Civil Code of Québec, 1991

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A lessor must not prohibit specified election candidates or delegates from accessing the immovable or dwelling for election campaigning or a referendum under an Act.

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A lessee has a personal right to keep occupying the leased dwelling and generally cannot be evicted, except where the law allows it.

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A new lessor cannot resiliate the lease after an immovable with a dwelling is alienated or the lessor’s title ends.

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Certain qualifying people may keep living in the dwelling and become the lessee if they keep occupying it and notify the lessor on time; if they do not use the right after the lessee’s death, the succession representative or an heir may end the lease with notice.

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After the lessee’s death, the liquidator or, if there is none, an heir may end the lease by giving the lessor two months’ notice within six months, and must pay only the rent for personal services that were provided while the lessee was alive.

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A sublessee of a dwelling cannot keep occupancy, and the sublease ends no later than the lease end date.

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A lessee with a fixed-term lease and a right to maintain occupancy is entitled to have the lease renewed at term.

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The lessor may change lease conditions at renewal, but only with advance notice to the lessee.

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1943. Every notice of modification shall inform the lessee of his rights and remedies set out in articles 1945 and 1947 and shall contain any particular prescribed by regulation. A notice to modify the term of the lease shall indicate the

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The lessor may avoid renewal of a lease if the dwelling has been subleased for more than 12 months, or if the lessee has died and no one lived with the lessee at the time of death.

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A lessee of a dwelling subleased for more than 12 months must notify the lessor within one month after receiving the notice referred to in article 1944, saying either that he refuses to terminate the lease or that he is vacating the dwelling.

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A lessee who objects to a proposed lease modification must notify the lessor within one month after receiving the modification notice, or be deemed to have agreed to renewal on the lessor’s proposed conditions.

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A lessee who has not received a notice of modification from the lessor may avoid renewal of a fixed-term lease or end an indeterminate-term lease by giving notice to the lessor on time.

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If a lessee objects to a proposed lease modification, the lessor may apply to court within one month; if the lessor does not apply in time, the lease renews automatically on the same terms.

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An heir or the liquidator of a deceased lessee’s succession may challenge a lessor’s notice to avoid renewal of the lease within one month, or else is treated as having agreed to end the lease.

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If a lease provides for rent adjustment, the parties may apply to court to contest whether the proposed or agreed adjustment is too high or too low and to have the rent fixed.

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A new lessee or sublessee may ask the court to fix the rent if the rent is higher than the lowest rent paid in the previous 12 months, subject to specific time limits.

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A person entitled by law to maintain occupancy and become a lessee after cohabitation ends or the lessee dies is not treated as a new lessee.

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If the court authorizes a lease-condition modification, it must fix the dwelling’s rent.

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When the court is hearing an application to fix or adjust rent, it must consider the standards set by regulation.

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If the lease term is over 12 months, the lessor may ask for rent to be fixed annually, and the application must be filed at least three months before each 12-month period ends.

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A lessor or lessee cannot ask the court to fix rent or change lease terms for a dwelling leased by a housing cooperative, and similar rent-fixing remedies are barred for certain recently built or recently converted rental dwellings for five years. These restrictions must be stated in the lease, with an extra maximum-rent statement required for the second category.

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After a change of destination in certain seniors’ dwellings, the first new lease must use the previous rent minus services no longer provided, though the lessor may adjust rent under the regulations.

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A lessor or lessee of a dwelling in low-rental housing may not apply to fix the rent or change other lease conditions unless the type of lease’s specific rules allow it.

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A lessor who owns a dwelling may repossess it to use it as a residence for the lessor, certain close relatives, or a spouse in specified separation or divorce situations.

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An owner of an undivided share of an immovable may not repossess a dwelling in the immovable unless the only other owner is that owner’s spouse.

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The lessor of a dwelling may evict the lessee to subdivide the dwelling, enlarge it substantially, or change its destination.

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A lessor may not repossess a dwelling or evict a lessee who meets the age, occupancy, and income conditions, except in three stated cases. The Société d’habitation du Québec must publish the relevant maximum income thresholds on its website.

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A lessor may not evict a lessee solely because of a change of destination unless the lessor first made the required offer in time and the lessee refused it.

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A lessor must give the lessee advance notice before repossessing a dwelling or evicting a lessee, with the notice period depending on the lease term.

