional secrecy imposed on the debtor or the garnishee, the bailiff must be assisted by a representative designated by the professional order of the debtor or the garnishee. 2014, c. 1, a. 728.

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§ 729Section 729Provision

Source excerpt

Property in a safe or safety deposit box is seized by opening it and preparing seizure minutes; if the debtor will not cooperate, the court may authorize opening, and the lessor must not give access in the bailiff’s absence after notification.

729. Property in a safe or a safety deposit box is seized through the opening of the safe or box and the drawing up of minutes of seizure by the bailiff. The minutes of seizure, which must state the names of the persons present and describe the content of the safe or box and the property seized, are notified to the creditor and the debtor and, if applicable, to the lessor in the lessor’s capacity as custodian. If the bailiff cannot obtain the debtor’s co-operation in opening the safe or safety deposit box, the court, on an application, may authorize the opening of the safe or box in the manner it determines. The application is notified to the debtor and, if applicable, to the lessor and any other lessees of the safe or box. As of the notification, the lessor is prohibited from giving access to the safe or box in the bailiff’s absence. 2014, c. 1, a. 729.

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§ 730Section 730Provision

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730. A registered road vehicle may be seized through notification of the notice of execution to the Société de l’assurance automobile du Québec. The notice of execution contains the number appearing on the registration plate of the seized vehicle and the identification number, model and year of the vehicle. No transfer of registration may be made after notification of the notice of execution unless the Société is informed by the bailiff that a release of seizure has been granted. 2014, c. 1, a. 730.

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§ 731Section 731Provision

Source excerpt

The bailiff normally gives seized property to the debtor, who must accept it, unless the court authorizes another custodian.

731. The bailiff gives custody of the seized property to the debtor, who is required to accept it. If the debtor is a legal person, the bailiff gives custody of the property to its officers or to one of its officers. With the authorization of the court, the bailiff may entrust the seized property to a custodian other than the debtor. Custody of the property cannot be given to an insolvent person or to a person who may be placed in a conflict of interest situation as a result, and the custody costs must be reasonable under the circumstances. The seizing creditor, the creditor’s attorney, their spouses and persons related to them or connected to them by marriage or civil union up to the fourth degree cannot act as custodian, except if they are already in possession of the property and consent to the seizure. The custodian of seized property is required to disclose to the bailiff any situation which may result in the loss of the property. 2014, c. 1, a. 731.

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§ 732Section 732Provision

Source excerpt

If the seizure is against an immovable, the bailiff may ask the court to appoint a sequestrator.

732. If the seizure is against an immovable, the bailiff may ask the court to appoint a sequestrator. The sequestrator so appointed is answerable to the bailiff for the sequestrator’s administration; the sequestrator, after advising the interested persons, collects the fruits and revenues of the immovable, which, after deducting expenses, are immobilized to be distributed in the same manner as the proceeds of the sale. 2014, c. 1, a. 732.

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§ 733Section 733Provision

Source excerpt

The custodian of seized property may move it only with the bailiff’s consent and must produce it on request.

733. The custodian of seized property may move the property, with the bailiff’s consent. The custodian is required to produce the property on the bailiff’s request and, on doing so, is entitled to a discharge or receipt for the property delivered. If the custodian removes the property without the bailiff’s consent, fails to produce it, damages it or fails to disclose a situation that results in its loss, the custodian is required to provide reparation for any resulting prejudice and is liable to contempt of court. 2014, c. 1, a. 733.

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§ 734Section 734Provision

Source excerpt

The bailiff may replace a custodian in certain circumstances, and must prepare a report on the property’s condition before giving it to a new custodian.

734. The bailiff may replace a custodian, other than the debtor, who has become insolvent or wishes to be discharged, for any cause considered sufficient. Before entrusting the property to a new custodian, the bailiff draws up a report ascertaining the state or condition of the property. 2014, c. 1, a. 734.

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§ 735Section 735Provision

Source excerpt

Certain persons may oppose a seizure or proposed sale of property and seek to have the proceedings annulled if specified conditions are met.

735. A person may oppose the seizure or proposed sale of property and ask for the annulment in whole or in part of the seizure or sale proceedings if (1) the property is exempt from seizure; (2) the debt is extinguished; (3) the proposed sale price is not commercially reasonable; (4) the proceedings are affected by an irregularity resulting in serious prejudice, subject to the power of the court to authorize the bailiff or the seizing creditor to remedy the irregularity; or (5) a right may be exercised to revendicate the seized property or any part of it. The debtor’s creditors may oppose the proposed sale only if the proposed sale price is not commercially reasonable or if the sale may be affected by serious irregularities. A third person in whose favour an encumbrance exists against the property may also oppose the sale if the property is advertised without any mention of the encumbrance and the encumbrance will be discharged by the sale. As well, any person whose interests are adversely affected by reason of the seized property being advertised as being subject to an encumbrance may oppose the property being sold subject to the encumbrance, unless sufficient security is given to guarantee that the property will be sold for a price that will ensure payment of the person’s claim. 2014, c. 1, a. 735.

