Canada — Quebec Act or statute

Canada — Quebec legislation

Court Bailiffs Act, 1995

The Minister of Labour is responsible for the administration of this Act. Order in Council 1165-2025 dated 10 September 2025, (2025) 157 G.O. 2 (French), 5419.

Source excerpt

bailiffsboard governancecompliancecontinuing educationcorporate governancecourt administrationcredential recognitiondisciplinary liabilitydisciplinary procedurehead office locationinformationinstallment paymentslicensinglicensing eligibilitypermitsprofessional feesprofessional order formationprofessional practiceprofessional qualificationsprofessional regulationprofessional servicesresearchresearch and development fundseizure administrationtraining

Jurisdiction: Canada — Quebec
Structure: 40 provisions
Official identity: Year 1995
Dates: Enacted 1995 · Source version 10 Jun 2026

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Dates: Enacted 1995 · Source version 10 Jun 2026

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Purpose and legislative effect

“The Minister of Labour is responsible for the administration of this Act. Order in Council 1165-2025 dated 10 September 2025, (2025) 157 G.O. 2 (French), 5419.”

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Enacted 1995 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Document

The Minister of Labour is responsible for the administration of this Act. Order in Council 1165-2025 dated 10 September 2025, (2025) 157 G.O. 2 (French), 5419.

Document

Section 10

A bailiff may not practise under a name other than his own.

Section 10

Section 20

This section notes that an amendment was integrated into c. C-26, s. 31.

Section 20

Section 29

29. Sections 95.2 and 95.3 of the Professional Code (chapter C-26) apply to the first regulation made by the Bureau of the Order under section 65 of the said Code. 1995, c. 41, s. 29.

Section 29

Schedule

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 41 of the statutes of 1995, in force on 1 March 1996, is repealed, except section 38, effective from the coming

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1995 · Source version 10 Jun 2026

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Showing 40 of 40 provisions

Provision 28Amendment 7Repeal 3Offence 2

§ —DocumentProvision

Source excerpt

The Minister of Labour is responsible for the administration of this Act. Order in Council 1165-2025 dated 10 September 2025, (2025) 157 G.O. 2 (French), 5419.

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§ 1Section 1Provision

Source excerpt

1. In this Act and in any Act or regulation, unless the context indicates a different meaning, the term “bailiff” means “court bailiff”. 1995, c. 41, s. 1.

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§ 2Section 2Provision

Source excerpt

Persons qualified to practise bailiff in Québec make up a professional order named the Ordre professionnel des huissiers de justice du Québec, also called the Chambre des huissiers de justice du Québec.

2. All the persons qualified to practise the profession of bailiff in Québec constitute a professional order called “Ordre professionnel des huissiers de justice du Québec” or “Chambre des huissiers de justice du Québec”. 1995, c. 41, s. 2.

Section 2Verify source

§ 3Section 3Provision

Source excerpt

Subject to this Act, the Order and its members are governed by the Professional Code (chapter C-26).

3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C-26). 1995, c. 41, s. 3.

Section 3Verify source

§ 4Section 4Provision

Source excerpt

The Order’s head office must be in Montréal, or another place in Québec set by regulation of the board of directors.

4. The head office of the Order shall be within the territory of Ville de Montréal or at such other location in Québec as may be determined by regulation of the board of directors under paragraph f of section 93 of the Professional Code (chapter C-26). 1995, c. 41, s. 4; 2000, c. 56, s. 219; 2008, c. 11, s. 212.

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§ 5Section 5Provision

Source excerpt

The Order must be governed by a board of directors constituted as prescribed in the Professional Code.

5. The Order shall be governed by a board of directors constituted as prescribed in the Professional Code (chapter C-26). 1995, c. 41, s. 5; 2008, c. 11, s. 212.

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§ 6Section 6Provision

Source excerpt

The board of directors may, by regulation, establish and administer a research and development fund.