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A repossession notice must state the moving date, beneficiary, and any required relationship details; an eviction notice must state the reason and date, and both notices must include the content of article 1959.1.

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A lessee receiving a notice of repossession or eviction must tell the lessor within one month whether they intend to comply.

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If the lessee refuses to vacate the dwelling, the lessor may repossess or evict only with court authorization.

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The lessor may not repossess the dwelling without the lessee’s consent if the lessor owns another comparable dwelling that is vacant or offered for rent on the repossession date.

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A lessor must pay an evicted lessee moving expenses and an indemnity based on the lease length, subject to minimum and maximum rent limits.

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Section 1966 is repealed.

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If a court authorizes repossession or eviction, it may impose just and reasonable conditions.

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The lessee may recover damages for repossession or eviction, unless the lessor proves it was in good faith.

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A lease is renewed if the lessor does not repossess or evict on the fixed date, and the lessee keeps occupying the dwelling with the lessor’s consent. The lessor may then ask the court to fix a new rent within one month.

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A dwelling repossessed or evicted cannot be leased or used for a different purpose unless the court authorizes it.

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The lessor may obtain resiliation of the lease if the lessee is more than three weeks late in paying rent, or if the lessee is frequently late and the lessor suffers serious injury as a result.

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The lessor or lessee may apply to end the lease if the dwelling becomes unfit for habitation.

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If either party applies to end the lease, the court may grant immediate resiliation or order the debtor to perform obligations within a court-set period, unless rent is more than three weeks overdue.

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1974. A lessee may resiliate the current lease if he or she is allocated a dwelling in low-rental housing or, because of a decision of the court, the lessee is relocated in an equivalent dwelling corresponding to his or her needs; the

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A lessee may end the current lease if violence threatens the safety of the lessee or a child living in the dwelling.

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A lease ends automatically if the lessee abandons the dwelling without reason and takes movable effects, and it may also end if the dwelling is unfit for habitation and the lessee leaves without notifying the lessor.

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An employer or employee may end a lease tied to employment, but must give one month’s prior notice unless the contract says otherwise.

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If the court refuses resiliation and decides after the renewal-avoidance period, the lease is renewed by operation of law; the lessor may apply within one month after the final decision to have the rent fixed.

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When the lease ends or the tenant leaves, the tenant must leave the dwelling free of movable items except the landlord’s property.

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If a notice of assignment concerns a lease of a dwelling, it must state the assignment date fixed by the lessee.

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A lessor may refuse consent to a lease assignment if notice was given, except for the serious-reason ground referenced in article 1871; if refusal is for another reason, the lease is resiliated on the assignment date stated in the lessee’s notice.

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A lessee who assigns a lease may not exact consideration.

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A lessee who subleases a dwelling must not charge more than the rent paid to the lessor, apart from service costs and reasonable expenses for movable property owned by the lessee.

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Some student tenants may keep occupying their dwelling while enrolled full-time, with exceptions.

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A student who wants to keep occupancy must give notice to renew the lease, and the notice timing depends on the type of dwelling.

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A student leasing from an educational institution may not sublease or assign the lease. Another tenant covered by this section may sublease or assign only with the owner’s consent.

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An educational institution or recognized owner may end the lease of a person who stops being a full-time student, but must give one month’s prior notice. The notice may be contested on its merits within one month after receipt. A student who leases a dwelling from an educational institution may also end the lease similarly.

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A student’s lease of a dwelling from an educational institution ends automatically when the student ends studies or stops being enrolled.

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A lessee under an older lease keeps the right to maintain occupancy, even if they are pursuing studies.

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1984. A dwelling situated in low-rental housing owned or administered by the Société d’habitation du Québec or by a legal person whose operating expenses are met, in whole or in part, by a subsidy from the Société d’habitation du Québec,

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A lessor of low-rental housing must keep an up-to-date lease-application register and eligible-person list, and must offer a vacant dwelling to a person on that list subject to the by-laws.

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1986. If a lessor refuses to enter the application of a person in the register or to enter his name on the list of eligible persons, the person may apply to the court within one month after the refusal for a review of the decision. A

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If a lessor gives a dwelling to someone other than the person entitled under the by-laws, the entitled person may ask the court to review the decision within one month.

