C-25, r. 4 - Regulation of the Court of Québec

Updated to 1 September 2012

This document has official status.

chapter C-25, r. 4

Regulation of the Court of Québec

Code of Civil Procedure

(chapter C-25, art. 47).

Code of Penal Procedure

(chapter C-25.1, art. 368).

Act respecting the Régie du logement

(chapter R-8.1, s. 107).

Courts of Justice Act

(chapter T-16, s. 146).

Criminal Code

(R.S.C. 1985, c. C-46, s. 482(2)).

Generalities

Provisions of this Regulation which are incompatible with the amendments made to the Code of Civil Procedure (chapter C-25) by the Act to reform the Code of Civil Procedure (2002, chapter 7) shall only apply to applications made prior to 1 January 2003.

CHAPTER I PROVISIONS APPLICABLE TO ALL DIVISIONS OF THE COURT

DIVISION I OFFICE OF THE COURT, REGISTERS AND FILES

1. The registers, indexes and files required for the purposes of the Code of Civil Procedure (chapter C-25), the Criminal Code (R.S.C. 1985, c. C-46) and the Code of Penal Procedure (chapter C-25.1), and those imposed by special Acts, shall be held in the office of the court in accordance with the directives of the chief judge.

The registers, indexes and files required for the purposes of the Youth Protection Act (chapter P-34.1) and the provisions on adoption contained in the Civil Code shall be held in the office of the court in accordance with the directives of the chief judge and in the manner set out in Schedule I.

O.C. 673-2003, s. 1.

2. The office of the court is open on juridical days from Monday to Friday, 8:30 a.m. to 4:30 p.m., and any other day on which a criminal court sits.

O.C. 673-2003, s. 2.

3. Any person may have access to the records, registers and files of the court during the business hours of the office of the court.

O.C. 673-2003, s. 3.

4. The rules governing the consultation of records and their withdrawal from the office of the court are set out in provisions that are specific to each division of the court and stipulated in this Regulation.

O.C. 673-2003, s. 4.

DIVISION II ORDER, DRESS CODE AND DECORUM DURING COURT HEARINGS

5. Court hearings begin at 9:30 a.m. and at 2:00 p.m., unless otherwise indicated by the judge presiding over the hearing.

O.C. 673-2003, s. 5.

6. In the Civil Division, for cases contested on the merits and in the Small Claims Division, in the Criminal and Penal Division for all proof and hearings, and at all times in the Youth Division, the judge shall wear a robe.

For these cases, no attorney shall be authorized to address the court unless wearing either a black robe, long-sleeved black vest and dark trousers with a white shirt, collar and bands, or a black robe, closed in front, with a raised neck opening, long sleeves and white bands.

In lieu of the foregoing, female attorneys may wear a black robe and white bands with a black long-sleeved dress, or a dark skirt or trousers and a white long-sleeved blouse.

O.C. 673-2003, s. 6.

7. In the Civil Division, for cases contested on the merits, in the Criminal and Penal Division for all proof and hearings, and at all times in the Youth Division, no articled student shall be authorized to address the court unless wearing either a black robe, with a dark suit, white shirt and dark tie, or a black robe closed in front with a raised neck opening and long sleeves.

In lieu of the foregoing, a female articled student may wear a black robe with a dark skirt or trousers and a white long-sleeved blouse or dark clothing.

O.C. 673-2003, s. 7.

8. In matters where the robe is not required to be worn, attorneys and articled students shall wear dark trousers, vest, shirt and tie, and female attorneys and articled students shall wear a dark skirt or trousers with a blouse and vest or a dark dress.

O.C. 673-2003, s. 8.

9. During the hearings of the court, the clerks, court bailiffs and other officers of the court shall at all times wear one of the attires described in section 7.

O.C. 673-2003, s. 9.

10. The persons present at the hearing shall rise when the judge enters the room and remain standing until the judge is seated.

O.C. 673-2003, s. 10.

11. At the time the hearing opens, the court bailiff or clerk shall say aloud: “Silence. Please rise. The Court of Québec, presided over by the Honourable … is now in session”.

Once the judge is seated, the court bailiff or clerk shall ask those present to be seated.

When the judge leaves his seat, the court bailiff or clerk shall ask those present to rise, and no one shall leave their seat until the judge has left the room.

O.C. 673-2003, s. 11.

12. Anything that interferes with the decorum and good order of the court is prohibited.

The following, among other things, is prohibited: reading of newspapers, practice of photography or cinematography, making of audio or video recordings, radio broadcasting, television broadcasting, and the use of pagers and cellular telephones in a resonant mode.

Except in the Youth Division, audio recordings made by the media of the arguments and decision are authorized unless the judge decides otherwise; however, the broadcasting of such recordings is prohibited.

O.C. 673-2003, s. 12.

13. Any person appearing before the court must be suitably dressed.

O.C. 673-2003, s. 13.

14. Any person who addresses the court or a witness must, unless the judge permits otherwise, rise and remain standing.

O.C. 673-2003, s. 14.

15. During the hearing, no person shall enter into discussion with anyone else, address the clerk or consult a record, unless the judge permits otherwise.

O.C. 673-2003, s. 15.

16. In the Criminal and Penal Division, the accused must remain in the prisoners’ dock throughout the proof or trial unless the judge permits otherwise. The accused shall rise and remain standing during the reading of the accusation and the pronouncement of the judgment or the sentence.

O.C. 673-2003, s. 16.

DIVISION III SECURITY IN THE COURTROOMS

17. During the hearing, the security of the persons present and the responsibility for the persons for whom detention has been ordered are ensured by a security officer or a constable, according to the terms and conditions agreed upon with the Ministère de la Sécurité publique.

O.C. 673-2003, s. 17.

CHAPTER II PROVISIONS APPLICABLE TO THE CIVIL DIVISION

DIVISION I CONSULTATION AND WITHDRAWAL OF A RECORD OR EXHIBIT

18. A record or exhibit may be consulted only in the presence of the clerk or a person designated by him.

A record may be withdrawn from the office of the court only at the request or with the authorization of the judge or the clerk.