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§ 736Section 736Provision

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The opposition must be served and notified within 15 days after notice of seizure-related documents is given.

736. The opposition must, within 15 days after notification of the minutes of seizure, the notice of sale or the seizure in the hands of a third person, be served on the bailiff, the debtor, the seizing creditor and the garnishee, and notified to the other creditors and the persons whose rights in the property are registered in the land register or the register of personal and movable real rights. 2014, c. 1, a. 736.

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§ 737Section 737Provision

Source excerpt

737. Notification of an opposition stays execution. If, however, the opposition is made solely to obtain a reduction of the amount claimed or a withdrawal from seizure of part of the seized property, it does not stay execution; the bailiff proceeds with execution to satisfy the uncontested part of the claim or to realize the property against which the opposition is not directed, unless the court orders a stay of all proceedings. An opposition made after the prescribed time that is notified before the sale cannot stop the sale, except if the court so orders on the opposer showing sufficient cause. 2014, c. 1, a. 737.

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§ 738Section 738Provision

Source excerpt

An opposition to a seizure of income only stays the distribution of the sums seized.

738. An opposition to a seizure of income stays only the distribution of the sums seized. However, if a judgment awarding support is being executed, the distribution of the income already seized is not stayed unless the court orders it stayed for exceptional reasons. 2014, c. 1, a. 738.

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§ 739Section 739Provision

Source excerpt

If a bailiff has execution instructions or claims from at least two creditors, and an opposition concerns only one creditor’s instructions, the bailiff should continue execution for the other creditors as far as possible after advising the opposer.

739. If the bailiff has received execution instructions or claims from two or more creditors, and an opposition relates to the instructions given by one of them only, the bailiff, to the extent possible and after having advised the opposer, continues to execute in order to satisfy the instructions and claims of the other creditors. 2014, c. 1, a. 739.

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§ 740Section 740Provision

Source excerpt

If an opposer’s opposition is dismissed, the opposer is liable for interest on the amount due to the creditors and for safekeeping costs during the stay of execution.

740. An opposer whose opposition is dismissed is liable toward the creditors, the debtor and the garnishee for the interest on the amount due to the creditors and for the cost of safekeeping the property for the time during which execution was stayed. 2014, c. 1, a. 740.

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§ 741Section 741Provision

Source excerpt

A renewed opposition does not suspend execution unless it relies on new facts and the court orders a stay; the stay application may be informal but normally needs two days’ notice to the seizing creditor unless the court waives notice.

741. An opposition by a person whose earlier opposition was dismissed does not stay execution unless it is based on facts that occurred after the earlier opposition was made and the stay is ordered by the court. The application for stay, which may be made without formality, must be preceded by two days’ notice to the seizing creditor, unless the court dispenses with such notice. 2014, c. 1, a. 741.

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§ 742Section 742Provision

Source excerpt

A judicial sale is used to sell seized property to enforce a judgment, or property surrendered or ordered surrendered under hypothecary rights.

742. A sale under judicial authority is conducted to sell property seized to execute a judgment or property that is surrendered or whose surrender is ordered on the exercise of hypothecary rights. In the former case, the sale is under the responsibility of a bailiff and governed by the rules of this Title. In the latter case, the sale is under the responsibility of the person designated under article 2791 of the Civil Code and is governed by the rules of that Code and, with the necessary modifications, by the rules of this Title. 2014, c. 1, a. 742.

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§ 743Section 743Provision

Source excerpt

The bailiff in charge of a sale must manage the related operations, inform interested persons and the purchaser of the capacity in which the bailiff is acting, keep the creditor, debtor, and requesting interested persons informed of steps taken, and keep sufficiently detailed records.

743. The bailiff in charge of the sale is responsible for the conduct of all related operations. The bailiff is required to inform the interested persons and, at the time of the sale, the purchaser, of the capacity in which the bailiff is acting. The bailiff is duty-bound to keep the creditor, the debtor and any other interested person who so requests informed of any steps taken, and to keep records that are sufficiently detailed for the rendering of an account to the court and to the interested persons. The bailiff, if they consider it necessary, may ask the court for any instruction or order to facilitate the performance of their duties and ensure the most advantageous sale. 2014, c. 1, a. 743.

