Civil Code of Québec, 1991

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The clerk of the court must send a copy of the judgment to the relevant authority without delay, and that authority must publish notice of the judgment in the Gazette officielle du Québec.

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Certain legal persons are subject to this chapter, and they may make by-law derogations about functioning if members’ rights are safeguarded.

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The board of directors manages the legal person’s affairs and may create management positions, create other organs, delegate certain powers, and adopt and implement management by-laws.

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Board decisions are made by a majority vote of the directors.

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Directors are liable for board decisions unless they recorded their dissent; an absent director is presumed not to have approved the decisions.

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The members designate the directors of a legal person, and a person cannot be designated as a director without express consent.

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339. The term of office of directors is one year; at the expiry of that period, their term continues unless it is revoked. 1991, c. 64, a. 339.

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Directors must fill board vacancies.

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If the board cannot act by the required majority or proportion because of an impediment or some directors’ systematic opposition, the others may act alone for conservatory acts, and with court authorization for acts needing immediate action.

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The board of directors must keep the members’ list and the books and registers needed for the legal person’s proper functioning. Members have access to the documents, which are the legal person’s property.

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The board of directors may designate a person to keep the legal person's books and registers, and that person may issue copies of deposited documents.

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344. If all the directors are in agreement, they may participate in a meeting of the board of directors by the use of a means which allows all those participating to communicate directly with each other. 1991, c. 64, a. 344.

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The board of directors must convene the general meeting each year within six months after the financial period ends. The first general meeting must be held within six months after the legal person is constituted.

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346. The notice convening the annual general meeting indicates the date, time and place of the meeting and the agenda; it is sent to each member qualified to attend, not less than 10 but not more than 45 days before the meeting. Ordinary

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347. The notice convening the annual general meeting is accompanied by the balance sheet, the statement of income for the preceding financial period and a statement of debts and claims. 1991, c. 64, a. 347; I.N. 2014-05-01.

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At a general meeting, business is limited to agenda items unless all members entitled to be convened are present and consent. At an annual meeting, each member may raise any question of interest to the legal person or its members.

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General meeting proceedings are invalid unless a majority of qualified voting members are present or represented.

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A member may be represented at a general meeting if he has given a written mandate for that purpose.

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351. Decisions of the meeting are taken by a majority of the votes cast. The vote of the members is taken by a show of hands or, upon request, by secret ballot. 1991, c. 64, a. 351; I.N. 2014-05-01.

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Members holding 10% of the votes may require the directors or secretary to call a general meeting, and may themselves call it if no action is taken within 21 days after notice. The legal person must reimburse useful meeting expenses unless the meeting decides otherwise.

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The directors or the members may waive the notice for a board, general, or other organ meeting.

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Written resolutions signed by all persons qualified to vote are as valid as if passed at a board, general, or other organ meeting.

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A legal person is dissolved if its constituting act is annulled, if the act or law provides another cause, or if a court confirms specified conditions or legitimate causes.

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A legal person may be dissolved if two-thirds of votes cast at a general meeting consent, and the meeting notice must be sent 30 to 45 days before the meeting and not at an inopportune moment.

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A legal person’s juridical personality continues for liquidation.

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Directors must notify the enterprise registrar of a dissolution and appoint a liquidator; if the entity is a syndicate of co-owners, they must also register the notice in the land register.

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Notice of a liquidator’s appointment, or its revocation, must be filed in the same place and manner as a notice of dissolution.

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The liquidator controls the legal person’s property and may require documents and explanations from the directors and members about the legal person’s rights and obligations.

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The liquidator must pay debts, reimburse capital contributions, then distribute the remaining assets among members under the stated rules.

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The liquidator must keep the legal person’s books and records for five years after the liquidation closes, and longer if they are needed as evidence in proceedings.

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If a liquidation is still unfinished after five years from the notice of dissolution, the Minister of Revenue may carry it on unless the liquidator gets a court extension.

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Liquidation of a legal person is closed by filing a notice of closure, in the same place and manner as the notice of dissolution.

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Marriage must be contracted openly, in the presence of two witnesses, before a competent officiant.