O.C. 673-2003, s. 18.

19. A medical record and an expert opinion prepared by a physician, a psychologist or a social worker and filed in the record shall be kept in a sealed envelope and no one, except the parties or their attorneys, shall be allowed access without the permission of the court or a judge. Access to such documents includes the right to make copies thereof at the party’s expense.

O.C. 673-2003, s. 19.

DIVISION II PLEADINGS AND EXHIBITS

20. All pleadings must be legibly written on one side of a sheet measuring 21.5 × 35.5 cm. The reverse side of the sheet must indicate the nature and subject of the pleading, the amount in dispute, the record number and the names of the parties, as well as the name, address, postal code, telephone number, fax number and computer code of the attorney of the party filing the pleading.

In the event that the party is representing himself, the attorney’s computer code and fax number are not required.

O.C. 673-2003, s. 20.

21. All pleadings filed by a party shall be signed by his attorney. In the event that this party is not represented by an attorney, his pleadings shall be signed by himself.

O.C. 673-2003, s. 21.

22. In all pleadings, the parties shall retain the same order and designation as in the procedure which instituted the proceedings.

O.C. 673-2003, s. 22.

23. In proceedings pending on 1 January 2003, all pleadings pertaining to the simplified procedure as well as the reverse side of such pleadings shall bear the heading “SIMPLIFIED PROCEDURE” above “Court of Québec”.

O.C. 673-2003, s. 23.

24. Where a list of exhibits is submitted, that list shall enumerate and identify the exhibits to which it refers.

Each of these exhibits shall bear a number preceded by an identifying letter attributed to each party.

O.C. 673-2003, s. 24.

25. The record number and the classification code shall appear on the front of the exhibit, and on the reverse side where applicable.

O.C. 673-2003, s. 25.

26. The clerk who receives a pleading shall number it and mark upon it the date and time it was received, and record it in the plumitif.

O.C. 673-2003, s. 26.

27. When the record is forwarded to the court or the judge, an updated statement of the plumitif shall be filed therein and all prior statements destroyed.

O.C. 673-2003, s. 27.

28. Where a change is made to a pleading, all additions or substitutions must be underlined or indicated in the margin with a vertical stroke, and all deletions must be indicated with a dotted line between brackets.

O.C. 673-2003, s. 28.

29. Where it has been ordered that changes are to be made to a pleading, a new pleading incorporating said changes as provided in section 28 shall be filed in the record within the prescribed time.

O.C. 673-2003, s. 29.

DIVISION III PLEADINGS PRESENTED TO THE PRACTICE DIVISION AND THOSE TO BE PRESENTED TO THE JUDGE ACTING IN CHAMBERS

30. All pleadings presented to the Practice Division or before a judge acting in chambers shall indicate the title, both on the reverse side and on the frontispiece, as well as the reference to the legislative or regulatory provision on which it is based.

O.C. 673-2003, s. 30.

31. A pleading intended for the Practice Division must be submitted to the office of the court one clear juridical day before the date of its presentation.

The notice of presentation must mention the time at which the pleading will be presented.

In cases of emergency, the judge may shorten this delay.

O.C. 673-2003, s. 31.

32. The motion to quash a seizure before judgment and the motion to quash an order rendered under article 2767 of the Civil Code because of the falsity of the allegations of the affidavit shall indicate those allegations that are being contested and set out the grounds for the contestation.

O.C. 673-2003, s. 32.

DIVISION IV INSCRIPTION FOR JUDGMENT BY DEFAULT

33. An inscription for judgment by default to appear or to plead shall indicate the nature of the case and the amount in question.

O.C. 673-2003, s. 33.

DIVISION V SPECIAL MOTIONS

Motion to schedule a case by preference

34. All applications to schedule a case by preference must be made in the form of a written motion giving the reasons in support thereof, and must be presented to the judge designated for such purpose.

Such applications may be made for cases due to their complexity, the number of witnesses, or any other exceptional circumstance.

O.C. 673-2003, s. 34.

Motion for recusation

35. In proceedings pending on 1 January 2003, the motion contemplated by article 238 of the Code of Civil Procedure (chapter C-25) shall be presented to the coordinating judge or the judge designated by him.

O.C. 673-2003, s. 35.

Motion for adjournment

36. No case set for proof and hearing shall be adjourned solely by the consent of the parties.

O.C. 673-2003, s. 36.

37. All motions for adjournment of a case set for proof and hearing shall be presented to a judge in writing, with the reasons in support thereof, at least 8 days before the date set for the hearing.

O.C. 673-2003, s. 37.

38. Notwithstanding the time limit provided for in section 37, if the reasons for the adjournment are known less than 8 days before the date set for the hearing, the coordinating judge, the associate coordinating judge or a judge designated by one of the former may receive an oral motion for adjournment, and make a decision in the best interests of justice.

Such motions may also be presented to the trial judge.

O.C. 673-2003, s. 38.

Motion for proof and hearing of a case in another district

39. A motion for proof and hearing of a case in another district shall be presented at the place where the proceedings were instituted and heard by the judge designated for this purpose.

O.C. 673-2003, s. 39.

Judicial district of Montréal

40. In the judicial district of Montréal, the motions provided for in this Division shall be presented to the associate coordinating judge or the designated judge on Thursdays at 2:15 p.m. in room 13.09 of the Courthouse of Montréal, subject to the power of the coordinating judge or the designated judge to decide otherwise.

These motions shall be filed with the office of the court not later than the day before the date set for the hearing.

O.C. 673-2003, s. 40.

DIVISION VI INSCRIPTION FOR PROOF AND HEARING OF CONTESTED CASES

41. The inscription form is filed together with a declaration containing the following information:

(1)  the names and addresses of the parties and, if they are represented by counsel, the names and addresses of their attorneys;

(2)  a list of the exhibits communicated to the other parties;

(3)  the expected length of the hearing; and

(4)  a list of witnesses, except where there is reasonable cause not to disclose their names.

The inscription and the declaration must be notified to the other parties. Within 30 days of inscription, each of the other parties must file a declaration containing the same information and notify it to the other parties.

O.C. 673-2003, s. 41.

