Civil Code of Québec, 1991

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The Civil Code of Québec governs persons, their relations, and property, and is the foundation of other laws in matters within its scope.

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Every human being has juridical personality and the full enjoyment of civil rights.

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Every person holds a patrimony.

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Every person holds personality rights, including rights to life, bodily inviolability and integrity, and respect for name, reputation, and privacy; these rights are inalienable.

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Every person is able to exercise civil rights; in some cases, the law provides for representation.

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Every person exercises civil rights under the surname and usual given name stated in their act of birth.

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Every person must exercise civil rights in good faith.

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A right must not be exercised to injure another or in an excessive, unreasonable way contrary to good faith.

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A person may renounce the exercise of civil rights only if doing so is consistent with public order.

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In civil rights matters, people may depart from Code rules that supplement intention, but not from rules of public order.

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Every person has a right to bodily integrity, and interference with a person is generally prohibited unless allowed by law and consent is free and informed.

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A person cannot be made to undergo care without consent, and consent may be withdrawn at any time, even verbally.

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A person who consents to or refuses care for another person must act in that person’s sole interest and, as far as possible, respect that person’s expressed wishes.

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13. Consent to medical care is not required in case of emergency if the life of the person is in danger or his integrity is threatened and his consent cannot be obtained in due time. It is required, however, where the care is unusual or

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Consent to health care for a minor is normally given by the person with parental authority or the tutor; a minor aged 14 or over may consent alone.

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If an adult cannot consent to needed care and there are no advance medical directives, consent is given by the mandatary or tutor; otherwise by a spouse, or failing that, by a close relative or a person with a special interest.

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Court authorization is required for certain care decisions, except in specified emergencies and hygienic care.

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A minor aged 14 or over may consent alone to care not required by the state of the minor’s health, unless the care poses a serious health risk and may cause grave and permanent effects.

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For a person under 14 or incapable of consenting, consent to care not required by the person’s state of health is given by a parent-authority holder, mandatary, or tutor; court authorization is also needed for care posing serious health risk or possible grave and permanent effects.

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A capable adult may donate part of his body inter vivos if the risk is not disproportionate to the expected benefit. A minor or incapable adult may do so only with parental/mandatary/tutor consent and court authorization, and only if the part can regenerate and the procedure poses no serious health risk.

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An adult capable of consent may take part in research that could affect bodily integrity if the risk is not disproportionate to the anticipated benefit, and the project must be approved and monitored by a research ethics committee.

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A minor or an incapable adult may take part in certain research only if the risk is not disproportionate and the research meets the stated benefit conditions; participation is barred if the person understands the research and objects.

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A body part removed during care may be used for research if the required consent is given.

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When deciding an authorization application about care or alienation of part of a person’s body, the court must obtain specified opinions and, unless impossible, obtain the person concerned’s opinion and respect any refusal unless the care is medically required.

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Consent for the listed care, body-part alienation, or certain research must be in writing, unless a research ethics committee justifies a non-written form for that research.

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A person’s alienation of a part or product of the body must be gratuitous, and it may not be repeated if it creates a health risk. Participation in research that could affect a person’s bodily integrity may not result in financial reward, except for indemnity for loss and inconvenience.

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A person may not be confined for a psychiatric assessment, or after one concludes confinement is necessary, unless the person consents or the law or a court authorizes it.

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If a court has serious reasons to believe a person is a danger to self or others because of mental state, it may order temporary confinement for psychiatric assessment and may authorize another needed medical examination.

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If a court orders psychiatric confinement, an examination must be done quickly, a second examination may be required, the person must be released if confinement is not needed, and continued confinement is limited to 48 hours without consent or court authorization.

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29. A psychiatric examination report must deal in particular with the necessity of confining the person in an institution if he is a danger to himself or to others owing to his mental state, with the ability of the person who has undergone

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A court may authorize confinement in an institution after a psychiatric assessment only if both psychiatric reports say confinement is necessary, and only if the court has serious reasons to believe the person is dangerous and confinement is necessary.