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Several specified people are competent to solemnize marriages, including designated court clerks, authorized notaries, designated persons in a defined territory, and certain ministers of religion who meet stated conditions.

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A minister of religion cannot be forced to solemnize a marriage if there is an impediment under the minister’s religion and the discipline of the religious society they belong to.

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Publication of marriage notice must be posted on the registrar of civil status website for 20 days before the marriage date fixed for solemnization.

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The publication must include the spouses’ names, domicile, birth details, scheduled solemnization date, and officiant name; a full-age witness confirms the particulars; the Minister of Justice sets the other publication rules; and the registrar of civil status must ensure the officiant is competent when the notice is received.

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The registrar of civil status may grant a dispensation from publication for a serious reason on application by the intended spouses and the officiant.

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If a marriage is not solemnized within three months from the twentieth day after publication, the publication must be renewed.

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Any interested person may oppose a marriage involving persons incapable of contracting it; a minor may oppose a marriage alone and may also act alone as a defendant.

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Before a marriage is solemnized, the officiant must verify the spouses’ identity, legal conditions, and required formalities. For minors, the officiant must also verify court authorization.

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The officiant must read articles 392 to 396 to the intended spouses, and must ask each intended spouse personally for a declaration that they wish to take each other as husband and wife.

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The officiant must draw up the declaration of marriage and send it to the registrar of civil status within 30 days after the solemnization.

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Specified officials solemnize marriages and collect related duties or fees from the intended spouses.

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The Minister of Justice’s marriage-solemnization rules apply to persons authorized by the Minister to solemnize marriages, to the extent the Minister determines.

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The Minister of Justice determines by regulation what measures may be taken if an officiant does not comply with the rules for solemnizing marriages.

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The Minister of Justice must keep the registrar of civil status informed about certain authorizations, designations, and revocations relating to officiants who may solemnize marriages, unless that power has already been delegated to the registrar.

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Marriage is proved by an act of marriage, unless the law authorizes another mode of proof.

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379. Possession of the status of spouses compensates for a defect of form in the act of marriage. 1991, c. 64, a. 379.

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A marriage may be declared null if it was not solemnized as required and any necessary formation conditions were not met.

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A marriage’s nullity does not take away children’s legal benefits, and it does not change the rights and duties of fathers and mothers, or parents, toward their children.

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If a marriage is declared null, it still has effects for spouses who acted in good faith.

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If the spouses were in bad faith, each spouse takes back their own property.

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If only one spouse acted in good faith, that spouse may recover their property or seek liquidation of the patrimonial rights arising from the marriage.

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Spouses in good faith are entitled to gifts made in consideration of marriage, subject to article 386.

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386. The nullity of the marriage renders null the gifts inter vivos made in consideration of the marriage to a spouse in bad faith. It also renders null the gifts mortis causa made by one spouse to the other in consideration of the

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A spouse is presumed to have married in good faith unless the court, when declaring the marriage null, declares that spouse to be in bad faith.

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388. The court decides, as in proceedings for separation from bed and board, as to the provisional measures pending suit, the custody, maintenance and education of the children and, in declaring nullity, it decides as to the right of a

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A marriage nullity generally extinguishes the spouses’ right to claim support, unless the court orders support or reserves that right.

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If the court has awarded support or reserved the right to claim support, it may declare that right extinguished after the marriage is annulled.

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Spouses may not derogate from the provisions of this chapter, regardless of their matrimonial regime.

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Spouses in marriage have the same rights and obligations.

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In marriage, both spouses keep their own names and exercise their civil rights under those names.

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The spouses together are responsible for the family’s moral and material direction, parental authority, and related tasks.

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Spouses choose the family residence together.

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Spouses must contribute to the expenses of the marriage in proportion to their means.

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A spouse who contracts for the family’s current needs binds the other spouse too, unless they are separated from bed and board; the non-contracting spouse is not liable if they previously told the other party they would not be bound.

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Either spouse may give the other a mandate to be represented in acts relating to the moral and material direction of the family; the mandate is presumed if a spouse cannot express a will in time.

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A court may authorize either spouse to act alone when the other spouse’s consent is unavailable or unjustifiably refused.

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If spouses disagree about exercising their rights or performing their duties, either spouse may apply to court.