42. Following the filing of the inscription, the attorneys shall:

(1)  immediately notify the clerk of any proceeding which could modify the status of the record;

(2)  notify the court as soon as any out-of-court settlement is reached and file the declaration recording that settlement in the record.

O.C. 673-2003, s. 42.

DIVISION VII SENDING OF THE ROLL FOR PROOF AND HEARING

43. The sending to the attorneys, by the clerk, of the abstract of the roll concerning them constitutes the notice to the attorneys required by article 278 of the Code of Civil Procedure (chapter C-25).

O.C. 673-2003, s. 43.

44. In proceedings pending on 1 January 2003, receipt of the abstract referred to in section 43 constitutes for the parties an express requirement, for the purposes of the second paragraph of article 331.7 of the Code of Civil Procedure (chapter C-25) (as it read before 1 January 2003), to file the exhibits and examinations on discovery at the office of the court within 15 days.

O.C. 673-2003, s. 44.

DIVISION VIII AUDIO OR STENOGRAPHIC RECORDING

45. The clerk shall make an audio recording of the arguments and addresses.

O.C. 673-2003, s. 45.

46. When the services of a stenographer are required, he shall proceed to the courtroom at the time the hearing begins and remain there until such time as he is released by the judge.

O.C. 673-2003, s. 46.

47. The stenographer shall record the arguments during the hearing. He shall also record the addresses, unless he is exempted from doing so by the judge or the parties’ attorneys.

O.C. 673-2003, s. 47.

48. Any person may obtain from the clerk, upon payment of a fee, a copy of the audio recording of the hearing.

O.C. 673-2003, s. 48.

DIVISION IX MINUTES OF THE HEARING

49. The clerk shall draw up the minutes of the hearing, in which he shall enter:

(1)  the record number;

(2)  the identification number of the tape reel, where applicable;

(3)  the names of the parties in the case;

(4)  the presence or absence of any party;

(5)  the names of the attorneys, their computer codes and the parties they are representing;

(6)  the name of the judge presiding over the hearing;

(7)  the names of the clerk and the stenographer, where applicable;

(8)  the date and time of the beginning and the end of the hearing and, where applicable, the tape position numbers;

(9)  the nature of the case and the amount of the claim, where applicable;

(10)  the name, age and address of each witness, as well as the name of the party calling them to testify;

(11)  the code and the description of all the exhibits filed;

(12)  the conclusions of any judgment, order or measure rendered at the hearing by the judge;

(13)  the grounds for any decision pertaining to a motion for adjournment;

(14)  the different stages of the proceedings, indicating the time and, where applicable, the tape position numbers.

O.C. 673-2003, s. 49.

DIVISION X ORAL OR WRITTEN ADDRESSES

50. A party who relies on a judgment or legal doctrine shall provide a copy thereof to the judge and the parties, indicate the relevant pages and mark the passages quoted.

O.C. 673-2003, s. 50.

51. A party who relies on regulatory or legislative provisions other than those of the Civil Code or the Code of Civil Procedure (chapter C-25) shall provide a copy thereof to the judge and the parties.

O.C. 673-2003, s. 51.

DIVISION XI JUDGMENTS AND ADVISEMENTS

52. Before submitting a record to the judge for purposes of advisement, the clerk shall ensure that it is complete. If the record is incomplete, the clerk must notify the attorneys of this fact so that they may take the necessary action to complete it.

O.C. 673-2003, s. 52.

53. No case shall be taken under advisement until the record has been duly completed, unless the judge decides otherwise.

O.C. 673-2003, s. 53.

54. Where the proof heard out of court under article 196 of the Code of Civil Procedure (chapter C-25) has been filed in the record, the clerk must, if he does not have the authority to render a judgment and the court does not sit in the district, transmit the record to the judge who authorized the proof to be heard out of court.

O.C. 673-2003, s. 54.

55. A judgment that is written and signed on a pleading presented to the judge does not need to be written and signed again separately. An authentic copy thereof may be issued by the clerk.

O.C. 673-2003, s. 55.

56. Should the parties fail to complete the proof or the record within the time fixed by the judge during the hearing of a case whether it is being contested or not, the judge may remove himself from the record or render a judgment in accordance with the record as it is constituted or render any other order he considers appropriate.

O.C. 673-2003, s. 56.

DIVISION XII PROVISIONS APPLICABLE TO CASES APPEALED FROM BEFORE THE COURT OF QUÉBEC

57. This Division applies to cases appealed from before the Court of Québec, except for appeals that lie from decisions of the Régie du logement.

O.C. 673-2003, s. 57.

58. Within 60 days following the filing of the proceeding which institutes the appeal or the judgment authorizing the appeal, the coordinating judge, the associate coordinating judge or the judge designated for this purpose shall contact or summon the parties and, after having heard the representations of the parties or their attorneys:

(1)  decide upon the appropriate means to simplify the proceeding and shorten the hearing, including the advisability of admitting some fact or document and supplying the list of authorities the parties intend to submit;

(2)  establish, where applicable, a schedule for the filing of the factums;

(3)  set the date of the hearing.

O.C. 673-2003, s. 58.

DIVISION XIII PROVISIONS APPLICABLE TO APPEALS THAT LIE FROM DECISIONS OF THE RÉGIE DU LOGEMENT

59. This Division applies to the appeals provided for in sections 91 to 107 of the Act respecting the Régie du logement (chapter R-8.1).

O.C. 673-2003, s. 59.

60. Any pleading, except for those provided for in Book IV of the Code of Civil Procedure (chapter C-25), pertaining to an appeal, shall be served in the manner provided for in articles 120 to 146 of the Code, or by registered or certified mail with notice of receipt or delivery, with no requirement to obtain the authorization provided for in article 138 of the Code.

O.C. 673-2003, s. 60.

61. The motion for leave to appeal must indicate the questions that the petitioner intends to submit to the court.

O.C. 673-2003, s. 61.

62. The clerk shall transmit the judgment authorizing the appeal without delay to the Régie du logement and the parties. Within 15 days of receipt of this judgment, the Régie shall transmit a true copy of the record in its possession to the office of the court.

