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P-34.1 - Youth Protection Act
Section 76
Disposition versions
76. Every originating application must be accompanied by a notice stating the date, time and place it will be presented and must, not less than 10 days or more than 60 days before the hearing,
(1) be served personally by a bailiff on the parents, the child if he is 14 years of age or over, and any person who has been granted the status of party by the tribunal, or be notified to those persons by the director personally or by registered mail provided receipt of the document is attested to by the addressee; and
(2) be notified in accordance with the rules of the Code of Civil Procedure (chapter C-25.01) to the advocates of the parties mentioned in subparagraph 1, the director, the Commission if the application raises an encroachment of rights, or the Public Curator in tutorship or emancipation matters.
An application made under the third or fourth paragraph of section 81 must, within the same time and on the same conditions, be notified only to the director. It must also be filed at the office of the tribunal at least 10 days before the hearing. On receiving the application, the clerk shall send by registered mail to the parents and to the child if he is 14 years of age or over, at their last address entered in the record, a notice informing them of the filing of the application.
Any other written proceeding, document or notice must be notified using a method provided for in the Code of Civil Procedure that protects its confidentiality.
The tribunal may
(1) authorize a different method of service or notification if required in the circumstances;
(2) extend or reduce the service or notification time limit for exceptional reasons or in urgent cases; and
(3) dispense with service or notification for exceptional reasons, in urgent cases or if all the parties are present before the tribunal and waive it.
Applications addressed to the tribunal under the fourth paragraph must be presented in the district established under section 73.
The clerk may exercise the powers conferred on the tribunal in subparagraphs 1 and 2 of the fourth paragraph.
76. Every application must be accompanied by a notice stating the date, time and place it will be presented and must, not less than 10 days or more than 60 days before the hearing,
(1) be served personally by a bailiff on the parents, the child if he is 14 years of age or over, and any person who has been granted the status of party by the tribunal, or be notified to those persons by the director personally or by registered mail provided receipt of the document is attested to by the addressee; and
(2) be notified in accordance with the rules of the Code of Civil Procedure (chapter C-25.01) to the advocates of the parties mentioned in subparagraph 1, the director, the Commission if the application raises an encroachment of rights, or the Public Curator in tutorship or emancipation matters.
However, an application made under the third or fourth paragraph of section 81 must, within the same time and on the same conditions, be notified only to the director. It must also be filed at the office of the tribunal at least 10 days before the hearing. On receiving the application, the clerk shall send by registered mail to the parents and to the child if he is 14 years of age or over, at their last address entered in the record, a notice informing them of the filing of the application.
Any other written proceeding, document or notice must be notified using a method provided for in the Code of Civil Procedure that protects its confidentiality.
The tribunal may
(1) authorize a different method of service or notification if required in the circumstances;
(2) extend or reduce the service or notification time limit for exceptional reasons or in urgent cases; and
(3) dispense with service or notification for exceptional reasons, in urgent cases or if all the parties are present before the tribunal and waive it.
Applications addressed to the tribunal under the fourth paragraph must be presented in the district established under section 73.
The clerk may exercise the powers conferred on the tribunal in subparagraphs 1 and 2 of the fourth paragraph.
76. If made by a person other than the child or his parents, the application, together with notice of the filing date, must be served on the parents, on the child if 14 years of age or over, on the director and on the advocates of the parties in one of the modes provided for in the Code of Civil Procedure (chapter C-25.01), not less than 10 days or more than 60 days before the hearing.
If the application made by a parent or a child, it must be served, along with the notice, on the director and on the advocates of the parties.
The notice need not be sent
(a) if all the parties are present before the tribunal and waive it;
(b) if the tribunal, in an emergency, prescribes a special manner of notifying the parties; or
(c) if the tribunal dispenses with service on exceptional grounds.
The tribunal may allow untimely service for exceptional reasons. It may also reduce the period for filing the application if it is in the interest of the child and if doing so does not infringe on the parties’ right to be heard.
If the application is made with respect to an encroachment of rights, service must be made on the Commission.
76. If made by a person other than the child or his parents, the motion, together with notice of the filing date, must be served on the parents, on the child if 14 years of age or over, on the director and on the advocates of the parties in one of the modes provided for in the Code of Civil Procedure (chapter C-25), not less than 10 days or more than 60 days before proof and hearing.
If the motion is made by a parent or a child, it must be served, along with the notice, on the director and on the advocates of the parties.
The notice need not be sent
(a) if all the parties are present before the tribunal and waive it;
(b) if the tribunal, in an emergency, prescribes a special manner of notifying the parties; or
(c) if the tribunal dispenses with service on exceptional grounds.
The tribunal may allow untimely service for exceptional reasons. It may also reduce the period for filing the motion if it is in the interest of the child and if doing so does not infringe on the parties’ right to be heard.
If the motion is made with respect to an encroachment of rights, service must be made on the Commission.
76. If the declaration is made by a person other than the child or his parents, the declaration accompanied with a notice of the date fixed for proof and hearing must be served by registered or certified mail, not less than 10 days nor more than 60 days before proof and hearing, on the parents, on the child himself, if he is 14 years of age or over, on the director, on the Commission and on the advocates of the parties.
If the declaration is made by a parent or a child, service provided for in the preceding paragraph must be made on the director, on the Commission and on the advocates of the parties.
The sending of the notice is unnecessary,
(a) when all the parties are present at the tribunal and they renounce the notice;
(b) when the tribunal, in urgent cases, prescribes a special manner of notifying the parties.
76. If the declaration is made by a person other than the child or his parents, the declaration accompanied with a notice of the date fixed for proof and hearing must be served by registered or certified mail, not less than ten days nor more than sixty days before proof and hearing, on the parents, on the child himself, if he is fourteen years of age or older, on the director, on the Commission and on the advocates of the parties.
If the declaration is made by a parent or a child, service provided for in the preceding paragraph must be made on the director, on the Commission and on the advocates of the parties.
The sending of the notice is unnecessary,
(a) when all the parties are present at the tribunal and they renounce the notice;
(b) when the tribunal, in urgent cases, prescribes a special manner of notifying the parties.
76. If the declaration is made by a person other than the child or his parents, the declaration accompanied with a notice of the date fixed for proof and hearing must be served by registered or certified mail, not less than ten days nor more than thirty days before proof and hearing, on the parents, on the child himself, if he is fourteen years of age or older, on the director, on the Comité and on the advocates of the parties.
If the declaration is made by a parent or a child, service provided for in the preceding paragraph must be made on the director, on the Comité and on the advocates of the parties.
The sending of the notice is unnecessary,
(a) when all the parties are present at the Court of Québec and they renounce the notice;
(b) when the Court of Québec, in urgent cases, prescribes a special manner of notifying the parties.
76. If the declaration is made by a person other than the child or his parents, the declaration accompanied with a notice of the date fixed for proof and hearing must be served by registered or certified mail, not less than ten days nor more than thirty days before proof and hearing, on the parents, on the child himself, if he is fourteen years of age or older, on the director, on the Comité and on the advocates of the parties.
If the declaration is made by a parent or a child, service provided for in the preceding paragraph must be made on the director, on the Comité and on the advocates of the parties.
The sending of the notice is unnecessary,
(a) when all the parties are present at the Court and they renounce the notice;
(b) when the Court, in urgent cases, prescribes a special manner of notifying the parties.
