C-25.01, r. 0.6.1 - Regulation respecting the mediation and arbitration of small claims

Section 44 Disposition versions

2023-11-23

44. Arbitration of the following is not admissible:

(1)  a dispute concerning a matter referred to in article 2639 of the Civil Code;

(2)  a dispute to which the State is a party;

(3)  an application that questions the operability, the constitutionality or the validity of a provision of an Act of the Parliament of Québec or the Parliament of Canada, of any regulation made under such an Act, of a government or ministerial order or of any other rule of law;

(4)  an application concerning reparation for an infringement or denial of fundamental rights and freedoms under the Charter of human rights and freedoms (chapter C-12) or the Canadian Charter of Rights and Freedoms (Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11).

O.C. 1598-2023, s. 44.

Not in force

In force: 2023-11-23

44. Arbitration of the following is not admissible:

(1)  a dispute concerning a matter referred to in article 2639 of the Civil Code;

(2)  a dispute to which the State is a party;

(3)  an application that questions the operability, the constitutionality or the validity of a provision of an Act of the Parliament of Québec or the Parliament of Canada, of any regulation made under such an Act, of a government or ministerial order or of any other rule of law;

(4)  an application concerning reparation for an infringement or denial of fundamental rights and freedoms under the Charter of human rights and freedoms (chapter C-12) or the Canadian Charter of Rights and Freedoms (Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11).

O.C. 1598-2023, s. 44.