6. In addition to the powers conferred by section 94 of the Professional Code (chapter C-26), the board of directors, by regulation, may establish and administer a research and development fund made up of sums paid into it by the Order, gifts and legacies made for such purpose and the proceeds of the general accounts held in trust by bailiffs in the practice of their profession, in order to promote the quality of professional services, professional training, continuing education and research and information related to the practice of the profession of bailiff. 1995, c. 41, s. 6; 2008, c. 11, s. 212.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

Section 95.2 of the Professional Code applies to a regulation made under section 6.

7. Section 95.2 of the Professional Code (chapter C-26) applies to a regulation made under section 6. 1995, c. 41, s. 7; 2008, c. 11, s. 184.

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§ 8Section 8Provision

Source excerpt

A bailiff’s professional practice consists of serving court-issued written proceedings, executing executory judicial decisions, and carrying out other duties assigned by law or by a court.

8. The practice of the profession of bailiff consists of any act the object of which is to serve written proceedings issuing out of any court, to execute judicial decisions that are executory and to perform any other duty assigned to a bailiff by law or by a court. 1995, c. 41, s. 8.

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§ 9Section 9Provision

Source excerpt

A bailiff may make purely material ascertainments, but not opinions on their factual or legal consequences.

9. A bailiff may make purely material ascertainments, excluding any opinion on the factual or legal consequences that may result therefrom; such ascertainments have merely informative value. 1995, c. 41, s. 9.

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§ 10Section 10Provision

Source excerpt

A bailiff may not practise under a name other than his own.

10. No bailiff may practise his profession under a name other than his own. Nevertheless, bailiffs are allowed to practise their profession under a firm name which may be the name of one, several or all of the partners. The firm name may also continue to include, for a period not exceeding three years, the name of a partner who has ceased to practise his profession provided the firm name included his name for at least one year before he ceased to practise. 1995, c. 41, s. 10.

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§ 11Section 11Provision

Source excerpt

A bailiff must not, in the practice of the profession, call himself anything other than a court bailiff or bailiff.

11. No bailiff may, in the practice of his profession, refer to himself otherwise than as a court bailiff or bailiff. 1995, c. 41, s. 11.

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§ 12Section 12Provision

Source excerpt

A bailiff must carry out duties without partiality.

12. A bailiff must perform his duties without partiality. The giving of information to any person who is a party to legal proceedings does not constitute an act of partiality. 1995, c. 41, s. 12.

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§ 13Section 13Provision

Source excerpt

A bailiff must not charge fees or costs beyond those fixed in the Government tariff for section 8 acts.

13. A bailiff shall not charge, for acts described in section 8, including for the administration of sums of money, income and other property seized and for the management of instalment payments, fees or costs other than those fixed in the tariff established by regulation of the Government. 1995, c. 41, s. 13; 2014, c. 1, s. 823.

Section 13Verify source

§ 14Section 14Provision

Source excerpt

A person may not perform the acts listed in section 8 unless the person is a bailiff, subject to certain legal or regulatory permissions and an exception for acts done under a regulation made under section 94(h) of the Professional Code.

14. Subject to the rights and privileges granted by law or by regulation to other persons, particularly where it is provided that a proceeding may be served or a decision executed by another person or by way of another mode of notification or execution, no person may perform any of the acts described in section 8 unless he is a bailiff. The first paragraph does not apply to acts performed by a person in accordance with the provisions of a regulation made under paragraph h of section 94 of the Professional Code (chapter C-26). 1995, c. 41, s. 14; I.N. 2016-01-01 (NCCP).

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§ 15Section 15Provision

Source excerpt

A person may not act as the bailiff of a municipal court unless he is a member of the Order.

15. No person may act as the bailiff of a municipal court unless he is a member of the Order. 1995, c. 41, s. 15.

Section 15Verify source

§ 16Section 16Offence

Source excerpt

A person who contravenes section 14 or 15 is liable to the penalties set out in section 188 of the Professional Code.

16. Every person who contravenes a provision of section 14 or 15 is liable, for each offence, to the penalties prescribed in section 188 of the Professional Code (chapter C-26). 1995, c. 41, s. 16.

Section 16Verify source

§ 17Section 17Amendment

Source excerpt

17. (Amendment integrated into c. C-25, a. 15). 1995, c. 41, s. 17.