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Neither spouse may, without the other spouse’s consent, alienate, hypothecate, or remove household-use movable property from the family residence.

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A spouse who did not consent to or ratify an act about household movable property may apply to have it annulled, but not if it was an onerous-title act and the other party was in good faith.

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A spouse who is the lessee of the family residence cannot sublet, transfer the right, or terminate the lease without the other spouse’s written consent, when the lessor has been notified that the dwelling is used as the family residence.

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A spouse who owns a small family-residence immovable cannot sell, encumber, or lease the family-use portion without the other spouse’s written consent.

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A spouse who owns a qualifying immovable used as a family residence cannot alienate it or lease the family-use part without the other spouse’s written consent.

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The usufructuary, emphyteuta, and user are subject to articles 404 and 405. A spouse may not dispose of rights held under another title for the family residence without the other spouse’s consent.

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407. The declaration of family residence is made by both spouses or by either of them. It may also result from a declaration to that effect contained in an act intended for publication. 1991, c. 64, a. 407.

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A spouse who did not consent to an act that required consent may claim damages from the other spouse or from another person whose fault caused the injury.

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If spouses are separating, divorcing, or seeking nullity of marriage, the court may award the family residence lease to the lessee’s spouse on application by either spouse.

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The court may, in certain marriage breakdown cases, award one spouse or the surviving spouse ownership or use of the other spouse’s movable household property, and may also award use of the family residence to the spouse given child custody. The spouse is exempt from giving security and making an inventory unless the court decides otherwise.

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411. The award of the right of use or ownership is effected, failing agreement between the parties, on the conditions determined by the court and, in particular, on condition of payment of any equalizing sum, all at once or by

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412. Judicial award of a right of ownership is subject to the provisions relating to sale. 1991, c. 64, a. 412.

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413. A judgment awarding a right of use or ownership is equivalent to title and has the effects thereof. 1991, c. 64, a. 413.

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414. Marriage entails the establishment of a family patrimony consisting of certain property of the spouses regardless of which of them holds a right of ownership in that property. 1991, c. 64, a. 414.

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Section 415 defines the family patrimony and lists property included in it, subject to specific exclusions.

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416. In the event of separation from bed and board, or the dissolution or nullity of a marriage, the value of the family patrimony of the spouses, after deducting the debts contracted for the acquisition, improvement, maintenance or

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The net value of the family patrimony is determined using the property’s value and related debts, generally as of the spouse’s death or the court action date, and the property is valued at market value.

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418. Once the net value of the family patrimony has been determined, a deduction is made from it of the net value, at the time of the marriage, of the property then owned by one of the spouses that is included in the family patrimony;

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Family patrimony partition is made by giving in payment or by payment in money.

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At partition, the court may award certain property to one spouse and may order the debtor spouse’s obligation to be paid by instalments for up to 10 years.

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If family-patrimony property was alienated or misappropriated before a spouse’s death or certain proceedings, the court may order a compensatory payment to the spouse who would have benefited.

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On application, the court may make an exception to equal partition and order no partition of certain registered earnings if partition would be unjust.

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423. The spouses may not, by way of their marriage contract or otherwise, renounce their rights in the family patrimony. A spouse may, however, from the death of the other spouse or from the judgment of divorce, separation from bed and

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A spouse’s notarial renunciation of partition of the family patrimony may be annulled.

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The body that administers the plan must partition the earnings registered in each spouse’s name under the Québec Pension Plan or a similar plan, following the applicable Act, unless that Act has no partition rules.

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Pension benefits between spouses, or for their benefit, may be transferred and seized for family patrimony partition, but the partition cannot reduce the original holder below half of accrued value or give the beneficiary more than the holder has under the plan.

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A court may order one spouse to pay the other a compensatory allowance in certain family-law proceedings, including on death, and may take account of matrimonial and succession advantages.

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The cooperating spouse may present evidence to prove a contribution to the enrichment of the other spouse’s patrimony.

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If a compensatory allowance is payable and the parties do not agree, the court fixes the amount.

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One spouse may agree with the other spouse during the marriage to make a partial payment of the compensatory allowance.

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Any kind of stipulation may be included in a marriage contract, but only subject to mandatory legal provisions and public order.