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If a low-rental dwelling was allocated because of the lessee’s misrepresentation, the lessor may apply to court within two months of learning of it.

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A lessee occupying a dwelling in the wrong category may ask the lessor to re-enter the lessee’s name on the eligible list, and may apply to court if the lessor refuses or lists the dwelling in another category.

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The lessor may relocate a lessee occupying the wrong category of dwelling if three months’ notice is given.

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A person with a right to maintain occupancy loses the automatic right to lease renewal if they stop cohabiting with the lessee, the lessee dies, and they no longer meet the by-law allocation conditions.

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A lessor who gives notice of a rent increase does not have to state the new rent or the amount of the increase, and the lessee does not have to reply. If the rent was not fixed under the Société d’habitation du Québec by-laws, the lessee may ask the court to review it within two months after the rent is fixed.

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A lessee may ask the court to rule on a lease term or other modified condition within one month after notice; if not, consent is deemed. A person with a right to maintain occupancy may also contest a lease resiliation before the court, or agreement is deemed.

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A lessor must reduce rent on a lessee’s request if the lessee has had an income reduction or a change in household composition, while the lease is running and according to the Société d’habitation du Québec by-laws.

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A lessee of low-rental housing may not sublease the dwelling or assign the lease, but may end the lease at any time by giving three months’ notice to the lessor.

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The lessor of land for a mobile home must deliver the land and keep it in line with legally established land use standards.

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The lessor may not require the lessee’s mobile home to be moved by the lessor.

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The lessor may not restrict a lessee’s rights to replace, sell, or lease a mobile home, or control who acts as the lessee’s mandatary for those transactions. If the lessee sells the mobile home, the lessee must notify the lessor of the land immediately.

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The lessor may not require money from the lessee because of the alienation or lease of the mobile home, unless acting as the lessee’s mandatary for that alienation or lease.

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An acquirer of a mobile home on leased land becomes the land’s lessee unless they notify the lessor within one month that they intend to leave.

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Affreightment is a contract where the lessor, for freight, places all or part of a ship at the charterer’s disposal for navigation.

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The charterer must pay freight.

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If the lessor has not been paid when the cargo is discharged from the ship, the lessor may retain the property carried until payment.

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2004. General average is governed by conventional maritime rules and customs, at the place and time the contract is entered into. 1991, c. 64, a. 2004; I.N. 2014-05-01.

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The charterer may subcharter the ship with the lessor’s consent or use it for carriage under bills of lading, but remains liable to the lessor for obligations under the contract of affreightment.

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For certain freight and subcharter contracts, the prescription period for an action starts at the specified ending event for the contract or voyage.

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A bareboat charter is defined as a contract where a lessor gives a ship to a charterer for a fixed time and transfers nautical and commercial management.

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The lessor must deliver the ship in seaworthy condition and fit for its intended service at the agreed place and time.

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2009. The charterer may use the ship for any purpose consistent with the ship’s normal destination, but the lessor may, in the contract, impose restrictions as to that use. 1991, c. 64, a. 2009; I.N. 2014-05-01; 2016, c. 4, s. 222.

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2010. The charterer may use the ship’s stores and equipment. He insures the ship and bears all operating costs. He hires and maintains the crew. 1991, c. 64, a. 2010.

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The charterer must warrant the lessor against claims by third persons arising from the ship’s operation.

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The charterer must maintain the ship and make necessary repairs and replacements. The lessor must make repairs and replacements caused by inherent defects that appear within one year after delivery to the charterer.

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At the end of the contract, the charterer must redeliver the ship where and how it was delivered, and must also return stores, provisions, and equipment in the same quantity and quality received.

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A time charter is a contract where a lessor puts a fully equipped and crewed ship at a charterer’s disposal for a fixed time.

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The lessor must deliver the ship seaworthy, properly manned and equipped, at the agreed place and time.

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The charterer must pay the ship’s operating costs, including wharfage, pilotage, and canal dues, and must buy and pay for fuel when delivery occurs and afterward supply fuel of a grade that keeps the ship working properly.

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The master of a ship must follow the charterer’s instructions on commercial management, but only within the contract’s limits.

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The charterer must indemnify the lessor for loss or damage to the ship caused by its commercial operation, except fair wear and tear.

