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Canada — Quebec Act or statute

Canada — Quebec legislation

Cemetery Companies Act

The enterprise registrar may grant a charter to qualifying petitioners to create a legal person for a cemetery.

Source excerpt

alienabilitycemetery constructioncemetery establishmentcemetery landcemetery maintenancecemetery usecharter issuanceenterprise registrarexpansionlegal compliancelegal person formationlegal person name complianceletters patentname refusal by registrarpetition reviewregister depositseizuresite change
Jurisdiction
Canada — Quebec
Structure
17 provisions
Dates
Source version 10 Jun 2026
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01

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“The enterprise registrar may grant a charter to qualifying petitioners to create a legal person for a cemetery.”

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Section 1

The enterprise registrar may grant a charter to qualifying petitioners to create a legal person for a cemetery.

Section 1

Section 4

Before letters patent are granted, the petitioners must satisfy the enterprise registrar about the truth and sufficiency of their petition and memorandum of agreement, their good faith, and the absence of any public-interest objection.…

Section 4

Section 8

Land used for a cemetery under this Act cannot be seized and cannot be alienated except as allowed by the Act.

Section 8

Section 12

The fee for issuing letters patent under this Act is set out in the Act respecting the legal publicity of enterprises.

Section 12

Schedule

Chapter 307 of the Revised Statutes, 1964 is repealed when chapter C-40 of the Revised Statutes comes into force.

Schedule

04

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

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Showing 17 of 17 provisions

Provision 15Repeal 2
§ 1Section 1Provision

Source excerpt

The enterprise registrar may grant a charter to qualifying petitioners to create a legal person for a cemetery.

1. The enterprise registrar may, under his hand and seal, grant a charter to any number of persons, not less than three, not being trustees for a religious congregation or society, nor Roman Catholics, nor already by law constituted as a legal person, who petition to be constituted as a legal person for the purpose of establishing, maintaining and managing a cemetery. The letters patent issued by the enterprise registrar under his hand and seal shall have the same effect as if they were issued by the Lieutenant-Governor under the Great Seal. R. S. 1964, c. 307, s. 1; 1969, c. 26, s. 81; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 140; 1999, c. 40, s. 71; 2002, c. 45, s. 279.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

The letters patent create a legal person without capital stock for the stated objects only.

2. Such letters patent shall constitute the applicants who signed the petition and the memorandum of agreement, and those who afterwards become members of the legal person created by the letters patent, a legal person without capital stock for the objects above set forth and for no other purpose. R. S. 1964, c. 307, s. 2; 1999, c. 40, s. 71.
Section 2Verify source
§ 3Section 3Provision

Source excerpt

Petitioners seeking such letters patent must follow the same formalities, with necessary modifications, as if applying to be constituted as a legal person under Part III of the Companies Act.

3. To obtain such letters patent, the petitioners therefor must follow the same formalities, with the necessary modifications, as if they were applying to be constituted as a legal person under Part III of the Companies Act (chapter C-38). R. S. 1964, c. 307, s. 3; 1999, c. 40, s. 71.
Section 3Verify source
§ 3.1Section 3.1Provision

Source excerpt

A legal person’s name must comply with section 9.1 of the Companies Act.

3.1. The name of a legal person must be in conformity with section 9.1 of the Companies Act (chapter C-38). The enterprise registrar shall refuse to constitute a legal person whose proposed name is not in conformity with any of paragraphs 1 to 6 of section 9.1 of the Companies Act. 1993, c. 48, s. 319; 1999, c. 40, s. 71; 2002, c. 45, s. 279.
Section 3.1Verify source
§ 4Section 4Provision

Source excerpt

Before letters patent are granted, the petitioners must satisfy the enterprise registrar about the truth and sufficiency of their petition and memorandum of agreement, their good faith, and the absence of any public-interest objection. The enterprise registrar must receive and keep on file the necessary sworn written depositions for that purpose.

4. Before the granting of the letters patent, the petitioners must establish, to the satisfaction of the enterprise registrar, the truth and sufficiency of the allegations of their petition and of their memorandum of agreement, their good faith and the absence of any objection on the ground of public interest; and the enterprise registrar shall, for the above purposes, receive and preserve on file all the necessary depositions in writing and on oath. R. S. 1964, c. 307, s. 4; 1969, c. 26, s. 82; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 2002, c. 45, s. 279.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

The enterprise registrar must deposit the letters patent in the specified register immediately after they are granted.

5. Immediately after the granting of the letters patent, the enterprise registrar shall deposit them in the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1); and, subject to such deposit, but from the date of the letters patent, the persons therein named, and such persons as thereafter become members of the legal person, shall be a legal person, by the name mentioned in the letters patent. R. S. 1964, c. 307, s. 5; 1969, c. 26, s. 83; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 1993, c. 48, s. 320; 1999, c. 40, s. 71; 2002, c. 45, s. 279; 2010, c. 7, s. 282.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

The legal person is governed by the laws for legal persons under Part III of the Companies Act, subject to this Act’s special provisions.