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A court-authorized confinement judgment must state the confinement duration, and the confined person must be released once confinement is no longer justified.

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A health or social services establishment must inform a person receiving care about the person’s care program and any important changes, or give that information to the person authorized to consent on the person’s behalf if the person is under 14 or incapable of consenting.

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Every child is entitled to protection, security, and attention from parents or those acting in their place, to the extent they are able to provide it.

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Decisions about a child must be made in light of the child’s interests and respect for the child’s rights.

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In applications affecting a child’s interest, the court must give the child an opportunity to be heard if the child’s age and discernment permit it.

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A child is considered conceived but not yet born if the mother or the person who is to give birth is pregnant with the child.

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Every person has a right to respect for reputation and privacy, and privacy may not be invaded unless the person consents or the invasion is authorized by law.

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36. The following acts, in particular, may be considered as invasions of the privacy of a person: (1) entering or taking anything in his dwelling; (2) intentionally intercepting or using his private communications; (3) appropriating or

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A person who creates a file on another person must have a serious and legitimate reason, collect only information relevant to the file’s stated purpose, and must not disclose or use it inconsistently without consent or legal authorization.

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Except as otherwise provided by law, any person may examine and ask for rectification of a file kept on him by another person, and may also get a copy for a reasonable cost.

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A person keeping a file on a person must not deny that person access to the information in the file unless there is a serious and legitimate reason or the information may seriously injure a third person.

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A person may have inaccurate, incomplete, equivocal, obsolete, or unjustified file information rectified or deleted, or add written comments to the file.

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If the law does not set how the right to examine or rectify a file is exercised, the court decides that on application. The court also settles any difficulty in exercising those rights on application.

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A competent adult may decide funeral and body-disposal arrangements. A minor may do so only with written consent from a person with parental authority or a tutor.

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43. A person of full age or a minor 14 years of age or over may, for medical or scientific purposes, give his body or authorize the removal of organs or tissues therefrom. A minor under 14 years of age may also do so with the consent of

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44. A part of the body of a deceased person may be removed, if the wishes of the deceased are not known or cannot be presumed, with the consent of the person who was or would have been qualified to give consent to care. Consent is not

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No part of a body may be removed until the donor's death has been attested by two physicians who do not take part in the removal or transplantation.

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46. An autopsy may be performed in the cases provided for by law or if the deceased had already given his consent thereto; it may also be performed with the consent of the person who was or would have been qualified to consent to care. The

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The court may order an autopsy if circumstances justify it, and the coroner may also order an autopsy in cases provided for by law.

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No one may embalm, bury, or cremate a body until a death attestation has been drawn up and six hours have passed.

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Disinterment of a body is permissible only under specified lawful conditions, including a court order or a coroner’s order.

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Every person has a name assigned at birth and recorded in the act of birth.

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A child may be given one to four given names and a surname within the stated composition limits; if more than one given name is given, the parents choose the child’s usual given name.

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52. In case of disagreement over the choice of a surname, the registrar of civil status assigns to the child a surname consisting of two parts, one part being taken from the surname of his father or of one of the parents and the other from

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A child with only one established filiation takes the surname of the relevant parent and one to four given names chosen by that parent; a child with no established filiation is given a name by the registrar of civil status.

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If a chosen child’s name is unusual and may ridicule or discredit the child, the registrar of civil status may ask the parents to change it.

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Every person has a right to respect for his name.

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Using a name other than one’s own can create liability for resulting confusion or injury, and the name holder, spouse, or close relatives may object and seek redress.

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A given name shown in the act of birth may be substituted by written notice to the registrar of civil status if the person has been domiciled in Québec for at least one year; a child under one year born and domiciled in Québec is treated as meeting that one-year domicile condition.

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A notice to substitute a minor child’s usual given name may be presented by the child’s tutor, or by the minor if the minor is 14 or older.

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A substitution of a usual given name takes effect 15 days after publication of the notice, unless publication is not required.