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Freight starts running when the ship is delivered to the charterer, and it is payable until the ship is redelivered to the lessor, except for periods when the ship’s working is impeded by superior force or by a cause attributable to a third person or the lessor.

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The charterer must redeliver the ship at the agreed place and time and give reasonable prior notice to the lessor. If no redelivery place was agreed, the ship is redelivered where it was originally delivered.

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A voyage charter is a contract where a lessor places a fully equipped and manned ship at a charterer’s disposal for cargo carriage on specified voyages, while keeping nautical and commercial management of the ship.

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The lessor must present the ship seaworthy, properly manned and equipped, at the agreed place and time, and must keep it seaworthy and use due diligence to prosecute the voyage.

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The lessor is responsible for loss of or damage to property received on board, within the contract limits, but may avoid that liability by proving the damage was not caused by his failure to perform obligations.

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2024. The charterer is bound to load cargo of the agreed quality in the agreed quantity; if he does not, he is nevertheless bound to pay the stipulated freight. The charterer may, however, resiliate the contract before loading begins; in

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The charterer must load and discharge the cargo within the contract time, or if no time is set, within a reasonable time or according to the custom of the port.

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The loading or discharging time starts when the lessor tells the charterer the ship is ready, after the ship has arrived at the port.

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If loading or discharging takes longer than allowed for reasons not attributable to the lessor, the charterer must pay demurrage starting when the allowed time expires.

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Freight is payable when the voyage is completed, but if completion becomes impossible, the charterer pays only if the cause is not attributable to the lessor.

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If superior force makes the voyage impossible before it begins, the contract is ended and neither side can claim damages.

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A contract of carriage is a contract where the carrier agrees to carry a person or property from one place to another, and the passenger, shipper, or receiver agrees to pay the price at the agreed time.

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This section defines “successive carriage” and “combined carriage” based on how several carriers transport goods in succession.

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Gratuitous carriage is generally outside this chapter, except when a carrier offers services to the public in the ordinary course of business; in that case, the carrier is bound only by prudence and diligence.

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A carrier serving the general public must carry requested passengers and property unless there is serious cause to refuse, and passengers, shippers, or receivers must follow the carrier’s instructions as required by law.

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2034. A carrier may not exclude or limit his liability except to the extent and subject to the conditions established by law. He is bound to make reparation for injury resulting from delay, unless he proves superior force. 1991, c. 64, a.

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If a carrier entrusts another carrier with all or part of its obligation, the substitute carrier is treated as a party to the contract. Payment to one carrier discharges the shipper.

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Carriage of persons includes embarking and disembarking operations, as well as the carriage itself.

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A carrier must take passengers safely to their destination and must make reparation for passenger injury, subject to stated exceptions.

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A carrier is generally liable for loss of baggage or effects in its care, but not if it proves superior force, an inherent defect, or the passenger’s fault.

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In successive or combined carriage of persons, the carrier in whose carriage the injury occurs is liable, unless a carrier has expressly agreed to take liability for the whole journey.

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Carriage of property runs from when the carrier receives the property into his charge until delivery.

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A bill of lading is a written document that evidences a contract for the carriage of property.

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When a bill of lading is issued in several copies, the carrier keeps one copy, gives one to the shipper, and another copy accompanies the property to its destination.

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2043. A bill of lading is not negotiable, unless otherwise provided by law or by the contract. Negotiation of a negotiable bill of lading is effected by endorsement and delivery, or by mere delivery if the bill is made to bearer. 1991, c.

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The carrier must deliver the property to the receiver or the bill of lading holder, and the bill of lading holder must hand it over to the carrier when the carrier asks for delivery of the property.

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Subject to the shipper’s rights, a receiver who accepts the property or the contract acquires the contract rights and takes on the contract obligations.

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The carrier must notify the receiver when the property arrives and tell the receiver how long it may be kept before removal, unless the property is delivered to the receiver’s residence or premises.

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If the receiver cannot take delivery, the carrier must notify the shipper without delay and request instructions; in an emergency, the carrier may dispose of perishable property without notice.

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After the removal period expires or the shipper is notified, the carrier’s obligations become those of a gratuitous depositary.

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The carrier must carry the property to its destination and must make reparation for injury from the carriage unless the carrier proves superior force, an inherent defect in the property, or natural shrinkage.

