CCQ-1991 - Civil Code of Québec

Updated to 1 May 2024

This document has official status.

chapter CCQ-1991

Civil Code of Québec

PRELIMINARY PROVISION

The Civil Code of Québec, in harmony with the Charter of the French language (chapter C-11), the Charter of human rights and freedoms (chapter C-12) and the general principles of law, governs persons, relations between persons, and property.

The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication. In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it.

1991, c. 64, pream.; 2022, c. 14, s. 123.

BOOK ONE PERSONS

TITLE ONE ENJOYMENT AND EXERCISE OF CIVIL RIGHTS

1. Every human being possesses juridical personality and has the full enjoyment of civil rights.

1991, c. 64, a. 1.

2. Every person is the holder of a patrimony.

It may be the subject of a division or of an appropriation to a purpose, but only to the extent provided by law.

1991, c. 64, a. 2; I.N. 2014-05-01.

3. Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy.

These rights are inalienable.

1991, c. 64, a. 3.

4. Every person is fully able to exercise his civil rights.

In certain cases, the law provides for representation.

1991, c. 64, a. 4; 2020, c. 11, s. 1.

5. Every person exercises his civil rights under the surname and usual given name assigned to him and stated in his act of birth.

1991, c. 64, a. 5; 2022, c. 22, s. 1.

6. Every person is bound to exercise his civil rights in accordance with the requirements of good faith.

1991, c. 64, a. 6; 2016, c. 4, s. 2.

7. No right may be exercised with the intent of injuring another or in an excessive and unreasonable manner, and therefore contrary to the requirements of good faith.

1991, c. 64, a. 7; I.N. 2014-05-01.

8. A person may only renounce the exercise of his civil rights to the extent consistent with public order.

1991, c. 64, a. 8; I.N. 2014-05-01.

9. In the exercise of civil rights, derogations may be made from those rules of this Code which supplement intention, but not from those of public order.

1991, c. 64, a. 9.

TITLE TWO CERTAIN PERSONALITY RIGHTS

CHAPTER I INTEGRITY OF THE PERSON

10. Every person is inviolable and is entitled to the integrity of his person.

Except in cases provided for by law, no one may interfere with his person without his free and enlightened consent.

1991, c. 64, a. 10.

DIVISION I CARE

11. No one may be made to undergo care of any nature, whether for examination, specimen taking, removal of tissue, treatment or any other act, except with his consent. Except as otherwise provided by law, the consent is subject to no other formal requirement and may be withdrawn at any time, even verbally.

If the person concerned is incapable of giving or refusing his consent to care and has not drawn up advance medical directives under the Act respecting end-of-life care (chapter S-32.0001) by which he expresses such consent or refusal, a person authorized by law or by a protection mandate may do so in his place.

1991, c. 64, a. 11; I.N. 2015-11-01; 2014, c. 2, s. 65; I.N. 2016-01-01 (NCCP).

12. A person who gives his consent to or refuses care for another person is bound to act in the sole interest of that person, complying, as far as possible, with any wishes the latter may have expressed.

If he gives his consent, he shall ensure that the care is beneficial notwithstanding the gravity and permanence of certain of its effects, that it is advisable in the circumstances and that the risks incurred are not disproportionate to the anticipated benefit.

1991, c. 64, a. 12; 2014, c. 2, s. 66.

13. Consent to medical care is not required in case of emergency if the life of the person is in danger or his integrity is threatened and his consent cannot be obtained in due time.

It is required, however, where the care is unusual or has become useless or where its consequences could be intolerable for the person.

1991, c. 64, a. 13.

14. Consent to care required by the state of health of a minor is given by the person having parental authority or by his tutor.

A minor 14 years of age or over, however, may give his consent alone to such care. If his state requires that he remains in a health or social services establishment for over 12 hours, the person having parental authority or tutor shall be informed of that fact.

1991, c. 64, a. 14.

15. Where it is ascertained that a person of full age is incapable of giving consent to care required by his or her state of health and in the absence of advance medical directives, consent is given by his or her mandatary or tutor. If the person of full age is not so represented, consent is given by his or her married, civil union or de facto spouse or, if the person has no spouse or his or her spouse is prevented from giving consent, it is given by a close relative or a person who shows a special interest in the person of full age.

1991, c. 64, a. 15; 2002, c. 6, s. 1; 2014, c. 2, s. 67; 2020, c.11, s. 254.

16. The authorization of the court is necessary where the person who may give consent to care required by the state of health of a minor or a person of full age who is incapable of giving his consent is prevented from doing so or, without justification, refuses to do so; it is also necessary where a person of full age who is incapable of giving his consent categorically refuses to receive care, except in the case of hygienic care or emergency.

The authorization of the court is necessary, furthermore, to submit a minor 14 years of age or over to care which he refuses, except in the case of emergency if his life is in danger or his integrity threatened, in which case the consent of the person having parental authority or the tutor is sufficient.

1991, c. 64, a. 16; I.N. 2014-05-01.

17. A minor 14 years of age or over may give his consent alone to care not required by the state of his health; however, the consent of the person having parental authority or of the tutor is required if the care entails a serious risk for the health of the minor and may cause him grave and permanent effects.

1991, c. 64, a. 17.

18. Where the person is under 14 years of age or is incapable of giving his consent, consent to care not required by his state of health is given by the person having parental authority or the mandatary or tutor; the authorization of the court is also necessary if the care entails a serious risk to health or if it may cause grave and permanent effects.

1991, c. 64, a. 18; I.N. 2014-05-01; 2020, c. 11, s. 254.

19. A person of full age who is capable of giving his consent may alienate a part of his body inter vivos, provided the risk incurred is not disproportionate to the benefit that may reasonably be anticipated.

A minor or a person of full age who is incapable of giving his consent may, with the consent of the person having parental authority, mandatary or tutor and with the authorization of the court, alienate a part of his body only if that part is capable of regeneration and provided that no serious risk to his health results.

1991, c. 64, a. 19; 2020, c. 11, s. 254.

20. A person of full age who is capable of giving his consent may participate in research that could interfere with the integrity of his person provided that the risk incurred is not disproportionate to the benefit that can reasonably be anticipated. The research project must be approved and monitored by a research ethics committee.

1991, c. 64, a. 20; 2013, c. 17, s. 1.

21. A minor or a person of full age who is incapable of giving consent may participate in research that could interfere with the integrity of his person only if the risk incurred, taking into account his state of health and personal condition, is not disproportionate to the benefit that may reasonably be anticipated.

Moreover, a minor or a person of full age incapable of giving consent may participate in such research only if, where he is the only subject of the research, it has the potential to produce benefit to his health or only if, in the case of research on a group, it has the potential to produce results capable of conferring benefit to other persons in the same age category or having the same disease or handicap.

In all cases, a minor or a person of full age incapable of giving consent may not participate in such research where he understands the nature and consequences of the research and objects to participating in it.

The research project must be approved and monitored by a competent research ethics committee. Such a committee is formed by the Minister of Health and Social Services or designated by that Minister from among existing research ethics committees; the composition and operating conditions of such a committee are determined by the Minister and published in the Gazette officielle du Québec.

Consent to research that could interfere with the integrity of a minor may be given by the person having parental authority or the tutor. A minor 14 years of age or over, however, may give consent alone if, in the opinion of the competent research ethics committee, the research involves only minimal risk and the circumstances justify it.

Consent to research that could interfere with the integrity of a person of full age incapable of giving consent may be given by the mandatary or tutor. However, where such a person of full age is not so represented and the research involves only minimal risk, consent may be given by the person qualified to consent to any care required by the state of health of the person of full age. Consent may also be given by such a qualified person where a person of full age suddenly becomes incapable of giving consent and the research, insofar as it must be undertaken promptly after the appearance of the condition giving rise to it, does not permit, for lack of time, the designation of a legal representative for the person of full age. In both cases, it is incumbent upon the competent research ethics committee to determine, when evaluating the research project, whether it meets the prescribed requirements.

1991, c. 64, a. 21; 1992, c. 57, s. 716; 1998, c. 32, s. 1; 2013, c. 17, s. 2; 2020, c. 11, s. 254.

22. A part of the body, whether an organ, tissue or other substance, removed from a person as part of the care he receives may, with his consent or that of the person qualified to give consent on his behalf, be used for purposes of research or, if he has died, be so used with the consent of the person who could give or could have given consent to any care required by his state of health.

1991, c. 64, a. 22; 2013, c. 17, s. 3; I.N. 2014-05-01.

23. When the court is called upon to rule on an application for authorization with respect to care or the alienation of a part of a person’s body, it obtains the opinions of experts, of the person having parental authority, of the mandatary or of the tutor and of the tutorship council; it may also obtain the opinion of any person who shows a special interest in the person concerned by the application.

The court is also bound to obtain the opinion of the person concerned unless that is impossible, and to respect his refusal unless the care is required by his state of health.

1991, c. 64, a. 23; 1998, c. 32, s. 2; I.N. 2014-05-01; 2020, c. 11, s. 254.

24. Consent to care not required by a person’s state of health, to the alienation of a part of a person’s body, or to research that could interfere with the integrity of his person shall be given in writing.

However, consent to such research may be given otherwise than in writing if justified in the circumstances in the opinion of a research ethics committee. In such a case, the committee determines the proper manner, for evidential purposes, of obtaining consent.

It may be withdrawn at any time, even verbally.

1991, c. 64, a. 24; 2013, c. 17, s. 4.

25. The alienation by a person of a part or product of his body shall be gratuitous; it may not be repeated if it involves a risk to his health.

A person’s participation in research that could interfere with the integrity of his person may not give rise to any financial reward other than the payment of an indemnity as compensation for the loss and inconvenience suffered.

1991, c. 64, a. 25; 2013, c. 17, s. 5.

DIVISION II CONFINEMENT IN AN INSTITUTION AND PSYCHIATRIC ASSESSMENT

1997, c. 75, s. 28.

26. No one may be confined in a health or social services institution for a psychiatric assessment or following a psychiatric assessment concluding that confinement is necessary, without the person’s consent or without authorization by law or the court.

Consent may be given by the person having parental authority or, in the case of a person of full age unable to express his wishes, by his mandatary or tutor. Such consent may be given by the representative only if the person concerned does not object.

1991, c. 64, a. 26; 1997, c. 75, s. 29; I.N. 2014-05-01; I.N. 2015-11-01; 2020, c. 11, s. 254.

27. Where the court has serious reasons to believe that a person is a danger to himself or to others owing to his mental state, it may, on the application of a physician or an interested person and notwithstanding the absence of consent, order that he be confined temporarily in a health or social services institution for a psychiatric assessment. The court may also, where appropriate, authorize any other medical examination that is necessary in the circumstances. The application, if refused, may not be submitted again except where different facts are alleged.

If the danger is grave and immediate, the person may be placed under preventive confinement, without the authorization of the court, as provided for in the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001).

1991, c. 64, a. 27; 1997, c. 75, s. 30.

28. Where the court orders that a person be placed under confinement for a psychiatric assessment, an examination must be carried out within 24 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 24 hours of the court order.

If the physician who carries out the examination concludes that confinement in an institution is necessary, a second psychiatric examination must be carried out by another physician, at the latest within 96 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 48 hours of the court order.

As soon as a physician reaches the conclusion that confinement is not necessary, the person must be released. If both physicians reach the conclusion that confinement is necessary, the person may be kept under confinement without his consent or the authorization of the court for no longer than 48 hours.

1991, c. 64, a. 28; 1997, c. 75, s. 31; 2016, c. 4, s. 3.

29. A psychiatric examination report must deal in particular with the necessity of confining the person in an institution if he is a danger to himself or to others owing to his mental state, with the ability of the person who has undergone the examination to care for himself or to administer his property and, where applicable, with the advisability of instituting tutorship to a person of full age, or obtaining homologation of a protection mandate, for him.

The report must be filed with the court within seven days of the court order. It may not be disclosed, except to the parties, without the authorization of the court.

1991, c. 64, a. 29; 1997, c. 75, s. 32; 2020, c. 11, s. 2.

30. Confinement in an institution following a psychiatric assessment may only be authorized by the court if both psychiatric reports conclude that confinement is necessary.

Even if that is the case, the court may not authorize confinement unless the court itself has serious reasons to believe that the person is dangerous and that the person’s confinement is necessary, whatever evidence may be otherwise presented to the court and even in the absence of any contrary medical opinion.

1991, c. 64, a. 30; 1997, c. 75, s. 33; 2002, c. 19, s. 1.

30.1. A judgment authorizing confinement must also set the duration of confinement.

However, the person under confinement must be released as soon as confinement is no longer justified, even if the set period of confinement has not elapsed.

Any confinement required beyond the duration set by the judgment must be authorized by the court, in accordance with the provisions of article 30.

2002, c. 19, s. 1.

31. Every person confined in and receiving care in a health or social services establishment shall be informed by the establishment of the program of care established for him and of any important change in the program or in his living conditions.

If the person is under 14 years of age or is incapable of giving his consent, the information is given to the person who is qualified to give consent to care on his behalf.

1991, c. 64, a. 31; I.N. 2014-05-01.

CHAPTER II RESPECT OF CHILDREN’S RIGHTS

32. Every child has a right to the protection, security and attention that his parents or the persons acting in their stead are able to give to him.

1991, c. 64, a. 32.

33. Every decision concerning a child shall be taken in light of the child’s interests and the respect of his rights.

Consideration is given, in addition to the moral, intellectual, emotional and physical needs of the child, to the child’s age, health, personality and family environment, including the presence of family violence, which includes spousal violence, or sexual violence, and to the other aspects of his situation.

1991, c. 64, a. 33; 2002, c. 19, s. 15; 2022, c. 22, s. 2; 2023, c. 13, s. 1.

34. The court shall, in every application brought before it affecting the interest of a child, give the child an opportunity to be heard if his age and power of discernment permit it.

1991, c. 64, a. 34.

34.1. For a child to be considered as conceived but not yet born for the purposes of the law, the mother or the person who is to give birth must be pregnant with the child.

2022, c. 22, s. 3.

CHAPTER III RESPECT OF REPUTATION AND PRIVACY

35. Every person has a right to the respect of his reputation and privacy.

The privacy of a person may not be invaded without the consent of the person or without the invasion being authorized by law.

1991, c. 64, a. 35; 2002, c. 19, s. 2; 2016, c. 4, s. 4.

36. The following acts, in particular, may be considered as invasions of the privacy of a person:

(1)  entering or taking anything in his dwelling;

(2)  intentionally intercepting or using his private communications;

(3)  appropriating or using his image or voice while he is in private premises;

(4)  keeping his private life under observation by any means;

(5)  using his name, image, likeness or voice for a purpose other than the legitimate information of the public;

(6)  using his correspondence, manuscripts or other personal documents.

1991, c. 64, a. 36.

37. Every person who establishes a file on another person shall have a serious and legitimate reason for doing so. He may gather only information which is relevant to the stated objective of the file, and may not, without the consent of the person concerned or authorization by law, communicate such information to third persons or use it for purposes that are inconsistent with the purposes for which the file was established. In addition, he may not, when establishing or using the file, otherwise invade the privacy or injure the reputation of the person concerned.

1991, c. 64, a. 37; I.N. 2014-05-01.

38. Except as otherwise provided by law, any person may, free of charge, examine and cause the rectification of a file kept on him by another person with a view to making a decision in his regard or to informing a third person; he may also cause a copy of it to be made for a reasonable cost. The information contained in the file shall be made accessible in an intelligible transcript.

1991, c. 64, a. 38; 2016, c. 4, s. 5.

39. A person keeping a file on a person may not deny him access to the information contained therein unless he has a serious and legitimate reason for doing so or unless the information may seriously injure a third person.

1991, c. 64, a. 39; I.N. 2014-05-01.

40. Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file.

Notice of the rectification is given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided that information. The same rule applies to an application for rectification, if it is contested.

1991, c. 64, a. 40.

41. Where the law does not provide the conditions for and manner of exercising the right of examination or rectification of a file, the court, upon application, determines them.

Similarly, if a difficulty arises in the exercise of those rights, the court settles it, upon application.

1991, c. 64, a. 41; I.N. 2014-05-01; I.N. 2015-11-01.

CHAPTER IV RESPECT OF THE BODY AFTER DEATH

42. A person of full age may determine the nature of his funeral and the disposal of his body; a minor may also do so with the written consent of the person having parental authority or his tutor. In the absence of wishes expressed by the deceased, the wishes of the heirs or successors prevail. In both cases, the heirs or successors are bound to act; the expenses are charged to the succession.

1991, c. 64, a. 42; I.N. 2014-05-01; 2016, c. 4, s. 6.

43. A person of full age or a minor 14 years of age or over may, for medical or scientific purposes, give his body or authorize the removal of organs or tissues therefrom. A minor under 14 years of age may also do so with the consent of the person having parental authority or of his tutor.

These wishes are expressed verbally before two witnesses, or in writing, and may be revoked in the same manner. The wishes expressed shall be followed, unless there is a compelling reason not to do so.

1991, c. 64, a. 43; I.N. 2014-05-01.

44. A part of the body of a deceased person may be removed, if the wishes of the deceased are not known or cannot be presumed, with the consent of the person who was or would have been qualified to give consent to care.

Consent is not required where two physicians attest in writing to the impossibility of obtaining it in due time, the urgency of the operation and the serious hope of saving a human life or of improving its quality to an appreciable degree.

1991, c. 64, a. 44; I.N. 2014-05-01.

45. No part of the body may be removed before the death of the donor is attested by two physicians who do not participate either in the removal or in the transplantation.

1991, c. 64, a. 45.

46. An autopsy may be performed in the cases provided for by law or if the deceased had already given his consent thereto; it may also be performed with the consent of the person who was or would have been qualified to consent to care. The person requesting the autopsy or having given his consent thereto has a right to receive a copy of the report.

1991, c. 64, a. 46; I.N. 2014-05-01.

47. The court may, if circumstances justify it, order the performance of an autopsy on the deceased at the request of a physician or any interested person; in the latter case, it may restrict the release of parts of the autopsy report.

The coroner may also order the performance of an autopsy on the deceased in the cases provided for by law.

1991, c. 64, a. 47.

48. No one may embalm, bury or cremate a body before an attestation of death has been drawn up and six hours have elapsed since that was done.

1991, c. 64, a. 48; I.N. 2015-11-01.

49. Subject to compliance with the requirements of the law, it is permissible to disinter a body on the order of a court, on the change of destination of its burial place or in order to bury it elsewhere or to repair the tomb.

Disinterment is also permissible on the order of a coroner in accordance with the law.

1991, c. 64, a. 49; I.N. 2014-05-01.

TITLE THREE CERTAIN PARTICULARS RELATING TO THE STATUS OF PERSONS

CHAPTER I NAME AND DESIGNATION OF SEX

1991, c. 64, c. I; 2022, c. 22, s. 4.

DIVISION I NAME

1991, c. 64, Div. I; 2022, c. 22, s. 4.

§ 1 . — Assignment of name

2022, c. 22, s. 4.

50. Every person has a name which is assigned to him at birth and is stated in his act of birth.

The name is comprised of the surname and the given names, including the usual given name. That given name is the one commonly used by a person to identify himself and under which his civil rights are exercised.

1991, c. 64, a. 50; 2022, c. 22, s. 5.

51. A child is given, as his father and mother or his parents choose, one to four given names composed of not more than two parts and a surname composed of not more than two parts taken from those which compose his parents’ surnames. If the child is given more than one given name, the parents choose his usual given name from among those given names.

1991, c. 64, a. 51; 1999, c. 47, s. 1; I.N. 2014-05-01; 2022, c. 22, s. 293; 2022, c. 22, s. 6.

52. In case of disagreement over the choice of a surname, the registrar of civil status assigns to the child a surname consisting of two parts, one part being taken from the surname of his father or of one of the parents and the other from that of his mother or of the other parent, according to their respective choice.

If the disagreement is over the choice of a given name or names, the registrar assigns to the child, as the case may be, two or four given names chosen respectively by the father and mother or by the parents. If the disagreement is over the choice of the usual given name, the registrar assigns to the child such a given name from among the given names received.

1991, c. 64, a. 52; I.N. 2014-05-01; 2022, c. 22, s. 7.

53. A child whose filiation is established with regard to only his father or his mother or one of his parents bears the surname of his father, mother or parent, as the case may be, and one to four given names chosen by his father, mother or parent, including the usual given name.

A child whose filiation is not established bears the name assigned to him by the registrar of civil status.

1991, c. 64, a. 53; 2022, c. 22, s. 294; 2022, c. 22, s. 8.

54. Where the name chosen by the father and mother or by the parents contains an odd compound surname or odd given names which clearly invite ridicule or may discredit the child, the registrar of civil status may suggest to the parents that they change the child’s name.

If they refuse to do so, the registrar nevertheless draws up the act of birth and notifies the Attorney General of Québec. The Attorney General may bring the matter before the court within 90 days of the registration of the act to request that the surname of one of the parents be substituted for the surname chosen by the parents or that two given names in common use, including one designated as the usual given name, be substituted for the given names chosen by the parents.

Until the time for bringing the matter before the court expires or, if proceedings are brought, until the judgment becomes final, the registrar of civil status makes a notation of the notice given to the Attorney General on every copy, certificate and attestation issued on the basis of the act of birth.

1991, c. 64, a. 54; 1999, c. 47, s. 2; 2016, c. 4, s. 7; 2022, c. 22, s. 9.

§ 2 . — Use of name

1991, c. 64, Div. II; 2022, c. 22, s. 10.

55. Every person has a right to the respect of his name.

1991, c. 64, a. 55; 2022, c. 22, s. 11.

56. A person who uses a name other than his or her own is liable for any resulting confusion or injury.

The holder of a name as well as his or her spouse or close relatives may object to such use and demand redress for the injury caused.

1991, c. 64, a. 56; 2002, c. 6, s. 2; I.N. 2014-05-01; 2022, c. 22, s. 12.

§ 3 . — Substitution of the usual given name

2022, c. 22, s. 13.

56.1. Another given name stated in the act of birth may be substituted for the usual given name on mere notice in writing presented to the registrar of civil status. A person who has been domiciled in Québec for at least one year may be the subject of such a notice. A child under one year of age, born and domiciled in Québec, is considered to have been domiciled in Québec for at least one year.

However, the rules governing a change of name apply to any subsequent substitution, with the necessary modifications.

The content of the notice, the information and documents that must accompany the notice as well as the duties payable by the person presenting the notice are determined by government regulation.

2022, c. 22, s. 13.

56.2. A notice of substitution of the usual given name of a minor child may be presented by his tutor or by the minor alone if he is 14 years of age or over.

Except for a compelling reason, the usual given name of a minor child is not substituted if, as the case may be, the father and mother or the parents of the minor child as legal tutors, the tutor, if any, or the minor 14 years of age or over, have not been notified of the notice or if one of them objects to the substitution.

A person who wishes to present such a notice may, if an objection is made, as the case may be, by the father and mother or the parents as legal tutors, by the tutor, if any, or by the minor 14 years of age or over, submit an application to the court before the notice is presented to the registrar of civil status.

2022, c. 22, s. 13.

56.3. A substitution of the usual given name produces its effects from the 15th day after the publication of the notice of substitution of the usual given name in accordance with the rules determined by government regulation.

However, the substitution produces its effects from the day of the alteration of the register of civil status in the following situations where publication is not required:

(1)  a special exemption from publication has been granted by the Minister of Justice for reasons of general interest;

(2)  it is clear that the change requested relates to a modification of the person’s gender identity; or

(3)  the change requested concerns a child under 6 months of age.

2022, c. 22, s. 13.

56.4. A substitution of the usual given name has, with the necessary modifications, the same effects as those resulting from a change of name provided for in articles 68 to 70.

2022, c. 22, s. 13.

§ 4 . — Change of name

1991, c. 64, Div. III; 2022, c. 22, s. 14.

I.  — General provision

1991, c. 64, Sd. 1; 2022, c. 22, s. 14.

57. No change may be made to a person’s name, whether to his surname or given name, without the authorization of the registrar of civil status or the court, in accordance with the provisions of this section.

1991, c. 64, a. 57; I.N. 2014-05-01.

II.  — Change of name by way of administrative process

1991, c. 64, Sd. 2; 2022, c. 22, s. 15.

58. The registrar of civil status has the authority to authorize a change of name for a serious reason in every case that does not come under the jurisdiction of the court, and in particular where the name generally used does not correspond to that appearing in the act of birth, where the name is of foreign origin or too difficult to pronounce or write in its original form or where the name invites ridicule or has become infamous.

The registrar also has such authority where a person applies for the addition to the surname of a part taken from the surname of the father or mother or of one of the parents, as declared in the act of birth.

1991, c. 64, a. 58; I.N. 2014-05-01; 2022, c. 22, s. 16.

59. A person who has been domiciled in Québec for at least one year may be the subject of an application for a change of name.

A child under one year of age, born and domiciled in Québec, is considered to have been domiciled in Québec for at least one year.

1991, c. 64, a. 59; I.N. 2014-05-01; 2016, c. 4, s. 8; 2016, c. 19, s. 1; 2022, c. 22, s. 17.

60. An application for a change of name for a minor child may be made by the child’s tutor or by the minor child alone if the child is 14 years of age or over.

An application for a change of the surname of the father or mother or of one of the parents as declared in the act of birth of a minor child is also valid for the minor child if the child bears the same surname or part of that surname.

1991, c. 64, a. 60; 2016, c. 19, s. 2; 2022, c. 22, s. 18.

61. A person applying for a change of name states the reasons for the application and gives the names of the father and mother or of the parents of the person who is the subject of the application and, if applicable, the name of that person’s married or civil union spouse and children and, where applicable, the name of the children’s other parent.

The person attests under oath that the reasons stated and the information given are true, and appends all the necessary documents to the application.

1991, c. 64, a. 61; 2002, c. 6, s. 3; 2016, c. 19, s. 3; 2022, c. 22, s. 19.

62. Except for a compelling reason, no change of name of a minor child may be granted if, as the case may be, the father and mother or the parents of the minor child as legal tutors, the tutor, if any, or the minor, if 14 years of age or over, have not been notified of the application or if any of those persons object to it.

The same applies in the case of an application for the addition to the surname of the minor of a part taken from the surname of the father or mother or of one of the parents, except with respect to the right to object reserved to the tutor of a minor under 14 years of age or to the minor 14 years of age or over.

1991, c. 64, a. 62; 2016, c. 19, s. 4; 2022, c. 22, s. 20.

63. Before authorizing a change of name, the registrar of civil status shall ascertain that notices of the application have been published, except where

(1)  a special exemption from publication has been granted by the Minister of Justice for reasons of general interest;

(2)  in the case of an application concerning a given name, it is clear that the change requested relates to a modification of the person’s gender identity; or

(3)  the change requested concerns a child under 6 months of age.

In addition, the registrar may require the applicant to furnish any necessary additional explanation and information and shall give third persons who so request the opportunity to state their views.

1991, c. 64, a. 63; 1996, c. 21, s. 27; 2007, c. 32, s. 8; 2013, c. 27, s. 1; 2016, c. 19, s. 5.

64. The other rules that apply to the procedure for a change of name and to the publication of the application, and the duties payable by the person making the application as well as the persons or categories of persons who may be exempt from paying those duties, are determined by regulation of the Government.

1991, c. 64, a. 64; I.N. 2014-05-01; 2016, c. 12, s. 1; 2022, c. 22, s. 21.

III.  — Change of name by way of judicial process

1991, c. 64, Sd. 3; 2022, c. 22, s. 22.

65. The court has exclusive jurisdiction to authorize the change of the name of a child in the case of a change of filiation, of abandonment by the father or mother or by one of the parents or both of them, or of deprivation of parental authority.

1991, c. 64, a. 65; 2022, c. 22, s. 23.