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56.4. A substitution of the usual given name has, with the necessary modifications, the same effects as those resulting from a change of name provided for in articles 68 to 70. 2022, c. 22, s. 13.

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A person’s name may not be changed without authorization from the registrar of civil status or the court.

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The registrar of civil status may authorize a change of name for a serious reason, and may also authorize adding part of a parent’s surname to a person’s surname in specified cases.

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A person domiciled in Québec for at least one year may be the subject of a change-of-name application.

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A minor child’s name-change application may be made by the child’s tutor, or by the child alone if the child is at least 14 years old.

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A person applying for a change of name must state the reasons, list specified family names, swear the information is true, and attach the necessary documents.

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A minor child’s name change generally cannot be granted unless the relevant parents, tutor, or the minor (if 14 or older) were notified and do not object, unless there is a compelling reason.

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Before authorizing a name change, the registrar of civil status must confirm publication of the application notice, unless a listed exemption applies.

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The Government may set by regulation the remaining rules for name-change applications, including publication and any duties payable or exemptions from those duties.

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The court has exclusive jurisdiction to authorize a child’s name change in specified family-status cases.

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A minor aged 14 or older who is acting alone may apply for a change of name, and must notify the person with parental authority and the tutor.

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If an objection is made, an applicant for a minor child’s name change by administrative process may submit the application to the court before filing it with the registrar of civil status.

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A change of name takes effect when the authorizing judgment becomes final or when the registrar’s decision is no longer reviewable.

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68. A change of name in no way alters the rights and obligations of a person. 1991, c. 64, a. 68; I.N. 2014-05-01.

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Documents made under a former name are treated as made under the person's new name.

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Proceedings involving a person who has changed name continue under the person's new name.

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The sex designation in a person's act of birth and act of death means the sex recorded at birth, or the person's gender identity if it does not match that sex.

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A person whose gender identity does not match the sex designation on their birth certificate may apply to change that designation and, if needed, given names, if the Code and regulations’ conditions are met.

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A minor 14 or older may apply for a change of designation of sex alone, or the minor’s tutor may apply with the minor’s consent. If the minor is under 14, the tutor must apply, and the change is not granted if the other tutor was not notified or objects, except for a compelling reason.

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An application must be made to the registrar of civil status, and the documents prescribed by government regulation must also be provided.

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An application is processed using the same procedure as a change-of-name application, except for publication requirements, and the same duties must be paid.

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A tutor may apply to court for a minor under 14’s change of designation of sex if the other tutor objects, and may do so before filing with the registrar of civil status.

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The court may review a civil status registrar’s decision about assigning a name, changing a name, or changing designation of sex, on application by an interested person.

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75. The domicile of a person, for the exercise of his civil rights, is at the place of his principal establishment. 1991, c. 64, a. 75.

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A person changes domicile by establishing residence in another place with the intention of making it the principal establishment.

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A person's residence is where they ordinarily live. If they have more than one residence, the principal residence is used to establish domicile.

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If a person's domicile cannot be determined with certainty, it is deemed to be at the person's residence. If the person has no residence, domicile is deemed to be where the person happens to be, or if that is unknown, at the person's last known domicile.

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A person called to a temporary or revocable public office keeps his domicile unless he shows a contrary intention.

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An unemancipated minor’s domicile is that of the tutor, subject to a court order fixing the child’s domicile elsewhere.

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A person of full age under tutorship has the domicile of the tutor.

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Married or civil union spouses may have separate domiciles.

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Parties to a juridical act may choose domicile in writing for carrying out the act or exercising rights from it.

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Defines “absentee” as a person who had a domicile in Québec, then stopped appearing there, gave no news, and is not known to be alive.

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An absentee is presumed alive for seven years after disappearance unless proof of death is made earlier.

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A tutor may be appointed for an absentee in specified circumstances.

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Any interested person, including the Public Curator or a creditor of the absentee, may apply for tutorship to the absentee.