Section 17Verify source

§ 18Section 18Amendment

Source excerpt

18. (Amendment integrated into c. C-25, a. 120). 1995, c. 41, s. 18.

Section 18Verify source

§ 19Section 19Amendment

Source excerpt

This section only notes an integrated amendment and a 1995 citation.

19. (Amendment integrated into c. C-25, a. 554). 1995, c. 41, s. 19.

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§ 20Section 20Amendment

Source excerpt

This section notes that an amendment was integrated into c. C-26, s. 31.

20. (Amendment integrated into c. C-26, s. 31). 1995, c. 41, s. 20.

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§ 21Section 21Amendment

Source excerpt

This section notes that an amendment has been integrated into c. C-26, s. 32, and gives a citation to 1995, c. 41, s. 21.

21. (Amendment integrated into c. C-26, s. 32). 1995, c. 41, s. 21.

Section 21Verify source

§ 22Section 22Amendment

Source excerpt

This section notes that the amendment has been integrated into c. C-26, Schedule I.

22. (Amendment integrated into c. C-26, Schedule I). 1995, c. 41, s. 22.

Section 22Verify source

§ 23Section 23Amendment

Source excerpt

Section 23 says the amendment has been integrated into c. C-72.01, s. 68.

23. (Amendment integrated into c. C-72.01, s. 68). 1995, c. 41, s. 23.

Section 23Verify source

§ 24Section 24Provision

Source excerpt

Certain bailiff-permit holders were to be entered on the Order roll and issued a permit by the Bureau; a section 6 permit holder may act as a bailiff only in the judicial district named on the permit.

24. Every person who, on 1 October 1995, is the holder of a bailiff’s permit issued by the Minister of Justice under section 5 or 6 of the Bailiffs Act (chapter H-4) shall be entered on the roll of the Order by operation of law and shall be issued a permit by the Bureau. A person holding a bailiff’s permit issued under section 6 of the said Act may act as a bailiff only in the judicial district indicated on the permit issued by the Minister of Justice. 1995, c. 41, s. 24.

Section 24Verify source

§ 25Section 25Provision

Source excerpt

Some holders of a trainee’s permit on 1 October 1995 are entitled to receive a bailiff’s permit if they meet one of the listed conditions.

25. Every person who, on 1 October 1995, is the holder of a trainee’s permit issued by the Minister of Justice is entitled to be issued a bailiff’s permit if he complies with the provisions of subparagraph f of the first paragraph of section 4 of the Bailiffs Act (chapter H-4) or if he meets the requirements of a regulation made by the Order under paragraph i of section 94 of the Professional Code (chapter C-26). 1995, c. 41, s. 25.

Section 25Verify source

§ 26Section 26Provision

Source excerpt

A member of the Order holding certain identification issued by the Minister of Justice may keep using it until the Order replaces it.

26. A member of the Order who is the holder of a permit, badge or other means of identification issued by the Minister of Justice may continue to use it until it is replaced in his respect by a permit, badge or other means of identification issued by the Order. 1995, c. 41, s. 26.

Section 26Verify source

§ 27Section 27Provision

Source excerpt

A specified legal-technology college diploma granted to certain students counts for access to the bailiff’s permit.

27. The diploma of college studies in legal technology awarded by the Minister of Higher Education, Research, Science and Technology to a person enrolled in that program before the date of coming into force of a government regulation, made under the first paragraph of section 184 of the Professional Code (chapter C-26), determining for the first time the diplomas which give access to the permit issued by the Order shall give access to the bailiff’s permit. 1995, c. 41, s. 27; 2005, c. 28, s. 195; 2013, c. 28, s. 201.

Section 27Verify source

§ 28Section 28Provision

Source excerpt

The first Bureau is made up of elected and appointed directors, and the elected president and directors stay in office until the first Bureau election under the Professional Code.

28. Notwithstanding section 5 of this Act, the first Bureau shall be composed of the president and directors elected at the last general meeting of the members of the Chambre des huissiers de justice du Québec, a body incorporated under Part III of the Companies Act (chapter C-38), and of three directors appointed by the Office des professions du Québec pursuant to section 78 of the Professional Code (chapter C-26). The elected president and directors shall remain in office until the first election of the members of the Bureau held in accordance with the Professional Code. 1995, c. 41, s. 28.