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A damages action against a carrier runs from delivery or the date delivery should have occurred, and the action is not admissible unless written notice is given within the stated time limits.

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For successive or combined carriage of property, a liability action may be brought against the carrier that made the contract or the last carrier.

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A carrier’s liability for loss may not exceed the value declared by the shipper.

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A carrier is not bound to carry documents, money, or property of great value.

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A shipper who gives a carrier dangerous property without first disclosing its exact nature must indemnify the carrier for resulting injury, and must also pay storage charges and bear the attached risks.

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The shipper must make reparation to the carrier for injury caused by an inherent defect in the property or by errors in the shipper’s declarations.

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Freight and carriage charges must be paid before delivery unless the bill of lading says otherwise.

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If freight is payable on delivery, the carrier must not release the property until payment is received. The shipper pays the charges unless the bill of lading says otherwise.

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2058. The carrier may retain the property carried until the freight, the carriage charges and any reasonable storage charges are paid. If, according to the shipper’s instructions, those amounts are payable by the receiver and the carrier

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This section applies to carriage of property by water when the ports of departure and destination are in Québec, unless the parties agree otherwise.

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2060. Carriage of property extends from the time the carrier receives the property into his charge until its delivery. 1991, c. 64, a. 2060.

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Freight must be paid by the shipper, or by the receiver if the receiver takes delivery of goods for which freight is payable on arrival.

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2062. The shipper shall present the property at the time and place fixed by agreement between the parties or according to the custom of the port of loading, failing which he shall pay to the carrier an indemnity equal to the injury he

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The carrier must use diligence at the start of the voyage, and even before it begins, to make the ship seaworthy and ensure areas for loading and keeping property are fit and safe.

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The carrier must handle, carry, keep custody of, and discharge the property in an appropriate manner.

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At the shipper’s request, the carrier must issue a bill of lading based on the shipper’s declarations.

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The shipper must warrant the accuracy of shipment declarations and may be liable for injury the carrier suffers from inaccurate declarations.

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If the shipper knowingly misstates the nature or value of the property, the carrier is not liable for any loss.

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Removing the property creates a presumption about its condition unless the receiver gives written notice of loss on time.

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If there is actual or apprehended loss concerning the property, the carrier and the receiver must give each other facilities to inspect and tally the parcels.

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A contract term that relieves the carrier or lessor from making reparation for damage caused by loss of carried property is null, except for live animals and certain deck-stowed property.

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The carrier is liable for loss of the property carried from the time it takes charge of it until delivery.

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A carrier is not liable for loss of property if the loss results from the listed causes, subject to the fire exception.

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The shipper is not liable for injury to the carrier or damage to the ship unless it was caused by the shipper’s fault or that of the shipper’s subordinates.

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2074. The carrier is liable for any loss with respect to the property carried, up to the sum fixed by government regulation, unless a higher indemnity has been fixed by agreement between him and the shipper. He may be held liable in excess

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No freight is payable for property lost because of sea perils or the carrier’s negligence in making the ship seaworthy.

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A carrier may land, destroy, or render innocuous dangerous property in a specified circumstance; the shipper is liable for resulting injury and disposal costs.

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A carrier may land, destroy, or render innocuous dangerous property shipped with its knowledge and consent if it becomes a danger to the ship or cargo.

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If superior force prevents or delays the ship’s sailing so carriage can no longer be usefully carried out for the shipper without risking liability to the carrier, the contract is resolved and neither side may claim damages.

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An action against the carrier, shipper, or receiver under a contract of carriage is prescribed by one year.

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The handling contractor is responsible for loading and discharging operations, including necessary work before and after those operations.

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2081. The handling contractor acts on behalf of the person who hired his services and is liable only to that person, who alone has an action against him. 1991, c. 64, a. 2081.

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A handling contractor may be called on, on behalf of the carrier, shipper, or receiver, to receive and tally cargo onshore and keep custody of it until loading; the contractor may also receive and tally discharged property and keep and deliver it.

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The handling contractor may be relieved from liability for loss of property on the same grounds as the carrier, but the plaintiff can still prove the contractor or subordinates were at fault.

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A clause that relieves the handling contractor from liability, shifts his burden of proof, lowers his liability below the regulatory amount, or assigns insurance benefits to him cannot be set up against the shipper or receiver.

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