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On application by a tutor or interested person, the court may fix amounts to be allocated for marriage or civil-union expenses, family maintenance, or support of an absentee, taking the property’s extent into account.

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After one year of absence, the absentee’s spouse, civil union spouse, parental union spouse, or tutor may apply to court for a declaration allowing patrimonial rights to be liquidated.

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Tutorship to an absentee ends when the absentee returns, appoints an administrator for his property, or is declared dead or proved dead.

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In cases of superior force, a tutor may be appointed for a person unable to appear at their domicile and unable to appoint an administrator for their property.

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An interested person may apply for a declaratory judgment of death, including the Public Curator or the Minister of Revenue acting as provisional administrator of property.

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A court clerk must transmit a copy of a declaratory judgment of death to the chief coroner without delay.

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If a person has disappeared, the date of death is the end of seven years after disappearance, unless the circumstances make an earlier death date certain.

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95. A declaratory judgment of death produces the same effects as death. 1991, c. 64, a. 95.

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The date of death, if proven, determines retroactively when the matrimonial or civil union regime ends or when the right to partition of the parental union patrimony arises, and it determines when the succession opens.

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If a person declared dead by a declaratory judgment of death returns, the judgment’s effects end, but the marriage or civil union stays dissolved.

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A person who has returned must apply to court to annul the declaratory judgment of death and correct the civil status register.

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A returned person recovers property under the rules on restitution of prestations and must reimburse good-faith possessors who paid his obligations with something other than his property.

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100. Any payment made to the heirs or legatees by particular title of a person who has returned after a declaratory judgment of death but before the particulars or entries are cancelled or rectified is valid and constitutes a valid

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An apparent heir who learns the declared-dead person is alive keeps the property and its fruits and revenues until the returned person asks for it back.

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Proof of death is established by an act of death, unless another mode of proof is authorized by law.

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The registrar of civil status is the sole civil status officer and must draw up and alter acts of civil status, keep and safeguard the register of civil status, and ensure its publication.

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104. The register of civil status consists of all the acts of civil status and the juridical acts by which they are altered. 1991, c. 64, a. 104.

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105. The register of civil status is kept in duplicate. 1991, c. 64, a. 105; 2013, c. 27, s. 6.

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Section 106 is repealed.

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Acts of civil status are limited to birth, marriage or civil union, and death.

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Civil status acts must be drawn up without delay from records received by the registrar, and names with non-French characters or diacritics must be transcribed into French.

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The registrar of civil status must prepare the act, date it, give it a registration number, and enter it in the register; if needed, the registrar may make a summary investigation to get the information required.

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Every attestation and declaration must state the date it was made, the maker’s name, quality and domicile, and be signed by the maker.

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The accoucheur must draw up an attestation of birth.

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The accoucheur must send a copy of the attestation to the persons required to declare the birth, and another copy without delay to the registrar of civil status.

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A child’s birth must be declared to the registrar of civil status within 30 days, and extra documents are required in surrogacy or incapacity cases.

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The mother or the person who gave birth to the child must declare the child’s filiation, subject to surrogacy-related filiation rules.

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Only a child’s father, mother, or parent may declare the child’s filiation for themselves; in some cases, one spouse may declare filiation for the other spouse, and a de facto union declaration requires supporting affidavits.

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115. A declaration of birth states the name assigned to the child, the usual given name if the child has more than one given name, the sex, the place, date and time of birth, and the name and domicile of the child’s father and mother or

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A person who shelters or has custody of an unidentified newborn must declare the birth to civil status within 30 days.

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If a person must draw up a birth attestation or declare a child’s birth, they must state the child’s sex, and this requirement cannot be made conditional on any medical treatment or surgery the child has undergone.

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If the place, date, and time of birth are unknown, the registrar of civil status establishes them using a medical report and circumstances-based presumptions.

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The officiant must file the declaration of marriage with the registrar of civil status within 30 days after the solemnization.

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A declaration of marriage must include specified details about the spouses, the marriage, the parents, the witnesses, and the officiant.

