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| Civil Code of Quebec | |
|---|---|
 | |
| National Assembly of Quebec | |
| Citation | CQLR c. CCQ-1991 |
| Royal assent | 8 December 1991 |
| Commenced | 1 January 1994 |
| Legislative history | |
| Bill citation | Bill 125 (34th Legislature, 1st session) |
| Introduced by | Gil Rémillard,Minister of Justice |
| First reading | 18 December 1990 |
| Second reading | 4 June 1991 |
| Third reading | 8 December 1991 |
| Repeals | |
| Civil Code of Lower Canada | |
| Related legislation | |
| An Act respecting the implementation of the reform of the Civil Code (SQ 1992, c. 57) | |
TheCivil Code of Quebec (CCQ;French:Code civil du Québec,pronounced[kɔdsivildykebɛk]) is thecivil code in force in the Canadian province ofQuebec, which came into effect on January 1, 1994. It replaced theCivil Code of Lower Canada (French:Code civil du Bas-Canada) enacted by theLegislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866.
TheCivil Code of Quebec governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law.
The Code's scope is summarized in its preliminary provision:
TheCivil Code of Québec, in harmony with theCharter of human rights and freedoms (chapter C-12) and the general principles of law, governs persons, relations between persons, and property.TheCivil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down thejus commune, expressly or by implication. In these matters, theCode is the foundation of all other laws, although other laws may complement the Code or make exceptions to it.
The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth thejus commune, or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as the foundation of all other adjacent laws, although other laws may supplement the Code or make exceptions to it.
As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society.
TheCivil Code of Quebec comprises over 3,000 articles and is structured into major divisions and subdivisions called books, titles, chapters and subsections. The Code is made up of ten books:
Articles of the code are numbered in sequential order (1, 2, 3...) across all books, going up to Article 3168. Articles inserted in-between are numbered with a decimal (1, 1.1, 2, 3...). Articles with multiple paragraphs do not have the paragraphs individually numbered.
TheCode restatement of the civil law in Quebec as of the date of its adoption, including judicial interpretation of codal provisions, that included several significant changes from the former Code:
The substantive law of the 1866Civil Code of Lower Canada was derived primarily from the judicial interpretations of the law that had been in force to that date in Lower Canada. The work of the Commission oncodification was also inspired by some of the modernizations found in the 1804Napoleonic Code. At the time ofCanadian Confederation, the Civil Code of Lower Canada replaced most of the laws inherited from theCustom of Paris and incorporated some English law as it had been applied in Lower Canada such as the English law oftrusts. The former Civil Code was also inspired by theLouisiana Civil Code, theField Code movement inNew York, and the Civil Code of theCanton of Vaud (1819).
In 1955, the Government of Quebec embarked on a reform of the Civil Code.[10] The Civil Code Revision Office was established, headed byThibaudeau Rinfret, a formerChief Justice of Canada.[11] In 1960, the role of the Office was expanded to include the appointment of four codifiers to work on a definitive draft for the new Code.[12]
In 1961, Rinfret stepped down from the Office, and was replaced byAndré Nadeau who served until his appointment to theSuperior Court of Quebec in 1964.[11]Paul-André Crépeau was subsequently appointed to head the Office, where he served until 1977.[11]
The reform process that led to the replacement of theCivil Code of Lower Canada by theCivil Code of Quebec was one of the largest legislative recodification undertakings in anycivil lawjurisdiction. The Office produced reports, held consultations, and presented a Draft Civil Code with commentaries to the Quebec National Assembly on 15 August 1977.[13] After further consultations during the 1980s, portions of the Book on the Law of the Family were adopted.[14][15] The consultation process continued through to the early 1990s.
The bill to enact the new Code was introduced into theNational Assembly of Quebec on 18 December 1990 byGil Rémillard, who was then Quebec'sMinister of Justice. It receivedroyal assent on 8 December 1991. It did not come into force until 1 January 1994, as the necessary legislation to provide transitional rules determining what matters would be subject to the new Code was not passed until 1992.[16]
TheGovernment of Canada has been undertaking a review of all federal laws that deal with private law to ensure that they take into consideration the terminology, concepts and institutions of Quebec civil law.[17] In that regard, the following Acts have been passed:
As part of the first Harmonization Act, theFederal Law and Civil Law of the Province of Quebec Act was passed, which came into effect on 1 June 2001,[22] which:
It is estimated that, as of 2011, the federal harmonization project was 46% complete.[23]