66. A minor 14 years of age or over acting alone may present an application for a change of name, but he shall in such a case give notice of the application to the person having parental authority and to the tutor.

The minor acting alone may also object to an application.

1991, c. 64, a. 66.

66.1. A person who wishes to file an application for a change of name for a minor child by way of administrative process may, if an objection is made, as the case may be, by the father or the mother or by one of the parents or both of them as legal tutors, by the tutor, if any, or by the minor 14 years of age or over, submit the application to the court before it is filed with the registrar of civil status.

2016, c. 19, s. 6; 2022, c. 22, s. 24.

IV.  — Effects of a change of name

1991, c. 64, Sd. 4; 2022, c. 22, s. 25.

67. A change of name produces its effects from the time the judgment authorizing it becomes final or from the time that the decision of the registrar of civil status is no longer open to review.

Notice of the decision of the registrar of civil status or of the judicial decision rendered in review of the decision of the registrar is published in accordance with the rules determined by government regulation, except where

(1)  a special exemption from publication has been granted by the Minister of Justice for reasons of general interest;

(2)  in the case of an application concerning a given name, it is clear that the change requested relates to a modification of the person’s gender identity; or

(3)  the change requested concerns a child under 6 months of age.

1991, c. 64, a. 67; 1996, c. 21, s. 27; 2007, c. 32, s. 9; 2013, c. 27, s. 2; 2016, c. 4, s. 9; 2016, c. 19, s. 7; 2016, c. 12, s. 2.

68. A change of name in no way alters the rights and obligations of a person.

1991, c. 64, a. 68; I.N. 2014-05-01.

69. All documents made under the former name of a person are deemed to be made under his new name.

The person or any interested third person may, at his expense and upon furnishing proof of the change of name, demand that the documents be rectified to indicate the new name.

1991, c. 64, a. 69; I.N. 2014-05-01.

70. Any proceedings to which a person who has changed his name is a party are continued under his new name, without continuance of suit.

1991, c. 64, a. 70.

DIVISION II DESIGNATION OF SEX

2022, c. 22, s. 26.

§ 1 . — General provision

2022, c. 22, s. 26.

70.1. The designation of sex appearing in a person’s act of birth and act of death designates the person’s sex attested at birth or the person’s gender identity if the gender identity does not correspond to the sex attested at birth.

The designation of sex is represented by letter symbols that refer to the identifiers “male”, “female” and “non-binary”. A government regulation determines the letter symbols to be used.

2022, c. 22, s. 26.

§ 2 . — Change of designation of sex

1991, c. 64, Div. IV; 2022, c. 22, s. 27.

71. Every person whose gender identity does not correspond to the designation of sex that appears in that person’s act of birth may, if the conditions prescribed by this Code and by government regulation have been met, have that designation and, if necessary, the person’s given names changed.

These changes may in no case be made dependent on the requirement to have undergone any medical treatment or surgical operation whatsoever.

Subject to article 3084.1, only a person who has been domiciled in Québec for at least one year may obtain such changes.

A child under one year of age, born and domiciled in Québec, is considered to have been domiciled in Québec for at least one year.

The conditions prescribed by government regulation that must be met to obtain such changes may vary, in particular according to the age of the person who is the subject of the application.

1991, c. 64, a. 71; 2004, c. 23, s. 1; I.N. 2014-05-01; 2013, c. 27, s. 3; 2016, c. 19, s. 8; 2022, c. 22, s. 28.

71.1. An application for a change of designation of sex for a minor child may be made by the minor alone if the minor is 14 years of age or over or by the minor’s tutor with the minor’s consent. If the minor is under 14 years of age, the application must be made by the minor’s tutor.

In the latter case, the change of designation of sex is not granted, except for a compelling reason, if the other tutor has not been notified of the application or objects to it.

2016, c. 19, s. 9.

72. The application is made to the registrar of civil status; the documents prescribed by government regulation must also be provided.

1991, c. 64, a. 72; 2013, c. 27, s. 4.

73. The application is subject to the same procedure as an application for a change of name, except as to publication requirements, and to payment of the same duties. A change of designation of sex has, with the necessary modifications, the same effects as a change of name.

1991, c. 64, a. 73; 2004, c. 23, s. 2; 2013, c. 27, s. 5; 2016, c. 4, s. 10.

73.1. A tutor who wishes to file an application for a change of designation of sex for a minor under 14 years of age may, if the other tutor objects to it, submit the application to the court before an application to obtain such a change is filed with the registrar of civil status.

2016, c. 19, s. 10.

DIVISION III REVIEW OF DECISIONS

1991, c. 64, Div. V; 2022, c. 22, s. 29.

74. Any decision of the registrar of civil status relating to the assignment of a name or to a change of name or designation of sex may be reviewed by the court, on the application of an interested person.

1991, c. 64, a. 74.

CHAPTER II DOMICILE AND RESIDENCE

75. The domicile of a person, for the exercise of his civil rights, is at the place of his principal establishment.

1991, c. 64, a. 75.

76. Change of domicile is effected by a person establishing his residence in another place with the intention of making it his principal establishment.

The proof of such intention results from the declarations of the person and from the circumstances of the case.

1991, c. 64, a. 76; I.N. 2014-05-01.

77. The residence of a person is the place where he ordinarily resides; if a person has more than one residence, his principal residence is considered in establishing his domicile.

1991, c. 64, a. 77.

78. A person whose domicile cannot be determined with certainty is deemed to be domiciled at the place of his residence.

A person who has no residence is deemed to be domiciled at the place where he happens to be or, if that is unknown, at the place of his last known domicile.

1991, c. 64, a. 78; 2016, c. 4, s. 11.

79. A person called to a temporary or revocable public office retains his domicile, unless he manifests a contrary intention.

1991, c. 64, a. 79.

80. The domicile of an unemancipated minor is that of the tutor.

Where the father and mother or the parents exercise the tutorship but have no common domicile, the domicile of the minor is presumed to be that of the parent with whom the minor usually resides unless the court has fixed the domicile of the child elsewhere.

1991, c. 64, a. 80; 2016, c. 4, s. 12; 2022, c. 22, s. 30.

81. The domicile of a person of full age under tutorship is that of the tutor.

Where the father and mother exercise the tutorship but have no common domicile, the domicile of the person of full age is that of the parent the court designates.

1991, c. 64, a. 81; 2016, c. 4, s. 13; 2020, c. 11, s. 3.

82. Married or civil union spouses may have separate domiciles without prejudice to the rules relating to community of life.

1991, c. 64, a. 82; 2002, c. 6, s. 4; I.N. 2014-05-01; 2016, c. 4, s. 14.

83. The parties to a juridical act may, in writing, elect domicile with a view to the execution of the act or the exercise of the rights arising from it.

Election of domicile is not presumed.

1991, c. 64, a. 83.

CHAPTER III ABSENCE AND DEATH

DIVISION I ABSENCE

84. An absentee is a person who, while he had his domicile in Québec, ceased to appear there, without giving news of himself, and without it being known whether he is still alive.

1991, c. 64, a. 84; I.N. 2014-05-01; 2016, c. 4, s. 15.

85. An absentee is presumed to be alive for seven years following his disappearance, unless proof of his death is made before then.

1991, c. 64, a. 85.

86. A tutor may be appointed to an absentee who has rights to be exercised or property to be administered if the absentee did not designate an administrator to his property or if the administrator is unknown, refuses or neglects to act or is prevented from acting.

1991, c. 64, a. 86.

87. Any interested person, including the Public Curator or a creditor of the absentee, may apply for the institution of tutorship to the absentee.

Tutorship is conferred by the court on the advice of the tutorship council and the rules that apply to tutorship to minors, except those set out in article 217, apply, adapted as required, to tutorship to absentees.

1991, c. 64, a. 87; I.N. 2014-05-01; 2020, c. 11, s. 4.

88. The court, on the application of the tutor or of an interested person and according to the extent of the property, fixes the amounts that it is expedient to allocate to the expenses of the marriage or civil union, to the maintenance of the family or to the payment of the obligation of support of the absentee.

1991, c. 64, a. 88; 2002, c. 6, s. 5.

89. The married or civil union spouse of or the tutor to the absentee may, after one year of absence, apply to the court for a declaration that the patrimonial rights of the spouses may be liquidated.

The tutor shall obtain the authorization of the court to accept or renounce the partition of the acquests of the spouse of the absentee or otherwise decide on the other rights of the absentee.

1991, c. 64, a. 89; 2002, c. 6, s. 6.

90. Tutorship to an absentee is terminated by his return, by the appointment by him of an administrator to his property, by declaratory judgment of death or by proof of his death.

1991, c. 64, a. 90.

91. In case of superior force, a tutor may also be appointed, as in the case of an absentee, to a person prevented from appearing at his domicile and who is unable to appoint an administrator to his property.

1991, c. 64, a. 91.

DIVISION II DECLARATORY JUDGMENT OF DEATH

92. A declaratory judgment of death may be pronounced on the application of any interested person, including the Public Curator or the Minister of Revenue as provisional administrator of property, seven years after the disappearance.

It may also be pronounced before that time where the death of a person domiciled in Québec or presumed to have died there may be held to be certain although it is impossible to draw up an attestation of death.

1991, c. 64, a. 92; 2005, c. 44, s. 47; I.N. 2014-05-01.

93. A declaratory judgment of death states the name and sex of the person presumed dead and, if known, the place and date of the person’s birth and, if applicable, marriage or civil union, the name of the person’s spouse and father and mother or parents, as well as the person’s last domicile, and date, time and place of death.

A copy of the judgment is transmitted without delay to the chief coroner by the clerk of the court that rendered the decision.

1991, c. 64, a. 93; 2002, c. 6, s. 7; 2022, c. 22, s. 31.

94. The date fixed as the date of death is either the date upon expiry of seven years from the disappearance, or an earlier date if the presumptions drawn from the circumstances allow the death of a person to be held to be certain at that date.

In the absence of other proof, the place fixed as the place of death is that where the person was last seen.

1991, c. 64, a. 94; I.N. 2014-05-01.

95. A declaratory judgment of death produces the same effects as death.

1991, c. 64, a. 95.

96. If the date of death is proved to precede that fixed by the declaratory judgment of death, the dissolution of the matrimonial or civil union regime is retroactive to the true date of death and the succession is open from that date.

If the date of death is proved to follow that fixed by the declaratory judgment of death, the dissolution of the matrimonial or civil union regime is retroactive to the date fixed by the judgment but the succession is open only from the true date of death.

Relations between the apparent heirs and the true heirs are governed by those rules contained in the Book on Obligations which concern the restitution of prestations.

1991, c. 64, a. 96; 2002, c. 6, s. 8.

DIVISION III RETURN

97. Where a person declared dead by a declaratory judgment of death returns, the effects of the judgment cease but the marriage or civil union remains dissolved.

However, if difficulties arise over custody of the children or support, they are settled as in the case of separation from bed and board or the dissolution of a civil union.

1991, c. 64, a. 97; 2002, c. 6, s. 9.

98. A person who has returned shall apply to the court for annulment of the declaratory judgment of death and rectification of the register of civil status. He may also, subject to the rights of third persons, apply to the court for the cancellation or rectification of the particulars or entries made following the declaratory judgment of death and nullified by his return, as if they had been made without right.

Any interested person may make the application to the court at the expense of the person who has returned if the latter fails to act.

1991, c. 64, a. 98.

99. A person who has returned recovers his property in accordance with the rules contained in the Book on Obligations which concern the restitution of prestations. He reimburses the persons who, in good faith, were in possession of his property and who discharged his obligations otherwise than with his property.

1991, c. 64, a. 99; I.N. 2014-05-01.

100. Any payment made to the heirs or legatees by particular title of a person who has returned after a declaratory judgment of death but before the particulars or entries are cancelled or rectified is valid and constitutes a valid discharge.

1991, c. 64, a. 100.

101. An apparent heir who learns that the person declared dead is alive retains possession of the property and acquires the fruits and revenues there of until the person who has returned asks to recover the property.

1991, c. 64, a. 101; I.N. 2014-05-01.

DIVISION IV PROOF OF DEATH

102. Proof of death is established by an act of death, except in cases where the law authorizes another mode of proof.

1991, c. 64, a. 102.

CHAPTER IV REGISTER AND ACTS OF CIVIL STATUS

DIVISION I OFFICER OF CIVIL STATUS

103. The registrar of civil status is the sole officer of civil status.

The registrar is responsible for drawing up and altering acts of civil status, for the keeping and custody of the register of civil status and for ensuring its publication.

1991, c. 64, a. 103; 2016, c. 4 , s. 16.

DIVISION II REGISTER OF CIVIL STATUS

104. The register of civil status consists of all the acts of civil status and the juridical acts by which they are altered.

1991, c. 64, a. 104.

105. The register of civil status is kept in duplicate.

1991, c. 64, a. 105; 2013, c. 27, s. 6.

106. (Repealed).

1991, c. 64, a. 106; 2013, c. 27, s. 7.

DIVISION III ACTS OF CIVIL STATUS

§ 1 . — General provisions

107. The only acts of civil status are acts of birth, acts of marriage or civil union and acts of death.

They contain only what is required by law, and are authentic.

1991, c. 64, a. 107; 2002, c. 6, s. 10.

108. The acts of civil status are drawn up without delay from the attestations, declarations and juridical acts received by the registrar of civil status, regarding births, marriages, civil unions and deaths occurring in Québec or concerning persons domiciled in Québec.

Where a name contains characters, diacritical signs or a combination of a character and a diacritical sign that are not used for the writing of French, the name must be transcribed into French. The transcription is entered in the register and is substituted for the original form of the name on copies of acts, certificates and attestations. The original spelling of the name is preserved, subject to the modifications required by the transcription.

1991, c. 64, a. 108; 1999, c. 47, s. 3; 2002, c. 6, s. 11; 2013, c. 27, s. 8; 2022, c. 14, s. 124.

109. The registrar of civil status prepares an act of civil status by signing the declaration drawn up in French that he receives, or by drawing it up himself in French in accordance with the judgment, with a declaration drawn up in English or with another act he receives. Where necessary to obtain the information required to draw up the act of civil status, the registrar makes a summary investigation.

He dates the declaration he signed or drew up, assigns a registration number to it and inserts it in the register of civil status. The declaration thereupon constitutes an act of civil status.

1991, c. 64, a. 109; 2004, c. 3, s. 12; 2013, c. 27, s. 9; I.N. 2014-05-01; 2022, c. 14, s. 125.

110. Every attestation and declaration indicates the date on which it was made and the name, quality and domicile of the person making it and bears his signature.

1991, c. 64, a. 110.

§ 2 . — Acts of birth

111. The accoucheur draws up an attestation of birth.

An attestation states the place, date and time of birth, the sex of the child, and the name and domicile of the mother or of the parent who gave birth to the child.

1991, c. 64, a. 111; 2022, c. 22, s. 32.

112. The accoucheur transmits a copy of the attestation to those who are required to declare the birth; he transmits without delay another copy of the attestation to the registrar of civil status.

1991, c. 64, a. 112; 2013, c. 27, s. 10.

113. The declaration of birth of a child is made by the father and mother or by the parents, or by one of them, to the registrar of civil status within 30 days.

Where a parental project involving surrogacy is carried to completion, the declaration must be accompanied by an authentic copy of the notarized surrogacy agreement and by a copy of the written statement of consent referred to in article 541.9. If the woman or the person who gave birth to the child dies or becomes incapable of giving consent before expressing their will, the declaration must be accompanied by a document indicating the death or by a certificate establishing the incapacity, as the case may be.

1991, c. 64, a. 113; 2013, c. 27, s. 11; 2023, c. 13, s. 2.

113.1. The mother or the person who gave birth to the child shall, subject to the rules of filiation for a child born of a parental project involving surrogacy, declare the filiation of the child with regard to themselves.

2023, c. 13, s. 3.

114. Only the father, mother or parent may declare the filiation of a child with regard to themselves. However, where the child is conceived or born during the marriage, civil union or de facto union, one of the spouses may declare the filiation of the child with regard to the other spouse.

In the case of a de facto union, the declaring spouse must provide, with the declaration of birth, an affidavit in which the spouse states the facts and circumstances showing that the child was born during the union or within 300 days after the end of the union. The spouse must also attach to the declaration an affidavit from a third person corroborating the spouse’s affidavit and, where applicable, any other evidence proving the union. If need be, the registrar of civil status makes a summary investigation to obtain additional information.

No other person may declare the filiation with regard to one of the parents, except with the authorization of that parent.

1991, c. 64, a. 114; 2002, c. 6, s. 12; 2022, c. 22, s. 33.

115. A declaration of birth states the name assigned to the child, the usual given name if the child has more than one given name, the sex, the place, date and time of birth, and the name and domicile of the child’s father and mother or parents. It also states the family relationship between the declarant and the child. The declarant is then designated as being the father, mother or parent according to the designation of sex appearing in the declarant’s act of birth or, at the declarant’s choice, as being the child’s parent.

1991, c. 64, a. 115; 2002, c. 19, s. 15; 2002, c. 6, s. 13; 2013, c. 27, s. 12; 2022, c. 22, s. 295; 2022, c. 22, s. 34.

116. Every person who gives shelter to or takes custody of a newborn child whose father and mother or parents are unknown or prevented from acting is bound to declare the birth to the registrar of civil status within 30 days.

A declaration states the sex and, if known, the name and the place, date and time of birth of the child. The person making a declaration shall also provide a note relating the facts and circumstances and indicating, if known to him, the names of the father and mother or of the parents.

Where the child is born of a parental project involving surrogacy, the person making the declaration shall also provide the documents required under the second paragraph of article 113. If the person making the declaration does not have access to an authentic copy of the notarized surrogacy agreement, the person shall provide the information held in that regard. The registrar of civil status may then obtain from the depositary of the original agreement an authentic copy of the agreement.

1991, c. 64, a. 116; 2013, c. 27, s. 13; 2023, c. 13, s. 4.

116.1. The obligation, for those who must draw up an attestation of birth or declare the birth of a child, to indicate the child’s sex in the attestation or declaration may not be made dependent on the requirement for the child to have undergone any medical treatment or surgical operation whatsoever.

2022, c. 22, s. 35.

117. Where the place, date and time of birth are unknown, the registrar of civil status establishes them on the basis of a medical report and the presumptions that may be drawn from the circumstances.

1991, c. 64, a. 117; I.N. 2014-05-01.

§ 3 . — Acts of marriage

118. The declaration of marriage is made to the registrar of civil status by the officiant within 30 days after the solemnization.

1991, c. 64, a. 118; 1999, c. 47, s. 4; 2016, c. 12, s. 3.

119. A declaration of marriage states the name and domicile of each spouse, their places and dates of birth, the place and date of their marriage, and the name of the father and mother or of the parents of each of them and of the witnesses.

The declaration also states the name, domicile and quality of the officiant and indicates, where applicable, the religious society to which he belongs.

1991, c. 64, a. 119; 2016, c. 4, s. 17; 2022, c. 22, s. 36.

120. A declaration of marriage indicates, where such is the case, the fact of a dispensation from publication, the fact that the spouses were already in a civil union and, if one of the spouses is a minor, the fact that the court has authorized the solemnization of the marriage.

1991, c. 64, a. 120; 2004, c. 23, s. 3; 2016, c. 12, s. 4.

121. The declaration is signed by the officiant, the spouses and the witnesses.

1991, c. 64, a. 121.

§ 3.1 . — Acts of civil union

2002, c. 6, s. 14.

121.1. The declaration of civil union is made without delay to the registrar of civil status by the person having solemnized the civil union.

2002, c. 6, s. 14.

121.2. The declaration of civil union states the names and domicile and places and dates of birth of the spouses, the place and date of solemnization of the civil union, and the names of their fathers and mothers or of their parents, and of the witnesses. Where applicable, the declaration indicates that a dispensation from publication has been granted.

The declaration also states the name, domicile and quality of the officiant and indicates, where applicable, the religious society to which he belongs.

2002, c. 6, s. 14; I.N. 2014-05-01; 2016, c. 4, s. 18; 2022, c. 22, s. 37.

121.3. The declaration is signed by the officiant, the spouses and the witnesses.

2002, c. 6, s. 14.

§ 4 . — Acts of death

122. The physician or nurse who establishes that a death has occurred draws up an attestation of death.

He transmits a copy of the attestation to the person who is required to declare the death. Another copy is sent without delay to the registrar of civil status by the physician or nurse or by the funeral services business that takes charge of the body of the deceased, together with the declaration of death, unless it cannot be transmitted immediately.

1991, c. 64, a. 122; 1999, c. 47, s. 5; 2016, c. 1, s. 106; 2023, c. 15, s. 47.

123. If it is impossible to have a death attested by a physician or by a nurse within a reasonable time, and if death is obvious, the attestation of death may be drawn up by two peace officers, who are then bound by the same obligations as the physician and nurse.

1991, c. 64, a. 123; 2023, c. 15, s. 48.

124. An attestation states the name and sex of the deceased and the place, date and time of death.

1991, c. 64, a. 124.

125. A declaration of death is made without delay to the registrar of civil status by the spouse of the deceased, a close relative or a person connected by marriage or a civil union or, failing them, by any other person able to identify the deceased. If a funeral services business has taken charge of the body, it declares the time, place and mode of disposal of the body.

1991, c. 64, a. 125; 1999, c. 47, s. 6; 2002, c. 6, s. 235; 2013, c. 27, s. 14; 2016, c. 1, s. 107.

126. A declaration of death states the name, designation of sex appearing in the act of birth, and place and date of birth and, if applicable, of marriage or civil union of the deceased, the name of the spouse, the names of the father and mother or of the parents and the last domicile of the deceased and the place, date and time of death as well as the time, place and mode of disposal of the body.

1991, c. 64, a. 126; 2002, c. 6, s. 15; 2013, c. 27, s. 15; 2022, c. 22, s. 38.

127. Where the date and time of death are unknown, the registrar of civil status establishes them on the basis of the report of a coroner and the presumptions that may be drawn from the circumstances.

If the place of death is unknown, it is presumed to be the place where the body was discovered.

1991, c. 64, a. 127; I.N. 2014-05-01.

128. If the deceased’s identity is unknown, the attestation includes a description of the body and an account of the circumstances surrounding its discovery.

1991, c. 64, a. 128; I.N. 2014-05-01.

DIVISION IV ALTERATION OF THE REGISTER OF CIVIL STATUS

§ 1 . — General provision

129. The clerk of the court that has rendered a judgment changing the name of a person or otherwise altering the status of a person or any particular in an act of civil status gives notice of the judgment to the registrar of civil status as soon as it becomes final.

The authority that issues an Aboriginal customary adoption certificate notifies it to the registrar of civil status within 30 days after it was issued.

The notary who executes a joint declaration dissolving a civil union gives notice of the declaration without delay to the registrar of civil status.

The registrar of civil status then makes the required entries in the register.

1991, c. 64, a. 129; 1999, c. 47, s. 7; 2002, c. 6, s. 16; 2013, c. 27, s. 16; 2016, c. 4, s. 19; 2017, c. 12, s. 1.

§ 1.1 . — Change of parental designation

2022, c. 22, s. 39.

129.1. Any person may apply to have the designation “father”, “mother” or “parent” appearing in their child’s act of birth correspond to the designation of sex appearing in their act of birth or, at their choice, to have the designation “parent” appear in their child’s act of birth.

A child 14 years of age or over shall be notified of such an application and may object to the change of the designation “father” or “mother”, as the case may be. If an objection is made, the designation “parent” is assigned. A minor under 14 years of age shall be informed of the change made to his act by the person having parental authority.

The rules of procedure for such an application and the duties payable by the person making the application are determined by government regulation.

2022, c. 22, s. 39.

§ 2 . — Preparation of acts and notations

130. Where a birth, marriage, civil union or death having occurred in Québec is not attested or declared or is attested or declared inaccurately or late, the registrar of civil status makes a summary investigation, draws up the act of civil status on the basis of the information he obtains and inserts the act in the register of civil status.

Where a tardy declaration is made which adds to an earlier one without contradicting it, the registrar of civil status may, with the consent of the author of the earlier declaration, alter the act of civil status accordingly. However, in the case of a declaration of filiation, alteration of the act of civil status is conditional upon the consent of the child if he is 14 years of age or over and upon the absence of a bond of filiation established in favour of another person by the acknowledgement of a bond of filiation in the declaration of birth, uninterrupted possession of status or a legal presumption; it is also conditional upon the absence of any objection from a third person within 20 days of the publication of a notice in accordance with the rules determined by government regulation.

1991, c. 64, a. 130; 1999, c. 47, s. 8; 2002, c. 6, s. 17; 2023, c. 13, s. 5.

131. Where the declaration and the attestation contain particulars that are contradictory yet essential to the establishment of the status of a person, no act of civil status may be drawn up except with the authorization of the court, on the application of the registrar of civil status or of an interested person.

1991, c. 64, a. 131.

132. A new act of civil status is drawn up, on the application of an interested person, where a judgment changing an essential particular in an act of civil status, such as the name or filiation of a person, has been notified to the registrar of civil status or where the decision to authorize a change of name or of designation of sex has become final. The same applies where an Aboriginal customary adoption certificate has been notified to the registrar of civil status.

To complete the act, the registrar may require the new declaration he draws up to be signed by those who could have signed it if it had been the original declaration.

The new act is substituted for the original act; it repeats all the statements and particulars that are not affected by the alterations and, in the case of an adoption with recognition of a pre-existing bond of filiation, those relating to that bond, specifying their antecedence. In the case of an Aboriginal customary adoption, the new act in addition makes mention, where applicable, of the rights and obligations that subsist between the adoptee and a parent of origin, with a reference to the altering act. Finally, the substitution is noted in the original act.

1991, c. 64, a. 132; 2016, c. 4, s. 20; 2017, c. 12, s. 2.

132.0.1. An Aboriginal customary adoption certificate states the name and sex of the child, the place, date and time of birth, the date of the adoption, the names, dates of birth and places of domicile of the father and mother or of the parents of origin and of the adopters and, where applicable, the new name given to the child.

It mentions that the adoption took place in accordance with applicable Aboriginal custom and, where applicable, mentions the recognition of a pre-existing bond of filiation, and specifies any rights and obligations that subsist between the adoptee and his parent of origin.

The certificate states the date on which it was made and the name, capacity and domicile of its author, and bears the latter’s signature.

2017, c. 12, s. 3; 2022, c. 22, s. 40.

132.1. Where a child domiciled outside Québec is adopted by a person domiciled in Québec, the registrar of civil status draws up the act of birth on the basis of the judgment rendered in Québec, the decision judicially recognized in Québec or any other act notified to the registrar which, under the law, produces the effects of adoption in Québec.

The clerk of the court notifies the judgment to the registrar of civil status as soon as it becomes final and, where applicable, attaches the decision or the act thereto.

The Minister of Health and Social Services notifies to the registrar of civil status the certificate issued by the foreign competent authority and the declaration containing the name chosen for the child transmitted to the Minister under the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3), unless the Minister has applied to the court for a ruling under the second paragraph of section 9 of that Act. Where applicable, the Minister also notifies the certificate drawn up by the Minister under the same section to attest to the conversion of the adoption.

The authority that issues an act recognizing an Aboriginal customary adoption notifies it to the registrar of civil status within 30 days after it was issued and attaches the act recognized.

2004, c. 3, s. 13; 2006, c. 34, s. 76; 2016, c. 4, s. 21; 2017, c. 12, s. 4.

132.2. The clerk of the court that has rendered a judgment recognizing an act of birth drawn up by a foreign competent authority or recognizing a foreign decision regarding the filiation of a child born of a parental project involving surrogacy in which the woman or the person who gave birth to the child is domiciled outside Québec notifies the judgment to the registrar of civil status as soon as the judgment becomes final.