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A marriage declaration states whether there was a dispensation from publication, whether the spouses were already in a civil union, and, if a spouse is a minor, whether the court authorized the marriage.

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The officiant, the spouses, and the witnesses must sign the declaration.

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The person who solemnized a civil union must make the declaration to the registrar of civil status without delay.

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A civil union declaration must include the spouses’ identifying details, the solemnization details, the parents’ names, and the witnesses’ names; if applicable, it must also note a publication dispensation and the officiant’s details.

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The officiant, the spouses and the witnesses must sign the declaration.

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A physician or nurse who determines that a death has occurred must draw up an attestation of death and provide copies as required.

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If death cannot be attested by a physician or nurse within a reasonable time and death is obvious, two peace officers may draw up the attestation of death.

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124. An attestation states the name and sex of the deceased and the place, date and time of death. 1991, c. 64, a. 124.

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A death declaration must be made without delay to the registrar of civil status, usually by the deceased’s spouse, close relative, marriage or civil-union connection, or another person who can identify the deceased.

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A declaration of death records specified identity and death details about the deceased.

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If the date and time of death are unknown, the registrar of civil status must establish them using a coroner’s report and circumstances-based presumptions. If the place of death is unknown, it is presumed to be the place where the body was discovered.

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If the deceased’s identity is unknown, the attestation must include a description of the body and an account of the circumstances of discovery.

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Certain officials must notify the registrar of civil status after specified judgments, certificates, or declarations, and the registrar must then make the required entries.

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129.1. Any person may apply to have the designation “father”, “mother” or “parent” appearing in their child’s act of birth correspond to the designation of sex appearing in their act of birth or, at their choice, to have the designation

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If a birth, marriage, civil union, or death in Québec is not declared or is declared inaccurately or late, the registrar of civil status must investigate, prepare the act, and enter it in the register. A late declaration that adds to an earlier one may be used to alter the act with consent, subject to extra conditions for filiation cases.

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An act of civil status may not be drawn up when the declaration and attestation contain contradictory particulars essential to a person’s status unless the court authorizes it.

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A new act of civil status may be drawn up for an interested person in specified cases, and the registrar may require signatures to complete it.

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132.0.1. An Aboriginal customary adoption certificate states the name and sex of the child, the place, date and time of birth, the date of the adoption, the names, dates of birth and places of domicile of the father and mother or of the

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If a child adopted by a Québec-domiciled person is domiciled outside Québec, the registrar of civil status draws up the act of birth on specified adoption documents; other officials must notify the registrar and, in some cases, attach documents.

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The court clerk must notify the registrar of civil status when the judgment becomes final. After receiving the judgment, the registrar must either enter the recognized act of birth in the civil status register or draw up the act of birth from the recognized foreign decision, with the required particulars.

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If a declaratory judgment of death is notified to the registrar of civil status, the registrar must draw up the act of death and include the particulars in accordance with the judgment.

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133.1. Where a court has found a person guilty of acts having caused the death of a missing person or the disappearance of a deceased person’s body, any interested person may declare the death of the absentee to the registrar of civil

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The registrar of civil status must note marriages or civil unions in the act of birth, and note deaths in the act of birth and in the act of marriage or civil union.

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The registrar of civil status must record certain divorce, civil-union, marriage, and nullity judgments or declarations in the relevant acts and register entries.

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The registrar of civil status must record specified judgment details in an act, or otherwise make notations that allow retrieval of the altering act.

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The registrar of civil status must enter certain outside-Québec civil status acts in the register and note when outside-Québec acts remain semi-authentic until a Québec court recognizes their validity.

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If there is doubt about the validity of an act of civil status or a juridical act drawn up outside Québec, the registrar of civil status may refuse to act until a Québec court recognizes the document’s validity.

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The registrar of civil status may not draw up an act of civil status or make a notation in one already held unless the court authorizes it, where the act was drawn up outside Québec and has been lost or destroyed or no copy can be obtained.

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