TITLE I INTRODUCTORY PROVISIONS

1. Notwithstanding any contrary provision of any general law or special Act, imprisonment in civil matters is abolished, except in cases of contempt of court.

1965 (1st sess.), c.

2. The rules of procedure in this Code are intended to render effective the substantive law and to ensure that it is carried out; and failing a provision to the contrary, failure to observe the rules which are not of public order can only affect a proceeding if the defect has not been remedied when it was possible to do so. The provisions of this Code must be interpreted the one by the other, and, so far as possible, in such a way as to facilitate rather than to delay or to end prematurely the normal advancement of cases.

1965 (1st sess.), c. 80, a. 2.

3. In the case of a difference between the French and English texts of any provision of this Code, the text most consistent with the former law must prevail, unless the provision changes the former law, in which case the text most consistent with the intention of the article in accordance with the ordinary rules of legal interpretation shall prevail.

1965 (1st sess.), c. 80, a. 3.

4. In this Code,

(a) “affidavit” means a written statement supported by the oath of the deponent, received and attested by any person authorized for that purpose by law;

(b) “case ready for judgment” means a case in which the trial has been completed and which has been taken under advisement;

(c) “office of the court” means a secretariat comprising the administrative services of one or more courts, whose main functions are the management of the issue of court orders and the preservation of court records;

(d) “clerk” means a public servant of the Ministère de la Justice working in the office of a court and appointed for that purpose according to law, or any other person appointed to act in that capacity at the court to which the provision is applicable;

(e) “special clerk” means the clerk or the assistant clerk appointed by order of the Minister of Justice, with the consent of the chief justice or chief judge of the court, to exercise in that court, in addition to his other functions, the attributions attached to such capacity;

(f) “judge” means according to the context, a judge acting in chambers or presiding in a courtroom;

(g) “trial judge” means the judge presiding at the hearing of a case;

(h) “chief justice” or “chief judge” means the chief justice or judge, the senior associate chief justice or judge or the associate chief justice or judge;

(i) “oath” means a solemn affirmation by a person of the accuracy of a fact or the veracity of his testimony;

(j) “court” means one of the courts of justice enumerated in article 22 or a judge presiding in a courtroom.

Moreover, the meaning of the word “court” used in the Civil Code or in a special Act is determined by this Code or where the case arises, the Act itself where it contains its own definition thereof. It may designate, as the case may be, the competent jurisdiction in civil matters, a judge presiding in a courtroom or acting in chambers, or a clerk.

1965 (1st sess.), c. 80, a. 4; 1975, c. 83, s. 1; 1977, c. 73, s. 1; 1979, c. 37, s. 1; 1983, c. 54, s. 14; 1986, c. 95, s. 61; 1989, c. 54, s. 130; 1992, c. 57, s. 171; 1997, c. 42, s. 1.

4.1. Subject to the rules of procedure and the time limits prescribed by this Code, the parties to a proceeding have control of their case and must refrain from acting with the intent of causing prejudice to another person or behaving in an excessive or unreasonable manner, contrary to the requirements of good faith.

The court sees to the orderly progress of the proceeding and intervenes to ensure proper management of the case.

2002, c. 7, s. 1.

4.2. In any proceeding, the parties must ensure that the proceedings they choose are proportionate, in terms of the costs and time required, to the nature and ultimate purpose of the action or application and to the complexity of the dispute; the same applies to proceedings authorized or ordered by the judge.

2002, c. 7, s. 1.

4.3. The courts and judges may attempt to reconcile the parties, if they consent, in any matter except a matter relating to personal status or capacity or involving public policy issues. In family matters or matters involving small claims, it is the judge\'s duty to attempt to reconcile the parties.

2002, c. 7, s. 1.

5. No judicial demand can be adjudicated upon unless the party against whom it is made has been heard or duly summoned.

1965 (1st sess.), c. 80, a. 5.

6. The following are non-juridical days:

(a) Sundays;

(b) 1 and 2 January;

(c) Good Friday;

(d) Easter Monday;

(e) 24 June, the National Holiday;

(f) 1 July, the anniversary of Confederation, or 2 July when 1 July is a Sunday;

(g) The first Monday of September, Labour Day;

(g.1) The second Monday of October;

(h) 25 and 26 December;

(i) The day fixed by proclamation of the Governor-General for the celebration of the birthday of the Sovereign;

(j) Any other day fixed by proclamation or order of the Government as a public holiday or as a day of thanksgiving.

1965 (1st sess.), c. 80, a. 6; 1978, c. 5, s. 11; 1979, c. 37, s. 2; 1984, c. 46, s. 4.

7. If the date fixed for doing anything falls on a non-juridical day, such thing may validly be done on the next following juridical day.

1965 (1st sess.), c. 80, a. 7.