On receipt of the judgment, the registrar of civil status, as the case may be,

(1)  inserts the act of birth that has been the object of a judicial recognition in the register of civil status; or

(2)  draws up the act of birth from the foreign decision that has been the object of a judicial recognition, indicating the particulars consistent with the foreign decision and, where that decision has established the child’s filiation with regard to only one of the spouses who formed the parental project, the particulars consistent with the judgment rendered following an application made under the second paragraph of article 541.34.

2023, c. 13, s. 6.

133. Where a declaratory judgment of death is notified to him, the registrar of civil status draws up the act of death, indicating the particulars in accordance with the judgment.

1991, c. 64, a. 133.

133.1. Where a court has found a person guilty of acts having caused the death of a missing person or the disappearance of a deceased person’s body, any interested person may declare the death of the absentee to the registrar of civil status. A copy of the judgment of guilty, having become final, must be attached to the declaration of death.

The registrar draws up the act of death of the absentee. Where the date, time and place of death are unknown, the registrar fixes them on the basis of the particulars of the judgment and the presumptions that may be drawn from the circumstances.

The act drawn up by the registrar produces the same effects as a declaratory judgment of death.

2013, c. 27, s. 17.

134. The registrar of civil status makes a notation of the act of marriage or civil union in the act of birth, and makes a notation of the act of death in the act of birth and the act of marriage or civil union.

1991, c. 64, a. 134; 1999, c. 47, s. 9; 2002, c. 6, s. 18; 2013, c. 27, s. 18.

135. The registrar of civil status, upon notification of a judgment granting a divorce, shall make a notation of the judgment in the acts of birth and marriage of each of the parties.

Upon notification of a joint notarial declaration or a judgment dissolving a civil union, the registrar shall make a notation of the declaration or judgment in the acts of birth and civil union of each of the persons concerned.

Upon receiving a declaration of marriage indicating that the spouses were already in a civil union, the registrar shall make a notation of the declaration in the act of civil union.

Upon notification of a judgment declaring a marriage or civil union null or annulling a declaratory judgment of death, the registrar shall cancel the act of marriage or civil union or of death, as the case may be, and make the required entries in the register to ensure the coherence of the register.

1991, c. 64, a. 135; 1999, c. 47, s. 10; 2002, c. 6, s. 19; 2004, c. 23, s. 4; 2013, c. 27, s. 19; I.N. 2014-05-01; I.N. 2015-11-01.

136. Where the registrar of civil status makes a notation in an act as a result of a judgment, he enters, in the act, the subject matter and date of the judgment, the court that rendered it and the number of the court record.

In any other case, he makes the necessary notations in the act to allow retrieval of the altering act.

1991, c. 64, a. 136; I.N. 2015-11-01.

137. The registrar of civil status, upon receiving an act of civil status drawn up outside Québec but relating to a person domiciled in Québec, inserts the act in the register as though it were an act drawn up in Québec.

He also inserts the juridical acts drawn up outside Québec which alter or replace acts of civil status in his possession; he then makes the entries in the register.

Notwithstanding their insertion in the register, juridical acts, including acts of civil status, drawn up outside Québec retain their status as semi-authentic acts until their validity is recognized by a court in Québec. The registrar shall mention this fact when issuing copies, certificates or attestations as to those acts.

1991, c. 64, a. 137; 1999, c. 47, s. 11; 2013, c. 27, s. 21; I.N. 2014-05-01.

138. Where there is any doubt as to the validity of an act of civil status or a juridical act drawn up outside Québec, the registrar of civil status may refuse to act until the validity of the document is recognized by a court in Québec.

1991, c. 64, a. 138; I.N. 2014-05-01.

139. If an act of civil status drawn up outside Québec has been lost or destroyed or if no copy of it can be obtained, the registrar of civil status shall not draw up an act of civil status or make a notation in an act already in his possession except with the authorization of the court.

1991, c. 64, a. 139.

140. Every act of civil status or juridical act made outside Québec and drawn up in a language other than French shall be accompanied by a translation authenticated in Québec.

The same applies to Aboriginal customary adoption certificates and to acts recognizing such adoptions drawn up in a language other than French or English.

1991, c. 64, a. 140; 2017, c. 12, s. 5; 2022, c. 14, s. 126.

§ 3 . — Rectification and reconstitution of an act and of the register

141. Except in the cases provided for in this chapter, only the court may order the rectification of an act of civil status or its insertion in the register.

The court may also, on the application of an interested person, review any decision of the registrar of civil status relating to an act of civil status.

1991, c. 64, a. 141.

142. The registrar of civil status corrects the clerical errors in all acts.

1991, c. 64, a. 142; 1999, c. 47, s. 12; 2013, c. 27, s. 22.

143. On the basis of the information he obtains, the registrar of civil status reconstitutes, in accordance with the Code of Civil Procedure (chapter C-25.01), any act which has been lost or destroyed.

1991, c. 64, a. 143; I.N. 2016-01-01 (NCCP).

DIVISION V PUBLICATION OF THE REGISTER OF CIVIL STATUS

144. The register of civil status is published by the issuing of copies of acts, certificates or attestations bearing the vidimus of the registrar of civil status and the date of issue.

Subject to article 137, copies of acts of civil status, certificates and attestations so issued are authentic.

1991, c. 64, a. 144; I.N. 2014-05-01.

145. Any document which reproduces in their entirety the statements of an act of civil status, including the notations thereon, as altered, but excluding notations required by regulation which are not essential to the establishment of the status of a person, is a copy of that act.

1991, c. 64, a. 145; 1999, c. 47, s. 13.

146. A certificate of civil status states the person’s name and designation of sex, the place and date of birth as well as the name of the father and mother or of the parents and, if the person is deceased, the place and date of death. It also states, if applicable, the place and date of the person’s marriage or civil union and the name of the spouse.

The registrar of civil status may also issue certificates of birth, marriage, civil union or death bearing only the particulars determined by government regulation.

1991, c. 64, a. 146; 2002, c. 6, s. 20; 2022, c. 22, s. 41.

147. An attestation deals with the presence or absence in the register of an act or of a notation required by law to be made in the act.

A detailed attestation deals with the information contained in the copy of the attestation of birth transmitted by the accoucheur to the registrar of civil status and with the nature of the changes made to an act of birth, if any.

1991, c. 64, a. 147; 2022, c. 22, s. 42.

148. The registrar of civil status issues a copy of an act or a certificate only to the persons mentioned in the act or to persons who establish their interest. The registrar may require any person applying for a copy of an act or a certificate to produce such documents and information as are necessary to verify the person’s identity or interest.

The registrar issues an attestation to all persons who apply therefor if the particular or fact he attests to is of the kind which appears on certificates; otherwise, he issues it only to persons who establish their interest. He issues detailed attestations only to the person whose birth is attested in the act of birth.

1991, c. 64, a. 148; 2001, c. 41, s. 1; 2001, c. 70, s. 1; I.N. 2014-05-01; 2022, c. 22, s. 43.

149. Where a new act has been drawn up, only the persons mentioned in the new act may obtain a copy of the original act. However, in cases of adoption, no copy of the original act is ever issued unless, the other conditions of law having been fulfilled, it is authorized by the court.

Once an act has been annulled, only persons who establish their interest may obtain a copy of the annulled act.

1991, c. 64, a. 149.

149.1. In the case of an Aboriginal customary adoption with subsisting rights and obligations between the adoptee and a parent of origin, the copy of an Aboriginal customary adoption certificate may only be issued to persons named in the certificate and to persons who establish their interest.

2017, c. 12, s. 6.

150. The register of civil status may be consulted only with the authorization of the registrar of civil status.

Where the registrar allows the register to be consulted, he determines the conditions required for the safeguard of the information it contains.

1991, c. 64, a. 150.

DIVISION VI REGULATORY POWERS RELATING TO THE KEEPING AND PUBLICATION OF THE REGISTER OF CIVIL STATUS

151. The registrar of civil status may designate one or more members of his personnel to replace him temporarily if he is absent or unable to act. He may also delegate certain of his functions to his personnel.

Designations and delegations under the first paragraph are made in writing. They take effect upon their signature by the registrar of civil status. Acts of designation and delegation must be published in the Gazette officielle du Québec.

The additional particulars that may appear on attestations and declarations, the duties payable for the issuing of copies of acts, certificates or attestations and the charge for preparing or altering an act or for consulting the register, as well as the persons or categories of persons who may be exempt from paying the duties, are determined by regulation of the Government.

1991, c. 64, a. 151; 1996, c. 21, s. 27; 1999, c. 47, s. 14; 2022, c. 22, s. 45.

152. In Cree, Inuit or Naskapi communities, the local registry officer or another public servant appointed under any Act respecting Cree, Inuit and Naskapi native persons may be authorized, to the extent provided by regulation, to perform certain duties of the registrar of civil status.

Within the context of an agreement concluded between the Government and a Mohawk community, the registrar of civil status may agree with the person designated by the community to a special procedure for the transmission of information concerning marriages solemnized in the territory defined in the agreement and for the transmission of declarations of birth, marriage or death concerning members of the community, as well as for entry in the register of the traditional names of the members of the community.

1991, c. 64, a. 152; 1999, c. 53, s. 19.

DIVISION VII Authorities competent to issue Aboriginal customary adoption certificates

2017, c. 12, s. 7.

152.1. The authority that is competent to issue an Aboriginal customary adoption certificate is a person or body domiciled in Québec and designated by the Aboriginal community or nation. The competent authority may not, when called on to act, be a party to the adoption.

The act designating such an authority must be notified to the registrar of civil status within 30 days after the designation and, where applicable, the latter must be notified within that same time of the date on which the authority ceases to be competent.

2017, c. 12, s. 7.

TITLE FOUR CAPACITY OF PERSONS

CHAPTER I MAJORITY AND MINORITY

DIVISION I MAJORITY

153. Full age or the age of majority is 18 years.

On attaining full age, a person ceases to be a minor and has the full exercise of all his civil rights.

1991, c. 64, a. 153.

154. In no case may the capacity of a person of full age be limited except by express provision of law or by a judgment ordering the institution of tutorship to a person of full age, homologating a protection mandate or authorizing temporary representation of an incapable person of full age.

1991, c. 64, a. 154; 2020, c. 11, s. 5.

DIVISION II MINORITY

155. A minor exercises his civil rights only to the extent provided by law.

1991, c. 64, a. 155.

156. A minor 14 years of age or over is deemed to be of full age for all acts pertaining to his employment or to the practice of his craft or profession.

1991, c. 64, a. 156.

157. A minor may, within the limits imposed by his age and power of discernment, enter into contracts alone to meet his ordinary and usual needs.

1991, c. 64, a. 157.

158. Except where he may act alone, a minor is represented by his tutor for the exercise of his civil rights.

Unless the law or the nature of the act does not allow it, an act that may be performed by a minor alone may also be validly performed by his representative.

1991, c. 64, a. 158.

159. In judicial matters, a minor shall be represented by his tutor; his actions are brought in the name of his tutor.

A minor may, however, with the authorization of the court, institute alone an action relating to his status, to the exercise of parental authority or to an act that he may perform alone; he may in such cases act alone as defendant.

1991, c. 64, a. 159.

160. A minor may invoke alone, in his defence, any irregularity arising from lack of representation or incapacity resulting from his minority.

1991, c. 64, a. 160; I.N. 2014-05-01.

161. An act performed alone by a minor where the law does not allow him to act alone or through a representative is absolutely null.

1991, c. 64, a. 161.

162. An act performed by the tutor without the authorization of the court although the nature of the act requires it may be annulled on the application of the minor, without any requirement to prove that he has suffered injury.

1991, c. 64, a. 162; I.N. 2014-05-01.

163. An act performed alone by a minor or performed by his tutor without the authorization of the tutorship council although the nature of the act requires it may not be annulled nor the obligations arising from it reduced, on the application of the minor, unless he suffers injury therefrom.

1991, c. 64, a. 163; I.N. 2014-05-01.

164. A minor may not bring an action in nullity or reduction of his obligations if the injury he suffers is caused by a fortuitous and unforeseen event.

A minor may not avoid an extracontractual obligation to redress injury caused to another by his fault.

1991, c. 64, a. 164; I.N. 2014-05-01.

165. The mere declaration by a minor that he is of full age does not deprive him of his action in nullity or in reduction of his obligations.

1991, c. 64, a. 165; I.N. 2014-05-01.

166. On attaining full age, a person may confirm an act he performed alone during minority for which he was required to be represented. After the accounts of the tutorship are rendered, he may also confirm an act which his tutor performed without observance of all the formalities.

1991, c. 64, a. 166; I.N. 2014-05-01; I.N. 2015-11-01.

DIVISION III EMANCIPATION

§ 1 . — Simple emancipation

167. The tutor may, after obtaining the agreement of the tutorship council, emancipate a minor if he is 16 years of age or over and requests it, by filing a declaration to that effect with the Public Curator.

Emancipation is effective from the filing of the declaration.

1991, c. 64, a. 167.

168. The court may likewise, after obtaining the advice of the tutor and, where applicable, of the tutorship council, emancipate a minor.

A minor may apply alone for his emancipation.

1991, c. 64, a. 168.

169. The tutor shall render an account of his administration to the emancipated minor; he continues, however, to assist him gratuitously.

1991, c. 64, a. 169; 2016, c. 4, s. 22.

170. Emancipation does not put an end to minority nor does it confer all the rights resulting from majority, but it releases the minor from the obligation to be represented for the exercise of his civil rights.

1991, c. 64, a. 170.

171. An emancipated minor may establish his own domicile, and he ceases to be under the authority of his father and mother or of his parents.

1991, c. 64, a. 171; 2022, c. 22, s. 46.

172. In addition to the acts that a minor may perform alone, an emancipated minor may perform all acts of simple administration; thus, he may, as a lessee, enter into leases for terms not exceeding three years and make gifts of his property according to his means, provided he does not appreciably reduce his capital.

1991, c. 64, a. 172; I.N. 2014-05-01; 2016, c. 4, s. 23.

173. An emancipated minor shall be assisted by his tutor for every act beyond simple administration, and in particular in accepting a gift encumbered with a charge or in renouncing a succession.

An act performed without assistance may not be annulled nor the obligations arising from it reduced unless the minor suffers injury therefrom.

1991, c. 64, a. 173; I.N. 2014-05-01.

174. Large loans or borrowings, considering the patrimony of an emancipated minor, and acts of alienation of an immovable or enterprise require the authorization of the court, on the advice of the tutor. In the absence of such authorization, the act may not be annulled or the obligations arising from the act reduced on the application of the minor, unless he suffers injury therefrom.

1991, c. 64, a. 174; I.N. 2014-05-01; 2016, c. 4, s. 24.

§ 2 . — Full emancipation

175. Full emancipation is obtained by marriage.

It may also, on the application of the minor, be granted by the court for a serious reason; in that case, the person having parental authority, the tutor and any person having custody of the minor and, where applicable, the tutorship council shall be summoned to give their advice.

1991, c. 64, a. 175; I.N. 2014-05-01.

176. Full emancipation enables a minor to exercise his civil rights as if he were of full age.

1991, c. 64, a. 176.

§ 3 . — Certificate of emancipation

2017, c. 18, s. 91.

176.1. The clerk may issue, to an emancipated minor who so requests, a certificate attesting to his emancipation by the court. The certificate states whether the emancipation is simple or full.

2017, c. 18, s. 91.

CHAPTER II TUTORSHIP TO MINORS

DIVISION I TUTORSHIP

177. Tutorship is established in the interest of the minor; it is intended to ensure the protection of his person, the administration of his patrimony and, generally, to secure the exercise of his civil rights.

1991, c. 64, a. 177.

178. Tutorship to minors is legal, suppletive or dative.

Tutorship resulting from the law is legal. Tutorship for which a tutor is designated by the father or mother or by the parents or one of them, as the case may be, is suppletive or dative; in the case of dative tutorship, the tutor may also be designated by the court.

1991, c. 64, a. 178; 2017, c. 12, s. 8; 2022, c. 22, s. 47.

179. Tutorship is a personal office open to every natural person capable of fully exercising his civil rights who is able to assume the office.

1991, c. 64, a. 179.

180. No one may be compelled to accept a dative tutorship except, failing any other person, the director of youth protection or, for tutorship to property, the Public Curator.

1991, c. 64, a. 180; I.N. 2015-11-01.

181. Tutorship does not pass to the heirs of the tutor; they are simply accountable for his administration. If they are of full age, they are bound to continue his administration until a new tutor is appointed.

1991, c. 64, a. 181; I.N. 2014-05-01.

182. Tutorship exercised by the director of youth protection or the Public Curator is attached to the office.

1991, c. 64, a. 182.

183. The father and mother or the parents, the director of youth protection or the person recommended by him as tutor exercise tutorship gratuitously.

However, the father and mother or the parents may receive such remuneration as may be fixed by the court, on the advice of the tutorship council, for the administration of the property of their child where that is one of their principal occupations.

1991, c. 64, a. 183; I.N. 2014-05-01; 2022, c. 22, s. 48.

184. A dative tutor may receive such remuneration as is fixed by the court on the advice of the tutorship council or by the father or mother or the parent by whom he is appointed, or by the liquidator of their succession if so authorized. The expenses of the tutorship and the revenue from the property to be administered are taken into account.

Such remuneration and, where applicable, the terms and conditions for its renewal by the tutorship council may be fixed by the court when instituting the tutorship or subsequently.

1991, c. 64, a. 184; 2022, c. 22, s. 49; 2020, c. 11, s. 6.

185. Except where divided, tutorship extends to the person and property of the minor.

1991, c. 64, a. 185.

186. Where tutorship extends to the person of the minor and is exercised by a person other than the father or mother or the parents, the tutor acts as the person having parental authority, unless the court decides otherwise.

1991, c. 64, a. 186; 2022, c. 22, s. 50.

187. In no case may more than one tutor to the person be appointed, but several tutors to property may be appointed.

However, in the case of a suppletive tutorship, two tutors to the person may be appointed.

1991, c. 64, a. 187; 2017, c. 12, s. 9.

188. The tutor to property is responsible for the administration of the property of the minor.

Where several tutors to property are appointed, each of them is accountable for the management of the property entrusted to him.

1991, c. 64, a. 188; 2020, c. 11, s. 7.

189. A legal person may act as tutor to property, if so authorized by law.

1991, c. 64, a. 189.

190. Whenever a minor has any interest to discuss judicially with his tutor, a tutor ad hoc is appointed to him.

1991, c. 64, a. 190.

191. The tutorship is based at the domicile of the minor.

If a tutorship is exercised by the director of youth protection or by the Public Curator, the tutorship is based at the place where that person holds office.

1991, c. 64, a. 191; I.N. 2014-05-01.

DIVISION II LEGAL TUTORSHIP

192. In addition to having the rights and duties connected with parental authority, the father and mother or the parents, if of full age or emancipated, are, by operation of law, tutors to their minor child for the purposes of representing him in the exercise of his civil rights and administering his patrimony.

They are also tutors to their child conceived but yet unborn and are responsible for acting on his behalf in all cases where his patrimonial interests require it.

1991, c. 64, a. 192; I.N. 2015-11-01; 2022, c. 22, s. 51.

193. The father and mother or the parents exercise tutorship together unless one of them is deceased or prevented from expressing their wishes or from doing so in due time.

1991, c. 64, a. 193; 2022, c. 22, s. 52.

194. Either parent may give the other the mandate to represent him in the performance of acts pertaining to the exercise of tutorship.

The mandate is presumed with regard to third persons in good faith.

1991, c. 64, a. 194.

195. Where the custody of a child is decided by judgment, the tutorship continues to be exercised by the father and mother or the parents, unless the court, for grave reasons, decides otherwise.

1991, c. 64, a. 195; 2022, c. 22, s. 53.

196. In case of disagreement relating to the exercise of the tutorship between the father and mother or the parents, either of them may refer the dispute to the court.

The court decides in the interest of the minor after fostering the conciliation of the parties and, if need be, obtaining the advice of the tutorship council.

1991, c. 64, a. 196; I.N. 2014-05-01; 2022, c. 22, s. 54.

197. Deprivation of parental authority entails loss of tutorship; withdrawal of certain attributes of parental authority or of the exercise of such attributes entails loss of tutorship only if so decided by the court.

1991, c. 64, a. 197.

198. A father or mother or a parent deprived of tutorship as a result of having been deprived of parental authority or having had the exercise of certain attributes of parental authority withdrawn may, even after dative tutorship is instituted, be reinstated as tutor once he or she again has full exercise of parental authority.

1991, c. 64, a. 198; 2022, c. 22, s. 55.

199. Where the court declares the father and mother or the parents of a minor deprived of parental authority without appointing another tutor, the director of youth protection having jurisdiction in the child’s place of residence becomes by virtue of his office legal tutor to the child unless the child is already provided with a tutor other than his father and mother or his parents.

The director of youth protection is also, until the order of placement, legal tutor to a child he has caused to be declared eligible for adoption or in whose respect he has received a general consent to adoption, except where the court has appointed another tutor.

1991, c. 64, a. 199; 2022, c. 22, s. 56.

DIVISION II.1 Suppletive tutorship

2017, c. 12, s. 10.

199.1. The father or mother of a minor child or the child’s parents or one of them may designate a person to whom may be delegated or with whom may be shared the offices of legal tutor and of person having parental authority where it is impossible for them or for one of them to fully assume those offices or where there is disengagement toward the child.

Only the spouse of one of them, an ascendant of the child, a relative in the collateral line to the third degree, a spouse of that ascendant or relative or a member of the child’s foster family may be so designated as tutor.

2017, c. 12, s. 10; 2022, c. 22, s. 57.

199.2. Such a designation must be authorized by the court on the application of the father or mother or of the parents or one of them.

If the father and mother or the parents are prevented from expressing their wishes, any person who may be designated as tutor and who, in fact or by law, has custody of the child may apply to the court to be entrusted with the offices of legal tutor and of person having parental authority.

2017, c. 12, s. 10; 2022, c. 22, s. 58.

199.3. The court authorizes the designation with the consent of the father or mother or of the parents or one of them. If the court fails to obtain such consent for any reason or if the refusal expressed by one of them is not justified by the interest of the child, the court may authorize the designation.

2017, c. 12, s. 10; 2022, c. 22, s. 59.

199.4. If the child is 10 years of age or over, the designation may not take place without the child’s consent, unless he is unable to express his will.

However, the court may authorize the designation despite the child’s refusal, unless the child is 14 years of age or over.

2017, c. 12, s. 10.

199.5. Any interested person may contest the delegation or sharing of the offices of legal tutor and of person having parental authority as well as the designation of the tutor. However, another person may not be substituted for the tutor designated by the father or the mother or by the parents or one of them without their consent, unless they are prevented from expressing their will.

2017, c. 12, s. 10; 2022, c. 22, s. 60.

199.6. The designation of a suppletive tutor entails, for the father or mother or parent who is unable to fully assume the offices of legal tutor and of person having parental authority, the suspension of those offices.

2017, c. 12, s. 10; 2022, c. 22, s. 61.

199.7. Any provision relating to tutorship and parental authority that applies to the father or mother or one of the parents also applies, with the necessary modifications, to the suppletive tutor, except provisions relating to the appointment of a dative tutor and to deprivation of parental authority.

2017, c. 12, s. 10; 2022, c. 22, s. 62.

199.8. The father or mother or one of the parents may, if new facts arise, be reinstated by the court as legal tutor and as person having parental authority on the application of either of them, the tutor, or the child if he is 10 years of age or over.

2017, c. 12, s. 10; 2022, c. 22, s. 63.

199.9. Except in the cases provided for in this chapter, the office of tutor ceases when the rules for the institution of a dative tutorship begin to apply.

In addition, the tutor may apply to the court to be relieved of his duties provided notice of the application has been given to the father or mother or to the parents or one of them, and to the child if he is 10 years of age or over.

2017, c. 12, s. 10; 2022, c. 22, s. 64.

199.10. Conditions under any Québec Aboriginal custom that is in harmony with the principles of the interest of the child, respect for the child’s rights and the consent of the persons concerned may be substituted for conditions of suppletive tutorship. In such cases, the provisions of this division, except articles 199.6 and 199.7, do not apply.

Such a tutorship is, on the application of the child or the tutor, attested by the authority that is competent for the Aboriginal community or nation of either the child or the tutor. However, if the child and the tutor are members of different nations, the tutorship is attested by the authority that is competent for the child’s nation or community.

The competent authority issues a certificate attesting the tutorship after making sure that it was carried out according to custom, in particular that the required consents were validly given and that the child is in the care of the tutor; the authority also makes sure that the tutorship is in the interest of the child.

The authority is a person or body domiciled in Québec and designated by the Aboriginal community or nation. The competent authority may not, when called on to act, be a party to the tutorship.

2017, c. 12, s. 10.

DIVISION III DATIVE TUTORSHIP

200. The father or mother or one of the parents may appoint a tutor to their minor child by will, by a protection mandate or by filing a declaration to that effect with the Public Curator.

1991, c. 64, a. 200; 1998, c. 51, s. 22; I.N. 2016-01-01 (NCCP); 2022, c. 22, s. 65.

201. The right to appoint a tutor belongs exclusively to the last surviving person among the father and mother or among the parents or to the last person among them who is able to exercise tutorship, as the case may be, if that person has retained legal tutorship to the day of their death.

Where the father and mother or the parents die simultaneously or lose the ability to exercise tutorship during the same event, each having designated a different person as tutor, and both persons accept the office, the court decides which person will exercise it.

1991, c. 64, a. 201; 1998, c. 51, s. 23; I.N. 2014-05-01; 2022, c. 22, s. 66.

202. Unless the designation is contested, the tutor appointed by the father or mother or one of the parents assumes office upon accepting it.

If the person does not refuse the office within 30 days after learning of his appointment, he is presumed to have accepted.

1991, c. 64, a. 202; 1998, c. 51, s. 24; 2016, c. 4, s. 25; 2022, c. 22, s. 67.

203. Whether the tutor appointed by the father or mother or one of the parents accepts or refuses the office, he shall notify the liquidator of the succession and the Public Curator.

1991, c. 64, a. 203; 2022, c. 22, s. 68.

204. Where the person appointed by either parent refuses the tutorship, he shall without delay give notice of his refusal to the replacement, if any, designated by the parent.

The person may, however, retract his refusal before the replacement accepts the office or an application to institute tutorship is made to the court.

1991, c. 64, a. 204; I.N. 2014-05-01.

205. Tutorship is conferred by the court where it is expedient to appoint a tutor or a replacement, to appoint a tutor ad hoc or a tutor to property or where the designation of a tutor appointed by the father and mother or by the parents is contested.

Tutorship is conferred on the advice of the tutorship council, unless it is applied for by the director of youth protection.

1991, c. 64, a. 205; 2022, c. 22, s. 69.

206. The minor, the father or mother or one of the parents, close relatives and persons closely connected to the minor by marriage or a civil union, or any other interested person, including the Public Curator, may apply to the court and, if necessary, propose a suitable person who is willing to accept the tutorship.

1991, c. 64, a. 206; 2002, c. 6, s. 235; 2016, c. 4, s. 26; 2022, c. 22, s. 70.

207. The director of youth protection or the person recommended as tutor by him may also apply for the institution of tutorship to an orphan who is a minor and who has no tutor, or to a child whose father and mother or whose parents both fail, in fact, to assume his care, maintenance or education, or to a child who in all likelihood would be in danger if he returned to his father and mother or to his parents.

1991, c. 64, a. 207; 2022, c. 22, s. 71.

DIVISION IV ADMINISTRATION OF TUTORS

208. With respect to the property of the minor, the tutor acts as an administrator charged with simple administration.

1991, c. 64, a. 208; I.N. 2014-05-01.

209. In administering the property of their minor child, fathers and mothers or parents are not bound to make an inventory of the property, furnish security for their administration, render an annual account of their management, or obtain any advice or authorization from the tutorship council or the court unless the property is worth more than $40,000 or the court so orders upon the application of an interested person.