Section 28Verify source

§ 29Section 29Provision

Source excerpt

29. Sections 95.2 and 95.3 of the Professional Code (chapter C-26) apply to the first regulation made by the Bureau of the Order under section 65 of the said Code. 1995, c. 41, s. 29.

Section 29Verify source

§ 30Section 30Provision

Source excerpt

The Bureau’s first resolution fixing the first annual assessment does not need majority approval by the Order’s members to take effect, and it may consider amounts already paid by members.

30. Notwithstanding section 86 of the Professional Code (chapter C-26), the first resolution passed by the Bureau for the purpose of fixing the first annual assessment need not, to come into force, be approved by a majority of the members of the Order, and may take into account the sums already paid by the members as members of the Chambre des huissiers de justice du Québec. 1995, c. 41, s. 30.

Section 30Verify source

§ 31Section 31Repeal

Source excerpt

The cited bailiffs regulations keep their effect until the Bureau of the Order amends, replaces, or repeals them by regulation under the Professional Code.

31. The provisions of the Regulation respecting the application of the Bailiffs Act (R.R.Q., 1981, c. H-4, r. 2) and the Code of ethics of bailiffs (R.R.Q., 1981, c. H-4, r. 1), made under section 25 of the Bailiffs Act (chapter H-4) continue to have effect until they are amended, replaced or repealed by regulation of the Bureau of the Order in accordance with the Professional Code (chapter C-26). 1995, c. 41, s. 31.

Section 31Verify source

§ 32Section 32Repeal

Source excerpt

The stated tariff provisions apply until the Government amends, replaces, or repeals them by regulation.

32. The provisions of the Tariff of fees and transportation expenses of bailiffs (R.R.Q., 1981, c. H-4, r. 3) established under subparagraph k of the first paragraph of section 25 of the Bailiffs Act (chapter H-4) apply until they are amended, replaced or repealed by regulation of the Government. 1995, c. 41, s. 32.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

The discipline committee must continue handling complaints received before 1 October 1995 and keeps its competence and powers for that purpose.

33. The examination of complaints received before 1 October 1995 by the committee on discipline established under section 12.1 of the Bailiffs Act (chapter H-4) shall be continued by that committee, which shall retain its competence and powers for such purpose. A decision of the committee is executory from the date specified therein and notified to the Bureau of the Order. 1995, c. 41, s. 33.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

Appeals brought before 1 October 1995 under Division II.2 of the Bailiffs Act must be continued and decided under that Act.

34. Appeals brought before 1 October 1995 under Division II.2 of the Bailiffs Act (chapter H-4) shall be continued and decided in accordance with the provisions of that Act. 1995, c. 41, s. 34.

Section 34Verify source

§ 35Section 35Offence

Source excerpt

35. Penal proceedings for offences under the Bailiffs Act (chapter H-4) committed before 1 October 1995 shall be continued and decided in accordance with the provisions of that Act. 1995, c. 41, s. 35.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

36. The Order succeeds to the rights and obligations of the Chambre des huissiers de justice du Québec. The original letters patent and supplementary letters patent granted to the Chambre des huissiers de justice du Québec are

Section 36Verify source

§ 37Section 37Provision

Source excerpt

37. (Omitted). 1995, c. 41, s. 37.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

38. (Omitted). 1995, c. 41, s. 38.

Section 38Verify source

§ —ScheduleRepeal

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ScheduleVerify source

Legislative relationships

6 referenced instruments

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

A–F

2 instruments

Bailiffs Act
Sections 25, 32, 33, 34
Companies Act
Section 28

G–M

2 instruments

Justice under section 5 or 6 of the Bailiffs Act
Section 24
Labour is responsible for the administration of this Act
Section Document

N–S

2 instruments

Professional Code
Sections 4, 6, 7, 14, 16, 27, 29, 30
Regulation respecting the application of the Bailiffs Act
Section 31

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Court Bailiffs Act, 1995

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