CCQ-1992 - Act respecting the implementation of the reform of the Civil Code

Updated to 1 April 1999

This document has official status.

chapter CCQ-1992

Act respecting the implementation of the reform of the Civil Code

TITLE I TRANSITIONAL PROVISIONS

PRELIMINARY PROVISION

1. The object of the provisions of this Title is to govern conflicts of legislation resulting from the coming into force of the Civil Code of Québec and the corresponding amendments introduced by this Act.

Chapter I lays down the general transitional rules of law. Chapter II sets forth the special rules for each Book of the Code; these rules contain certain additions and exceptions to the general rules, or specify the application or scope of the general rules in certain cases.

1992, c. 57, s. 1.

CHAPTER I GENERAL PROVISIONS

2. The new legislation has no retroactive effect; it applies only to the future.

It does not, therefore, change the conditions for creation of a previously created legal situation, nor the conditions for extinction of a previously extinguished legal situation, and it does not alter the effects already produced by a legal situation.

1992, c. 57, s. 2.

3. The new legislation is applicable to legal situations which exist when it comes into force.

Any hitherto unfulfilled conditions for the creation or extinction of situations in the course of being created or extinguished are therefore governed by the new legislation; it also governs the future effects of existing legal situations.

1992, c. 57, s. 3.

4. In contractual situations which exist when the new legislation comes into force, the former legislation subsists where supplementary rules are used to determine the extent and scope of the rights and obligations of the parties and the effects of the contract.

However, the provisions of the new legislation apply to the exercise of the rights and the performance of the obligations, and to their proof, transfer, alteration or extinction.

1992, c. 57, s. 4.

5. The stipulations of a juridical act made prior to the new legislation which are contrary to its imperative provisions are without effect for the future.

1992, c. 57, s. 5.

6. Where the new legislation lengthens a prescribed period of time, the new period applies to existing situations and account is taken of the time already elapsed.

Where it shortens a prescribed period, the new period applies, but begins to run from the coming into force of the new legislation. However, the period prescribed in the former legislation is maintained where it would in fact be extended if the new period applied.

Where a period of time not prescribed in the former legislation is introduced by the new legislation and begins with an event which in fact occurred before the coming into force of that legislation, the period, if not already expired, runs from that coming into force.

1992, c. 57, s. 6.

7. Juridical acts which may be annulled when the new legislation comes into force may not be annulled thenceforth for any reason which is no longer recognized under the new legislation.

1992, c. 57, s. 7.

8. The measures to be taken before the exercise of a right or power conferred by the new legislation, including the sending of a notice or the obtaining of an authorization, may validly be taken before the coming into force of the new legislation.

1992, c. 57, s. 8.

9. Proceedings pending continue to be governed by the former legislation.

An exception is made to this rule where the judgment to be rendered creates rights or where the new legislation has a retroactive effect pursuant to the provisions of this Act. A further exception is made for all matters concerning proof and procedure in such proceedings.

1992, c. 57, s. 9.

10. Applications made according to the ordinary procedure in first instance are continued in accordance with the new rules applicable to ordinary procedure, even where the new legislation provides that in the future such applications are to be made by way of a motion, unless the parties agree to proceed according to the new provisions.

1992, c. 57, s. 10.

CHAPTER II SPECIAL PROVISIONS

DIVISION I PERSONS

§ 1 . — Change of name

11. Applications for a change of name or for a change of designation of sex and given name made prior to 1 January 1994 are governed by the former legislation.

However, applications which were addressed to the Minister of Justice are referred to the registrar of civil status.

1992, c. 57, s. 11.

§ 2 . — Absence

12. Curators to absentees become tutors to absentees.

1992, c. 57, s. 12.

13. The persons authorized to take provisional possession of the property of an absentee remain in provisional possession and are subject to the regime of simple administration of the property of others.

Provisional possession is terminated by the appointment of a tutor pursuant to article 87 of the new Code or by one of the causes of termination set forth in article 90 of that Code.

1992, c. 57, s. 13.

14. Where the presumptive heirs have been authorized to take provisional possession, a declaratory judgment of death pronounced after 31 December 1993 in respect of an absence beginning before 1 January 1994 fixes as the date of death the day of the disappearance of the absentee, except where the presumptions drawn from the circumstances allow the death to be held to be certain at another date.