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Spouses who have not fixed their matrimonial regime in a marriage contract before marriage are subject to the partnership of acquests.

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The parties may not agree to make their matrimonial regime, or a change to it, effective on any date other than the date stated in the section.

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A minor authorized to marry may, before the marriage is solemnized, make matrimonial agreements if the court authorizes it.

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Only the minor or the persons who had to be summoned to give their advice may impugn an agreement not authorized by the court, and not after one year has elapsed since the marriage was solemnized.

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A full-age person under tutorship or a protection mandate may not make matrimonial agreements without the help of the tutor or mandatary.

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Intended spouses may change their matrimonial agreements before the marriage is solemnized, if all parties to the marriage contract are present and consent, and the changes are made by marriage contract.

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During marriage, spouses may change their matrimonial regime and marriage contract terms by marriage contract. Gifts in marriage contracts may also be changed if all interested persons consent. A creditor injured by such a change may seek a declaration against it within one year of learning of the change.

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Children to be born are represented by the spouses for modifying or cancelling certain gifts made by the marriage contract, before or during the marriage.

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Marriage contracts must be made by a notarial act en minute, or they are absolutely null.

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A notary who executes a marriage contract that changes a previous contract must immediately notify the relevant depositaries, and the depositary must record the change on the contract and any copy, with specified details.

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A notice of every marriage contract must be entered in the register of personal and movable real rights when the officiating notary requests it.

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Either spouse may authorize the other spouse by mandate to act in the exercise of rights and powers under the matrimonial regime.

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If one spouse cannot express a will, or cannot do so in time, the court may authorize the other spouse to administer that spouse’s property, and it sets the terms of that power.

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The court may declare a judicial mandate withdrawn when it is established that it is no longer necessary.

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A spouse who has administered the other spouse’s property is accountable for consumed fruits and revenues, even before default for failing to render an account.

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If one spouse exceeds the matrimonial regime’s powers and the other has not ratified the act, that spouse may ask for the act to be declared null.

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448. The property that each of the spouses possesses when the regime comes into effect or that each subsequently acquires constitutes acquests or private property according to the rules that follow. 1991, c. 64, a. 448; I.N. 2014-05-01;

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449. The acquests of each spouse include all property not declared to be private property by law, and, in particular, (1) the proceeds of that spouse’s work during the regime; (2) the fruits and income due or collected from all that

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450. The private property of each spouse consists of (1) property owned or possessed by that spouse when the regime comes into effect; (2) property which devolves to that spouse during the regime by succession or gift, and the fruits and

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Property acquired with a mix of private property and acquests is classified as private property if the private property used is worth more than half the acquisition cost; otherwise it is an acquest, in both cases subject to compensation.

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If a spouse already co-owns property as private property and acquires another part during the regime, the acquired part remains private property, unless the acquests used for the purchase reach at least half of the property’s total value, in which case the property becomes an acquest, subject to compensation.

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A spouse’s right to support, a disability pension, or a similar benefit remains that spouse’s private property.

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A spouse’s damages and compensation for moral or bodily injury are private property, and the same applies to rights and compensation from an insurance contract or other indemnification scheme, subject to the no-compensation rule for premiums or amounts paid with acquests.

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Some property attached to private property remains private, unless specific acquest/value conditions make the whole become an acquest subject to compensation.

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456. Securities acquired by the effect of a declaration of dividends on securities that are the private property of either spouse remain that spouse’s private property, saving compensation. Securities acquired by the effect of the exercise

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Income reinvested in a spouse’s private enterprise generally stays private property, but compensation may be due unless the reinvestment was necessary to maintain the enterprise’s income.

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Intellectual and industrial property rights are private property, but the fruits and income from them collected or falling due during the regime are acquests.

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459. All property is presumed to constitute an acquest, both between the spouses and with respect to third persons, unless it is established that it is private property. 1991, c. 64, a. 459.

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460. Any property that a spouse is unable to prove to be his or her exclusive private property or acquest is presumed to be held by both spouses in undivided co-ownership, one-half by each. 1991, c. 64, a. 460; 2016, c. 4, s. 55.