O.C. 673-2003, s. 62.

63. The ordinary procedure in courts of first instance, provided for in Book II of the Code of Civil Procedure (chapter C-25), shall apply to the appeal insofar as it is not incompatible with the Act respecting the Régie du logement (chapter R-8.1).

O.C. 673-2003, s. 63.

64. Under the authority of the coordinating judge or the associate coordinating judge, the clerk shall list the cases inscribed for proof and hearing on a special roll.

O.C. 673-2003, s. 64.

65. A party who wishes to call a witness to testify may do so by a summons to appear issued in accordance with article 280 of the Code of Civil Procedure (chapter C-25). The service is made at the expense of this party.

O.C. 673-2003, s. 65.

66. As soon as the judgment is filed with the office of the court, the clerk shall send a copy thereof to the parties and to the Régie du logement.

O.C. 673-2003, s. 66.

67. The provisions set out in Divisions I to XII of this Chapter shall apply to this Division, with the necessary modifications.

O.C. 673-2003, s. 67.

CHAPTER III PROVISIONS APPLICABLE TO THE CRIMINAL AND PENAL DIVISION

DIVISION I CONSULTATION AND WITHDRAWAL OF A RECORD OR EXHIBIT

68. A record or exhibit may be consulted only in the presence of the clerk or a person designated by him.

O.C. 673-2003, s. 68.

69. A record may be withdrawn from the office of the court only at the request or with the authorization of a judge.

O.C. 673-2003, s. 69.

DIVISION II ROLLS AND HEARINGS

70. The roll for hearing shall mention the name of the judge presiding over the hearing, the record number, the number of times the record has appeared on the roll since the beginning of the proceedings, the names of the parties and their attorneys, the nature of the offence, the nature of the proceeding, the number of the statement of offence where applicable, the date, the duration where applicable and the place of hearing.

O.C. 673-2003, s. 70.

71. The day before the hearing, the clerk shall make copies of the roll for hearing available to the parties and submit at least 2 copies to the judge who will be presiding over the hearing.

O.C. 673-2003, s. 71.

72. The clerk may not add a record to the roll for hearing without the authorization of the coordinating judge, the associate coordinating judge or a judge.

O.C. 673-2003, s. 72.

73. At the hearing, the party who requires that a record be transferred to another judge must show, to the satisfaction of the court, that the other judge agrees to be seized thereof.

O.C. 673-2003, s. 73.

74. The clerk shall post, in the place designated for this purpose in the courthouse, the roll for each courtroom.

O.C. 673-2003, s. 74.

75. Where the judge requires the transcription of the evidence, it shall be made available to him within 30 days unless the judge has ordered otherwise.

O.C. 673-2003, s. 75.

DIVISION III AUDIO OR STENOGRAPHIC RECORDING

76. The clerk shall make an audio recording of the arguments.

When required by the court, the clerk shall also ensure the operation of the remote testimony system.

O.C. 673-2003, s. 76.

77. When the services of a stenographer are required, he shall proceed to the courtroom at the time the hearing opens and remain there until such time as he is released by the judge.

O.C. 673-2003, s. 77.

78. The stenographer shall record the arguments during the hearing. He shall also record the addresses, unless he is exempted from doing so by the judge or the parties’ attorneys.

O.C. 673-2003, s. 78.

79. Any person may obtain from the clerk, upon payment of a fee, a copy of the audio recording of the arguments.

O.C. 673-2003, s. 79.

DIVISION IV MINUTES OF THE HEARING

80. The clerk shall draw up the minutes of the hearing in accordance with the form provided for this purpose.

The clerk shall also note:

(1)  the grounds in support of any motion for adjournment;

(2)  the name, age and address of each witness, as well as the name of the party calling them to testify;

(3)  the admissions which are verbally dictated;

(4)  the objections to the proof;

(5)  the classification code and the description of all the exhibits filed;

(6)  the addresses;

(7)  the conclusions of any decision or order rendered at the hearing by the judge, and the sentence imposed by the judge.

O.C. 673-2003, s. 80.

DIVISION V MOTIONS

81. All motions shall be presented in writing, unless the judge decides otherwise, and shall set out the facts in support thereof. Such motions must be made under oath.

O.C. 673-2003, s. 81.

82. All motions shall be served on the opposing party or his attorney where provided for, with a notice of presentation of at least 3 days, unless the judge decides otherwise.

O.C. 673-2003, s. 82.

83. A judge may refuse the inscription on a roll of any motion that has not been filed with the office of the court one clear juridical day before the date scheduled for its presentation.

O.C. 673-2003, s. 83.

84. Any service upon an attorney shall be made in his office or at his elected domicile in accordance with the provisions of article 64 of the Code of Civil Procedure (chapter C-25).

O.C. 673-2003, s. 84.

DIVISION VI ADJOURNMENT

85. Where a party foresees to be unable to proceed on the date set by the court, he shall immediately notify the opposing party and the coordinating judge, the associate coordinating judge or a judge designated by one of the former, and present a motion to this intent in accordance with the procedure set out in Division V.

O.C. 673-2003, s. 85.

86. Where the motion contemplated in section 85 is granted, the grounds for the decision shall be recorded in the minutes of the hearing.

O.C. 673-2003, s. 86.

DIVISION VII ANNULMENT OF THE SUMMONING OF WITNESSES

87. Only the Attorney General or his representative, the prosecutor, the accused or his attorney may request the annulment of the summoning of witnesses in a case inscribed on the roll for hearing.

Such a request shall be made by motion, to be presented to the Practice Division at least 3 days before the date set for the hearing, and a copy of the motion shall be filed with the office of the coordinating judge or associate coordinating judge, as the case may be, within the same period.

Notwithstanding the second paragraph, for the judicial districts of Montréal and Québec, the motion must be presented at least 8 days before the date set for the hearing.

This motion shall indicate:

(1)  the nature of the charge for which the petitioner is requesting an order of annulment of the opening date of the hearing;

(2)  the details of all the motions for adjournment already made by the accused or the prosecutor;

(3)  the estimated duration of the hearing;

(4)  the detailed grounds for the motion for adjournment and, if this motion is justified by the absence of a witness, the name of the latter.