1992, c. 57, s. 14.

§ 3 . — Registers and acts of civil status

15. The duplicate of a register which has not already been handed over to the clerk of the Superior Court shall be handed over without delay to the registrar of civil status. The other copy is retained by its holder or, if not, is handed over to the registrar of civil status.

Where only one copy of a register has been kept, it shall be handed over to the registrar of civil status, as shall any register held by a clerk. The registrar of civil status authenticates any register which has not already been authenticated.

1992, c. 57, s. 15.

16. The registrar of civil status may, in the manner provided for in the new Code, insert and correct acts in the registers already kept by him.

With the authorization of and in accordance with the conditions determined by the Minister of Justice, the registrar of civil status may, in accordance with the Code of Civil Procedure (chapter C-25.01) and with the exception of the notification provided for in article 871.2, reconstitute any register which has been lost, destroyed or damaged, or which ought to have been kept and has not been kept, or which has been kept in an incomplete manner.

For those purposes, the registrar of civil status has the immunity and is vested with the powers provided for in the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1992, c. 57, s. 16.

17. Attestations made pursuant to the Public Health Protection Act (chapter P-35) and described as declarations by the former legislation may, after 31 December 1993, be used to establish an act of civil status.

1992, c. 57, s. 17.

18. Extracts from the registers of civil status issued before 1 January 1994 remain valid.

1992, c. 57, s. 18.

19. Where a register is in the process of being reconstituted, the reconstitution is completed in accordance with the former Act respecting the reconstitution of civil status registers (chapter R-2).

1992, c. 57, s. 19.

20. The registrar of civil status is not bound to make, on acts of birth, marriage or death and on certificates of civil status which he issues, the notations provided for in articles 134 and 135 of the new Code if the events from which such notations result occurred prior to 1 January 1994.

He publishes deaths occurring before 1 January 1994 by means of copies of acts of death and certificates and attestations of death based on the acts of burial drawn up under the former legislation, and by means of attestations of death made under the Public Health Protection Act (chapter P-35) and described as declarations by the former legislation. In cases of divergence between the attestation of death and the act of burial, the latter prevails.

1992, c. 57, s. 20.

21. The registrar of civil status may allow a church authorized to keep registers of civil status under the former legislation to reconstitute the copy of the registers preserved by that church by using the duplicate of which he has custody.

1992, c. 57, s. 21.

§ 4 . — Tutorship to minors

22. A curator to a judicially emancipated minor becomes a tutor to an emancipated minor.

1992, c. 57, s. 22.

23. A minor having tutorship of his child retains it in accordance with the new rules of tutorship.

1992, c. 57, s. 23.

24. A dative tutorship exercised by the father or mother alone on 1 January 1994 may, by simple agreement of the parents in writing or, where there is no such agreement, by decision of the court, be converted to a legal tutorship conferred on both parents. The parents must notify the Public Curator of the conversion.

Where a dative tutorship is exercised by a third person, it may, upon an application to the court by one or both of the parents, be converted to a legal tutorship conferred on one or both of the parents, as the case may be.

1992, c. 57, s. 24.

25. A tutorship provided by a will made before 1 January 1994 has full effect, provided that death occurs after 31 December 1993.

1992, c. 57, s. 25.

26. Curatorships to children conceived but yet unborn which are in effect on 1 January 1994 continue to be governed by the former legislation.

1992, c. 57, s. 26.

27. Subrogate tutors and subrogate curators become tutorship councils composed of only one person. They have the powers and duties of tutorship councils.

Any interested person may apply to the court for the establishment of a new council without invoking grave reasons.

1992, c. 57, s. 27.

28. By way of exception to article 188 of the new Code, a tutor to property who is a party to proceedings pending on 1 January 1994 has continuance of suit.

1992, c. 57, s. 28.

29. Advice given by a family council pursuant to article 297 of the former Code with a view to the making of an act contemplated in that article is valid as advice from a tutorship council.

1992, c. 57, s. 29.