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§ 744Section 744Provision

Source excerpt

The bailiff may sell property by agreement, by tender, or by auction, and must set the sale terms. The sale must favor the debtor and creditors and use a commercially reasonable price and the most appropriate method in the circumstances.

744. The bailiff has the option, depending on the nature of the property, of selling by agreement, through a call for tenders or by auction; the bailiff sets the terms of the sale. The sale must be made in the interests of the debtor and the creditors, at a commercially reasonable price and using the most appropriate method of realization in the circumstances. 2014, c. 1, a. 744.

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§ 745Section 745Provision

Source excerpt

The bailiff may sell movable property immediately and without formalities if it is perishable, rapidly depreciating, or costly to preserve.

745. The bailiff may sell, without delay or formality, movable property that is perishable, likely to depreciate rapidly or expensive to preserve. 2014, c. 1, a. 745.

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§ 746Section 746Provision

Source excerpt

746. If several items of property have been seized, only those whose sale is necessary to pay the claims, including principal, interest and costs, may be sold, unless the debtor consents in writing to the sale of all the seized property. The debtor has the right, except as regards rights conferred by law to hypothecary creditors, to determine the order in which the seized property is to be sold. 2014, c. 1, a. 746.

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§ 747Section 747Provision

Source excerpt

The bailiff may set a reserve price for property being sold and may request an expert appraisal when the property’s nature or value justifies it.

747. The bailiff may fix a reserve price for property offered for sale. The bailiff may seek an expert appraisal if the nature or value of the property justifies doing so. 2014, c. 1, a. 747.

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§ 748Section 748Provision

Source excerpt

A sale must be preceded by a published notice describing the property and the sale terms; the bailiff may also publicize the sale further, and the Minister may set regulatory standards for notices and the sales register.

748. Whether the sale is by agreement, through a call for tenders or by auction, it must be preceded by the publication of a notice setting out the nature of the property, the method of sale used and the charges and terms and conditions of the sale. The notice of sale is published in the sales register kept by the Minister of Justice, as well as in the land register if the property is an immovable. In order to achieve a better realization of the property, the bailiff may also, on the request and at the expense of the debtor or a creditor, further publicize the sale. The Minister may, by regulation, establish standards concerning the presentation, form and content of notices, the storage medium for and the manner of keeping the sales register, consultation procedures, the storage medium and schedule for preserving the notices, as well as any other rules needed to set up and run the register, including the applicable tariffs. 2014, c. 1, a. 748.

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§ 749Section 749Provision

Source excerpt

The notice of sale must be published at least 30 days before the scheduled sale date.

749. The notice of sale must be so published at least 30 days before the scheduled sale date. The bailiff notifies the notice without delay to the debtor, the garnishees and any creditors having advised the bailiff of their claim or registered their right in the seized property in the register of personal and movable real rights or the land register and having required the registration of their address in connection with the property. If the sale does not take place, the bailiff records as much in the sales register and, if applicable, informs the land registrar so that the notice of sale may be struck from the land register. 2014, c. 1, a. 749.

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§ 750Section 750Provision

Source excerpt

The bailiff may consider comments from the debtor, a creditor, or another person with an interest in the property about the sale method, sale terms, or reserve price.

750. The bailiff may take into consideration any representations made by the debtor, a creditor or a third person pursuing an interest in the property on the method of sale chosen, the terms of sale or the reserve price. Within 10 days before the sale of the property, anyone who is not satisfied with the bailiff’s response may go before the court. However, the sale is stayed only if the court orders that it be stayed. 2014, c. 1, a. 750.

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§ 751Section 751Provision

Source excerpt

751. If the sale is stayed, either because an application is pending, the court has ordered it or the debtor and the creditors have consented to it, the bailiff publishes a notice of the stay in the sales register. When the stay is lifted, if the sale can take place on the date initially stated in the notice, the bailiff records as much in the sales register. If the sale cannot take place on that date, the bailiff must publish a new notice of sale. 2014, c. 1, a. 751.

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§ 752Section 752Provision

Source excerpt

The purchaser must pay the price to the bailiff.

752. The bailiff conducting the sale is deemed to represent the owner of the property for the conclusion of the contract of sale, which the bailiff has power to sign in the owner’s name. The purchaser is required to pay the price to the bailiff. 2014, c. 1, a. 752.

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§ 753Section 753Provision

Source excerpt

A bailiff using a call for tenders may use an invitation or a public call for tenders, must include enough information for bidders to respond in time, and must accept the highest tender unless it is less advantageous or not commercially reasonable.