O.C. 673-2003, s. 87.

DIVISION VIII APPEARANCE AND WITHDRAWAL OF AN ATTORNEY

88. An attorney of record may be represented by one of his associates or by another attorney appointed for this purpose.

O.C. 673-2003, s. 88.

89. An attorney who knows that his client will not be present in a courtroom when his name is called shall nonetheless appear before the court.

O.C. 673-2003, s. 89.

90. An attorney who has appeared for an accused may not withdraw from the record unless he obtains permission from the judge upon presentation of a motion to this intent. He shall also serve the motion on the accused and the opposing party unless he is exempted from such service by the judge seized of the motion.

O.C. 673-2003, s. 90.

DIVISION IX ORAL OR WRITTEN ADDRESSES

91. A party who refers to a judgment or a text of opinion shall provide a copy thereof to the judge and the parties, indicate the relevant pages and mark the passages quoted.

O.C. 673-2003, s. 91.

92. A party who relies on regulatory or legislative provisions other than those of the Constitution Act of 1982 (R.S.C. 1985, App-II, No. 44), the Criminal Code (R.S.C. 1985, c. C-46), the Canada Evidence Act (R.S.C. 1985, c. C-5), the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Charter of human rights and freedoms (chapter C-12), the Code of Penal Procedure (chapter C-25.1) or the Highway Safety Code (chapter C-24.2) shall provide a copy thereof to the judge and the parties.

O.C. 673-2003, s. 92.

DIVISION X PRIVATE CRIMINAL PROSECUTION

93. A person who wishes to file a private complaint must proceed to the office of the court for the purpose of opening a record. The staff of the office of the court shall explain the procedure to be followed to the person and provide him with a list of documents required to support the information, as well as the form entitled “Private Criminal Prosecution Case Summary Form”.

O.C. 673-2003, s. 93.

94. Once the information has been sworn, the clerk shall transmit the latter to the coordinating judge or the associate coordinating judge, as the case may be, in accordance with section 507.1 of the Criminal Code (R.S.C. 1985, c. C-46).

O.C. 673-2003, s. 94.

95. The pre-inquiry shall be held ex parte and in camera. The testimony heard and the judgment rendered shall be transcribed only upon authorization of the judge.

O.C. 673-2003, s. 95.

DIVISION XI PRE-HEARING CONFERENCE

96. A pre-hearing conference provided for in section 625.1 (1) of the Criminal Code (R.S.C. 1985, c. C-46) shall be held at the date, time and place set by the judge.

The judge presiding over the pre-hearing conference may inquire about, among other things:

(1)  compliance with obligations in matters of communication of the evidence;

(2)  preliminary questions by the prosecutor;

(3)  preliminary questions by the defence;

(4)  whether the accused is fit to stand trial;

(5)  the admissibility of the evidence, including any question on:

(a)  the out-of-court statement:

— the common law voir-dire;

— voir-dire under the Canadian Charter of Rights and Freedoms;

(b)  the contestations of the searches;

(c)  the contestations as to evidence based on interception of private communications;

(d)  the contestations as to audio or video evidence other than in matters of electronic surveillance;

(e)  the application to reveal the identity of a coded informant;

(f)  another application to exempt evidence under the Canadian Charter of Rights and Freedoms;

(g)  the admissibility of hearsay evidence;

(h)  the admissibility of prior testimony in order to prove the content thereof;

(i)  guilty mind;

(j)  evidence of similar facts;

(k)  the testimony of a child;

(l)  the use of prior testimony or evidence taken by commission;

(m)  solicitor-client privilege;

(n)  evidence of prior sexual behaviour;

(o)  any other question;

(6)  admissions, including any question on:

(a)  the chain of possession of exhibits;

(b)  the identity of the accused;

(c)  any other admission;

(7)  expert opinions by:

(a)  the prosecution;

(b)  the defence;

(8)  the probable duration of the preliminary inquiry or the trial.

O.C. 673-2003, s. 96.

DIVISION XII PENAL PROCEDURE

97. The provisions of this Chapter shall apply, with the necessary modifications, to matters provided for in the Code of Penal Procedure (chapter C-25.1).

O.C. 673-2003, s. 97.

98. Notwithstanding section 82, the prior notice, written application and affidavit mentioned in article 32 of the Code of Penal Procedure (chapter C-25.1) must be filed at least one clear juridical day before the date scheduled for their presentation.

O.C. 673-2003, s. 98.

CHAPTER IV PROVISIONS APPLICABLE TO THE YOUTH DIVISION

DIVISION I MATTERS OF PROTECTION

§ 1 . — Consultation and withdrawal of a record or exhibit

99. No record may be withdrawn from the office of the court, except in cases of appeal, evocation, judicial review or at the request of or with the authorization of a judge.

O.C. 673-2003, s. 99.

100. Having been identified by the clerk, and ascertained as to his right, a person authorized by law may consult a record or obtain a copy of an exhibit in a record.

The clerk shall then make note of the name of that person in the record and of the exhibit of which a copy has been remitted.

O.C. 673-2003, s. 100.

§ 2 . — Records, pleadings and exhibits

101. The clerk shall open a record for each case brought or for each information filed before the court, and all pleadings filed therein must bear the full record number.

Where the situation of several children or adolescents is examined and based on the same evidence, a copy of all exhibits, minutes, stenographic notes and judgments shall be filed in each of the other records, unless the court decides otherwise.

O.C. 673-2003, s. 101.

102. All the pleadings in a record must be fastened thereto in such a way that they cannot become easily detached. The same applies to any exhibits that can be kept in a record.

O.C. 673-2003, s. 102.

103. When the record is forwarded to the court or the judge, an updated statement of the plumitif shall be filed therein and all prior statements destroyed.

O.C. 673-2003, s. 103.

104. The name and date of birth of the child or adolescent shall be inscribed legibly on each record.

O.C. 673-2003, s. 104.

105. The receipt, certificate of post office registration or any other document attesting to the transmission of a notice, a subpoena or a copy of a judgment must be filed in the record and attached to the appropriate exhibit.

