C-25.01 - Code of Civil Procedure

Section 76 Disposition versions

2016-01-01

76. In any civil, administrative, penal or criminal case, a person intending to question 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 must give notice to the Attorney General of Québec.

Such notice is also required when a person seeks reparation from the State, a state body or a legal person established in the public interest for an infringement or denial of their 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 Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

Again, such notice is required when a person intends to raise, in a proceeding, the issue of the navigability or floatability of a lake or watercourse or the issue of the ownership of the bed or banks of a lake or watercourse.

No such application may be ruled on unless such notice has been validly given, and the court may only adjudicate with respect to the grounds set out in the notice.

2014, c. 1, a. 76.