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Each spouse has control over his or her private property and acquests.

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A spouse may not dispose of acquests inter vivos by gratuitous title without the other spouse’s consent, except for property of small value or customary presents.

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Either spouse may designate a third person as beneficiary or subrogated holder of certain insurance, pension, or annuity interests, subject to family patrimony rules.

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Spouses are each liable for their own debts, using their private property and acquests, and are not liable for the other spouse’s debts while the regime lasts, subject to articles 397 and 398.

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The partnership of acquests ends when specified events occur, such as death, a change of regime, certain judgments, absence, or marriage nullity producing effects.

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If a regime is dissolved, the court may decide—on application by either spouse or the spouse’s successors—that the dissolution takes effect retroactively between the spouses to the date they stopped living together as a community of life.

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Each spouse keeps private property when the regime is dissolved, and one spouse may accept or renounce partition of the other spouse’s acquests despite any contrary agreement.

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Acceptance may be express or tacit, and a spouse who interfered in management of the other spouse’s acquests after dissolution may be barred from receiving that spouse’s share unless the other spouse accepted the partition.

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Renunciation must be made by notarial act or recorded judicial declaration, and it must be entered in the register.

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If a spouse renounces partition, the other spouse keeps the share of acquests that would otherwise have gone to that spouse. Creditors of the renouncing spouse may ask the court to declare the renunciation ineffective against them and may take the debtor spouse’s share in that spouse’s place, but only up to the amount of their claims.

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A spouse who misappropriates, conceals, wastes, or bad-faith administers acquests forfeits the share of the other spouse’s acquests.

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Acceptance and renunciation are irrevocable, but renunciation may be annulled for lesion or another cause of contractual nullity.

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After a spouse’s death, the deceased spouse’s heirs may accept or renounce partition of the surviving spouse’s acquests, with an exception for preferential awards reserved to the surviving spouse.

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If a spouse dies while still entitled to renounce partition, the heirs have one year from the date of death to have the renunciation registered.

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475. When the partition of a spouse’s acquests is accepted, the property of the patrimony of that spouse is first divided into two masses, one comprising the private property and the other the acquests. A statement is then prepared of the

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476. Property susceptible of compensation is assessed according to its condition at the time of dissolution of the regime and to its value at the time of liquidation. The enrichment is valued as on the day the regime is dissolved; however,

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477. No compensation is due by reason of disbursements necessary or useful for the maintenance or preservation of the property. 1991, c. 64, a. 477; I.N. 2014-05-01.

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Unpaid debts incurred for the benefit of private property give rise to compensation as if they had already been paid with the acquests.

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479. Payment with the acquests of any fine imposed by law gives rise to compensation. 1991, c. 64, a. 479.

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480. If the statement shows a balance in favour of the mass of acquests, the spouse who holds the patrimony makes a return to that mass for partition, either by taking less, or in value, or with his or her private property. If the

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After compensation is settled, the net value of the mass of acquests is determined and divided equally between the spouses.

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If the regime ends because a spouse died or is absent, the other spouse may ask to receive certain family property in payment, if any equalizing sum is paid.

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If the parties do not agree on property valuation, experts value the property, designated by the parties or, if they do not, by the court.

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Before partition, dissolution of the regime does not prejudice pre-existing creditors’ rights against the debtor’s whole patrimony. After partition, they may generally pursue payment only against the debtor spouse, with a limited route to the other spouse if the claims were omitted from the partition.

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485. The regime of conventional separation as to property is established by a simple declaration to this effect in the marriage contract. 1991, c. 64, a. 485.

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Under separation as to property, each spouse may administer, enjoy, and freely dispose of all his or her property.

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487. Property over which the spouses are unable to establish their exclusive right of ownership is presumed to be held by both in undivided co-ownership, one-half by each. 1991, c. 64, a. 487.

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Either spouse may seek separation as to property if the matrimonial regime rules work against that spouse’s or the family’s interests.

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A judicial separation as to property dissolves the matrimonial regime and gives the spouses the status of spouses who are conventionally separate as to property.

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Creditors of the spouses may not apply for separation as to property, but may intervene in the action and may bring proceedings if the separation was pronounced or executed in fraud of their rights.

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