O.C. 673-2003, s. 105.

106. All pleadings must be legibly written on one side of a sheet measuring 21.5 × 35.5 cm. The reverse side of the sheet must indicate the nature and subject of the pleading, the record number and the names of the parties, as well as the name, address, postal code, telephone number, fax number and computer code of the attorney of the party filing the pleading.

In the event that the party is representing himself, the attorney’s computer code and fax number are not required.

O.C. 673-2003, s. 106.

107. All pleadings filed by a party shall be signed by his attorney. In the event that this party is not represented by an attorney, his pleading shall be signed by himself.

O.C. 673-2003, s. 107.

108. The exhibits and written documents filed must bear the record number and an identifying letter attributed to each party. They must also be numbered consecutively and be accompanied by a list.

The code letters are as follows:

D: for the Direction de la protection de la jeunesse;

E: for the child;

M: for the mother;

P: for the father;

PM: for the father and the mother;

I: for the intervenor;

C: for the Commission des droits de la personne et des droits de la jeunesse;

MC: for the impleaded party;

PG: for the Attorney General;

R: for the applicant in adoption cases.

O.C. 673-2003, s. 108.

109. The date of birth of a child and the identity of his parents must be proved in accordance with the provisions of the Civil Code not later than at the beginning of a hearing on the merits of a statement for the purposes of protection.

O.C. 673-2003, s. 109.

110. Upon receipt of a pleading or an exhibit, the clerk shall number it and mark upon it the date it was filed and the number of the record in which it was filed.

O.C. 673-2003, s. 110.

111. All accessory demands must be made in writing in the form of a motion and, unless an exemption from doing so is granted by the court, must be presented separately.

O.C. 673-2003, s. 111.

112. Each of the parties must, in an affidavit, attest that the child is not already the subject of a motion, action or judgment of the Court of Québec or of another court, or of an agreement between the parties or with the director of youth protection and, where applicable, provide a copy of such motion, action, judgment or agreement.

The same applies when the alleged facts are the subject of a criminal prosecution and, where applicable, a copy of the information, the undertakings and the judgment must be provided.

If, during the proceedings, the interests or rights of the child are likely to be affected by the procedure described in the preceding paragraph, the party or his attorney who has knowledge thereof must immediately inform the court by means of an affidavit, which will be filed in the record.

O.C. 673-2003, s. 112.

113. Any party who wishes to file an evaluation, a report, a study or an expert opinion for the benefit of the court, must file this document in the record at least 3 days before the hearing and transmit a copy thereof, within the same period, to the attorney of each of the parties or to the party himself if he is not represented, unless he is exempted from this obligation by the court.

O.C. 673-2003, s. 113.

114. A copy of all notices of appeal and all decisions rendered in appeal of a judgment of the court must, as soon as they are received, be sent by the clerk to the judge who rendered judgment in first instance.

O.C. 673-2003, s. 114.

§ 3 . — Rolls and hearings

115. Separate rolls with respect to the hearing of cases in matters of protection, adoption and young offenders shall be drawn up by the clerk.

O.C. 673-2003, s. 115.

116. Where a date for the presentation of a motion must be set, the judge or the clerk shall set the hearing according to the availability of the court.

O.C. 673-2003, s. 116.

117. The court may, if it considers it expedient, order a written contestation and set the time limit within which this contestation must be filed as well as another date for the hearing of the case.

O.C. 673-2003, s. 117.

118. No case shall be adjourned solely by the consent of the parties or due to their absence.

All motions for adjournment of a case set for proof and hearing shall be presented in writing, with the reasons in support thereof, to the coordinating judge or a judge designated by him, at least 8 days before the date set for the hearing. Such motion must be preceded by a notice of one clear juridical day transmitted to all the parties.

Notwithstanding the above time limit, if the reasons for the adjournment are known less than 8 days before the date set for the hearing, the coordinating judge or a judge designated by him may receive an oral motion for adjournment following a notice of one clear juridical day transmitted to all the parties.

This section does not limit the authority of the trial judge to grant an adjournment for exceptional reasons.

O.C. 673-2003, s. 118.

119. In the absence of the judge, the clerk may adjourn any hearing, in accordance with the law, for a set period that shall not exceed the next session.

O.C. 673-2003, s. 119.

§ 4 . — Audio or stenographic recording

120. The clerk shall make an audio recording of the arguments.

If there is no audio recording, the services of a stenographer shall be required and the latter shall record the arguments during the hearing. If the judge so requires, the stenographer shall also record the addresses.

O.C. 673-2003, s. 120.

121. Unless there is an appeal, the recording of the arguments may not be copied, transcribed or translated, except with the authorization of the court, which shall determine the terms and conditions governing access to and communication of such recording.

O.C. 673-2003, s. 121.

122. The transcription of the audio recording or of the notes taken by the stenographer shall be kept separately from the record, in a place indicated by the clerk.

O.C. 673-2003, s. 122.

§ 5 . — Minutes of the hearing

123. The clerk shall draw up the minutes of the hearing in accordance with the form provided for this purpose, and shall enter therein:

(1)  the record number and, where applicable, the identification number of the tape reel;

(2)  the names of the parties in attendance, including, where applicable, that of the child and, in criminal and penal matters, that of the adolescent;

(3)  the date and time of the beginning and the end of the hearing and, where applicable, the tape position numbers;

(4)  the name of the judge presiding over the hearing;

(5)  the names of the attorneys and, where applicable, their computer code or box number;

(6)  the names of the clerk and the stenographer, where applicable;

(7)  a reference to the Act under which the case is brought, as well as the nature of the case or, in criminal and penal matters, a reference to the Act under which the offence is alleged to have been committed by the adolescent;

(8)  the name, age, capacity and address of each witness, as well as the name of the party calling them to testify;

(9)  where applicable, the swearing-in of the interpreter and his address;

(10)  a description of the exhibits filed and the classification code assigned to each one;

(11)  the admissions and confessions;

(12)  the different stages of the hearing;

(13)  the decision of a party not to be represented by an attorney;

(14)  the conclusions of any judgment, decision, order or measure rendered at the hearing by the judge and the tape position numbers of the mechanical recording of these decisions, with the exception of those pertaining to objections to evidence that are simply noted;

(15)  the grounds for any decision pertaining to a motion for adjournment.

