C-25.01 - Code of Civil Procedure

Section 778 Disposition versions

2016-01-01

778. In any Act or statutory instrument, the following terminological changes are made, with the necessary modifications:

(1)  “recours collectif” in the French text, and “recours” in the French text when it means “recours collectif”, are replaced by “action collective” and “action”, respectively;

(2)  “distress warrant”, “writ”, “writ of execution”, “writ of seizure”, “writ of seizure in execution”, “writ of seizure in execution of an immovable”, “writ of seizure in execution of movable property”, “writ of seizure of immovables”, “writ of seizure of movable property”, “writ of seizure of movable property in execution”, and “writ of seizure of property” are replaced by “notice”, “notice of execution” or “order”, depending on the context, if a substitution is necessary, and if not, they are struck out;

(3)  “juridiction” in the French text, when referring to the jurisdiction of a court of justice or an administrative tribunal, is replaced by “compétence”;

(4)  “extrajudicial costs”, “extrajudicial fees”, “extra-judicial professional fees”, are replaced by “professional fees”, and “judicial fees” is struck out;

(5)  “juridical day” is replaced by “working day” and “non-juridical day” is replaced by “holiday”;

(6)  “mandate given in the anticipation of the mandator’s incapacity” or the equivalent is replaced by “protection mandate”;

(7)  “writ of seizure by garnishment” and “writ of attachment” are replaced by “order to seize property in the hands of a third person”;

(8)  “writ of possession” and “writ in an action of ejectment” are replaced by “eviction order”;

(9)  “writ of habeas corpus” is replaced by “habeas corpus order”;

(10)  “certified mail”, “certified or registered mail”, “registered or certified mail”, “registered or certified post”, “registered letter”, “registered or certified letter”, “registered mail”, “certified or registered letter” and “recommended or certified mail” are replaced by “registered mail”;

(11)  any text, whether or not it contains an express reference to the Code of Civil Procedure (chapter C-25), that mentions an action or a recourse under article 33 of the Code of Civil Procedure, an extraordinary recourse or remedy provided for or within the meaning of the Code of Civil Procedure or an extraordinary recourse contemplated, provided or provided for in or provided by articles 834 to 850 of the Code of Civil Procedure is replaced by “application for judicial review under the Code of Civil Procedure (chapter C-25.01)”;

(12)  “minutes of the determination of the boundaries”, “minutes of determination of boundaries”, “minutes of boundary determination”, “minutes of a boundary determination” are replaced by “minutes of the boundary-marking operations”;

(13)  “rules of practice” is replaced by “court regulations” or “tribunal regulations” as appropriate;

(14)  “sale by judicial authority” and “judicial sale” are replaced by “sale under judicial authority”.

2014, c. 1, a. 778.