8. In computing any time limit fixed by this Code or any of its provisions, including the time limits for appeal:

(1) the day which marks the start of the time limit is not counted, but the terminal day is counted;

(2) non-juridical days are counted; but when the last day is a non-juridical day, the time limit is extended to the next following juridical day;

(3) Saturday is considered a non-juridical day.

1965 (1st sess.), c. 80, a. 8; 1979, c. 37, s. 3; 1999, c. 40, s. 56.

9. A judge may, upon such conditions as he considers just, extend any time limit which is not peremptory or relieve a party from the consequences of his failure to respect such time limit.

In first instance, the parties may, in establishing the proceeding timetable, agree on time limits other than those prescribed by this Code, unless they are peremptory.

1965 (1st sess.), c. 80, a. 9; 1999, c. 40, s. 56; 2002, c. 7, s. 2.

10. The place, time and duration of the terms and sittings of the courts are determined in accordance with the provisions of the Courts of Justice Act (chapter T-16).

The court may shorten or extend a term or adjourn it to a later date.

In the absence of the judge who should preside over the court, the clerk may adjourn the court to another day of the term or to any later date indicated by the judge.

1965 (1st sess.), c. 80, a. 10; 1992, c. 57, s. 420.

11. The courts cannot sit on non-juridical days.

1965 (1st sess.), c. 80, a. 11.

12. The courts of first instance are not obliged to sit between 30 June and 1 September, or between 23 December and 7 January, except as regards the following matters:

(a) actions arising from relations between lessor and lessee, and employer and employee;

(b) the matters governed by Titles I, IV, V and VI of Book V;

(c) applications relating to the integrity of the person;

(d) writs of habeas corpus and demands provided for in article 846;

(e) (paragraph repealed);

(f) proceedings respecting the guardianship of property under seizure or the distribution of moneys following execution;

(g) expropriation proceedings;

(h) cases in which the defendant is in default to appear or to plead;

(i) inscriptions for judgment upon acquiescence in a demand, upon discontinuance or by agreement between the parties;

(j) incidental proceedings;

(k) the matters governed by Book VI of this Code;

(l) those which must be heard and decided by preference under a provision of law or a decision of the chief justice or a judge designated by him for such purpose.

1965 (1st sess.), c. 80, a. 12; 1966, c. 21, s. 2; 1982, c. 17, s. 1; 1992, c. 57, s. 172.

13. The sittings of the courts are public wherever they may be held, but the court may order that they be held in camera in the interests of good morals or public order.

However, in family matters, sittings in first instance are held in camera, unless the court, upon application, orders that, in the interests of justice, a sitting be public. Any journalist who proves his capacity is admitted to sittings held in camera, without further formality, unless the court considers his presence detrimental to a person whose interests may be affected by the proceedings. This paragraph applies notwithstanding section 23 of the Charter of human rights and freedoms (chapter C-12).

The rules of practice may determine the conditions and modalities relating to sittings in camera in respect of advocates and articled students within the meaning of the Act respecting the Barreau du Quebec (chapter B-1).

1965 (1st sess.), c. 80, a. 13; 1975, c. 83, s. 2; 1982, c. 17, s. 2; 1984, c. 26, s. 1; 1993, c. 30, s. 1.

14. Persons present at sittings of the courts must maintain a respectful attitude, remain silent and refrain from showing their approval or disapproval of the proceedings.

This provision must be observed wherever the judge carries out his official functions.

1965 (1st sess.), c. 80, a. 14.

15. Any person who contravenes article 14, or who does not obey at once the orders of the judge or the officers under his authority, is guilty of contempt of court.

If the offender is an officer of justice, the court may suspend him from his functions.

1965 (1st sess.), c. 80, a. 15; 1975, c. 83, s. 3; 1995, c. 41, s. 17.

16. The judge may require an oath whenever it is deemed necessary.

1965 (1st sess.), c. 80, a. 16.

17. When an oath is required, it is taken before the judge, the clerk or any other person authorized by law to administer it.

1965 (1st sess.), c. 80, a. 17; 1992, c. 57, s. 420.

18. (Repealed).

1965 (1st sess.), c. 80, a. 18; 1986, c. 95, s. 62; 1992, c. 57, s. 173.

19. The court has the same powers as the judge in matters within the jurisdiction of the latter.

1965 (1st sess.), c. 80, a. 19.

20. Whenever this Code contains no provision for exercising any right, any proceeding may be adopted which is not inconsistent with this Code or with some other provision of law.

1965 (1st sess.), c. 80, a. 20.

20.1. Where a law or regulation provides for the use of the mails, the Government may, if postal services are interrupted, authorize the use of another means of communication, according to such terms and conditions as it may determine.

1979, c. 37, s. 4.

21. (Repealed).

1965 (1st sess.), c. 80, a. 21; 1992, c. 57, s. 174.

21.1. (Repealed).

1989, c. 62, s. 2; 1992, c. 57, s. 174.