The Civil Code of Quebec and other Quebec laws and regulations

Under its preliminary provision, the Quebec Civil Code stipulates that in harmony with the Charter of human rights and freedoms and the general principles of law, it:

a) governs persons, relations between persons, and property; and

b) comprises a body of rules which are the foundation of all other [Quebec] laws [with the exception of constitutional provisions].

Here are examples of matters addressed under the Civil Code:

- persons (civil rights, care, privacy, residence, absence and death, civil status, legal persons - i.e. companies, partnerships, etc.);

- the family (marriage, rights and duties of spouses, separation, etc.);

- successions (wills and estates);

- property (ownership, right of way, etc.);

- obligations (contract law, tort and liability);

- prior claims and hypothecs (moveable and immovable securities);

- evidence;

- prescription (statutes of limitations);

- publication of rights (mortgages, etc.);

- private international law.

Quebec civil law is inspired by Roman law (Code of Justinian) and French law (Code Napoléon), in that it consists primarily of legislation, as opposed to common law determined by judges.

After the Battle of the Plains of Abraham in 1759 and the British takeover of New-France, the Royal Proclamation of 1763 imposed English law upon the new colonies.

Then, in 1774, the British parliament’s Quebec Act guaranteed the primacy of civil law for private matters within what is now the Province of Quebec, while establishing the use of English common law for criminal prosecution.

In 1865, the Civil Code of Lower Canada (Code Civil du Bas-Canada) was promulgated in Lower Canada (Quebec), and has since been replaced by the Civil Code of Quebec (Code civil du Québec).

Although Quebec civil law has considerably converged with Canadian common law, Quebec remains a civil law/common law bijuridical jurisdiction, where two legal systems co-exist.

The Civil Code is regularly amended by the Quebec National Assembly (provincial parliament) following interpretation of its articles by law courts, or to keep in step with the demands of modern society, as is also the case for the Quebec Code of Civil Procedure.

Finally, although the Code itself stipulates that it is the foundation of all other laws in Quebec, it also indicates that other laws may complement it or make exceptions to it, while Canadian federal legislation must also be considered, hence the importance of being aware of the fact that other laws may apply to a matter of your concern. In this regard, the Quebec and Canadian governments have made their statutes and regulations available on the Internet - see the Publications du Québec and Canadian Department of Justice web sites containing search engines allowing you to consult those of particular interest to you, such as the following.

Quebec

Acts respecting:

- access to documents held by public bodies and the Protection of personal information;

- administrative justice;

- hours and days of admission to commercial establishments;

- industrial accidents and occupational diseases;

- labor standards;

- the class action;

- the implementation of international trade agreements;

- the implementation of the Agreement on Internal Trade;

- the Inspector General of Financial Institutions;

- the legal publicity of sole proprietorships, partnerships and legal persons;

- the protection of personal information in the private sector;

- the United Nations Convention on Contracts for International Sale of Goods;

Act to foster the development of manpower training;

Act to secure the carrying out of the Entente between France and Québec respecting mutual aid in judicial matters;

Act respecting the implementation of the Agreement on Internal Trade;

Business Concerns Records Act;

Charter of human rights and freedoms;

Charter of the French language;

Code of Civil Procedure;

Companies Act (Business Corporations Act);

Consumer Protection Act;

Deposit Act;

Environment Quality Act;

Interpretation Act;

Jurors Act;

Labor Code;

Pay Equity Act;

Special Corporate Powers Act;

Winding-up Act.

Canada

Access to Information Act;

Agreement on Internal Trade Implementation Act;

Bank Act;

Bankruptcy and Insolvency Act;

Bills of Exchange Act;

Bills of Lading Act;

Canada Business Corporations Act;

Canada-United Kingdom Civil and Commercial Judgments Convention Act;

Canadian Charter of Rights and Freedoms;

Commercial Arbitration Act;

Companies' Creditors Arrangement Act;

Competition Act;

Consumer Packaging and Labeling Act;

Corporations Returns Act;

Criminal Code;

Employment Equity Act;

Employment Insurance Act;

Export Act;

Fair Wages and Hours of Labor Act;

Free Trade Agreements Implementation Acts;

Hazardous Products Act;

Interest Act;

International Sale of Goods Contracts Convention Act;

Personal Information Protection and Electronic Documents Act;

Privacy Act;

Trade-marks Act;

Winding-up and Restructuring Act;

World Trade Organization Agreement Implementation Act.

Also see the "Links" section to access other online resources on Quebec law and the Quebec legal system.

Searching for Quebec lawyers? See here.

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Pierre Marcel Normandeau

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