6. Subject to the special provisions of this Act, the legal person shall in all respects be governed by the laws governing legal persons created under Part III of the Companies Act (chapter C-38). However, apart from the sections mentioned in section 224 of the said Companies Act, the following sections and parts of sections of Part I of the said Companies Act shall not apply to legal persons constituted under this Act, namely: the third paragraph of section 8; sections 18 and 28; section 31 (insofar as the general power of selling, alienating and hypothecating the immovable property, upon which the cemetery is established, is concerned); paragraph 1 of section 37; subparagraphs c and d of subsection 1 of section 77, and sections 87 and 105. R. S. 1964, c. 307, s. 6; 1999, c. 40, s. 71.
Section 6Verify source
§ 7Section 7Provision

Source excerpt

The legal person has a right to establish a cemetery.

7. The legal person shall have the right to establish a cemetery, but the construction, maintenance and use of such cemetery shall be effected in accordance with the general laws concerning like matters. It may also, subject to the same general laws, change the site of the whole or part of such cemetery and enlarge it, provided that the total area shall never exceed 12 hectares. R. S. 1964, c. 307, s. 7; 1977, c. 60, s. 63; 1999, c. 40, s. 71.
Section 7Verify source
§ 8Section 8Provision

Source excerpt

Land used for a cemetery under this Act cannot be seized and cannot be alienated except as allowed by the Act.

8. The land upon which a cemetery is established under the provisions of this Act shall not be seizable. It shall also not be alienable save as provided by this Act. R. S. 1964, c. 307, s. 8.
Section 8Verify source
§ 9Section 9Provision

Source excerpt

The Government may authorize a legal person, on petition, to transfer all or part of its cemetery to or from certain religious or cemetery authorities.

9. The Government may, upon a petition being made to it, authorize the legal person to make to or receive from the oeuvre et fabrique of a parish, any other duly constituted authority of any religious denomination or any other cemetery company or association, the transfer of the whole or part of its cemetery. R. S. 1964, c. 307, s. 9; 1999, c. 40, s. 71.
Section 9Verify source
§ 10Section 10Provision

Source excerpt

Cemetery companies covered by the Cemetery Companies Act before 3 June 1929 are governed by this Act.

10. Cemetery companies constituted under the Cemetery Companies Act before 3 June 1929, shall be governed by the provisions of this Act. R. S. 1964, c. 307, s. 10.
Section 10Verify source
§ 11Section 11Provision

Source excerpt

The Lieutenant-Governor may issue letters patent to make certain cemetery applicants a legal person, if the cemetery meets the stated conditions and at least three people apply. Those applicants must follow the formalities of sections 3, 4 and 5, with necessary modifications.

11. Whenever it appears to the enterprise registrar that any cemetery, already existing and not belonging to a religious congregation or society, or to the Church of England, or to Roman Catholics, and not already by law constituted as a legal person, has, through lack of control, maintenance and management, fallen into a dilapidated and discreditable condition, the Lieutenant-Governor may grant letters patent under the Great Seal, to constitute such persons, not less than three in number, who apply therefor, a legal person for the purpose of assuming the control, maintenance and management, and the raising of the necessary funds so to do, provided that, saving the rights of control, maintenance and management, nothing in this division contained shall be construed as interfering with any right of ownership of the whole or of any part or parts of the said cemetery. To obtain their constitution as a legal person the applicants shall follow, with the necessary modifications, the formalities of sections 3, 4 and 5 of this Act. The legal person shall thereafter have all the powers and be subject to all the other provisions mentioned in this Act regarding cemeteries. R. S. 1964, c. 307, s. 11; 1969, c. 26, s. 84; 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 141; 1999, c. 40, s. 71; 2002, c. 45, s. 279.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

The fee for issuing letters patent under this Act is set out in the Act respecting the legal publicity of enterprises.

12. The fee payable for the issue of letters patent under this Act is set out in the Act respecting the legal publicity of enterprises (chapter P-44.1). R. S. 1964, c. 307, s. 12; 2010, c. 7, s. 209.
Section 12Verify source
§ 13Section 13Provision

Source excerpt

This section ceased to have effect on 17 April 1987.

13. (This section ceased to have effect on 17 April 1987). 1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
Section 13Verify source
§ 14Section 14Provision

Source excerpt

The Government must designate the Minister responsible for administering this Act, except for provisions about the enterprise registrar’s responsibilities, which are administered by the Minister of Employment and Social Solidarity.

14. The Government designates the Minister responsible for the administration of this Act except the provisions relating to the responsibilities of the enterprise registrar, which are administered by the Minister of Employment and Social Solidarity. 2002, c. 45, s. 280; 2006, c. 38, s. 20; 2016, c. 29, s. 26.
Section 14Verify source
§ 15Section 15Repeal

Source excerpt

Section 15 is repealed.

15. (Repealed). 2002, c. 45, s. 280; 2003, c. 29, s. 170; 2006, c. 8, s. 31; 2019, c. 29, s. 1; 2025, c. 8, s. 108.
Section 15Verify source
§ —ScheduleRepeal

Source excerpt

Chapter 307 of the Revised Statutes, 1964 is repealed when chapter C-40 of the Revised Statutes comes into force.

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 307 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter C-40 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

2 referenced instruments

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

A–F

1 instrument

  • Companies Act

    Sections 3, 3.1, 6

N–S

1 instrument

  • Revised Statutes comes into force. In accordance with section 17 of the Act

    Section Schedule

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  • 10 Jun 2026 · currentEnglish

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