O.C. 673-2003, s. 123.

§ 6 . — Judgments and advisements

124. The clerk must ensure that a record is complete before sending it to the judge for hearing or for advisement, and that it contains, among other things, the pleadings and the exhibits, as well as the studies, factums and reports filed in support of the proceedings, numbered in order by date of filing. If the record is incomplete, the clerk must notify the attorneys of that fact so that they may take the necessary action to complete it, in the time limit set by him, and must leave a note in the record indicating that they have been so notified.

Should a party fail to file an exhibit required by the judge, or complete his oral or written address within the time limit set at the hearing, the judge shall take the record under advisement in the state in which it is found upon the expiry of this time limit.

O.C. 673-2003, s. 124.

§ 7 . — Appearance and withdrawal of an attorney

125. The appearance of an attorney who wishes to represent a party may be made at the hearing, but must be confirmed by the filing of a written appearance in the record of the court.

An attorney who wishes to consult a record without having filed a written appearance must present a written authorization from the person contemplated in section 96 of the Youth Protection Act (chapter P-34.1) in order to have access to the record.

An attorney who has appeared for a party may not withdraw from the record unless he obtains authorization to do so from the court.

O.C. 673-2003, s. 125.

§ 8 . — Destruction of records

126. Access to a record which is to be destroyed as provided in the Youth Protection Act (chapter P-34.1) is prohibited from the day on which the child reaches 18 years of age, except where the periods of appeal have not expired.

O.C. 673-2003, s. 126.

127. Where the destruction of a record is provided for under the Youth Protection Act (chapter P-34.1), the inscription in the alphabetical index, the plumitif and the audio recording of the notes taken by the stenographer, as well as any transcription of this recording or these notes pertaining to such record, must be destroyed at the same time as the record.

O.C. 673-2003, s. 127.

128. The records referred to in section 96 of the Youth Protection Act (chapter P-34.1) must, within 3 months of the date on which access thereto was prohibited, be transported to an appropriate place for incineration or shredding by 2 persons designated in writing by the clerk for this purpose.

O.C. 673-2003, s. 128.

129. The records shall be incinerated or shredded in the presence of these 2 persons and the clerk, who shall draw up a report of these events.

O.C. 673-2003, s. 129.

130. The report of the destruction of the records must contain: the numbers or serial numbers of the records destroyed and the date, place and means used to destroy them.

O.C. 673-2003, s. 130.

§ 9 . — Change of district

131. A party who files an application in compliance with the prescriptions of the second paragraph of section 95.1 of the Youth Protection Act (chapter P-34.1) in a district other than that where the previous order was rendered must attach to this application a certified copy of the relevant exhibits of the record concerned, including a copy of the judgments and the psychosocial and expert opinions filed during prior hearings.

O.C. 673-2003, s. 131.

§ 10 . — Absence or incapacity of a judge

132. In the event of a judge’s absence or inability to act in a district and insofar as the hearing of witnesses is not required, the coordinating judge of this district may designate a judge to rule on all emergency applications, provisional measures and preliminary or accessory applications to a proceeding, by any means of communication that is acceptable to this judge.

O.C. 673-2003, s. 132.

DIVISION II MATTERS OF ADOPTION

§ 1 . — Consultation and withdrawal of a record or exhibit

133. No record may be withdrawn from the office of the court, except in cases of appeal, evocation or judicial review, or at the request or with the authorization of a judge.

O.C. 673-2003, s. 133.

§ 2 . — Records, pleadings and exhibits

134. With the exception of section 104, sections 101 to 114 shall also govern matters of adoption, with the necessary modifications.

O.C. 673-2003, s. 134.

135. The motions presented for the purposes of placement or revocation of an order of placement and the applications for adoption pertaining to a given child, as well as the attendant pleadings, shall be kept in the same record.

All other applications and the attendant pleadings shall be kept in separate records.

O.C. 673-2003, s. 135.

136. The given name and surname proposed for the child must be inscribed on each record, along with the child’s original given name and surname between brackets if they are different.

In matters of approval of a proposed adoption, the given names and surnames of the applicants shall be inscribed in the record.

O.C. 673-2003, s. 136.

137. Exhibits shall be kept in the record beyond the one-year time limit in accordance with the directives of the chief judge issued under article 331.9 of the Code of Civil Procedure (chapter C-25). When a party wishes to retrieve an exhibit he has filed, the clerk shall remit it to him and keep a certified copy thereof in the record.

O.C. 673-2003, s. 137.

138. The clerk shall transmit to the director of youth protection having jurisdiction in the place where the child resides or, if the child does not reside in Québec, to the person who was the last to have charge of the child, a notice of any judgment of eligibility for adoption or for placement and adoption rendered concerning a child, indicating the child’s original and proposed names.

O.C. 673-2003, s. 138.

139. Unless the court authorizes the parties to receive a copy of the judgment to be rendered, the clerk shall transmit to the parties a certificate attesting to any judgment declaring a child judicially eligible for adoption and, where applicable, to any order for placement or adoption judgment.

O.C. 673-2003, s. 139.

§ 3 . — Rolls and hearings

140. Sections 115 to 119 shall also govern matters of adoption insofar as they are applicable.

O.C. 673-2003, s. 140.

141. The clerk shall inscribe applications made by way of a declaration on a general roll for proof and hearing on the merits according to their date of inscription, and shall notify the parties or their attorneys thereof by certified mail.

O.C. 673-2003, s. 141.

142. The inscription for proof and hearing must indicate the nature of the case and the time required for the proof and hearing.

O.C. 673-2003, s. 142.

143. The clerk shall inscribe applications made by way of a motion on a separate roll, and these applications shall be heard according to the court’s availability during a sitting devoted to matters regarding adoption.

O.C. 673-2003, s. 143.

144. Applications in adoption cases must be presented to the court by the party himself or by his attorney.

O.C. 673-2003, s. 144.