753. A bailiff conducting the sale by a call for tenders may do so by invitation or by a public call for tenders. Sufficient information must be included in the call for tenders to allow bidders to tender in sufficient time. The bailiff is required to accept the highest tender unless the conditions attached to it render it less advantageous than another lower tender, or unless the price tendered is not commercially reasonable. 2014, c. 1, a. 753; I.N. 2016-12-01.

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§ 754Section 754Provision

Source excerpt

For an auction sale, the bailiff must include specified sale details in the notice, and if bids are submitted using information technology the notice must also explain how and when bids will be received and give the closing date.

754. In the case of a sale by auction, the bailiff sets out in the notice of sale the nature of the property, the reserve price, if any, and sufficient information to allow bids to be made. Also to be included is the bailiff’s name and contact information and those of the auctioneer selected, if any. If bids may be entered by way of information technology, the notice must state how and when bids will be received and must specify the closing date. At the sale, the bailiff or the auctioneer, as applicable, may, in the interests of the creditors or the debtor, refuse a bid, withdraw the property and put it up for sale again, with or without a reserve price, or end the sale. 2014, c. 1, a. 754.

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§ 755Section 755Provision

Source excerpt

The bailiff must follow specified transfer restrictions, may ask the court to authorize a sale if those restrictions significantly reduce value, and the purchaser must be told about any attached restrictions before buying.

755. The bailiff is bound by the conditions and restrictions that govern the transfer of securities and the establishment of security entitlements to financial assets and are set out in the issuer’s constituting act or by-laws or in the instrument governing the securities account maintained by a securities intermediary. As well, the bailiff is bound by the conditions and restrictions set out in an agreement to which the debtor is party. The bailiff may apply to the court for an order authorizing the sale if such conditions and restrictions significantly reduce the value of the securities or security entitlements; in such a case, the court determines the applicable conditions. The purchaser of the securities or security entitlements is subject to the conditions and restrictions set out in the legal person’s constituting act and by-laws and any unanimous shareholder agreement. The purchaser must be informed beforehand of any restrictions attached to the securities or security entitlements. 2014, c. 1, a. 755.

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§ 756Section 756Provision

Source excerpt

If property cannot be sold, the bailiff must return it to the owner. If the owner refuses it, the bailiff may give it to a charity or otherwise dispose of it.

756. If property cannot be sold, the bailiff returns it to its owner. If the owner refuses the property, the bailiff may give it away to a charity or, if it cannot be given away, dispose of it as the bailiff sees fit. 2014, c. 1, a. 756.

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§ 757Section 757Provision

Source excerpt

After a sale, the bailiff must publish a notice in the sales register stating the price and terms of the sale, and must also file the notice with the court office.

757. As soon as the sale is made, the bailiff publishes in the sales register a notice stating the price and the terms of the sale. The notice is also filed with the court office. 2014, c. 1, a. 757.

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§ 758Section 758Provision

Source excerpt

If the purchaser does not sign the deed of sale, pay the price, or take possession, the bailiff may ask the court for an order after 10 days.

758. If the purchaser refuses to sign the deed of sale, to pay the sale price, or to take possession of the property, the bailiff, on the expiry of 10 days after the sale, may obtain an order from the court having the same force and effect as a deed of sale or an order for forced surrender, for eviction from the immovable or for forced removal of the movable property. 2014, c. 1, a. 758.

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§ 759Section 759Provision

Source excerpt

A sale generally discharges real rights not included in the terms of sale, but several interests survive the sale.

759. The sale discharges all real rights not included in the terms of sale. It does not discharge (1) servitudes; (2) emphyteusis, the rights needed to exercise superficies, and substitutions not yet open, except when a prior or preferred claim is mentioned in the court record; or (3) the administrative encumbrance affecting a low-rental housing complex. The sale does not terminate leases in progress that are registered in the register of personal and movable real rights or the land register. Nor does the sale affect the legal hypothec securing the rights of legal persons established in the public interest in respect of special municipal or school taxes that are not yet due and the payment of which is spread over a number of years; such taxes do not become due by reason of the sale of the immovable and are not collocated, but remain payable in accordance with the terms of their imposition. 2014, c. 1, a. 759.

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3 referenced instruments

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Civil Code
Sections 594, 676, 681, 706, 708, 742

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may refuse to confirm any prior act
Section 589

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Revenue is acting in the capacity of claimant or seizing creditor under the Act
Section 719

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Code of Civil Procedure, 2014

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