1991, c. 64, a. 209; I.N. 2014-05-01; 2022, c. 22, s. 72; 2020, c. 11, s. 8.

210. All property given or bequeathed to a minor on condition that it be administered by a third person is withdrawn from the administration of the tutor.

If the act does not indicate the particular mode of administration of the property, the person administering it has the rights and obligations of a tutor to property.

1991, c. 64, a. 210.

211. A tutor may accept alone any gift in favour of his pupil. He may not accept any gift with a charge, however, without obtaining the authorization of the tutorship council.

1991, c. 64, a. 211.

212. A tutor may not transact or bring an appeal without the authorization of the tutorship council.

1991, c. 64, a. 212; I.N. 2014-05-01.

213. The tutor, before contracting a significant loan in relation to the patrimony of the minor, offering property as security, alienating important family property, an immovable or an enterprise, or demanding the definitive partition of immovables held by the minor in undivided co-ownership, shall obtain the authorization of the tutorship council or, if the property or security is worth more than $40,000, of the court, which seeks the advice of the tutorship council.

The tutorship council or the court does not allow the loan to be contracted, or property to be alienated by onerous title or offered as security, except where that is necessary to ensure the education and maintenance of the minor, to pay his debts, to maintain the property in good order or to safeguard the value of his patrimony. The authorization then indicates the amount and conditions of the loan, the property that may be alienated or offered as security, and sets forth the conditions under which it may be done.

1991, c. 64, a. 213; 2002, c. 19, s. 15; I.N. 2014-05-01; 2020, c. 11, s. 9.

214. No tutor may, without first obtaining an expert’s appraisal, alienate property worth more than $40,000, except in the case of securities listed and traded on a recognized stock exchange in accordance with the provisions relating to investments presumed sound. A copy of the appraisal is attached to the annual management account.

Juridical acts which are related according to their nature, their object or the time they are performed constitute one and the same act.

1991, c. 64, a. 214; I.N. 2014-05-01; 2020, c. 11, s. 10.

215. A tutor acting alone may enter into an agreement to continue in indivision, but in that case the minor may terminate the agreement within one year after reaching the age of majority, regardless of its term.

An agreement authorized by the tutorship council and by the court is binding on the minor once he attains full age.

1991, c. 64, a. 215; I.N. 2014-05-01.

216. The clerk of the court gives notice without delay to the tutorship council and to the Public Curator of any judgment relating to the patrimonial interests of a minor and of any transaction effected pursuant to an action to which the tutor is a party in that quality.

1991, c. 64, a. 216; I.N. 2014-05-01.

217. Where the property is worth more than $40,000, the liquidator of a succession which devolves or is bequeathed to a minor and the donor of property if the donee is a minor and, in any case, any person who pays an indemnity for the benefit of a minor, shall notify the Public Curator and state the value of the property or the amount of the indemnity, as the case may be, at least 15 days before its transmission or payment.

The 15-day notice period prescribed in the first paragraph does not apply to the payment of an indemnity the object of which is to make good on the obligation of support that lies on parents with respect to their child.

1991, c. 64, a. 217; 2020, c. 11, s. 11.

218. A tutor takes out of the property under his administration all sums necessary to pay the expenses of the tutorship, in particular, to provide for the exercise of the civil rights of the minor and the administration of his patrimony. He also does so where, to ensure the minor’s maintenance and education, it is necessary to make good on the obligation of support that lies on the father and mother or the parents.

1991, c. 64, a. 218; I.N. 2014-05-01; 2016, c. 4, s. 27; 2022, c. 22, s. 73.

219. The tutor to the person agrees with the tutor to property as to the amounts he requires each year to pay the expenses of the tutorship.

If the tutors do not agree on the amounts or their payment, the tutorship council or, failing that, the court decides.

1991, c. 64, a. 219.

220. The minor manages the proceeds of his work and any allowances paid to him to meet his ordinary and usual needs.

Where the revenues of the minor are considerable or where justified by the circumstances, the court, after obtaining the advice of the tutor and, where applicable, the tutorship council, may fix the amounts that remain under the management of the minor. It takes into account the age and power of discernment of the minor, the general conditions of his maintenance and education and his obligations of support and those of his parents.

1991, c. 64, a. 220.

221. A director of youth protection exercising a tutorship or the person he recommends to exercise it shall obtain the authorization of the court where the law requires the tutor to obtain the advice or authorization of the tutorship council before acting.

Where the property is worth more than $40,000, however, or, in all cases where the court so orders, tutorship to property is conferred on the Public Curator, who has from that time the rights and obligations of a dative tutor, subject to the provisions of law.

1991, c. 64, a. 221; I.N. 2014-05-01; 2020, c. 11, s. 12.

DIVISION V TUTORSHIP COUNCIL

§ 1 . — Role and establishment of the council

222. The role of the tutorship council is to supervise the tutorship. The tutorship council is composed of three persons designated by a meeting of relatives, persons connected by marriage or a civil union, or friends or, if the court so decides, is composed of only one person.

1991, c. 64, a. 222; 2002, c. 6, s. 235; I.N. 2014-05-01; 2016, c. 4, s. 28.

223. A tutorship council is established both in the case of dative tutorship and in that of legal tutorship, although, in the latter case, only where the father and mother or the parents are bound, with respect to the administration of the property of the minor, to make an inventory, to furnish security or to render an annual account of management.

No council is established where the tutorship is exercised by the director of youth protection, a person he has recommended as tutor, or the Public Curator.

1991, c. 64, a. 223; I.N. 2014-05-01; 2022, c. 22, s. 74.

224. Any interested person may initiate the establishment of a tutorship council by applying either to a notary, or to the court of the place where the minor has his domicile or residence, for the calling of a meeting of relatives, persons connected by marriage or a civil union, or friends.

The court examining an application for the appointment or replacement of a tutor or tutorship council may do likewise, even of its own motion.

1991, c. 64, a. 224; 2002, c. 6, s. 235; I.N. 2014-05-01; 2016, c. 4, s. 29.

225. The tutor, appointed by the father or mother or by one of the parents of a minor, or the parents, as the case may be, shall initiate the establishment of the tutorship council.

The father and mother or the parents may, at their option, call a meeting of relatives, persons connected by marriage or a civil union, or friends or make an application to the court for the establishment of a tutorship council composed of only one person designated by the court.

1991, c. 64, a. 225; 2002, c. 6, s. 235; I.N. 2014-05-01; 2016, c. 4, s. 30; 2022, c. 22, s. 75.

226. The father and mother or the parents of the minor and, if they have a known residence in Québec, his other ascendants and his brothers and sisters of full age shall be called to the meeting of relatives, persons connected by marriage or a civil union, or friends called to establish a tutorship council.

The other relatives of the minor and persons connected to him by marriage or a civil union, and his friends may be called to the meeting provided they are of full age.

At least five persons representing, so far as possible, the maternal and paternal lines shall be called to the meeting. The meeting shall be held regardless of the number of persons participating in it. It may be held by a technological means.

1991, c. 64, a. 226; 2002, c. 6, s. 235; 2016, c. 4, s. 31; 2022, c. 22, s. 76; 2020, c. 11, s. 13.

227. Persons who shall be called are always entitled to participate in the meeting which establishes the tutorship council and give their advice even if they were not called.

1991, c. 64, a. 227; I.N. 2014-05-01; 2020, c. 11, s. 14.

228. The meeting appoints the three members of the council and designates two alternates, giving consideration so far as possible to representation of the maternal and paternal lines or the lines of each of the two parents.

It also appoints a secretary, who may or may not be a member of the council, responsible for taking and keeping the minutes of the deliberations; it fixes the remuneration of the secretary, where applicable.

The tutor may not be a member of the tutorship council.

1991, c. 64, a. 228; 2022, c. 22, s. 77.

229. Vacancies are filled by the council by selecting a designated alternate in the line where the vacancy occurred. If there is no alternate, the council selects a relative or a person connected by marriage or a civil union in the same line or, if none, a relative or a person connected by marriage or a civil union in the other line or a friend.

1991, c. 64, a. 229; 2002, c. 6, s. 235.

230. The tutorship council is bound to invite the tutor to each of its meetings to hear his advice; the minor may be invited.

1991, c. 64, a. 230; I.N. 2014-05-01.

231. The court may, on application or of its own motion, rule that the tutorship council will be composed of only one person designated by it where, owing to the family members being geographically distant, their indifference or a major impediment to them, or owing to the personal or family situation of the minor, it would be inadvisable to establish a council composed of three persons.

The court may in such a case designate a person who shows a special interest in the minor or, failing that, the director of youth protection or the Public Curator, if he is not already the tutor.

The court may exempt the person making the application from first calling a meeting of relatives, persons connected by marriage or a civil union, or friends if it is shown that sufficient effort has been made to call the meeting, but that such effort has been in vain.

1991, c. 64, a. 231; 2002, c. 6, s. 235; 2016, c. 4, s. 32.

232. Excepting the director of youth protection and the Public Curator, no one may be compelled to accept membership in the council; a person who has agreed to become a member may be released at any time provided it is not done at an inopportune moment.

Membership in a tutorship council is an office that is personal and gratuitous.

1991, c. 64, a. 232; I.N. 2014-05-01; I.N. 2015-11-01.

§ 2 . — Rights and obligations of the council

233. The tutorship council gives advice and makes decisions in every case provided for by law.

Moreover, where the rules for administration of the property of others provide that the beneficiary shall or may give his consent to an act, obtain advice or be consulted, the council acts on behalf of the minor who is the beneficiary.

1991, c. 64, a. 233; I.N. 2014-05-01.

233.1. Where two or more tutors are appointed for a minor and a disagreement arises between them, the tutorship council facilitates its settlement. Failing agreement between the tutors, the court decides, on the application of any interested person, including the Public Curator.

2020, c. 11, s. 15.

234. The council, where composed of three persons, meets at least once a year; deliberations are not valid unless a majority of its members attend the meeting or unless all the members can express themselves by a means which allows all of them to communicate directly with each other.

The decisions and advice of the council are taken or given by majority vote; each member shall give reasons.

As soon as it is established and whenever there is a change in its composition, the council informs the minor, if 14 years of age or older, and the minor’s tutor, providing the names and contact information of its members and its secretary. The council also informs the Public Curator.

1991, c. 64, a. 234; 2014, c. 1, s. 784.

235. Whenever a minor has any interest to discuss judicially with his tutor, the council causes a tutor ad hoc to be appointed to him.

1991, c. 64, a. 235.

236. The council ascertains that the tutor makes an inventory of the property of the minor and that he furnishes and maintains a security.

The council receives the annual management account from the tutor and is entitled to examine all documents and vouchers supporting the account and obtain a copy of them.

1991, c. 64, a. 236; 2016, c. 4, s. 33.

237. Any interested person may, for a grave reason, apply to the court within 10 days to have a decision of the council reviewed or for authorization to initiate the establishment of a new council.

When an application for the review of a council decision is notified to the council secretary, the latter sends the minutes and the record relating to the decision to the office of the court without delay.

Any document to be notified to the council is notified to the council secretary.

1991, c. 64, a. 237; 2014, c. 1, s. 785.

238. The tutor may demand the convening of the council or, if it cannot be convened, apply to the court for authorization to act alone.

1991, c. 64, a. 238.

239. The council is responsible for seeing that the records of the tutorship are preserved and for transmitting them to the minor or his heirs at the end of the tutorship.

1991, c. 64, a. 239.

DIVISION VI SUPERVISION OF TUTORSHIPS

§ 1 . — Inventory

240. Within 60 days of the institution of the tutorship, the tutor shall make an inventory of the property to be administered. He shall do the same for property devolved to the minor after the tutorship is instituted.

A copy of the inventory is transmitted to the Public Curator and to the tutorship council.

1991, c. 64, a. 240; I.N. 2014-05-01.

241. A tutor who continues the administration of another tutor after the rendering of account is exempt from making an inventory.

1991, c. 64, a. 241.

§ 2 . — Security

242. The tutor is bound, if the value of the property to be administered exceeds $40,000, to take out insurance or furnish other security to guarantee the performance of his obligations. The kind and object of the security and the time granted to furnish it are determined by the tutorship council. If they have not been determined within six months after the institution of tutorship, they may be determined by the Public Curator.

The tutorship is liable for the costs of the security.

1991, c. 64, a. 242; 2016, c. 4, s. 34; 2020, c. 11, s. 16.

243. The tutor shall without delay furnish proof of the security to the tutorship council and to the Public Curator.

The tutor shall maintain the security or another of sufficient value for the duration of his office and furnish proof of it every year.

1991, c. 64, a. 243.

244. A legal person exercising tutorship to property is exempt from furnishing security.

1991, c. 64, a. 244.

245. Where it is advisable to release the security, the tutorship council or the minor, once he attains full age, may do so and, at the cost of the tutorship, apply for cancellation of the registration, if any. Notice of the cancellation is given to the Public Curator.

1991, c. 64, a. 245.

§ 3 . — Reports and accounts

246. The tutor sends the annual account of his management to the minor 14 years of age or over, to the tutorship council and to the Public Curator.

The tutor to property renders an annual account to the tutor to the person.

1991, c. 64, a. 246.

247. At the end of his administration, the tutor shall give a final account to the minor who has come of age; he shall also give an account to the tutor who replaces him and to the minor 14 years of age or over or, where applicable, to the liquidator of the succession of the minor. He shall send a copy of his final account to the tutorship council and to the Public Curator.

1991, c. 64, a. 247.

248. Every agreement between the tutor and the minor who has come of age relating to the administration or the account is null unless it is preceded by a detailed rendering of account and the delivery of the related vouchers.

1991, c. 64, a. 248.

249. The Public Curator examines the annual accounts of management and the final account of the tutor. He also ascertains that the security is maintained.

He may require any document and any explanation concerning the accounts and, where provided for by law, require that they be audited.

1991, c. 64, a. 249.

DIVISION VII REPLACEMENT OF TUTOR AND END OF TUTORSHIP

250. A dative tutor may, for a serious reason, apply to the court to be relieved of his duties, provided his application is not made at an inopportune moment and notice of it has been given to the tutorship council.

1991, c. 64, a. 250.

251. The tutorship council or, in case of emergency, one of its members shall apply for the replacement of a tutor who is unable to perform his duties or neglects his obligations. A tutor to the person shall act in the same manner with regard to a tutor to property.

Any interested person, including the Public Curator, may also, for the reasons set forth in the first paragraph, apply for the replacement of the tutor.

1991, c. 64, a. 251.

252. Where tutorship is exercised by the director of youth protection, by a person he recommends as tutor or by the Public Curator, any interested person may apply for his replacement without having to justify it for any reason other than the interest of the minor.

1991, c. 64, a. 252.

253. During the proceedings, the tutor continues to exercise his duties unless the court decides otherwise and appoints a provisional administrator charged with simple administration of the property of the minor.

1991, c. 64, a. 253; I.N. 2015-11-01.

254. Every judgment terminating the duties of a tutor contains the reasons for replacing him and designates the new tutor.

1991, c. 64, a. 254.

255. Tutorship ends when the minor attains full age, obtains full emancipation or dies.

The office of a tutor ceases at the end of the tutorship, when the tutor is replaced or on his death.

1991, c. 64, a. 255.

CHAPTER III TUTORSHIP TO PERSONS OF FULL AGE

1991, c. 64, c. III; 2020, c. 11, s. 17.

DIVISION I GENERAL PROVISIONS

256. Tutorship to a person of full age is established in his interest and is intended to ensure the protection of his person, the administration of his patrimony and, generally, the exercise of his civil rights.

Any incapacity resulting from the tutorship is established solely in favour of the person under tutorship.

1991, c. 64, a. 256; 2020, c. 11, s. 18.

257. Every decision relating to the institution of tutorship to a person of full age or concerning a person of full age under tutorship shall be in his interest, respect his rights and safeguard his autonomy, taking into account his wishes and preferences.

The person of full age shall, so far as possible and without delay, be informed of the decision.

1991, c. 64, a. 257; 2020, c. 11, s. 19.

258. A tutor is appointed to represent a person of full age who is incapable of caring for himself or herself or of administering property by reason, in particular, of illness, deficiency or debility due to age which impairs the person’s mental faculties or physical ability to express his or her will.

A tutor may also be appointed to a prodigal who endangers the well-being of his or her married or civil union spouse or minor children.

1991, c. 64, a. 258; 2002, c. 6, s. 21; 2020, c. 11, s. 20.

259. (Repealed).

1991, c. 64, a. 259; 2020, c. 11, s. 21.

260. The tutor to a person of full age is responsible for his custody and maintenance, unless the court decides otherwise; he is also responsible for ensuring the moral and material well-being of the person of full age, taking into account his condition, needs and faculties and the other aspects of his situation.

He may delegate the exercise of the custody and maintenance of the person of full age but, so far as possible, he and the delegated person shall maintain a personal relationship with the person of full age, involve him in the decisions made in his regard and keep him informed of those decisions.

1991, c. 64, a. 260; 2002, c. 19, s. 15; 2020, c. 11, s. 22.

261. The Public Curator does not exercise tutorship to a person of full age unless he is appointed by the court to do so; he may also act by virtue of his office if the person of full age is no longer provided with a tutor.

1991, c. 64, a. 261; 2020, c. 11, s. 23.

262. (Repealed).

1991, c. 64, a. 262; 2020, c. 11, s. 24.

263. The Public Curator does not have custody of the person of full age to whom he is appointed tutor unless, where no other person can assume it, the court entrusts it to him. He is nevertheless, in all cases, responsible for ensuring the protection of the person of full age.

The person to whom custody is entrusted, however, has the powers of a tutor to give consent to care required by the state of health of the person of full age, except care for which the Public Curator elects to reserve to himself the power to give consent.

1991, c. 64, a. 263; I.N. 2014-05-01; 2016, c. 4, s. 35; 2020, c. 11, s. 25.

264. The Public Curator acting as tutor to a person of full age may delegate the exercise of certain functions related to tutorship to a person he designates after ascertaining, where the person of full age is being treated in a health or social services establishment, that the designated person is not an employee of the establishment and has no duties therewith. He may, however, where circumstances warrant, disregard this restriction if the employee of the establishment is the spouse or a close relative of the person of full age or if the function delegated is the management, according to the Public Curator’s instructions, of the monthly personal expense allowance granted to the person of full age.

The Public Curator may authorize the delegate to give consent to care required by the state of health of the person of full age, except care for which the Public Curator elects to reserve to himself the power to give consent.

1991, c. 64, a. 264; 1999, c. 30, s. 21; 2016, c. 4, s. 36; 2020, c. 11, s. 26.

265. At least once a year, the delegate renders account of the exercise of the custody to the Public Curator. The Public Curator may revoke the delegation if there is a conflict of interest between the delegate and the person of full age or for any other serious reason.

1991, c. 64, a. 265; 2020, c. 11, s. 27.

266. The rules pertaining to tutorship to minors, except those set out in article 217, apply, adapted as required, to tutorship to persons of full age.

Thus, the spouse and descendants in the first degree of the person of full age shall be called to the meeting of relatives, persons connected by marriage or a civil union, or friends, along with the persons to be called to it pursuant to article 226.

1991, c. 64, a. 266; 1998, c. 51, s. 25; 2002, c. 6, s. 235; 2016, c. 4, s. 37; 2020, c. 11, s. 28.

267. Where the person who applies for the institution or review of tutorship to a person of full age, including the Public Curator, shows that it is impossible to call five persons to the meeting of relatives, persons connected by marriage or a civil union, or friends, the court may reduce the number of persons to be called.

The court may also exempt the person from calling a meeting of relatives, persons connected by marriage or a civil union, or friends if it is shown that sufficient effort has been made to call the meeting, but that such effort has been in vain.

1991, c. 64, a. 267; 2002, c. 6, s. 235; I.N. 2014-05-01; 2016, c. 4, s. 38; 2020, c. 11, s. 29.

DIVISION II INSTITUTION OF TUTORSHIP TO PERSONS OF FULL AGE

1991, c. 64, Div. II; 2020, c. 11, s. 30.

268. The court institutes tutorship if it is established that the person of full age is incapable of caring for himself or of administering his property, and needs to be represented in the exercise of his civil rights.

The court then appoints a tutor to the person and to property, or a tutor either to the person or to property. It may also appoint a replacement tutor.

The court is not bound by the application. It may establish a tutorship the nature, terms and conditions of which are different from those applied for or authorize temporary representation of the incapable person of full age.

1991, c. 64, a. 268; I.N. 2014-05-01; 2020, c. 11, s. 31.

268.1. The court may appoint two tutors to the person when these are the father and mother of the person of full age.

Either parent may give the other the mandate to represent him in the performance of acts pertaining to the exercise of tutorship.

Such a mandate is presumed with regard to third persons in good faith.

2020, c. 11, s. 32.

269. The person of full age himself, his spouse, his close relatives, persons closely connected to him by marriage or a civil union, any person showing a special interest in the person or any other interested person, including the mandatary designated by the person of full age or the Public Curator, may apply for the institution of tutorship.

1991, c. 64, a. 269; 2002, c. 6, s. 235; 2016, c. 4, s. 39; 2020, c. 11, s. 33.

270. Where a person of full age receiving care or services from a health or social services establishment requires to be represented in the exercise of his civil rights by reason of his isolation, the foreseeable duration of his incapacity, the nature or state of his affairs or because no mandatary already designated by him gives him adequate representation, the executive director of the health or social services institution reports that fact to the Public Curator, transmits a copy of his report to the person of full age and so informs a person close to that person.

Such a report includes the medical and psychosocial assessments resulting from an examination of the person of full age; it deals with the nature of his incapacity, his faculties, his environment, the extent of his needs and the other circumstances of his condition, the advisability of instituting tutorship for him as well as the time limits for medical and psychosocial reassessments. It also sets out the names, if known, of the persons qualified to apply for the institution of tutorship.

1991, c. 64, a. 270; 2016, c. 4, s. 40; 2020, c. 11, s. 34.

271. The institution of tutorship to a person of full age may be applied for in the year preceding his attaining full age.

The judgment takes effect on the day the person attains full age.

1991, c. 64, a. 271; 2020, c. 11, s. 35.

272. During proceedings, the court may, even of its own motion, decide on the custody of the person of full age if it is clear that he is unable to care for himself and that custody is required to prevent serious injury for him.

Even before the proceedings, the Court may, if an application for the institution of tutorship to a person of full age is about to be made and it is necessary to act to prevent serious injury for the person of full age, provisionally designate the Public Curator or another person to ensure the personal protection of the person of full age or to represent him in the exercise of his civil rights.

1991, c. 64, a. 272; 1999, c. 30, s. 22; I.N. 2014-05-01; 2016, c. 4, s. 41; 2020, c. 11, s. 36.

273. An act under which the person of full age has already charged another person with the administration of his property continues to produce its effects notwithstanding the proceedings unless it is revoked by the court for a serious reason.

If no mandate has been given by the person of full age or by the court under article 444, the rules for the management of the business of another apply and the Public Curator and any other person who is qualified to apply for the institution of tutorship to a person of full age may, in an emergency or even before proceedings if an application for the institution of such tutorship is about to be made, perform the acts required to preserve the patrimony.

1991, c. 64, a. 273; I.N. 2014-05-01; I.N. 2015-11-01; 2020, c. 11, s. 37.

274. In cases where there is no mandate or management of the business of another or even before proceedings if an application for the institution of tutorship to a person of full age is about to be made, the court may, if it is necessary to act in order to prevent serious injury, provisionally designate the Public Curator or another person either to perform a specific act or to administer the property of the person of full age within the limits of simple administration of the property of others.

1991, c. 64, a. 274; I.N. 2014-05-01; 2020, c. 11, s. 38.

275. During proceedings and thereafter, the dwelling of the person of full age and the movable property with which it is furnished are kept at his disposal. The power to administer that property extends only to agreements granting precarious enjoyment, which cease to have effect by operation of law upon the return of the person of full age.

Should it be necessary or in the best interest of the person of full age that the movable property or the rights relating to the dwelling be disposed of, the act may be done only with the authorization of the tutorship council. Even in such a case, except for a compelling reason, souvenirs and other personal effects may not be disposed of and shall, so far as possible, be kept at the disposal of the person of full age by the health or social services establishment.

1991, c. 64, a. 275; 2016, c. 4, s. 42; 2020, c. 11, s. 39.

276. Where the court examines an application for the institution of tutorship to a person of full age, it takes into consideration, in addition to the advice of the persons who may be called to form the tutorship council, the medical and psychosocial evidence, the wishes and preferences expressed by the person of full age, including those expressed in a protection mandate which has not been homologated, and the degree of autonomy of the person in whose respect the institution of tutorship is applied for.

The court shall give to the person of full age an opportunity to be heard, personally or through a representative where required by his state of health, on the merits of the application and, where applicable, on the nature, terms and conditions of the tutorship as well as on the person who will represent him.

1991, c. 64, a. 276; I.N. 2016-01-01 (NCCP); 2020, c. 11, s. 40.

277. A judgment concerning tutorship to a person of full age may be reviewed at any time.

1991, c. 64, a. 277; 2020, c. 11, s. 41.

278. When instituting the tutorship, the court determines the time limits for periodic reassessment of the person of full age.

The time limits for reassessment may not exceed five years. A longer time limit may however be set for the medical reassessment, without exceeding 10 years, when it is clear that the situation of the person of full age will remain unchanged. Those time limits are determined taking into account the recommendations made in the medical and psychosocial assessment reports concerning the person of full age, the nature of his incapacity, the extent of his needs and the other circumstances of his condition.

The tutor is bound to see to it that the person of full age undergoes the assessments within the fixed time limits. The person of full age may, at any time, apply to be reassessed.

1991, c. 64, a. 278; 2020, c. 11, s. 42.

278.1. Where the medical or psychosocial assessor becomes aware that the situation of the person of full age has changed sufficiently to justify modifying or terminating the tutorship, the assessor attests to that fact in a report, indicating any modifications he considers appropriate. The assessor transmits the report to the person of full age, to the tutor and to the executive director of a health or social services institution providing care or services to the person of full age or, failing that, the executive director of a health or social services institution that has jurisdiction in the territory in which the person of full age resides. The director then obtains the report of the other assessor, transmits a copy of it to the person of full age and to the tutor, and files a copy of both reports in the office of the court.

Where the medical or psychosocial assessor considers that the time limit for the reassessment of the person of full age should be modified, the assessor attests to that fact in a report, indicating the time limit he considers appropriate. He transmits the report to the person of full age and the tutor. The tutor shall then file a copy of the report concerned in the office of the court.

2020, c. 11, s. 43.

279. The executive director of the health or social services institution providing care or services to the person of full age shall, if the incapacity or need for representation that justified tutorship to a person of full age ceases, attest to that fact in a report which he files in the office of the court. Such a report includes the medical and psychosocial assessments.

1991, c. 64, a. 279; I.N. 2014-05-01; 2020, c. 11, s. 44.

280. On the filing of the report or reports on the review of a tutorship to a person of full age, the clerk notifies the person of full age, the tutor and the persons qualified to intervene in the application for the institution of tutorship. If no objection is made within 30 days after the date of the notice, release from or the modification of the tutorship takes effect by operation of law. An attestation is drawn up by the clerk and transmitted without delay to the person of full age, to his tutor, to the tutorship council and to the Public Curator.

Those rules also apply to the review of a time limit for the medical or psychosocial reassessment of a person of full age, on the filing of the relevant report.

1991, c. 64, a. 280; 2002, c. 19, s. 15; I.N. 2014-05-01; 2020, c. 11, s. 45.

DIVISION III

(Repealed, 2020, c. 11, s. 46).

1991, c. 64, Div. III; 2020, c. 11, s. 46.

281. (Repealed).

1991, c. 64, a. 281; 2002, c. 19, s. 15; I.N. 2014-05-01; 2020, c. 11, s. 46.