§ 5 . — Legal persons

30. Legal persons which existed at the time of the cession of the country and which, although they have not been continued or recognized by competent authority pursuant to the second paragraph of article 353 of the former Code, still act as legal persons, are deemed to be legally constituted.

1992, c. 57, s. 30.

DIVISION II THE FAMILY

31. Marriages solemnized before 1 January 1994 may not be annulled except for causes recognized by the new legislation.

1992, c. 57, s. 31.

32. Property contemplated by article 456 of the new Code is divided into private property and acquests in accordance with the legislation in force when the property is acquired.

1992, c. 57, s. 32.

33. Article 476 of the new Code is applicable to every partnership of acquests dissolved before 1 January 1994, where the interested parties have not yet accepted or renounced the partition of acquests and where the period for so doing has not yet expired.

1992, c. 57, s. 33.

34. The legal usufruct of a surviving consort in effect on 1 January 1994 continues to be governed by articles 1426 to 1433 of the former Code.

1992, c. 57, s. 34.

35. Article 540 of the new Code is applicable even where consent to medically assisted procreation was given before 1 January 1994.

1992, c. 57, s. 35.

36. Advice given by a family council pursuant to article 655 of the former Civil Code of Québec is considered to be advice from a tutorship council.

1992, c. 57, s. 36.

DIVISION III SUCCESSIONS

37. Successions are governed by the legislation in force on the day they open.

1992, c. 57, s. 37.

38. The causes of unworthiness and revocation of wills and legacies set forth in articles 610 and 893, respectively, of the former Code which have not yet been applied on 1 January 1994 may no longer be applied if they are not recognized by the new legislation.

The causes of unworthiness set forth in articles 620 and 621 of the new Code are applicable to successions which open after 31 December 1993, even where the cause of unworthiness arose before 1 January 1994.

1992, c. 57, s. 38.

39. For successions which open before 1 January 1994,

(1)  the capacity required to exercise the right of option after 31 December 1993 is appraised according to the provisions of the new legislation;

(2)  the right provided in article 626 of the new Code to be recognized as an heir is extinguished upon the expiry of ten years from 1 January 1994 or, where the right arises after 31 December 1993, upon the expiry of ten years after it arises;

(3)  the right to retract a renunciation under article 657 of the former Code may be exercised only within ten years from 1 January 1994;

(4)  a successor who has not exercised his right of option before the expiry of ten years from 1 January 1994 is deemed to have renounced the succession.

1992, c. 57, s. 39.

40. Subject to section 7, the capacity required to make a will and the form of the will are appraised according to the legislation in force on the day the will is made.

1992, c. 57, s. 40.

41. In testamentary successions, representation takes place only to the extent provided by the legislation in force on the day the will is made.

1992, c. 57, s. 41.

42. The provisions of article 758 of the new Code, concerning penal clauses or exheredations taking the form of penal clauses, are applicable to wills made before 1 January 1994.

An exception is made to this rule where liquidation of a succession having opened before 1 January 1994 has already begun on 1 January 1994.

1992, c. 57, s. 42.

43. In a succession which opens after 31 December 1993, a testamentary stipulation of hypothecation made under the provisions of article 880 of the former Code is deemed to require the liquidator of the succession to grant a conventional immovable hypothec for the benefit of the persons in whose favour the stipulation was made.

1992, c. 57, s. 43.

44. The provisions of article 771 of the new Code, concerning the execution of a charge which becomes impossible or too burdensome, and the provisions of articles 772 to 775 of that Code, concerning proof and probate of wills, are applicable to wills made before 1 January 1994.

1992, c. 57, s. 44.

45. Successions that have opened but have not yet begun to be liquidated on 1 January 1994 are liquidated pursuant to the new legislation, and article 835 of the new Code may be applied to those successions.

Liquidation of a succession is deemed to have begun when a legacy by particular title or a debt of the succession, other than the ordinary public utility bills or debts in need of payment, is paid.

1992, c. 57, s. 45.

46. Articles 837 to 847, 849 to 866 and 884 to 898 of the new Code are applicable, adapted as required, to successions which open before 1 January 1994 in respect of property partition of which has not begun; partition of property is deemed to have begun when an operation is effected for the purpose of proceeding therewith, after the decision of the heirs or the court to partition the property.