145. In the case of general consent to adoption, the court shall hear the application for placement presented by the director of youth protection on the date set for its presentation, unless the adopters have informed the applicant of their desire to be heard, in which case the court shall refer the hearing to a later date and the attorney shall notify the adopters of this referral.

O.C. 673-2003, s. 145.

§ 4 . — Audio or stenographic recording

146. Sections 120 to 122 shall apply, with the necessary modifications, to this Division.

O.C. 673-2003, s. 146.

§ 5 . — Judgments and advisements

147. Section 124 shall apply, with the necessary modifications, to this Division.

O.C. 673-2003, s. 147.

CHAPTER V FINAL PROVISIONS

148. This Regulation replaces

(1)  the Rules of practice of the Court of Québec (R.R.Q., 1981, chapter C-25, r. 4);

(2)  the Rules of practice of the Court of Québec relating to appeals from decisions of the Régie du logement (R.R.Q., 1981, chapter C-25, r. 5);

(3)  the Rules of practice of the Court of Québec (Criminal and Penal Division) (R.R.Q., 1981, chapter T-16, r. 6);

(4)  the Rules of practice and procedure of the Court of Québec (Youth Division) in civil and adoption matters (O.C. 1257-83, 83-06-15); and

(5)  the Rules of practice of the Court of Québec (Youth Division) in criminal and penal matters (R.R.Q., 1981, chapter T-16, r. 8).

O.C. 673-2003, s. 148.

149. (Omitted).

O.C. 673-2003, s. 149.

SCHEDULE I

(s. 1)

Registers, indexes and files

The registers, indexes and files contemplated in the second paragraph of section 1 must contain the following information and documents:

(1) For the Youth Division, in civil matters:

— In matters of protection:

(1) an alphabetical index containing:

(a) the record number;

(b) the surname and given name of the child and of the other parties;

(c) the child’s date of birth and sex.

(2) a plumitif containing:

(a) the record number and the date it was opened;

(b) the surname and given name of the child and of the other parties;

(c) the child’s date of birth and sex;

(d) the address of the residence or domicile of the child and of the other parties;

(e) the surnames, given names and addresses of the parties’ attorneys;

(f) a reference to the relevant section of the Act and the nature of the matter;

(g) the nature of each of the pleadings and the date they were filed in the record;

(h) the date of each court sitting;

(i) the date on which the record is completed and the date it is sent to the judge for advisement;

(j) the date of each judgment and a summary thereof;

(k) the date of the filing of the notice of appeal;

(l) the number of the record of the court sitting in appeal or for extraordinary recourse and the date on which the record was transmitted to the office of that court;

(m) the date on which the record was returned to the office of the court.

(3) a register of consultation of the records pertaining to the Youth Protection Act (chapter P-34.1), indicating, for each consultation:

(a) the record number and the date it was consulted;

(b) the surname, given name and capacity of the person consulting the record;

(c) the signature of the person consulting the record;

(d) the surname and given name of the person in whose presence the record is consulted.

The information provided for in subparagraphs 1 and 2 must be inscribed on the cover of the record consulted.

(4) a register of judgments containing the original of all judgments, filed in the same numerical order as the records, with a certified copy of each judgment being added to the record; the persons consulting this register must comply with the rules of confidentiality provided for by law.

— In matters of adoption:

(1) an alphabetical index under the original name and a second alphabetical index under the proposed given name and surname of the person who is the subject of a proceeding, containing:

(a) the number of the record(s);

(b) the proposed given name and surname of the person, where applicable;

(c) the original given name and surname of the person, if they differ from the proposed names;

(d) the person’s date of birth and sex;

(2) a plumitif containing:

(a) the record number and the date it was opened;

(b) the person’s original given name and surname, sex, date of birth, and address of residence or domicile;

(c) the proposed given name and surname of the person, if they differ from the original names;

(d) where the person is a minor, the name of the director of youth protection and, if they are known, the given names and surnames of the minor’s parents, tutor, guardian or spouse;

(e) the surnames, given names and address of the parents;

(f) the surnames, given names and address of the parties’ attorneys;

(g) a reference to the relevant section of the Act and the nature of the matter;

(h) the nature of each of the pleadings and the date they were filed in the record;

(i) the date of each court sitting;

(j) the date on which the record is completed and the date it is sent to the judge for advisement;

(k) the date of each judgment and a summary thereof;

(l) the date of the filing of the notice of a proceeding in appeal with the office of the court, the number of the record of the Court sitting in appeal, where available, and the date on which the record was transmitted to the office of that court;

(m) the date on which the record was returned to the office of the court;

(n) the date on which a party retrieves the original of an exhibit that the party filed in the record.

(3) a register of judgments containing:

— the original of all judgments rendered in matters of adoption, filed in the same numerical order as the records, with a certified copy of each judgment being added to the record.

(1) For the Youth Division, in criminal or penal matters:

(1) an alphabetical index containing:

(a) the record number;

(b) the adolescent’s surname, given name, date of birth and sex;

(c) the surnames and given names of the adolescent’s parents, tutor, guardian or spouse, where applicable.

(2) a plumitif containing:

(a) the record number and the date it was opened;

(b) the surname and given name of the adolescent;

(c) the adolescent’s date of birth and sex;

(d) the surname and given name of the adolescent’s attorney;

(e) the surnames and given names of the adolescent’s parents, tutor, guardian or spouse, where applicable;

(f) the address of the residence or domicile of the defendant and that of the defendant’s parents, tutor, guardian or spouse, if it is different;

(g) the name of the plaintiff or the informant, where applicable;

(h) a reference to the Act under which the offence is alleged to have been committed by the adolescent;

(i) the date and stage of each hearing of the court;

(j) the date of the judgment and of the decision, where applicable;

(k) the date of the filing of the notice of appeal;

(l) the number of the record of the court sitting in appeal or for extraordinary recourse and the date on which the record was transmitted to the office of that court;

(m) the date on which the record was returned to the office of the court.

O.C. 673-2003, Sch I.

REFERENCES

O.C. 673-2003, 2003 G.O. 2, 2003