282. (Repealed).

1991, c. 64, a. 282; I.N. 2014-05-01; 2020, c. 11, s. 46.

283. (Repealed).

1991, c. 64, a. 283; I.N. 2014-05-01; 2020, c. 11, s. 46.

284. (Repealed).

1991, c. 64, a. 284; I.N. 2015-11-01; 2020, c. 11, s. 46.

285. (Repealed).

1991, c. 64, a. 285; I.N. 2014-05-01; 2020, c. 11, s. 48.

DIVISION IV CERTAIN MODALITIES OF TUTORSHIP TO PERSONS OF FULL AGE

2020, c. 11, s. 49.

286. The tutor has the simple administration of the property of the person of full age incapable of administering his property. He exercises his administration in the same manner as the tutor to a minor, unless the court decides otherwise.

1991, c. 64, a. 286.

287. The rules pertaining to the exercise of the civil rights of a minor apply, adapted as required, to a person of full age under tutorship.

1991, c. 64, a. 287.

288. When instituting the tutorship or subsequently, the court determines whether the rules concerning the capacity of the person of full age under tutorship need to be modified or clarified in light of his faculties. To do so, it takes into consideration the medical and psychosocial assessment reports and, as the case may be, the advice of the tutorship council or of the persons who may be called upon to form the tutorship council. It also takes into account, so far as possible, the opinion of the person of full age.

The court then indicates, where applicable, the acts the person under tutorship may perform himself, alone or with the assistance of the tutor, or those he may not perform without being represented.

1991, c. 64, a. 288; 2020, c. 11, s. 50.

289. The person of full age under tutorship retains the administration of the proceeds of his work, unless the court decides otherwise.

1991, c. 64, a. 289.

289.1. The tutor, before contracting a significant loan in relation to the patrimony of the person of full age, offering property as security, alienating important family property, an immovable or an enterprise, or demanding the definitive partition of immovables held by the person of full age in undivided co-ownership, shall obtain the authorization of the tutorship council or, if the property or security is worth more than $40,000, of the court, which seeks the advice of the tutorship council.

The tutorship council or the court does not allow the loan to be contracted, or property to be alienated by onerous title or offered as security, except where that is necessary to ensure the education and maintenance of the person of full age, to pay his debts, to maintain the property in good order or to safeguard the value of his patrimony, or where that is the wish of the person of full age and he is not at risk of suffering serious injury therefrom. The authorization then indicates the amount and conditions of the loan and the property that may be alienated or offered as security, and sets forth the conditions under which it may be done.

2020, c. 11, s. 51.

290. Acts performed before the tutorship may be annulled or the obligations resulting from them reduced on the mere proof that the incapacity was notorious or known to the other contracting party at the time the acts were performed.

1991, c. 64, a. 290; I.N. 2015-11-01.

DIVISION V

(Repealed, 2020, c. 11, s. 52).

1991, c. 64, Div. V; 2020, c. 11, s. 52.

291. (Repealed).

1991, c. 64, a. 291; I.N. 2014-05-01; 2016, c. 4, s. 43; 2020, c. 11, s. 52.

292. (Repealed).

1991, c. 64, a. 292; 2020, c. 11, s. 52.

293. (Repealed).

1991, c. 64, a. 293; I.N. 2014-05-01; 2016, c. 4, s. 44; 2020, c. 11, s. 52.

294. (Repealed).

1991, c. 64, a. 294; I.N. 2014-05-01; 2020, c. 11, s. 52.

DIVISION VI REPLACEMENT OF TUTOR AND END OF TUTORSHIP TO A PERSON OF FULL AGE

1991, c. 64, Div. VI; 2020, c. 11, s. 53.

295. Tutorship to a person of full age ceases by a judgment of release or by the death of the person of full age.

It also ceases upon the expiry of the prescribed period for contesting the report attesting the cessation of the incapacity or of the need for representation.

1991, c. 64, a. 295; 2020, c. 11, s. 54.

296. A person of full age may at any time after being released from tutorship and, where applicable, after the rendering of account by the tutor, confirm any act otherwise null.

1991, c. 64, a. 296; 2020, c. 11, s. 55.

296.1. A tutor may renounce his office only if a replacement tutor accepts the office.

If no replacement tutor accepts the office, the tutor may, for a serious reason, apply to the court to be relieved of his duties, provided his application is not made at an inopportune moment and notice of it has been given to the tutorship council.

2020, c. 11, s. 56.

296.2. The replacement tutor who accepts the office shall file the acceptance in the office of the court. The clerk notifies the person of full age, the original tutor and the persons qualified to intervene in the application for the institution of tutorship of the filing of the acceptance. If no objection is made within 30 days after the date of the notice, the replacement of the tutor takes effect by operation of law. An attestation is drawn up by the clerk and transmitted without delay to the person of full age, to his new tutor, to the tutor the latter is replacing, to the tutorship council and to the Public Curator.

2020, c. 11, s. 56.

297. A vacancy in the office of tutor does not terminate tutorship to a person of full age.

The replacement tutor may accept the office. Failing that, the tutorship council shall initiate the appointment of a new tutor; any interested person, including the Public Curator, may also initiate such an appointment.

1991, c. 64, a. 297; 2020, c. 11, s. 57.

CHAPTER IV TEMPORARY REPRESENTATION OF INCAPABLE PERSONS OF FULL AGE

2020, c. 11, s. 58.

297.1. The court may authorize a person to perform a specific act in the name of a person of full age if it is established that the incapacity of the person of full age is such that he needs to be temporarily represented for the performance of that act.

The incapacity resulting from representation is temporary and pertains only to the performance of that act. It is established solely in favour of the person of full age.

2020, c. 11, s. 58.

297.2. The spouse of a person of full age, his close relatives and persons closely connected to him by marriage or a civil union, any person who shows a special interest in him, or any other interested person, including the mandatary designated by him or the Public Curator, may apply for temporary representation of the person of full age or be designated as representatives. The person of full age himself may also apply to be so represented.

2020, c. 11, s. 58.

297.3. Where the court examines an application for temporary representation, it takes into consideration the medical and psychosocial assessments resulting from the examination of the person of full age.

The court shall give to the person of full age an opportunity to be heard, personally or through a representative where required by his state of health, on the merits of the application and as to the person who will represent him.

2020, c. 11, s. 58.

297.4. The court fixes the terms and conditions of exercise of the powers conferred on the temporary representative.

The court may, in particular, order the temporary representative to render an account to the spouse or a close relative of the person of full age or to a person who shows a special interest in him or, if there are no such persons, to the Public Curator.

2020, c. 11, s. 58.

297.5. The court may authorize the temporary representative to contract a loan, to alienate property by onerous title or to offer property as security only where that is necessary to ensure the education and maintenance of the person of full age, to pay his debts, to maintain the property in good order or to safeguard the value of his patrimony, or where that is the wish of the person of full age and he is not at risk of suffering serious injury therefrom.

The authorization then indicates the amount and conditions of the loan and the property that may be alienated or offered as security, and sets forth the conditions under which it may be done.

2020, c. 11, s. 58.

297.6. Every decision relating to the designation of a temporary representative and the performance of the specific act shall be made in the interest of the person of full age, respect his rights and safeguard his autonomy, taking into account his wishes and preferences.

The person of full age shall, so far as possible, participate in the decisions made in his regard and be informed without delay of those decisions.

2020, c. 11, s. 58.

297.7. An act performed alone by a person of full age for which he was required to be represented may not be annulled or the resulting obligations reduced, unless he suffers injury therefrom.

2020, c. 11, s. 58.

297.8. The rules relating to the office of tutor and to the replacement of a tutor to a minor apply, adapted as required, to a temporary representative.

2020, c. 11, s. 58.

297.9. Temporary representation ends when the specific act has been performed. The temporary representative then notifies the person of full age and the Public Curator in writing.

It also ends, by operation of law, as soon as a tutorship is instituted or a protection mandate homologated for the person of full age.

2020, c. 11, s. 58.

CHAPTER V ASSISTANTS TO PERSONS OF FULL AGE

2020, c. 11, s. 58.

DIVISION I GENERAL PROVISIONS

2020, c. 11, s. 58.

297.10. A person of full age who, by reason of a difficulty, wishes to be assisted in caring for himself, administering his patrimony and, in general, exercising his civil rights, may apply to the Public Curator to have a person who accepts to assist him, in particular in his decision-making, recognized by the Public Curator.

The recognition of the assistant is entered in a public register.

2020, c. 11, s. 58.

297.11. An assistant is authorized to act as an intermediary between the assisted person of full age and any third person, including a person bound by law to professional secrecy. The assistant is presumed to act with the consent of the person of full age.

The assistant may communicate and receive information in the name of, and communicate the decisions made by, the person of full age.

A third person may not refuse that the assistant act as such.

2020, c. 11, s. 58.

297.12. An assistant shall act with prudence and diligence. He undertakes, by acceptance of his office, to advocate for the wishes and preferences of the person of full age in dealing with third persons.

In addition, he undertakes to respect the privacy of the person of full age. Thus, he may gather, use or communicate information concerning the person of full age only with the person’s consent and only to the extent necessary to perform the duties of his office.

2020, c. 11, s. 58.

297.13. An assisted person of full age retains his full capacity to exercise his civil rights.

The assistant may not sign in the name of the person of full age and does not intervene in the acts for which he assists the person of full age.

2020, c. 11, s. 58.

297.14. Every natural person capable of fully exercising his civil rights and able to assume the office may be recognized as an assistant.

2020, c. 11, s. 58.

297.15. An assistant may not act in a situation where his personal interest is in conflict with that of the assisted person of full age.

2020, c. 11, s. 58.

297.16. A person of full age may apply for the recognition of one or two assistants. If there are two assistants, they are not bound to act jointly, unless the person of full age decides otherwise.

2020, c. 11, s. 58.

297.17. An assistant is not entitled to any remuneration.

However, the assisted person of full age reimburses the assistant for any reasonable expenses the latter has incurred in exercising the duties of his office.

2020, c. 11, s. 58.

297.18. An assistant shall inform the Public Curator of his activities, on the Public Curator’s request.

2020, c. 11, s. 58.

DIVISION II RECOGNITION OF ASSISTANTS TO PERSONS OF FULL AGE

2020, c. 11, s. 58.

297.19. An application for the recognition of an assistant to a person of full age is filed with the Public Curator by the person of full age himself, jointly with any proposed assistant.

It may also be filed with the Public Curator through an advocate or notary certified to do so by his professional order.

2020, c. 11, s. 58.

297.20. The application shall be accompanied by a summary description of the patrimony of the person of full age.

2020, c. 11, s. 58.

297.21. The Public Curator, advocate or notary ensures, out of the presence of any proposed assistant, that the person of full age understands the scope of his application and is able to express his wishes and preferences. He also meets the person of full age in the presence of any proposed assistant.

Such meetings may be held by a technological means.

2020, c. 11, s. 58.

297.22. The Public Curator verifies the judicial record of the proposed assistant.

2020, c. 11, s. 58.

297.23. The Public Curator, advocate or notary notifies the application to at least two persons, either from the family of the person of full age or from among persons who show a special interest in him, excluding any proposed assistant. He notifies them, at the same time, of their right to object within 30 days after the date of the notice.

He is exempt from that obligation if sufficient effort has been made to notify the application but such effort has been in vain.

2020, c. 11, s. 58.

297.24. On completing his operations, the advocate or notary draws up minutes and conclusions.

The minutes must identify the person of full age and any proposed assistant, and provide a detailed account of the operations carried out and the documents submitted. The minutes must also provide an account of any testimony taken and any representations or objections received from an interested person.

The advocate or notary promptly sends the application and the minutes and conclusions to the Public Curator, together with the documents supporting the conclusions. The Public Curator is not bound by the conclusions of the advocate or notary.

2020, c. 11, s. 58.

297.25. The Public Curator recognizes the proposed assistant, except in the following cases:

(1)  he has serious doubt that the person of full age understands the scope of the application;

(2)  he has serious doubt that the person of full age is able to express his wishes and preferences;

(3)  an element gives serious reason to fear that the person of full age will suffer injury owing to the proposed assistant’s recognition; or

(4)  an interested person objects to the proposed assistant’s recognition for any of those reasons.

The Public Curator may refuse to recognize the proposed assistant if the latter has failed to fulfil his obligations as an assistant in the past.

The Public Curator notifies the person of full age and the proposed assistant of his decision. In the case of a refusal, the person of full age may apply to the court within 30 days of the notice to have the decision reviewed.

2020, c. 11, s. 58.

DIVISION III END OF RECOGNITION OF ASSISTANTS TO PERSONS OF FULL AGE

2020, c. 11, s. 58.

297.26. The recognition of an assistant ends on the expiry of three years, or before if the person of full age so requests.

It also ends when the Public Curator is informed that the assistant has ceased to act. The same applies when the Public Curator is informed

(1)  that a tutorship has been instituted or a protection mandate homologated for the assisted person of full age or the assistant; or

(2)  that a temporary representative has been designated for the assistant.

The assistant, tutor, mandatary or temporary representative shall so inform the Public Curator, who then deletes the entry from the register and so informs the person of full age and the assistant.

2020, c. 11, s. 58.

297.27. The Public Curator may terminate the recognition of an assistant where an element gives serious reason to fear that the person of full age will suffer injury owing to such recognition.

The Public Curator notifies the person of full age and the assistant of his decision. The person of full age may apply to the court within 30 days of the notice to have the decision reviewed.

2020, c. 11, s. 58.

TITLE FIVE LEGAL PERSONS

CHAPTER I JURIDICAL PERSONALITY

DIVISION I CONSTITUTION AND KINDS OF LEGAL PERSONS

298. Legal persons are endowed with juridical personality.

Legal persons are established in the public interest or for a private interest.

1991, c. 64, a. 298.

299. Legal persons are constituted in accordance with the juridical forms provided by law, and sometimes directly by law.

Legal persons exist from the coming into force of the Act or from the time provided thereby if they are established in the public interest or are constituted directly by law or by operation of law; otherwise, they exist from the time provided by the Acts that are applicable to them.

1991, c. 64, a. 299; I.N. 2014-05-01; I.N. 2015-11-01.

300. Legal persons established in the public interest are primarily governed by the special Acts by which they are constituted and by those which are applicable to them; legal persons established for a private interest are primarily governed by the Acts applicable to their particular type.

Both kinds of legal persons are also governed by this Code where the provisions of such Acts require to be complemented, particularly with regard to their status as legal persons, their property or their relations with other persons.

1991, c. 64, a. 300.

DIVISION II EFFECTS OF JURIDICAL PERSONALITY

301. Legal persons have full enjoyment of civil rights.

1991, c. 64, a. 301.

302. Every legal person has a patrimony which may, to the extent provided by law, be divided or appropriated to a purpose. It also has the extra-patrimonial rights and obligations flowing from its nature.

1991, c. 64, a. 302.

303. Legal persons have capacity to exercise all their rights, and the provisions of this Code concerning the exercise of civil rights by natural persons are applicable to them, adapted as required.

They have no incapacities other than those which may result from their nature or from an express provision of law.

1991, c. 64, a. 303; I.N. 2014-05-01.

304. Legal persons may not act as tutors, mandataries or temporary representatives to the person.

They may, however, to the extent that they are authorized by law to act as such, hold office as tutor, mandatary or temporary representative to property, liquidator of a succession, sequestrator, trustee or administrator of another legal person.

1991, c. 64, a. 304; 2020, c. 11, s. 59.

305. Every legal person has a name which is assigned to it when it is constituted, and under which it exercises its rights and performs its obligations.

It shall be assigned a name which conforms to law and which includes, where required by law, an expression that clearly indicates the juridical form assumed by the legal person.

1991, c. 64, a. 305.

306. A legal person may engage in an activity or identify itself under a name other than its own name. It shall give notice to the enterprise registrar by filing a declaration to that effect in accordance with the Act respecting the legal publicity of enterprises (chapter P-44.1) and, if the legal person is a syndicate of co-owners, apply for the registration of such a notice in the land register.

1991, c. 64, a. 306; 2000, c. 42, s. 1; 2002, c. 45, s. 157; 2010, c. 7, s. 164.

307. The domicile of a legal person is at the place and address of its head office.

1991, c. 64, a. 307.

308. A legal person may change its name or its domicile by following the procedure established by law.

1991, c. 64, a. 308.

309. Legal persons are distinct from their members. Their acts bind none but themselves, except as provided by law.

1991, c. 64, a. 309.

310. The functioning, the administration of the patrimony and the activities of a legal person are regulated by law, the constituting act and the by-laws; to the extent permitted by law, they may also be regulated by a unanimous agreement of the members.

In case of inconsistency between the constituting act and the by-laws, the constituting act prevails.

1991, c. 64, a. 310.

311. Legal persons act through their organs, such as the board of directors and the general meeting of the members.

1991, c. 64, a. 311.

312. A legal person is represented by its senior officers, who bind it to the extent of the powers vested in them by law, the constituting act or the by-laws.

1991, c. 64, a. 312.

313. The by-laws of a legal person establish contractual relations between the legal person and its members.

1991, c. 64, a. 313; I.N. 2014-05-01; 2016, c. 4, s. 45.

314. A legal person exists in perpetuity unless otherwise provided by law or its constituting act.

1991, c. 64, a. 314.

315. The members of a legal person are bound towards the legal person for anything they have promised to contribute to it, unless otherwise provided by law.

1991, c. 64, a. 315; I.N. 2014-05-01; I.N. 2015-11-01.

316. In case of fraud with regard to the legal person, the court may, on the application of an interested person, hold the founders, directors, other senior officers or members of the legal person who have participated in the alleged act or derived personal profit therefrom liable, to the extent it indicates, for any injury suffered by the legal person.

1991, c. 64, a. 316; I.N. 2014-05-01.

317. The juridical personality of a legal person may not be invoked against a person in good faith so as to dissemble fraud, abuse of right or contravention of a rule of public order.

1991, c. 64, a. 317; I.N. 2014-05-01.

318. The court, in deciding an action brought by a third person in good faith, may rule that a person or group not having the status of a legal person is bound in the same way as a legal person, if the person or group acted as such towards the third person.

1991, c. 64, a. 318; I.N. 2014-05-01.

319. A legal person may ratify an act performed for it before it was constituted; it is then substituted for the person who acted for it.

The ratification does not effect novation; the person who acted has thenceforth the same rights and is subject to the same obligations as a mandatary with respect to the legal person.

1991, c. 64, a. 319; I.N. 2014-05-01.

320. A person who acts for a legal person before it is constituted is bound by the obligations so contracted, unless the contract stipulates otherwise and includes a statement to the effect that the legal person might not be constituted or might not assume the obligations subscribed in the contract.

1991, c. 64, a. 320.

DIVISION III OBLIGATIONS AND DISQUALIFICATION OF DIRECTORS

321. A director is considered to be the mandatary of the legal person. He shall, in the performance of his duties, conform to the obligations imposed on him by law, the constituting act or the by-laws and he shall act within the limits of the powers conferred on him.

1991, c. 64, a. 321.

322. A director shall act with prudence and diligence.

He shall also act with honesty and loyalty in the interest of the legal person.

1991, c. 64, a. 322; 2002, c. 19, s. 15.

323. No director may mingle the property of the legal person with his own property nor may he use for his own profit or that of a third person any property of the legal person or any information he obtains by reason of his duties, unless he is authorized to do so by the members of the legal person.

1991, c. 64, a. 323.

324. A director shall avoid placing himself in any situation where his personal interest would be in conflict with his obligations as a director.

A director shall declare to the legal person any interest he has in an enterprise or association that may place him in a situation of conflict of interest and of any right he may set up against it, indicating their nature and value, where applicable. The declaration of interest is recorded in the minutes of the proceedings of the board of directors or the equivalent.

1991, c. 64, a. 324.

325. A director may, even in carrying on his duties, acquire, directly or indirectly, rights in the property under his administration or enter into contracts with the legal person.

The director shall immediately inform the legal person of any acquisition or contract described in the first paragraph, indicating the nature and value of the rights he is acquiring, and request that the fact be recorded in the minutes of proceedings of the board of directors or the equivalent. He shall abstain, except in case of necessity, from the discussion and voting on the question. This rule does not, however, apply to matters concerning the remuneration or conditions of employment of the director.

1991, c. 64, a. 325; 2016, c. 4, s. 46.

326. Where the director of a legal person fails to give information correctly and immediately of an acquisition or a contract, the court, on the application of the legal person or a member, may, among other measures, annul the act or order the director to render account and to remit the profit or benefit realized to the legal person.

The action may be brought only within one year after knowledge is gained of the acquisition or contract.

1991, c. 64, a. 326.

327. Minors, persons of full age under tutorship or under a protection mandate, bankrupts and persons prohibited by the court from holding such office are disqualified for office as directors.

However, minors and persons of full age under tutorship or under a protection mandate may be directors of associations constituted as legal persons that do not aim to make pecuniary profits and whose objects concern them.

1991, c. 64, a. 327; 2020, c. 11, s. 60.

328. The acts of a director or senior officer may not be annulled on the sole ground that he was disqualified or that his designation was irregular.

1991, c. 64, a. 328.

329. The court, on the application of an interested person, may prohibit a person from holding office as a director of a legal person if the person has been found guilty of an indictable offence involving fraud or dishonesty in a matter related to legal persons, or who has repeatedly violated the laws relating to legal persons or failed to fulfil his obligations as a director.

1991, c. 64, a. 329; I.N. 2014-05-01.

330. No prohibition may extend beyond five years from the latest act charged.

The court may lift the prohibition under the conditions it sees fit, on the application of the person concerned by the prohibition.

1991, c. 64, a. 330.

DIVISION IV JUDICIAL ATTRIBUTION OF PERSONALITY

331. Juridical personality may be conferred retroactively by the court on a legal person which, before being constituted, had publicly, continuously and unequivocally all the appearances of a legal person and acted as such towards both its members and third persons.

The authority that should originally have overseen the constitution of the legal person must first consent to the application.

1991, c. 64, a. 331; I.N. 2014-05-01.

332. Any interested person may intervene in the proceedings or contest a judgment which, in fraud of his rights, has attributed juridical personality.

1991, c. 64, a. 332; 2002, c. 19, s. 15.

333. The judgment confers juridical personality from the date it indicates. It in no way alters the rights and obligations existing on that date.

A copy of the judgment is transmitted without delay by the clerk of the court to the authority which accepted or issued the constituting act of the legal person. Notice of the judgment shall be published by the authority in the Gazette officielle du Québec.

1991, c. 64, a. 333; I.N. 2014-05-01.

CHAPTER II PROVISIONS APPLICABLE TO CERTAIN LEGAL PERSONS

334. Legal persons assuming a juridical form governed by another title of this Code are subject to the rules of this chapter; the same applies to any other legal person if the Act by which it is constituted or which applies to it so provides or indicates no other rules of functioning, dissolution or liquidation.

They may, however, make derogations in their by-laws from the rules concerning their functioning, provided the rights of the members are safeguarded.

1991, c. 64, a. 334.

DIVISION I FUNCTIONAL STRUCTURE OF LEGAL PERSONS

§ 1 . — Administration

335. The board of directors manages the affairs of the legal person and exercises all the powers necessary for that purpose; it may create management positions and other organs, and delegate the exercise of certain powers to the holders of those positions and to those organs.

The board of directors adopts and implements management by-laws, subject to approval by the members at the next general meeting.

1991, c. 64, a. 335.

336. The decisions of the board of directors are taken by the vote of a majority of the directors.

1991, c. 64, a. 336.

337. Every director is, with the other directors, liable for the decisions taken by the board of directors unless he requested that his dissent be recorded in the minutes of proceedings or the equivalent.

However, a director who was absent from a meeting of the board is presumed not to have approved the decisions taken at that meeting.

1991, c. 64, a. 337.

338. The directors of a legal person are designated by the members.

No one may be designated as a director without his express consent.

1991, c. 64, a. 338; I.N. 2015-11-01.

339. The term of office of directors is one year; at the expiry of that period, their term continues unless it is revoked.

1991, c. 64, a. 339.

340. The directors fill the vacancies on the board. Vacancies on the board do not prevent the directors from acting; if their number has become less than a quorum, the remaining directors may validly convene the members.

1991, c. 64, a. 340.

341. Where the board is prevented from acting according to majority rule or another specified proportion owing to an impediment or the systematic opposition of some directors, the others may act alone for conservatory acts; they may also, with the authorization of the court, act alone for acts requiring immediate action.

Where the situation persists and the administration is seriously impeded as a result, the court, on the application of an interested person, may exempt the directors from acting in the specified proportion, divide their duties, grant a casting vote to one of them or make any order it sees fit in the circumstances.

1991, c. 64, a. 341; I.N. 2014-05-01.

342. The board of directors keeps the list of members and the books and registers necessary for the proper functioning of the legal person.

The documents referred to in the first paragraph are the property of the legal person and the members have access to them.

1991, c. 64, a. 342.

343. The board of directors may designate a person to keep the books and registers of the legal person.

The designated person may issue copies of the documents deposited with him; until proof to the contrary, the copies are proof of their contents without any requirement to prove the signature affixed to them or the authority of the author.

1991, c. 64, a. 343.

344. If all the directors are in agreement, they may participate in a meeting of the board of directors by the use of a means which allows all those participating to communicate directly with each other.

1991, c. 64, a. 344.

§ 2 . — General meeting

345. The general meeting is convened each year by the board of directors, or following its directives, within six months after the close of the financial period.

The first general meeting is held within six months from the constitution of the legal person.

1991, c. 64, a. 345.

346. The notice convening the annual general meeting indicates the date, time and place of the meeting and the agenda; it is sent to each member qualified to attend, not less than 10 but not more than 45 days before the meeting.

Ordinary business need not be mentioned in the agenda of the annual meeting.

1991, c. 64, a. 346.

347. The notice convening the annual general meeting is accompanied by the balance sheet, the statement of income for the preceding financial period and a statement of debts and claims.

1991, c. 64, a. 347; I.N. 2014-05-01.

348. No business may be discussed at a general meeting except that appearing on the agenda, unless all the members entitled to be convened are present and consent. However, at an annual meeting, each member may raise any question of interest to the legal person or its members.

1991, c. 64, a. 348.

349. The proceedings of the general meeting are invalid unless a majority of the members qualified to vote are present or represented.

1991, c. 64, a. 349.

350. A member may be represented at a general meeting if he has given a written mandate to that effect.

1991, c. 64, a. 350.

351. Decisions of the meeting are taken by a majority of the votes cast.

The vote of the members is taken by a show of hands or, upon request, by secret ballot.

1991, c. 64, a. 351; I.N. 2014-05-01.

352. If they represent 10% of the votes, members may require the directors or the secretary to convene an annual or special general meeting, stating in a written notice the business to be transacted at the meeting.

If the directors or the secretary fail to act within 21 days after receiving the notice, any of the members who signed it may convene the meeting.

The legal person is bound to reimburse to the members the useful expenses incurred by them to hold the meeting, unless the meeting decides otherwise.

1991, c. 64, a. 352; 2002, c. 19, s. 15; I.N. 2014-05-01.

§ 3 . — Provisions common to meetings of directors and general meetings

353. The directors or the members may waive the notice convening a meeting of the board of directors, a general meeting or a meeting of any other organ.

The mere presence of the directors or the members is equivalent to a waiver of the convening notice unless they are attending to object that the meeting was not regularly convened.

1991, c. 64, a. 353.

354. Resolutions in writing signed by all the persons qualified to vote at a meeting are as valid as if passed at a meeting of the board of directors, at a general meeting or at a meeting of any other organ.

A copy of the resolutions is kept with the minutes of proceedings or the equivalent.

1991, c. 64, a. 354.

DIVISION II DISSOLUTION AND LIQUIDATION OF LEGAL PERSONS

355. A legal person is dissolved by the annulment of its constituting act or for any other cause provided for by the constituting act or by law.

It is also dissolved where the court confirms the fulfilment of the condition attached to the constituting act, the achievement of the object for which the legal person was constituted or the impossibility of achieving it, or the existence of some other legitimate cause.

1991, c. 64, a. 355; I.N. 2015-11-01.

356. A legal person may also be dissolved by consent of not less than two-thirds of the votes cast at a general meeting convened expressly for that purpose.

The notice convening the meeting shall be sent not less than 30 days but not more than 45 days before the meeting and not at an inopportune moment.

1991, c. 64, a. 356; I.N. 2014-05-01.

357. The juridical personality of the legal person continues to exist for the purposes of the liquidation.

1991, c. 64, a. 357.

358. The directors shall give notice of the dissolution to the enterprise registrar by filing a declaration to that effect in accordance with the Act respecting the legal publicity of enterprises (chapter P-44.1) and, if the legal person is a syndicate of co-owners, apply for the registration of the notice in the land register. They shall also appoint a liquidator, according to the by-laws, who shall proceed immediately with the liquidation.

If the directors fail to fulfil these obligations, they may be held liable for the acts of the legal person, and any interested person may apply to the court for the appointment of a liquidator.

1991, c. 64, a. 358; 2000, c. 42, s. 2; 2002, c. 45, s. 158; 2010, c. 7, s. 165.

359. Notice of the appointment of a liquidator, as also of any revocation, is filed in the same place and in the same manner as the notice of dissolution. The appointment and revocation may be set up against third persons from the filing of the notice in the enterprise register kept under Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1).

1991, c. 64, a. 359; 2010, c. 7, s. 166; 2010, c. 40, s. 92.

360. The liquidator is seized of the property of the legal person and acts as an administrator of the property of others charged with full administration.

The liquidator is entitled to require from the directors and the members of the legal person any document and any explanation concerning the rights and obligations of the legal person.

1991, c. 64, a. 360; I.N. 2014-05-01; I.N. 2015-11-01.

361. The liquidator first repays the debts, then effects the reimbursement of the capital contributions.

The liquidator, subject to the provisions of the following paragraph, then partitions the assets among the members in proportion to their rights or, otherwise, in equal portions, following if need be the rules relating to the partition of property in undivided co-ownership. Any residue devolves to the State.

If the assets include property coming from contributions of third persons, the liquidator shall remit such property to another legal person or a trust sharing objectives similar to those of the legal person being liquidated; if that is not possible, it devolves to the State or, if of little value, is shared equally among the members.

1991, c. 64, a. 361.

362. The liquidator retains the books and records of the legal person for five years from the closing of the liquidation; he holds them for a longer period if the books and records are required as evidence in proceedings.

He disposes of them thereafter as he sees fit.

1991, c. 64, a. 362; I.N. 2014-05-01.

363. Unless the liquidator obtains an extension from the court, the Minister of Revenue undertakes or continues a liquidation that is not terminated within five years from the filing of the notice of dissolution.

The Minister of Revenue has, in that case, the same rights and obligations as a liquidator.

1991, c. 64, a. 363; 2005, c. 44, s. 54.

364. The liquidation of a legal person is closed by the filing of a notice of closure in the same place and in the same manner as the notice of dissolution. The filing of the notice in the register cancels any other registrations concerning the legal person.

1991, c. 64, a. 364; 2010, c. 7, s. 167.

BOOK TWO THE FAMILY

TITLE ONE MARRIAGE

CHAPTER I MARRIAGE AND SOLEMNIZATION OF MARRIAGE

365. Marriage shall be contracted openly, in the presence of two witnesses, before a competent officiant.

1991, c. 64, a. 365; 2002, c. 6, s. 22.

366. Every clerk or deputy clerk of the Superior Court designated by the Minister of Justice, every notary authorized by law to execute notarial acts and, within the territory defined in the instrument of designation, any other person designated by the Minister of Justice, including mayors, members of municipal or borough councils and municipal officers, is competent to solemnize marriage.

In addition, every minister of religion authorized to solemnize marriage by the religious society to which he belongs is competent to do so, provided that he is resident in Québec, that he carries on the whole or part of his ministry in Québec, that the existence, rites and ceremonies of his confession are of a permanent nature, that he solemnizes marriages in places which conform to those rites and to the rules prescribed by the Minister of Justice and that he is authorized by the latter.

Any minister of religion not resident but living temporarily in Québec may also be authorized to solemnize marriage in Québec for such time as the Minister of Justice determines.

In the territory defined in an agreement concluded between the Government and a Mohawk community, the persons designated by the Minister of Justice and the community are also competent to solemnize marriages.

1991, c. 64, a. 366; 1996, c. 21, s. 28; 1999, c. 53, s. 20; 2002, c. 6, s. 23; 2004, c. 5, s. 1; 2007, c. 32, s. 10; I.N. 2014-05-01; 2016, c. 12, s. 5.

367. No minister of religion may be compelled to solemnize a marriage to which there is any impediment according to his religion and to the discipline of the religious society to which he belongs.

1991, c. 64, a. 367.

368. Publication shall be effected by means of a notice posted, for 20 days before the date fixed for the solemnization of the marriage, on the website of the registrar of civil status. No publication is required if the intended spouses are already in a civil union.

1991, c. 64, a. 368; 2004, c. 23, s. 5; 2016, c. 12, s. 6.

369. The publication sets forth the name and domicile of each of the intended spouses, the year and place of their birth, the scheduled solemnization date and the name of the officiant. The correctness of these particulars is confirmed by a witness of full age. The other rules governing publication of the marriage are determined by the Minister of Justice.

On receipt of the notice of publication, the registrar of civil status shall ensure that the officiant is competent.

1991, c. 64, a. 369; 2016, c. 12, s. 7.

370. The registrar of civil status may, for a serious reason, grant a dispensation from publication on an application by the intended spouses and the officiant.

However, if the life of one of the intended spouses is endangered and the marriage must be solemnized promptly without it being possible to obtain a dispensation from the registrar, the officiant may grant the dispensation. In such a case, when sending the declaration of marriage to the registrar of civil status, the officiant shall include the dispensation, which must specify the grounds for granting it.

1991, c. 64, a. 370; 2016, c. 12, s. 8.

371. If a marriage is not solemnized within three months from the twentieth day after publication, the publication shall be renewed.

1991, c. 64, a. 371.

372. Any interested person may oppose the solemnization of a marriage between persons incapable of contracting it, in particular if, in the person’s opinion, the consent of one of the intended spouses is likely not to be free or enlightened.

A minor may oppose a marriage alone. He may also act alone as defendant.

1991, c. 64, a. 372; 2016, c. 12, s. 9.

373. Before solemnizing a marriage, the officiant ascertains the identity of the intended spouses, compliance with the conditions for the formation of the marriage and observance of formalities prescribed by law. More particularly, the officiant ascertains that the intended spouses are free from any previous bond of marriage or civil union, except in the case of a civil union between the same spouses, and, in the case of minors, that the court has authorized the solemnization of the marriage.

The minor may apply alone for the court’s authorization. The person having parental authority or, if applicable, the tutor must be summoned to give his or her advice.

1991, c. 64, a. 373; 2002, c. 6, s. 24; 2004, c. 23, s. 6; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 12, s. 10.

374. In the presence of the witnesses, the officiant reads articles 392 to 396 to the intended spouses.

He requests and receives, from each of the intended spouses personally, a declaration of their wish to take each other as husband and wife. He then declares them united in marriage.

1991, c. 64, a. 374.

375. The officiant draws up the declaration of marriage and sends it within 30 days after the solemnization to the registrar of civil status.

1991, c. 64, a. 375; 1999, c. 47, s. 15; 2016, c. 12, s. 11.

376. Clerks and deputy clerks, notaries and persons designated by the Minister of Justice solemnize marriages according to the rules prescribed by the Minister of Justice.

Clerks and deputy clerks collect the duties fixed by regulation of the Government from the intended spouses, on behalf of the Minister of Finance.

Notaries and designated persons collect the agreed fees from the intended spouses. However, mayors, other members of municipal or borough councils and municipal officers collect the duties fixed by municipal by-law from the intended spouses, on behalf of the municipality; such duties must be in keeping with the minimum and maximum amounts fixed by regulation of the Government.

1991, c. 64, a. 376; 2002, c. 6, s. 25.

376.1. The rules governing the solemnization of marriage prescribed by the Minister of Justice apply, to the extent determined by the Minister, to the persons authorized by the Minister to solemnize marriages.

2016, c. 12, s. 12.

376.2. The measures that may be taken in the event of an officiant’s non-compliance with the rules governing the solemnization of marriages are determined by regulation of the Minister of Justice.

2016, c. 12, s. 13.

377. Unless the Minister of Justice has already delegated to the registrar of civil status the power to grant the authorizations and make the designations provided for in article 366, the Minister of Justice keeps the registrar informed of the authorizations, designations and revocations the Minister of Justice gives, makes or takes part in with respect to officiants competent to solemnize marriages, so that appropriate entries and corrections may be made in a register.

For the same purposes, the secretary of the Ordre des notaires du Québec maintains, and communicates to the registrar of civil status, an updated list of the notaries who are competent to solemnize marriages, specifying the date on which each notary became so competent and, if known, the date on which the notary will cease to be so competent.

If an officiant becomes disqualified or dies, the religious society, the clerk of the Superior Court or the secretary of the Ordre des notaires du Québec, as the case may be, is responsible for informing the registrar of civil status so that the appropriate corrections may be made in the register.

1991, c. 64, a. 377; 1996, c. 21, s. 29; 2002, c. 6, s. 26; 2007, c. 32, s. 11; 2016, c. 4, s 47.

CHAPTER II PROOF OF MARRIAGE

378. Marriage is proved by an act of marriage, except in cases where the law authorizes another mode of proof.

1991, c. 64, a. 378.

379. Possession of the status of spouses compensates for a defect of form in the act of marriage.

1991, c. 64, a. 379.

CHAPTER III NULLITY OF MARRIAGE

380. A marriage which is not solemnized as prescribed by this Title and the necessary conditions for its formation may be declared null upon the application of any interested person, although the court may decide according to the circumstances.

No action lies after the lapse of three years from the solemnization, except where public order is concerned, in particular if the consent of one of the spouses was not free or enlightened.

1991, c. 64, a. 380; 2002, c. 19, s. 15; I.N. 2014-05-01; 2016, c. 12, s. 14.

381. The nullity of a marriage, for whatever reason, does not deprive the children of the advantages secured to them by law or by the marriage contract.

The rights and duties of fathers and mothers or of the parents towards their children are unaffected by the nullity of their marriage.

1991, c. 64, a. 381; 2022, c. 22, s. 78.

382. A marriage that has been declared null produces its effects in favour of spouses who were in good faith.

In particular, the liquidation of the patrimonial rights that are then presumed to have existed is proceeded with, unless the spouses each agree to take back their property.

1991, c. 64, a. 382; I.N. 2014-05-01.

383. If the spouses were in bad faith, they each take back their property.

1991, c. 64, a. 383.

384. If only one spouse was in good faith, that spouse may either take back his or her property or apply for the liquidation of the patrimonial rights resulting to him or her from the marriage.

1991, c. 64, a. 384.

385. Subject to article 386, spouses in good faith are entitled to the gifts made to them in consideration of marriage.

However, the court may, when declaring a marriage null, declare the gifts to have lapsed or reduce them, or order the payment of the gifts inter vivos deferred for the period of time it fixes, taking the circumstances of the parties into account.

1991, c. 64, a. 385.

386. The nullity of the marriage renders null the gifts inter vivos made in consideration of the marriage to a spouse in bad faith.

It also renders null the gifts mortis causa made by one spouse to the other in consideration of the marriage.

1991, c. 64, a. 386.

387. A spouse is presumed to have contracted marriage in good faith unless, when declaring the marriage null, the court declares that spouse to be in bad faith.

1991, c. 64, a. 387.

388. The court decides, as in proceedings for separation from bed and board, as to the provisional measures pending suit, the custody, maintenance and education of the children and, in declaring nullity, it decides as to the right of a spouse in good faith to support or to a compensatory allowance.

1991, c. 64, a. 388.

389. Nullity of marriage extinguishes the right which the spouses had to claim support unless, on a demand, the court, in declaring nullity, orders one of them to pay support to the other or, being unable, owing to the circumstances, to decide the question equitably, reserves the right to claim support.

The right to claim support may not be reserved for a period of over two years; it is extinguished by operation of law at the expiry of that period.

1991, c. 64, a. 389.

390. Where the court has awarded support or reserved the right to claim support, it may at any time after the marriage is annulled declare the right to support extinguished.

1991, c. 64, a. 390.

CHAPTER IV EFFECTS OF MARRIAGE

391. In no case may spouses derogate from the provisions of this chapter, whatever their matrimonial regime.

1991, c. 64, a. 391.

DIVISION I RIGHTS AND DUTIES OF SPOUSES

392. The spouses have the same rights and obligations in marriage.

They owe each other respect, fidelity, succour and assistance.

They are bound to share a community of life.

1991, c. 64, a. 392; 2016, c. 4, s. 48.

393. In marriage, both spouses retain their respective names, and exercise their respective civil rights under those names.

1991, c. 64, a. 393.

394. The spouses together take in hand the moral and material direction of the family, exercise parental authority and assume the tasks resulting therefrom.

1991, c. 64, a. 394.

395. The spouses choose the family residence together.

In the absence of an express choice, the family residence is presumed to be the residence where the members of the family live while carrying on their principal activities.

1991, c. 64, a. 395.

396. The spouses contribute towards the expenses of the marriage in proportion to their respective means.

The spouses may make their respective contributions by their activities within the home.

1991, c. 64, a. 396.

397. A spouse who enters into a contract for the current needs of the family also binds the other spouse for the whole, if they are not separated from bed and board.

However, the non-contracting spouse is not liable for the debt if he or she had previously informed the other contracting party of his or her unwillingness to be bound.

1991, c. 64, a. 397.

398. Either spouse may give the other a mandate in order to be represented in acts relating to the moral and material direction of the family.

This mandate is presumed if one spouse is unable to express his or her will for any reason or if he or she is unable to do so in due time.

1991, c. 64, a. 398.

399. Either spouse may be authorized by the court to enter alone into any act for which the consent of the other would be required, provided such consent is unobtainable for any reason, or its refusal is not justified by the interest of the family.

The authorization is special and for a specified time; it may be amended or revoked.

1991, c. 64, a. 399.

400. If the spouses disagree as to the exercise of their rights and the performance of their duties, they or either of them may apply to the court, which will decide in the interest of the family after fostering the conciliation of the parties.

1991, c. 64, a. 400.

DIVISION II FAMILY RESIDENCE

401. Neither spouse may, without the consent of the other, alienate, hypothecate or remove from the family residence the movable property serving for the use of the household.

The movable property serving for the use of the household includes only the movable property destined to furnish the family residence or decorate it; decorations include pictures and other works of art, but not collections.

1991, c. 64, a. 401.

402. A spouse having neither consented to nor ratified an act concerning any movable property serving for the use of the household may apply to have it annulled.

However, an act by onerous title may not be annulled if the other contracting party was in good faith.

1991, c. 64, a. 402.

403. Neither spouse, if the lessee of the family residence, may, without the written consent of the other, sublet it, transfer the right or terminate the lease where the lessor has been notified, by either of them, that the dwelling is used as the family residence.

A spouse having neither consented to nor ratified the act may apply to have it annulled.

1991, c. 64, a. 403.

404. Neither spouse, if the owner of an immovable with fewer than five dwellings that is used in whole or in part as the family residence, may, without the written consent of the other, alienate the immovable, charge it with a real right or lease that part of it reserved for the use of the family.

A spouse having neither consented to nor ratified the act may apply to have it annulled if a declaration of family residence was previously registered against the immovable.

1991, c. 64, a. 404; I.N. 2014-05-01.

405. Neither spouse, if the owner of an immovable with five dwellings or more that is used in whole or in part as the family residence may, without the written consent of the other, alienate the immovable or lease that part of it reserved for the use of the family.

Where a declaration of family residence was previously registered against the immovable, a spouse not having consented to the act of alienation may require from the acquirer the grant of a lease of the premises already occupied as a dwelling, under the conditions governing the lease of a dwelling; on the same condition, a spouse having neither consented to nor ratified the act of lease may apply to have it annulled.

1991, c. 64, a. 405; I.N. 2014-05-01.

406. The usufructuary, the emphyteuta and the user are subject to the rules of articles 404 and 405.

Neither spouse may, without the consent of the other, dispose of rights held by another title conferring use of the family residence.

1991, c. 64, a. 406; I.N. 2014-05-01.

407. The declaration of family residence is made by both spouses or by either of them.

It may also result from a declaration to that effect contained in an act intended for publication.

1991, c. 64, a. 407.

408. A spouse not having given consent to an act for which it was required may, without prejudice to any other right, claim damages from the other spouse or from any other person having, through his fault, caused the spouse injury.

1991, c. 64, a. 408; I.N. 2014-05-01.

409. In the event of separation from bed and board, divorce or nullity of a marriage, the court may, upon the application of either spouse, award to the spouse of the lessee the lease of the family residence.

The award binds the lessor upon being notified to him and relieves the original lessee of the rights and obligations arising out of the lease from that time forward.

1991, c. 64, a. 409; I.N. 2016-01-01 (NCCP).

410. In the event of separation from bed and board, or the dissolution or nullity of a marriage, the court may award, to either spouse or to the surviving spouse, the ownership or use of the movable property of the other spouse which serves for the use of the household.

It may also award the right of use of the family residence to the spouse to whom it awards custody of a child.

The user is exempted from furnishing security and from making an inventory of the property unless the court decides otherwise.

1991, c. 64, a. 410; I.N. 2014-05-01.

411. The award of the right of use or ownership is effected, failing agreement between the parties, on the conditions determined by the court and, in particular, on condition of payment of any equalizing sum, all at once or by instalments.

When the equalizing sum is payable by instalments, the court fixes the terms and conditions of guarantee and payment.

1991, c. 64, a. 411; I.N. 2014-05-01; 2016, c. 4, s. 49.

412. Judicial award of a right of ownership is subject to the provisions relating to sale.

1991, c. 64, a. 412.

413. A judgment awarding a right of use or ownership is equivalent to title and has the effects thereof.

1991, c. 64, a. 413.

DIVISION III FAMILY PATRIMONY

§ 1 . — Establishment of patrimony

414. Marriage entails the establishment of a family patrimony consisting of certain property of the spouses regardless of which of them holds a right of ownership in that property.

1991, c. 64, a. 414.

415. The family patrimony is composed of the following property owned by one or the other of the spouses: the residences of the family or the rights which confer use of them, the movable property with which they are furnished or decorated and which serves for the use of the household, the motor vehicles used for family travel and the benefits accrued during the marriage under a retirement plan. The payment of contributions into a pension plan entails an accrual of benefits under the pension plan; so does the accumulation of service recognized for the purposes of a pension plan.

This patrimony also includes the registered earnings, during the marriage, of each spouse pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or to similar plans.

The earnings contemplated in the second paragraph and accrued benefits under a retirement plan governed or established by an Act which grants a right to death benefits to the surviving spouse where the marriage is dissolved as a result of death are, however, excluded from the family patrimony.

Property devolved to one of the spouses by succession or gift before or during the marriage is also excluded from the family patrimony.

For the purposes of the rules on family patrimony, a retirement plan is any of the following:

 — a plan governed by the Supplemental Pension Plans Act (chapter R-15.1) or by the Voluntary Retirement Savings Plans Act (chapter R-17.0.1) or that would be governed by one of those Acts if one of them applied where the spouse works;

 — a retirement plan governed by a similar Act of a legislative jurisdiction other than the Parliament of Québec;

 — a plan established by an Act of the Parliament of Québec or of another legislative jurisdiction;

 — a retirement-savings plan;

 — any other retirement-savings instrument, including an annuity contract, into which sums from any of such plans have been transferred.

1991, c. 64, a. 415; 2002, c. 19, s. 3; 2013, c. 26, s. 128.

§ 2 . — Partition of patrimony

416. In the event of separation from bed and board, or the dissolution or nullity of a marriage, the value of the family patrimony of the spouses, after deducting the debts contracted for the acquisition, improvement, maintenance or preservation of the property composing it, is equally divided between the spouses or between the surviving spouse and the heirs, as the case may be.

Where partition is effected upon separation from bed and board, no new partition is effected upon the subsequent dissolution or nullity of the marriage unless the spouses had voluntarily resumed their community of life; where a new partition is effected, the date when the spouses resumed their community of life is substituted for the date of the marriage for the purposes of this section.

1991, c. 64, a. 416; 2016, c. 4, s. 50.

417. The net value of the family patrimony is determined according to the value of the property composing the patrimony and the debts contracted for the acquisition, improvement, maintenance or preservation of the property composing it on the date of death of the spouse or on the date of the institution of the action in which separation from bed and board, divorce or nullity of the marriage, as the case may be, is decided; the property is valued at its market value.

The court may, however, upon the application of one or the other of the spouses or of their successors, decide that the net value of the family patrimony will be determined according to the value of such property and such debts on the date when the spouses ceased sharing a community of life.

1991, c. 64, a. 417; I.N. 2015-11-01; 2016, c. 4, s. 51.

418. Once the net value of the family patrimony has been determined, a deduction is made from it of the net value, at the time of the marriage, of the property then owned by one of the spouses that is included in the family patrimony; similarly, a deduction is made from it of the net value of a contribution made by one of the spouses during the marriage for the acquisition or improvement of property included in the family patrimony, where the contribution was made out of property devolved by succession or gift, or its reinvestment.

A further deduction from the net value is made, in the first case, of the increase in value acquired by the property during the marriage, proportionately to the ratio existing at the time of the marriage between the net value and the gross value of the property, and, in the second case, of the increase in value acquired since the contribution, proportionately to the ratio existing at the time of the contribution between the value of the contribution and the gross value of the property.

Reinvestment during the marriage of property included in the family patrimony that was owned at the time of the marriage gives rise to the same deductions, adapted as required.

1991, c. 64, a. 418; I.N. 2015-11-01.

419. Partition of the family patrimony is effected by giving in payment or by payment in money.

If partition is effected by giving in payment, the spouses may agree to transfer ownership of other property than that composing the family patrimony.

1991, c. 64, a. 419.

420. The court may, at the time of partition, award certain property to one of the spouses and may also, where it is necessary to avoid injury, order the debtor spouse to perform his or her obligation by way of instalments spread over a period of not more than 10 years.

It may also order any other measure it considers appropriate to ensure that the judgment is properly executed, and, in particular, order that security be granted to one of the parties to guarantee performance of the obligations of the debtor spouse.

1991, c. 64, a. 420; I.N. 2014-05-01.

421. Where property included in the family patrimony was alienated or misappropriated in the year preceding the death of one of the spouses or the institution of proceedings for separation from bed and board, divorce or annulment of marriage and was not replaced, the court may order that a compensatory payment be made to the spouse who would have benefited from the inclusion of that property in the family patrimony.

The same rule applies where the property was alienated over one year before the death of one of the spouses or the institution of proceedings and the alienation was made for the purpose of decreasing the share of the spouse who would have benefited from the inclusion of that property in the family patrimony.

1991, c. 64, a. 421.

422. The court may, on an application, make an exception to the rule of partition into equal shares, and decide that there will be no partition of earnings registered pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or to similar plans where it would result in an injustice considering, in particular, the brevity of the marriage, the waste of certain property by one of the spouses, or the bad faith of one of them.

1991, c. 64, a. 422.

423. The spouses may not, by way of their marriage contract or otherwise, renounce their rights in the family patrimony.

A spouse may, however, from the death of the other spouse or from the judgment of divorce, separation from bed and board or nullity of marriage, renounce such rights, in whole or in part, by notarial act en minute; that spouse may also renounce them by a judicial declaration which is recorded, in the course of proceedings for divorce, separation from bed and board or nullity of marriage.

Renunciation shall be entered in the register of personal and movable real rights. Failing entry within a period of one year from the time when the right to partition arose, the renouncing spouse is deemed to have accepted.

1991, c. 64, a. 423; 1992, c. 57, s. 716; I.N. 2014-05-01.

424. Renunciation by one of the spouses, by notarial act, of partition of the family patrimony may be annulled by reason of lesion or any other cause of nullity of contracts.

1991, c. 64, a. 424.

425. The partition of the earnings registered in the name of each spouse pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or to a similar plan is effected by the body responsible for administering the plan, in accordance with that Act or the Act applicable to that plan, unless the latter Act provides no rules for partition.

1991, c. 64, a. 425.

426. The partition of the accrued benefits of one of the spouses under a pension plan governed or established by an Act is effected according to the rules of valuation and devolution contained in that Act or, where there are no such rules, according to the rules determined by the court seized of the application.

In no case, however, may the partition of such benefits deprive the original holder of such benefits of over one-half of the total value of the benefits accrued to him before or during the marriage, or confer more benefits on the beneficiary of the right to partition than the original holder of these benefits has under his plan.

Between the spouses or for their benefit, and notwithstanding any provision to the contrary, such benefits and benefits accrued under any other pension plan are transferable and seizable for partition of the family patrimony.

1991, c. 64, a. 426; 2002, c. 19, s. 4.

DIVISION IV COMPENSATORY ALLOWANCE

427. The court, in declaring separation from bed and board, divorce or nullity of marriage, may order either spouse to pay to the other, as compensation for the latter’s contribution, in property or services, to the enrichment of the patrimony of the former, an allowance payable all at once or by instalments, taking into account, in particular, the advantages of the matrimonial regime and of the marriage contract. The same rule applies in case of death; in such a case, the advantages of the succession to the surviving spouse are also taken into account.

Where the right to the compensatory allowance is founded on the regular cooperation of the spouse in an enterprise, whether the enterprise deals in property or in services and whether or not it is a commercial enterprise, it may be applied for from the time the cooperation ends, if this results from the alienation, dissolution or voluntary or forced liquidation of the enterprise.

1991, c. 64, a. 427; 2016, c. 4, s. 52.

428. The cooperating spouse may adduce any evidence to prove his or her contribution to the enrichment of the patrimony of the other spouse.

1991, c. 64, a. 428.

429. Where a compensatory allowance is to be paid, the court, failing agreement between the parties, fixes the amount thereof. It may also, where applicable, fix the terms and conditions of payment and order that the allowance be paid all at once or by instalments or that it be paid by the awarding of rights in certain property.

If the court awards a right in the family residence, a right in the movable property serving for the use of the household or retirement benefits accrued under a retirement plan to one of the spouses or to the surviving spouse, the provisions of Sections II and III are applicable.

1991, c. 64, a. 429; 2016, c. 4, s 53.

430. One of the spouses may, during the marriage, agree with the other spouse to make partial payment of the compensatory allowance. The payment received shall be deducted when the time comes to fix the value of the compensatory allowance.

1991, c. 64, a. 430.

CHAPTER V MATRIMONIAL REGIMES

DIVISION I GENERAL PROVISIONS

§ 1 . — Choice of matrimonial regime

431. Any kind of stipulation may be made in a marriage contract, subject to the imperative provisions of law and public order.

1991, c. 64, a. 431.

432. Spouses who, before the solemnization of their marriage, have not fixed their matrimonial regime in a marriage contract, are subject to the regime of partnership of acquests.

1991, c. 64, a. 432.

433. A matrimonial regime, whether legal or conventional, takes effect on the day when the marriage is solemnized.

A change made to the matrimonial regime during the marriage takes effect on the day of the act attesting the change.

In no case may the parties stipulate that their matrimonial regime or any change to it will take effect on another date.

1991, c. 64, a. 433.

434. A minor authorized to marry may, before the marriage is solemnized, make all such matrimonial agreements as the marriage contract admits of, provided he is authorized to that effect by the court.

The person having parental authority or, as the case may be, the tutor shall be summoned to give his advice.

The minor may apply for the authorization alone.

1991, c. 64, a. 434; I.N. 2014-05-01.

435. Agreements not authorized by the court may be impugned only by the minor or by the persons who had to be summoned to give their advice; no such agreement may be impugned if one year has elapsed since the marriage was solemnized.

1991, c. 64, a. 435; I.N. 2014-05-01.

436. No person of full age under tutorship or under a protection mandate may make matrimonial agreements without the assistance of his tutor or mandatary; the tutor or mandatary shall be authorized for this purpose by the court, if applicable, upon the advice of the tutorship council.

No agreement made in violation of this article may be impugned except by the person of full age himself, his tutor or his mandatary, as the case may be, nor except in the year immediately following the solemnization of the marriage or the day of the act changing the matrimonial agreements.

1991, c. 64, a. 436; 2020, c. 11, s. 61.

437. Intended spouses may change their matrimonial agreements before the solemnization of the marriage, in the presence and with the consent of all those who were parties to the marriage contract, provided the changes themselves are made by marriage contract.

1991, c. 64, a. 437.

438. During marriage, spouses may change their matrimonial regime and any stipulation in their marriage contract, provided the change itself is made by marriage contract.

Gifts made in marriage contracts, including gifts mortis causa, may be changed even if they are stipulated as irrevocable, provided that the consent of all interested persons is obtained.

If a creditor suffers injury as the result of a change to a marriage contract, he may, within one year of becoming aware of the change, obtain a declaration that it may not be set up against him.

1991, c. 64, a. 438; I.N. 2014-05-01.

439. Children to be born are represented by the spouses for the modification or cancellation, before or during the marriage, of gifts made to them by the marriage contract.

1991, c. 64, a. 439.

440. Marriage contracts shall be established by a notarial act en minute, on pain of absolute nullity.

1991, c. 64, a. 440.

441. The notary executing a marriage contract changing a previous contract shall immediately notify the depositary of the original marriage contract and the depositary of any contract changing the matrimonial regime. The depositary is bound to enter the change on the contract and on any copy he may make of it, indicating the date of the contract, the name of the notary and its minute number. The notation of the change may be made on the contract or, if applicable, on a copy of it or on a writing attached to the contract or copy, directly or by a reference.

1991, c. 64, a. 441; I.N. 2014-05-01; 2023, c. 23, s. 1.

442. A notice of every marriage contract shall be entered in the register of personal and movable real rights at the requisition of the officiating notary.

1991, c. 64, a. 442; I.N. 2014-05-01.

§ 2 . — Exercise of rights and powers arising out of the matrimonial regime

443. Either spouse may give a mandate to the other in order to be represented in the exercise of rights and powers granted by the matrimonial regime.

1991, c. 64, a. 443.

444. Where an expression of will cannot be given or cannot be given in due time by one spouse, the court may confer a mandate upon the other spouse to administer the property of that spouse or property administered by that spouse under the matrimonial regime.

The court fixes the terms and conditions of exercise of the powers conferred.

1991, c. 64, a. 444.

445. The court may declare the judicial mandate withdrawn once it is established that it is no longer necessary.

The mandate ceases by operation of law upon tutorship being instituted or a protection mandate homologated for the other spouse.

1991, c. 64, a. 445; 2020, c. 11, s. 62.

446. Either spouse, having administered the property of the other, is accountable even for the fruits and revenues consumed before being in default for failing to render an account.

1991, c. 64, a. 446; I.N. 2015-11-01.

447. If one spouse exceeds the powers granted by the matrimonial regime and the other has not ratified the act, the latter may apply to have it declared null.

As regards movable property, however, each spouse is deemed, with respect to third persons in good faith, to have power to enter alone into acts by onerous title for which the consent of the other spouse would be necessary.

1991, c. 64, a. 447; I.N. 2014-05-01.

DIVISION II PARTNERSHIP OF ACQUESTS

§ 1 . — Composition of the partnership of acquests

448. The property that each of the spouses possesses when the regime comes into effect or that each subsequently acquires constitutes acquests or private property according to the rules that follow.

1991, c. 64, a. 448; I.N. 2014-05-01; 2016, c. 4, s. 54.

449. The acquests of each spouse include all property not declared to be private property by law, and, in particular,

(1)  the proceeds of that spouse’s work during the regime;

(2)  the fruits and income due or collected from all that spouse’s private property or acquests during the regime.

1991, c. 64, a. 449.

450. The private property of each spouse consists of

(1)  property owned or possessed by that spouse when the regime comes into effect;

(2)  property which devolves to that spouse during the regime by succession or gift, and the fruits and income derived from it if the testator or donor has so provided;

(3)  property acquired by that spouse to replace private property and any insurance indemnity relating thereto;

(4)  the rights or benefits devolved to that spouse as a subrogated holder or as a specified beneficiary under a contract or plan of retirement, other annuity or insurance of persons;

(5)  that spouse’s clothing and personal papers, wedding ring, decorations and diplomas;

(6)  the instruments required for that spouse’s occupation, saving compensation where applicable.

1991, c. 64, a. 450.

451. Property acquired with private property and acquests is also private property, subject to compensation, if the value of the private property used is greater than one-half of the total cost of acquisition of the property. Otherwise, it is an acquest subject to compensation.

The same rule applies to life insurance, retirement pensions and other annuities. The total cost is the aggregate of the premiums or sums paid, except in term insurance where it is the amount of the latest premium.

1991, c. 64, a. 451.

452. Where, during the regime, a spouse who is already a co-owner in indivision of property, held as private property, acquires another part of it, this acquired part is also that spouse’s private property, saving compensation where applicable.

However, if the value of the acquests used to acquire that part is equal to or greater than one-half of the total value of the property of which the spouse has become the owner, this property becomes an acquest, subject to compensation.

1991, c. 64, a. 452; I.N. 2014-05-01.

453. The right of a spouse to support, to a disability pension or to any other benefit of the same nature remains the private property of that spouse; however, all pecuniary benefits derived from these are acquests, if they fall due or are collected during the regime or are payable to that spouse’s heirs and successors at death.

No compensation is due by reason of any amount or premium paid with the acquests or the private property to acquire the support, allowance or other benefits.

1991, c. 64, a. 453; I.N. 2014-05-01.

454. The right to claim damages and the compensation received for moral or bodily injury are also the private property of the spouse.

The same rule applies to the right and the compensation arising from an insurance contract or any other indemnification scheme, but no compensation is due by reason of the premiums or amounts paid with the acquests.

1991, c. 64, a. 454; I.N. 2014-05-01.

455. Property acquired as an accessory of or an annex to private property, and any construction, work or plantation on or in an immovable which is private property, remain private, saving compensation, if need be.

However, if the accessory or annex was acquired, or the construction, work or plantation made, from acquests, and if its value is equal to or greater than that of the private property, the whole becomes an acquest subject to compensation.

1991, c. 64, a. 455.

456. Securities acquired by the effect of a declaration of dividends on securities that are the private property of either spouse remain that spouse’s private property, saving compensation.

Securities acquired by the effect of the exercise of a subscription right, a pre-emptive right or any other similar right conferred on either spouse by securities that are that spouse’s private property likewise remain so, saving compensation, if need be.

Redemption premiums and prepaid premiums on securities that are the private property of either spouse remain that spouse’s private property without compensation.

1991, c. 64, a. 456.

457. Income derived from the operation of an enterprise that is the private property of either spouse remains that spouse’s private property, subject to compensation, if it is reinvested in the enterprise.

No compensation is due, however, if the investment was necessary in order to maintain the income of the enterprise.

1991, c. 64, a. 457; I.N. 2014-05-01; I.N. 2015-11-01.

458. Intellectual and industrial property rights are private property, but all fruits and income arising from them and collected or fallen due during the regime are acquests.

1991, c. 64, a. 458.

459. All property is presumed to constitute an acquest, both between the spouses and with respect to third persons, unless it is established that it is private property.

1991, c. 64, a. 459.

460. Any property that a spouse is unable to prove to be his or her exclusive private property or acquest is presumed to be held by both spouses in undivided co-ownership, one-half by each.

1991, c. 64, a. 460; 2016, c. 4, s. 55.

§ 2 . — Administration of property and liability for debts

461. Each spouse has the administration, enjoyment and free disposal of his or her private property and acquests.

1991, c. 64, a. 461.

462. Neither spouse may, however, without the consent of the other, dispose of acquests inter vivos by gratuitous title, with the exception of property of small value or customary presents.

A spouse may be authorized by the court to enter into the act alone, however, if consent cannot be obtained for any reason or if refusal is not justified in the interest of the family.

1991, c. 64, a. 462.

463. The restriction to the right to dispose of acquests does not limit the right of either spouse to designate a third person as a beneficiary or subrogated holder of an insurance of persons, a retirement pension or any other annuity, subject to the application of the rules concerning the family patrimony.

No compensation is due by reason of the sums or premiums paid with the acquests if the designation is in favour of the other spouse or of the children of either spouse.

1991, c. 64, a. 463; I.N. 2014-05-01.

464. The spouses, individually, are liable on both their private property and their acquests for all debts incurred by them before or during the marriage.

While the regime lasts, neither spouse is liable for the debts incurred by the other, subject to articles 397 and 398.

1991, c. 64, a. 464.

§ 3 . — Dissolution and liquidation of the regime

465. The regime of partnership of acquests is dissolved by

(1)  the death of one of the spouses;

(2)  a conventional change of regime during the marriage;

(3)  a judgment of divorce, separation from bed and board, or separation as to property;

(4)  the absence of one of the spouses in the cases provided for by law;

(5)  the nullity of the marriage if, nevertheless, the marriage produces effects.

The effects of the dissolution are produced immediately, except in the cases of subparagraphs 3 and 5, where they are retroactive, between the spouses, to the day of the application.

1991, c. 64, a. 465.

466. In any case of dissolution of a regime, the court may, upon the application of either spouse or of the latter’s successors, decide that, in the relations between the spouses, the effects of the dissolution are retroactive to the date when they ceased sharing a community of life.

1991, c. 64, a. 466; I.N. 2014-05-01; 2016, c. 4, s. 56.

467. Each spouse retains his or her private property after the regime is dissolved.

One spouse may accept or renounce the partition of the other spouse’s acquests, notwithstanding any agreement to the contrary.

1991, c. 64, a. 467.

468. Acceptance may be either express or tacit.

A spouse who has interfered in the management of the acquests of the other spouse after the regime is dissolved may not receive the share of the acquests of the other spouse to which he or she is entitled unless the other spouse has accepted the partition of the acquests of the spouse who interfered.

Acts of simple administration do not constitute interference.

1991, c. 64, a. 468; I.N. 2014-05-01.

469. Renunciation shall be made by notarial act en minute or by a judicial declaration which is recorded.

Renunciation shall be entered in the register of personal and movable real rights; failing entry within one year from the date of the dissolution, the spouse is deemed to have accepted.

1991, c. 64, a. 469.

470. If either spouse renounces partition, the share of the other’s acquests to which he or she would have been entitled remains vested in the other.

However, the creditors of the spouse who renounces partition to the prejudice of their rights may apply to the court for a declaration that the renunciation may not be set up against them, and accept the share of the acquests of their debtor’s spouse in his or her place and stead.

In that case, their acceptance has effect only in their favour and only to the extent of the amount of their claims; it is not valid in favour of the renouncing spouse.

1991, c. 64, a. 470.

471. A spouse who has misappropriated or concealed acquests, wasted his or her acquests or administered them in bad faith forfeits his or her share of the acquests of the other spouse.

1991, c. 64, a. 471; 2016, c. 4, s. 57.

472. Acceptance and renunciation are irrevocable. Renunciation may be annulled, however, by reason of lesion or any other cause of nullity of contracts.

1991, c. 64, a. 472.

473. When the regime is dissolved by death and the surviving spouse has accepted the partition of the acquests of the deceased spouse, the heirs of the deceased spouse may accept or renounce the partition of the surviving spouse’s acquests, and, excepting preferential awards which only the surviving spouse is entitled to receive, the provisions on the dissolution and liquidation of the regime apply to them.

If one of the heirs accepts partition and the others renounce it, the heir who accepts may not take more than the portion of the acquests that he would have had if all had accepted.

Renunciation by the surviving spouse may be set up against the creditors of the deceased spouse.

1991, c. 64, a. 473.

474. When a spouse dies while still entitled to renounce partition, the heirs have a further period of one year from the date of death in which to have their renunciation registered.

1991, c. 64, a. 474; I.N. 2014-05-01.

475. When the partition of a spouse’s acquests is accepted, the property of the patrimony of that spouse is first divided into two masses, one comprising the private property and the other the acquests.

A statement is then prepared of the compensation owed by the mass of private property to the mass of the spouse’s acquests, and vice versa.

The compensation is equal to the enrichment enjoyed by one mass to the detriment of the other.

1991, c. 64, a. 475.

476. Property susceptible of compensation is assessed according to its condition at the time of dissolution of the regime and to its value at the time of liquidation.

The enrichment is valued as on the day the regime is dissolved; however, when the property acquired or improved was alienated during the regime, the enrichment is valued as on the day of the alienation.

1991, c. 64, a. 476; I.N. 2014-05-01.

477. No compensation is due by reason of disbursements necessary or useful for the maintenance or preservation of the property.

1991, c. 64, a. 477; I.N. 2014-05-01.

478. Unpaid debts incurred for the benefit of the private property give rise to compensation as if they had already been paid with the acquests.

1991, c. 64, a. 478.

479. Payment with the acquests of any fine imposed by law gives rise to compensation.

1991, c. 64, a. 479.

480. If the statement shows a balance in favour of the mass of acquests, the spouse who holds the patrimony makes a return to that mass for partition, either by taking less, or in value, or with his or her private property.

If the statement shows a balance in favour of the mass of private property, the spouse removes assets from his or her acquests up to the amount owed.

1991, c. 64, a. 480.

481. Once the settlement of compensation has been effected, the net value of the mass of acquests is determined and evenly divided between the spouses. The spouse who holds the patrimony may pay the portion due to the other spouse by paying him or her in money or by giving in payment.

1991, c. 64, a. 481; I.N. 2015-11-01.

482. If the dissolution of the regime results from the death or absence of the spouse who holds the patrimony, the other spouse may require to be given in payment, on condition of payment of any equalizing sum, all at once or by instalments, the family residence and the movable property serving for the use of the household or any other family property to the extent that they were acquests or property forming part of the family patrimony.

If there is no agreement on the payment of the equalizing sum, the court fixes the terms and conditions of guarantee and payment.

1991, c. 64, a. 482; I.N. 2014-05-01; 2016, c. 4, s. 58.

483. If the parties do not agree on the valuation of the property, it is valued by experts designated by the parties or, failing them, the court.

1991, c. 64, a. 483.

484. Before the partition, dissolution of the regime does not prejudice the rights of pre-existing creditors against the whole of their debtor’s patrimony.

After the partition, the pre-existing creditors may only pursue payment of their claims against the debtor spouse. However, if the claims were not taken into account when the partition was made, they may, after discussion of the property of their debtor, pursue the other spouse. Each spouse then retains a remedy against the other for the amounts he or she would have been entitled to if the claims had been paid before the partition.

In no case may the spouse of the debtor spouse be called upon to pay a greater amount than the portion of the acquests he or she received from the latter.

1991, c. 64, a. 484; I.N. 2014-05-01; 2016, c. 4, s. 59.

DIVISION III SEPARATION AS TO PROPERTY

§ 1 . — Conventional separation as to property

485. The regime of conventional separation as to property is established by a simple declaration to this effect in the marriage contract.

1991, c. 64, a. 485.

486. Under the regime of separation as to property, each spouse has the administration, enjoyment and free disposal of all his or her property.

1991, c. 64, a. 486; I.N. 2014-05-01.

487. Property over which the spouses are unable to establish their exclusive right of ownership is presumed to be held by both in undivided co-ownership, one-half by each.

1991, c. 64, a. 487.

§ 2 . — Judicial separation as to property

488. Either spouse may seek separation as to property when the application of the rules of the matrimonial regime proves to be contrary to the interests of that spouse or of the family.

1991, c. 64, a. 488; I.N. 2014-05-01.

489. Separation as to property judicially obtained entails dissolution of the matrimonial regime and puts the spouses in the situation of those who are conventionally separate as to property.

Between spouses, the effects of the separation are retroactive to the day of the application unless the court makes them retroactive to the date on which the spouses ceased sharing a community of life.

1991, c. 64, a. 489; 2016, c. 4, s. 60.

490. Creditors of the spouses may not apply for separation as to property, but may intervene in the action.

They may also institute proceedings against separation as to property pronounced or executed in fraud of their rights.

1991, c. 64, a. 490.

491. Dissolution of the matrimonial regime effected by separation as to property does not give rise to the rights of survivorship, unless otherwise stipulated in the marriage contract.

1991, c. 64, a. 491.

DIVISION IV COMMUNITY REGIMES

492. Where the spouses elect for a community matrimonial regime and it is necessary to supplement the provisions of the agreement, reference shall be made to the rules of partnership of acquests, adapted as required.

Spouses married under the former regime of legal community may invoke the rules of dissolution and liquidation of the regime of partnership of acquests where these are not inconsistent with their matrimonial regime.

1991, c. 64, a. 492; I.N. 2014-05-01.

CHAPTER VI SEPARATION FROM BED AND BOARD

DIVISION I GROUNDS FOR SEPARATION FROM BED AND BOARD

493. Separation from bed and board is granted when the will to share a community of life is gravely undermined.

1991, c. 64, a. 493; 2016, c. 4, s. 61.

494. The will to share a community of life is gravely undermined particularly

(1)  where proof of an accumulation of facts making the continuation of community of life hardly tolerable is adduced by the spouses or either of them;

(2)  where, at the time of the application, the spouses are living apart;

(3)  where either spouse has seriously failed to perform an obligation resulting from the marriage; however, the spouse may not invoke his or her own failure.

1991, c. 64, a. 494; 2016, c. 4, s. 62.

495. If the spouses submit to the approval of the court a draft agreement settling the consequences of their separation from bed and board, they may apply for separation without disclosing the ground.

The court then grants the separation if it is satisfied that the spouses truly consent and that the agreement sufficiently preserves the interests of each of them and of the children.

1991, c. 64, a. 495.

DIVISION II PROCEEDINGS FOR SEPARATION FROM BED AND BOARD

§ 1 . — General provision

496. At all stages of the proceedings for separation from bed and board, it is within the role of the court to counsel the spouses and foster their conciliation, and to see to the interests of the children and the respect of their rights.

1991, c. 64, a. 496; I.N. 2014-05-01.

§ 2 . — Application and proof

497. An application for separation from bed and board may be presented by both spouses or either of them.

1991, c. 64, a. 497.

498. Proof that the continuation of community of life is hardly tolerable may result from the testimony of one party but the court may require additional proof.

1991, c. 64, a. 498; 2016, c. 4, s. 63.

§ 3 . — Provisional measures

499. An application for separation from bed and board releases the spouses from the obligation to share a community of life.

1991, c. 64, a. 499; 2016, c. 4, s. 64.

500. The court may order either spouse to leave the family residence during the proceedings.

It may also authorize either spouse to retain temporarily certain movable property which until that time had served for common use.

1991, c. 64, a. 500.

501. The court may decide as to the custody and education of the children.

It fixes the contribution of each spouse to the maintenance of the children during the proceedings.

1991, c. 64, a. 501; I.N. 2014-05-01.

502. The court may order either spouse to pay support to the other, and a provision to cover the costs of the proceedings.

1991, c. 64, a. 502; 2016, c. 4, s. 65.

503. Provisional measures may be reviewed whenever warranted by any new fact.

1991, c. 64, a. 503.

§ 4 . — Adjournments and reconciliation

504. The court may adjourn the hearing of the application for separation from bed and board if it considers that adjournment can foster the reconciliation of the spouses or avoid serious injury to either spouse or to any of their children.

The court may also adjourn the hearing if it considers that the spouses are able to settle the consequences of their separation from bed and board and to make agreements in that respect which the court will be able to take into account.

1991, c. 64, a. 504; I.N. 2014-05-01.

505. Reconciliation between the spouses occurring after the application is presented terminates the proceedings.

Either spouse may nevertheless present a new application on any ground arising after the reconciliation and, in that case, may invoke the previous grounds in support of the application.

1991, c. 64, a. 505.

506. Resumption of cohabitation for less than 90 days does not by itself create a presumption of reconciliation.

1991, c. 64, a. 506.

DIVISION III EFFECTS BETWEEN SPOUSES OF SEPARATION FROM BED AND BOARD

507. Separation from bed and board releases the spouses from the obligation to share a community of life; it does not break the bond of marriage.

1991, c. 64, a. 507; 2016, c. 4, s. 66.

508. Separation from bed and board carries with it separation as to property, where applicable.

Between spouses, the effects of separation as to property are produced from the day of the application for separation from bed and board, unless the court makes them retroactive to the date on which the spouses ceased sharing a community of life.

1991, c. 64, a. 508; 2016, c. 4, s. 67.

509. Separation from bed and board does not immediately give rise to rights of survivorship, unless otherwise stipulated in the marriage contract.

1991, c. 64, a. 509.

510. Separation from bed and board does not entail the lapse of gifts made to the spouses in consideration of marriage.

However, the court, when granting a separation, may declare the gifts lapsed or reduce them, or order the payment of gifts inter vivos deferred for such time as it may fix, taking the circumstances of the parties into account.

1991, c. 64, a. 510.

511. The court, when granting a separation from bed and board or subsequently, may order either spouse to pay support to the other.

1991, c. 64, a. 511.

512. In any decision relating to the effects of separation from bed and board as regards the spouses, the court takes their circumstances into account; it considers, among other things, their needs and means, the agreements made between them, their age and state of health, their family obligations, their chances of finding employment, their existing and foreseeable patrimonial situation, evaluating both their capital and their income, and, as the case may be, the time needed by the creditor of support to acquire sufficient autonomy.

1991, c. 64, a. 512; I.N. 2014-05-01.

DIVISION IV EFFECTS OF SEPARATION FROM BED AND BOARD ON CHILDREN

513. Separation from bed and board does not deprive the children of the advantages secured to them by law or by the marriage contract.

The rights and duties of the father and mother or of the parents towards their children are unaffected by separation from bed and board.

1991, c. 64, a. 513; 2022, c. 22, s. 79.

514. The court, in granting separation from bed and board or subsequently, decides as to the custody, maintenance and education of the children, in their interest and in the respect of their rights, taking into account , where appropriate, any agreements made between the spouses.

1991, c. 64, a. 514; 2016, c. 4, s. 68.

DIVISION V END OF SEPARATION FROM BED AND BOARD

515. Separation from bed and board is terminated upon the spouses’ voluntarily resuming their community of life.

Separation as to property remains unless the spouses elect another matrimonial regime by marriage contract.

1991, c. 64, a. 515; 2016, c. 4, s. 69.

CHAPTER VII DISSOLUTION OF MARRIAGE

DIVISION I GENERAL PROVISIONS

516. Marriage is dissolved by the death of either spouse or by divorce.

1991, c. 64, a. 516.

517. Divorce is granted in accordance with the Divorce Act of Canada. The rules governing proceedings for separation from bed and board enacted by this Code and the rules of the Code of Civil Procedure (chapter C-25.01) apply to such applications to the extent that they are consistent with the Divorce Act of Canada.

1991, c. 64, a. 517; I.N. 2016-01-01 (NCCP).

DIVISION II EFFECTS OF DIVORCE

518. Divorce carries with it the dissolution of the matrimonial regime.

The effects of the dissolution of the regime, as between the spouses, are retroactive to the date of the application, unless the court makes them retroactive to the date on which the spouses ceased sharing a community of life.

1991, c. 64, a. 518; I.N. 2014-05-01; 2016, c. 4, s. 70.

519. Divorce entails the lapse of gifts mortis causa made by one spouse to the other in consideration of marriage.

1991, c. 64, a. 519.

520. Divorce does not entail the lapse of other gifts mortis causa or gifts inter vivos made to the spouses in consideration of marriage.

The court may, however, when granting a divorce, declare such gifts lapsed or reduce them, or order the payment of gifts inter vivos deferred for such time as it may fix.

1991, c. 64, a. 520.

521. Divorce has the same effects with regard to the children as separation from bed and board.

1991, c. 64, a. 521; I.N. 2014-05-01.

TITLE I.1 CIVIL UNION

2002, c. 6, s. 27.

CHAPTER I FORMATION OF CIVIL UNION

2002, c. 6, s. 27.

521.1. A civil union is a commitment by two persons 18 years of age or over who express their free and enlightened consent to share a community of life and to uphold the rights and obligations that derive from that status.

A civil union may only be contracted between persons who are free from any previous bond of marriage or civil union and who in relation to each other are neither an ascendant or a descendant, nor a brother or a sister.

2002, c. 6, s. 27; 2016, c. 4, s. 71.

521.2. A civil union must be contracted openly before an officiant competent to solemnize marriages and in the presence of two witnesses.

No minister of religion may be compelled to solemnize a civil union to which there is an impediment according to the minister’s religion and the discipline of the religious society to which he or she belongs.

2002, c. 6, s. 27.

521.3. Before proceeding with a civil union, the officiant ascertains the identity of the intended spouses as well as compliance with the conditions for the formation of a civil union and observance of formalities prescribed by law.

The solemnization of a civil union is subject to the same rules, with the necessary modifications, as are applicable to the solemnization of a marriage, including the rules relating to prior publication.

2002, c. 6, s. 27; I.N. 2014-05-01; I.N. 2015-11-01.

521.4. Any interested person may oppose a civil union between persons incapable of contracting a civil union, in particular if, in the person’s opinion, the consent of one of the intended spouses is likely not to be free or enlightened.

A minor may act alone to oppose a civil union.

2002, c. 6, s. 27; 2016, c. 12, s. 15.

521.5. A civil union is proved by an act of civil union, except where another mode of proof is authorized by law.

Possession of the status of civil union spouses compensates for a defect of form in the act of civil union.

2002, c. 6, s. 27.

CHAPTER II CIVIL EFFECTS OF CIVIL UNION

2002, c. 6, s. 27.

521.6. The spouses in a civil union have the same rights and obligations.

They owe each other respect, fidelity, succour and assistance.

They are bound to share a community of life.

The effects of the civil union as regards the direction of the family, the exercise of parental authority, contribution towards expenses, the family residence, the family patrimony and the compensatory allowance are the same as the effects of marriage, with the necessary modifications.

Whatever their civil union regime, the spouses may not derogate from the provisions of this article.

2002, c. 6, s. 27; 2016, c. 4, s. 72.

521.7. A civil union creates a family connection between each spouse and the relatives of his or her spouse.

2002, c. 6, s. 27.

521.8. A civil union regime may be created by and any kind of stipulation may be made in a civil union contract, subject to the imperative provisions of law and public order.

Spouses who, before the solemnization of their civil union, have not so fixed their civil union regime are subject to the regime of partnership of acquests.

Civil union regimes, whether legal or conventional, and civil union contracts are subject to the same rules as are applicable to matrimonial regimes and marriage contracts, with the necessary modifications.

2002, c. 6, s. 27.

521.9. If spouses cannot agree as to the exercise of their rights and the performance of their duties, they or either of them may apply to the court, which will decide in the interest of the family after fostering conciliation of the parties.

2002, c. 6, s. 27; I.N. 2014-05-01.

CHAPTER III NULLITY OF CIVIL UNION

2002, c. 6, s. 27.

521.10. A civil union which is not contracted as prescribed by this Title may be declared null upon the application of any interested person, although the court may decide according to the circumstances.

No action lies after the lapse of three years from the solemnization, except where public order is concerned, in particular if the consent of one of the spouses was not free or enlightened.

2002, c. 6, s. 27; I.N. 2014-05-01; 2016, c. 12, s. 16.

521.11. The nullity of a civil union entails the same effects as the nullity of a marriage.

2002, c. 6, s. 27.

CHAPTER IV DISSOLUTION OF CIVIL UNION

2002, c. 6, s. 27.

521.12. A civil union is dissolved by the death of either spouse. It is also dissolved by a court judgment or by a joint notarial declaration where the spouses’ will to share a community of life is irretrievably undermined.

A civil union is also dissolved by the marriage of the spouses to one another. The sole consequence of the dissolution is the severing of the bond of civil union. The effects of the civil union are maintained and are considered to be effects of the marriage from the date of the civil union, and the civil union regime of the spouses becomes the matrimonial regime, unless they have made changes to it by marriage contract.

2002, c. 6, s. 27; 2004, c. 23, s. 7; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 4, s. 73.

521.13. The spouses may consent, by way of a joint declaration, to the dissolution of the civil union provided they settle all the consequences of the dissolution in an agreement.

The declaration and the agreement must be executed before a notary and recorded in notarial acts en minute.

The notary may not execute the declaration before the agreement is recorded in a notarial transaction contract. The notary must inform the spouses beforehand of the consequences of the dissolution and make sure that they truly consent to the dissolution and that the agreement is not contrary to imperative provisions of law or public order. If he considers it appropriate, the notary may inform the spouses of services of which he is aware that are likely to foster their conciliation.

2002, c. 6, s. 27; I.N. 2015-11-01; 2016, c. 4, s. 74.

521.14. The transaction contract specifies the date on which the net value of the family patrimony is determined. The date may not be earlier than the date of the joint proceeding for the dissolution of the civil union or the date on which the spouses ceased their community of life, or later than the date of the execution of the contract before a notary.

2002, c. 6, s. 27; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 4, s. 75.

521.15. The joint declaration dissolving a civil union states the names and domicile of the spouses, their places and dates of birth and the place and date of solemnization of the union; it also indicates the places and dates of execution of the transaction contract and of the declaration as well as the minute number given to each of those acts.

2002, c. 6, s. 27.

521.16. From the date of their execution before a notary and without further formality, the joint declaration dissolving the civil union and the transaction contract have the effects of a judgment dissolving a civil union.

In addition to being notified to the registrar of civil status, the notarial declaration must be sent to the depositary of the original civil union contract and to the depositary of any contract modifying the civil union regime. The depositary is bound to make a reference to the joint declaration of dissolution on the contract and on any copy issued, specifying the date of the declaration, the minute number and the name and address of the notary who executed the declaration. Such a notation of the reference may be made on the contract or, if applicable, on a copy of it or on a writing attached to the contract or copy, directly or by a reference. The notarial declaration and transaction must also be sent to Retraite Québec.

A notice of the notarial declaration must be entered in the register of personal and movable real rights on the application of the officiating notary.

2002, c. 6, s. 27; I.N. 2014-05-01; I.N. 2015-11-01; 2015, c. 20, s. 61; 2023, c. 23, s. 2.

521.17. In the absence of a joint declaration dissolving the civil union executed before a notary or where the interests of the common children of the spouses are at stake, the dissolution of the union must be pronounced by the court.

The court must ascertain that the spouses’ will to share a community of life is irretrievably undermined, foster conciliation and see to the interests of the children and the respect of their rights. During the proceeding, the court may determine provisional measures, as in the case of separation from bed and board.

Upon or after pronouncing the dissolution, the court may order one of the spouses to pay support to the other and decide as to the custody, maintenance and education of the children, in their interest and the respect of their rights, taking into account, where appropriate, any agreements made between the spouses.

2002, c. 6, s. 27; I.N. 2014-05-01; 2016, c. 4, s. 76.

521.18. The dissolution of a civil union does not deprive the children of the advantages secured to them by law or by the civil union contract.

The rights and duties of parents towards their children are unaffected by the dissolution of the union.

2002, c. 6, s. 27; I.N. 2014-05-01.

521.19. The dissolution of a civil union entails the dissolution of the civil union regime. Between the spouses, the effects of the dissolution of the regime are retroactive to the day of the death, the day of execution of the joint declaration of dissolution before a notary or, if the spouses so stipulated in the notarial transaction, the day on which the net value of the family patrimony is determined. If the dissolution is pronounced by the court, its effects are retroactive to the day of the application to the court, unless the court makes them retroactive to the day on which the spouses ceased sharing a community of life.

Dissolution, otherwise than by death, entails the lapse of gifts mortis causa made by one spouse to the other in consideration of the civil union. It does not entail the lapse of other gifts mortis causa or of gifts inter vivos between the spouses in consideration of the union, except that the court may, upon pronouncing the dissolution, declare such gifts lapsed or reduce them, or order the payment of gifts inter vivos deferred for such time as it may fix.

2002, c. 6, s. 27; I.N. 2015-11-01; 2016, c. 4, s. 77.

TITLE TWO FILIATION

CHAPTER I GENERAL PROVISIONS

1991, c. 64; 2023, c. 13, s. 7.

522. All children whose filiation is established have the same rights and obligations, regardless of their circumstances of birth.

1991, c. 64, a. 522.

522.1. The filiation of a child is proved by his act of birth, regardless of the manner in which filiation is established.

2023, c. 13, s. 8.

CHAPTER II FILIATION BY BIRTH

1991, c. 64, c. I; 2023, c. 13, s. 9.

DIVISION I GENERAL PROVISION

1991, c. 64, Div. I; 2023, c. 13, s. 9.

522.2. All children have a right to the establishment of their filiation in accordance with the conditions provided for in this chapter, without further consideration.

2023, c. 13, s. 9.

DIVISION II FILIATION BY ACKNOWLEDGEMENT OR BY BLOOD

2023, c. 13, s. 9.

523. The filiation of a child is established with regard to the mother or parent by the fact of their having given birth to him and, with regard to the father or other parent, by the acknowledgement of a bond of filiation in the declaration of birth in accordance with the rules prescribed by this Code.

In the absence of such an acknowledgement in the declaration of birth, uninterrupted possession of status is sufficient.

1991, c. 64, a. 523; 2023, c. 13, s. 10.

524. Uninterrupted possession of status is established by an adequate combination of facts which indicate the relationship of filiation between the child and the person who acts toward him as his parent. For possession to be uninterrupted, such conduct must begin at the child’s birth and continue for a minimum period of 24 months, except in exceptional circumstances.

Uninterrupted possession of status may not be established in cases where it is exercised by more than one person simultaneously.

1991, c. 64, a. 524; 2023, c. 13, s. 11.

525. A child born during a marriage, civil union or de facto union or within 300 days after its dissolution or annulment or, in the case of a de facto union, its end, is presumed to have as the other parent the spouse of his mother or of the parent who gave birth to him.

The presumption is rebutted with regard to the former spouse where the child is born within 300 days of the dissolution or annulment of the marriage or civil union or of the end of the de facto union, but after a subsequent marriage, civil union or de facto union of his mother or of the parent who gave birth to him.

The presumption is also rebutted if the child is born more than 300 days after the judgment ordering separation from bed and board of married spouses, unless the spouses have voluntarily resumed their community of life before the birth.

The presumption is rebutted as well if the child is born of an assisted procreation activity carried out after the death of the spouse of his mother or of the parent who gave birth to him.

1991, c. 64, a. 525; 2002, c. 6, s. 28; I.N. 2014-05-01; 2016, c. 4, s. 78; 2022, c. 22, s. 80.

526. (Repealed).

1991, c. 64, a. 526; 2023, c. 13, s. 13.

527. (Repealed).

1991, c. 64, a. 527; 2023, c. 13, s. 13.

528. (Repealed).

1991, c. 64, a. 528; 2023, c. 13, s. 13.

529. (Repealed).

1991, c. 64, a. 529; 2023, c. 13, s. 13.

530. (Repealed).

1991, c. 64, a. 530; I.N. 2014-05-01; 2023, c. 13, s. 13.

531. (Repealed).

1991, c. 64, a. 531; 2023, c. 13, s. 13.

532. (Repealed).

1991, c. 64, a. 532; 2023, c. 13, s. 13.

533. (Repealed).

1991, c. 64, a. 533; 2023, c. 13, s. 13.

534. (Repealed).

1991, c. 64, a. 534; I.N. 2014-05-01; 2023, c. 13, s. 13.

535. (Repealed).

1991, c. 64, a. 535; 2002, c. 6, s. 29; 2022, c. 22, s. 81; 2023, c. 13, s. 13.

535.1. (Repealed).

2002, c. 19, s. 5; 2023, c. 13, s. 13.

535.2. (Repealed).

2022, c. 22, s. 82; 2023, c. 13, s. 13.

536. (Repealed).

1991, c. 64, a. 536; 2023, c. 13, s. 13.

537. (Repealed).

1991, c. 64, a. 537; 2023, c. 13, s. 13.

DIVISION III FILIATION OF CHILDREN BORN OF PROCREATION INVOLVING THE CONTRIBUTION OF A THIRD PERSON

2002, c. 6, s. 30; 2023, c. 13, s. 14.

§ 1 . — Parental project involving the use of a third person’s reproductive material

2023, c. 13, s. 14.

538. A parental project involving the use of the reproductive material of a third person is formed from the moment a person alone or spouses have decided, in order to have a child, to use the reproductive material of a person who is not party to the parental project and who agrees to their material being used for that purpose.

The reproductive material may be provided through assisted procreation activities carried out in a centre for assisted procreation. The material may also be provided through artisanal insemination or sexual intercourse.

The parental project comprises all children born of it and it must not entail their being dissociated.

1991, c. 64, a. 538; 2002, c. 6, s. 30; 2023, c. 13, s. 15.

538.1. The filiation of a child born of a parental project involving the use of the reproductive material of a third person is established with regard to the mother or the parent by the fact of their having given birth to the child.

Filiation is established with regard to the other parent, if applicable, by the acknowledgement of a bond of filiation in the declaration of birth in accordance with the rules prescribed by this Code. In the absence of such an acknowledgement in the declaration of birth, uninterrupted possession of status is sufficient.

Uninterrupted possession of status is established by an adequate combination of facts which indicate the relationship of filiation between the child and the person who acts toward him as his parent. For the possession to be uninterrupted, such conduct must begin at the child’s birth and continue for a minimum period of 24 months, except in exceptional circumstances.

Uninterrupted possession of status may not be established in cases where it is exercised by more than one person simultaneously.

2002, c. 6, s. 30; 2023, c. 13, s. 16.

538.2. A child born of a parental project involving the use of the reproductive material of a third person may not claim filiation with regard to the third person who provided such reproductive material for the purposes of the project. Likewise, that third person may not claim a bond of filiation with regard to the child.

2002, c. 6, s. 30; I.N. 2014-05-01; 2023, c. 13, s. 17.

538.3. A child born of a parental project between spouses involving the use of the reproductive material of a third person and whose birth occurred during the spouses’ union or within 300 days after the dissolution or annulment of their marriage or civil union or the end of their de facto union is presumed to have as the other parent the spouse of his mother or of the parent who gave birth to him.

The presumption is rebutted with regard to the former spouse where the child is born within 300 days of the dissolution or annulment of the marriage or civil union or of the end of the de facto union, but after a subsequent marriage, civil union or de facto union of his mother or of the parent who gave birth to him.

The presumption is also rebutted if the child is born more than 300 days after the judgment ordering separation from bed and board of married spouses, unless the spouses have voluntarily resumed their community of life before the birth.

The presumption is rebutted as well if the child is born of an assisted procreation activity carried out after the death of the spouse of his mother or of the parent who gave birth to him.

2002, c. 6, s. 30; I.N. 2014-05-01; 2016, c. 4, s. 78; 2022, c. 22, s. 83.

539. Where a necessary condition for the validity of the parental project is not met, the filiation of the child is established in accordance with the rules of filiation by acknowledgement or by blood. However, no bond of filiation may be established with regard to the person who agreed to provide their reproductive material as a third person for the purposes of the project or with regard to the person who wanted to form the project but did not give birth to the child.

1991, c. 64, a. 539; 2002, c. 6, s. 30; I.N. 2014-05-01; 2022, c. 22, s. 84; 2023, c. 13, s. 18.

539.1. If both parents are women, the rights and obligations assigned by law to the father, insofar as they differ from the mother’s, are assigned to the mother who did not give birth to the child.

2002, c. 6, s. 30.

540. (Repealed).

1991, c. 64, a. 540; 2002, c. 6, s. 30; I.N. 2015-11-01; 2022, c. 22, s. 85.

541. (Repealed).

1991, c. 64, a. 541; 2002, c. 6, s. 30; 2023, c. 13, s. 19.

§ 2 . — Parental project involving surrogacy

2023, c. 13, s. 20.

I.  — General provisions

2023, c. 13, s. 20.

541.1. A parental project involving surrogacy is formed from the moment a person alone or spouses domiciled in Québec have decided, in order to have a child, to resort to a woman or a person who is not party to the parental project to give birth to the child.

The parental project comprises all children born of it and must not entail their being dissociated.

2023, c. 13, s. 20.

541.2. The person alone or the spouses who have formed the parental project must, prior to the planned pregnancy, enter into a surrogacy agreement with the woman or the person who has agreed to give birth to the child. No other person may be a party to the agreement.

The woman or the person who has agreed to give birth to the child must be 21 years of age or over at the time the agreement is entered into. If the woman or the person is the sister, ascendant or descendant of the person alone or of one of the spouses who formed the parental project, there may be no combining, whatsoever, of the reproductive material of the woman or the person with that of a sibling, ascendant or descendant of the woman or the person.

2023, c. 13, s. 20.

541.3. The contribution made to the parental project by the woman or the person who has agreed to give birth to a child must be gratuitous. However, the woman or person is entitled, in accordance with the standards determined by government regulation, to the reimbursement or payment of certain expenses and to compensation, where applicable, for loss of work income resulting from that contribution. If domiciled outside Québec, the woman or person is also entitled, as provided for by the law of the State of their domicile, to the reimbursement or payment of certain expenses and to compensation for loss of work income.

The person alone or the spouses who formed the parental project may not claim reimbursement of the amounts they paid under the first paragraph for the sole reason that the project was not carried to completion.

2023, c. 13, ss. 20 and 70.

541.4. For the parental project involving surrogacy to be carried to completion, the woman or the person who gave birth to the child shall, after the birth, consent to the filiation of the child being established exclusively with regard to the person alone or both spouses who formed the parental project.

2023, c. 13, s. 20.

541.5. Renunciation by the woman or the person who has agreed to give birth to the child of their right to express, after the child’s birth, their will as to the establishment of the child’s filiation is without effect.

A clause tending to prevent the woman or the person who has agreed to give birth to a child from expressing consent in a free and enlightened manner, after the child’s birth, is without effect. A penal clause intended for the same purpose is also without effect.

2023, c. 13, s. 20.

541.6. The child may not claim filiation with regard to the woman or the person who gave birth to him in the context of a parental project involving surrogacy to which the woman or person contributed. Likewise, the woman or person may not claim a bond of filiation with regard to the child once their consent to the filiation of the child being established exclusively with regard to the person alone or both spouses who formed the parental project has been given or is deemed to have been given.

2023, c. 13, s. 20.

II.  — Children born of a parental project in which the parties to the agreement are domiciled in Québec

2023, c. 13, s. 20.

1.  — General provisions

2023, c. 13, s. 20.

541.7. The person alone or the spouses who formed the parental project and the woman or the person who has agreed to give birth to the child must have been domiciled in Québec for at least one year prior to entering into the surrogacy agreement in order for the rules allowing the legal or judicial establishment of the child’s filiation to apply to the parental project involving surrogacy.

2023, c. 13, ss. 20 and 68.

541.8. Only the woman or the person who has agreed to give birth to a child in the context of a parental project involving surrogacy may, at any time before the child’s birth, unilaterally terminate the surrogacy agreement; the woman or the person must then do so in writing and notify a copy to the person alone or the spouses who formed the parental project. In the latter case, notification given to one of the spouses is deemed to have been given to the other spouse.

Where there is a termination of the pregnancy, the surrogacy agreement is terminated without further formality.

2023, c. 13, s. 20.

541.9. To give consent, the woman or the person who gave birth to the child must expressly consent to their bond of filiation with regard to the child being deemed never to have existed and to the establishment of a bond of filiation with regard to the person alone or both spouses who formed the parental project.

Consent shall be given by notarial act en minute or by a private writing before two witnesses who have no interest in the surrogacy project. In the latter case, the author and the witnesses sign it, indicating the date and place the consent is given. Consent may also be given by a judicial declaration, in the course of proceedings relating to the filiation of the child. Refusal to consent is subject to no formal requirement.

Consent given in a language other than French shall be accompanied by a translation authenticated in Québec.

A government regulation may determine other elements to be covered by the consent as well as the contents of the document in which it is stated.

2023, c. 13, s. 20.

541.10. The amounts reimbursed for certain expenses and, if applicable, paid as compensation for loss of work income to the woman or the person who has agreed to give birth to the child, in consideration of their contribution to a parental project involving surrogacy, are exempt from seizure. However, compensation paid for loss of work income is seizable with regard to a debt of support in accordance with articles 694 and following of the Code of Civil Procedure (chapter C-25.01), with the necessary modifications.

2023, c. 13, s. 20.

2.  — Prior conditions and legal establishment of filiation

2023, c. 13, s. 20.

541.11. Before the beginning of the pregnancy, the woman or the person who has agreed to give birth to the child must meet, without the presence of the person alone or the spouses who formed the parental project, with a professional qualified to inform the woman or the person of the psychosocial implications of the surrogacy project and of the ethical issues it involves. The same applies to the person alone or the spouses who formed the parental project.

At the end of the meeting, the professional gives a signed attestation to each person the professional met with confirming that they attended the meeting.

The professional must be a member of a professional order designated by the Minister of Justice. The latter determines, by regulation, any standard relating to the conduct of the information meeting.

2023, c. 13, s. 20.

See M.O. 2023-5103, 2023-10-19, (2023) 155 G.O. 2, 2702.

541.12. Following the information meeting, the parties to the surrogacy project who wish to pursue it must, by notarial act en minute, enter into a surrogacy agreement.

The agreement is drawn up in French. The parties may be bound only by a version in a language other than French if, after examining the French version, such is their express wish.

The notary shall obtain from each of the parties the attestation received at the information meeting, and shall mention having done so in the agreement.

2023, c. 13, s. 20.

541.13. The surrogacy agreement establishes the nature of the expenses that may be paid or reimbursed to the woman or the person who has agreed to give birth to the child and provides whether the woman or person is entitled to compensation for loss of work income, in accordance with the regulation referred to in article 541.3. The agreement also provides for the deposit, in a trust account of the notary who executes it, of an amount to allow the performance of the obligations of the person alone or the spouses who formed the parental project.

The agreement also contains the information determined by government regulation concerning the profile of the woman or the person who has agreed to give birth to the child and of any other party to the agreement who intends to provide their reproductive material.

A government regulation may provide for any other standard relating to the content of the agreement or to the deposit referred to in the first paragraph, including cases in which such a deposit need not be made.

2023, c. 13, s. 20.

541.14. After his birth, the child is entrusted to the person alone or the spouses who formed the parental project, unless the woman or the person who gave birth to the child objects to it. In the event that the person alone or the spouses are deceased or unable to act, the child is entrusted to the director of youth protection.

Entrusting the child entails, by operation of law, the delegation of the exercise of parental authority and of tutorship to the person alone, the spouses or the director of youth protection, as the case may be.

Where the delegation is evidenced in writing, it shall be evidenced by notarial act en minute or by a private writing drawn up before two witnesses who have no interest in the surrogacy project. In the latter case, the author and the witnesses sign it, indicating the date and place of execution.

2023, c. 13, s. 20.

541.15. The consent of the woman or the person who gave birth to the child must be given within 30 days from the birth of the child, but not before seven days have elapsed since the birth.

2023, c. 13, s. 20.

541.16. If the conditions for the legal establishment of filiation are met, the child’s filiation is deemed established exclusively with regard to the person alone or both spouses who formed the parental project from the child’s birth.

The child’s birth is declared to the registrar of civil status in accordance with the rules prescribed by this Code.

2023, c. 13, s. 20.

541.17. If the woman or the person who gave birth to the child disappears with the child before expressing their will concerning the establishment of the child’s filiation or refuses to have their bond of filiation with regard to the child be deemed never to have existed and to have a bond of filiation be established with regard to the person alone or both spouses who formed the parental project, as the case may be, the filiation of the child is established in accordance with the rules of filiation by acknowledgement or by blood.

However, the presumption with regard to the spouse of the woman or person who gave birth to the child does not apply. Furthermore, no bond of filiation may be established with regard to the person who has agreed to provide their reproductive material as a third person for the purposes of the project.

2023, c. 13, s. 20.

541.18. Where the woman or the person who gave birth to the child dies before expressing their will concerning the establishment of the child’s filiation, their consent is deemed to have been given. Filiation is then deemed established exclusively with regard to the person alone or both spouses who formed the parental project from the child’s birth.

The same applies in cases where the woman or the person became incapable of giving consent before expressing their will, provided the incapacity is certified by a member of a professional order designated by the Minister of Justice. Such certification may be communicated to the person alone or to the spouses who formed the parental project, despite the professional being bound by professional secrecy with regard to the person to whom the certificate pertains. This presumption applies only if 30 days have elapsed since the child’s birth.

The child’s birth is declared to the registrar of civil status in accordance with the rules prescribed by this Code.

2023, c. 13, s. 20.

541.19. Should the person alone or the spouses who formed the parental project, or one of them, die, be unable to act or disappear, the child’s filiation is deemed established exclusively with regard to that person alone or those spouses, subject to the consent of the woman or the person who gave birth to the child.

The child’s birth is declared to the registrar of civil status in accordance with the rules prescribed by this Code.

2023, c. 13, s. 20.

3.  — Judicial establishment of filiation

2023, c. 13, s. 20.

541.20. Where a prior condition for the legal establishment of the child’s filiation is not met, the filiation of the child is established in accordance with the rules of filiation by acknowledgement or by blood. However, the presumption with regard to the spouse of the woman or person who gave birth to the child does not apply. Furthermore, no bond of filiation may be established with regard to the person who has agreed to provide their reproductive material as a third person for the purposes of the parental project.

Only the court is then authorized to change the filiation. An application to that effect must be submitted to the court within 60 days after the birth of the child, except in exceptional circumstances.

2023, c. 13, ss. 20 and 68.

541.21. Where the court is seized of an application to change the child’s filiation, it ascertains that the general conditions relating to the parental project involving surrogacy have been met. It therefore ascertains, in particular, that the woman or the person who gave birth to the child has consented to their bond of filiation with regard to the child being deemed never to have existed and to such a bond being established with regard to the person alone or both spouses who formed the parental project, as the case may be.

If the court finds the parental project to be compliant, it confirms the existence of a parental project involving surrogacy and changes the child’s filiation to establish it with regard to that person or to the spouses. Filiation is then deemed established exclusively with regard to them from the child’s birth.

If the court finds otherwise, it declares the parental project involving surrogacy null and dismisses the application.

2023, c. 13, s. 20.

541.22. Where the child’s filiation is changed with regard to the person alone or the spouses who formed the parental project, the change is made despite their death, their inability to act or their disappearance.

2023, c. 13, s. 20.

541.23. In the event that the woman or the person who gave birth to the child dies before expressing their will concerning the establishment of the child’s filiation, their consent is deemed to have been given.

The same rule applies in the event that the woman or the person who gave birth to the child becomes incapable of giving consent before expressing their will. This presumption applies only if 30 days have elapsed since the child’s birth.

2023, c. 13, s. 20.

541.24. In the event that the woman or the person who gave birth to the child disappears without the child before expressing their will concerning the establishment of the child’s filiation, their consent is presumed to have been given if 30 days have elapsed since the child’s birth.

2023, c. 13, s. 20.

541.25. Where the court is seized of an application related to the filiation of a child born of a parental project involving surrogacy, it rules, if need be, on the fees payable to the advocate or, as the case may be, to the notary representing the woman or the person who gave birth to the child, which are borne by the person alone or by the spouses who formed the parental project, who are solidarily liable for them.

2023, c. 13, s. 20.

III.  — Children born of a parental project in which the woman or the person who gave birth to the child is domiciled outside Québec

2023, c. 13, s. 20.

1.  — Prior conditions

2023, c. 13, s. 20.

541.26. Every parental project involving surrogacy in which the woman or the person who has agreed to give birth to a child is domiciled outside Québec must comply with the general conditions applicable to any parental project involving surrogacy and those prescribed by this subdivision, regardless of the nationality of the person alone or the spouses who formed the project, of whether they have a residence in the State of the domicile of the woman or the person who has agreed to give birth to the child or otherwise have a right to act in a foreign State under the applicable law in that State and regardless of whether the filiation of the child born of such project has been established in a foreign State.

2023, c. 13, s. 20.

Not in force

541.27. The parental project shall, before the process is set in motion, be submitted for prior authorization to the Minister of Health and Social Services by the person alone or the spouses who formed the project.

The authorization is given on condition, in particular, that the person alone or the spouses who formed the parental project provide the attestation received after the information meeting, that the State chosen by the person or the spouses is designated by the Government and that the project meets the other conditions prescribed by law.

The Government may, by regulation, prescribe additional conditions the parental project must meet for the authorization to be obtained.

The Minister notifies the registrar of civil status of every parental project the Minister receives for authorization, whether the project is authorized or not.

2023, c. 13, s. 20.

541.28. The parties to the parental project must have been domiciled in Québec for at least one year prior to entering into the surrogacy agreement.

Where the woman or the person who has agreed to give birth to the child is domiciled outside Canada, the person alone or at least one of the spouses must, in addition, be a Canadian citizen or a permanent resident. If the parental project does not involve a Canadian citizen, the reproductive material provided for the conception of the child who is the subject of the parental project must be the permanent resident’s reproductive material.

The Government may, by regulation, determine other conditions that must be met by the person alone or the spouses who formed such a parental project.

2023, c. 13, ss. 20 and 69.

Not in force

541.29. The person alone or the spouses who formed the parental project must meet with a professional qualified to inform them of the psychosocial implications of such a project and of the ethical issues it involves.

At the end of the meeting, the professional gives a signed attestation to each person the professional met with confirming that they attended the meeting.

The professional must be a member of a professional order designated by the Minister of Justice. The latter determines, by regulation, any standard relating to the conduct of the information meeting.

2023, c. 13, s. 20.

See M.O. 2023-5103, 2023-10-19, (2023) 155 G.O. 2, 2702.

541.30. The consent of the woman or the person who gave birth to the child must be given in express terms, in writing or by a judicial declaration in the course of proceedings relating to the filiation of the child.

Consent given in a language other than French shall be accompanied by a translation authenticated in Québec.

2023, c. 13, s. 20.

Not in force

541.31. The parental project may be carried out only if the woman or the person who has agreed to give birth to the child is domiciled in a foreign State designated by the Government.

The Government may only designate a foreign State where the rules and practices relating to surrogacy are not contrary to public order and respect the interest of the child once born, including the child’s safety and integrity, as well as the safety and integrity of the other persons involved in a surrogacy project. The Government may also take into account any other criteria it considers appropriate.

Such a designation is made on the joint recommendation of the Minister of Justice and the Minister of Health and Social Services as well as, as the case may be, the Minister of International Relations or the Minister responsible for Canadian Intergovernmental Affairs.

2023, c. 13, s. 20.

Not in force

541.32. Once the prior authorization has been obtained, the surrogacy agreement, accompanied by the information concerning the profile of the woman or the person who has agreed to give birth to the child and the documents determined by government regulation, must, before being signed, be submitted to the Minister of Health and Social Services for authorization, according to the terms prescribed by such a regulation.