This rule does not apply to an action in partition which is pending on 1 January 1994.

1992, c. 57, s. 46.

47. For successions which open after 31 December 1993, gifts made before 1 January 1994 are excluded from the application of article 630 of the former Code, but remain subject to return pursuant to that Code.

1992, c. 57, s. 47.

DIVISION IV PROPERTY

48. Under article 903 of the new Code, only those movables referred to which ensure the utility of the immovable are to be considered as immovables, and any movables which, in the immovable, are used for the operation of an enterprise or the pursuit of activities are to remain movables.

1992, c. 57, s. 48.

49. All disbursements made before 1 January 1994 are governed by the new legislation.

1992, c. 57, s. 49.

50. The holder of a thing entrusted for safekeeping, work or processing may, if it is not claimed upon completion of the work or at the end of the agreed period or if it is forgotten, dispose of it in accordance with the provisions of articles 944 and 945 of the new Code. He nevertheless remains entitled to proceed with the sale thereof in accordance with the former legislation if all the formalities of publication required by that legislation have already been completed on 1 January 1994.

1992, c. 57, s. 50.

51. In situations of indivision established by agreement before 1 January 1994, the rights and obligations of undivided co-owners, the administration of the undivided property and the end of indivision and partition are governed by the new legislation.

1992, c. 57, s. 51.

52. In matters concerning divided co-ownership of an immovable, a group of coproprietors becomes a syndicate. The rights and obligations of the administrators of the co-ownership are transferred to the syndicate.

The administrators of the co-ownership become the directors of the syndicate and constitute the board of directors thereof, except where there is cause for disqualification.

The syndicate is designated by the name which the co-owners as a body have given themselves or by which they are generally known, or by the address of the place where the immovable is located.

1992, c. 57, s. 52.

53. Divided co-ownership of an immovable established before 1 January 1994 is governed by the new legislation.

However, any stipulation of the declaration of co-ownership which establishes the rule of unanimous approval for decisions changing the destination of the immovable is maintained notwithstanding article 1101 of the new Code.

Notwithstanding article 1064 of the new Code, any stipulation of the declaration of co-ownership which fixes the contribution for expenses arising from the co-ownership and the operation of the immovable on the basis of the dimensions of the private portion of each fraction is also maintained.

1992, c. 57, s. 53.

54. The clauses contained in existing declarations of co-ownership are placed in one of the categories contemplated in article 1052 of the new Code, in accordance with the provisions of articles 1053 to 1055 of that Code.

1992, c. 57, s. 54.

55. Article 1057 of the new Code is applicable to a lessee under a lease in effect on 1 January 1994.

1992, c. 57, s. 55.

56. Article 1058 of the new Code does not apply to divided co-ownership of immovables existing on 1 January 1994 and in which several persons have a periodic and successive right of enjoyment in the same fraction.

However, as long as the act constituting the co-ownership has not been amended pursuant to article 1058, the alienation of any right in such a fraction, or in any other fraction of the same immovable, is subordinate, on pain of nullity, to the fulfillment of the conditions relating to the sale of residential immovables provided in the new Code.

1992, c. 57, s. 56.

57. The failure to act with diligence referred to in the second paragraph of article 1081 of the new Code is appraised in accordance with the former legislation if the latent defect was discovered before 1 January 1994.

1992, c. 57, s. 57.

58. In divided co-ownerships which exist on 1 January 1994, the periods provided for in articles 1104 and 1107 of the new Code run from 1 January 1994.

1992, c. 57, s. 58.

59. Legal situations which were governed by the former Constitut or Tenure System Act (chapter C-64), other than offers to acquire already made under that Act, are governed by the provisions of the new Code relating to superficies.

1992, c. 57, s. 59.

60. Articles 1139 to 1141 of the new Code are applicable to usufructs established by contract and existing on 1 January 1994.

1992, c. 57, s. 60.

61. Any unjustified delay on the part of the usufructuary in making an inventory or in furnishing security for a usufruct which opens before 1 January 1994 does not give rise to the application of article 1146 of the new Code, except where the usufructuary has been put in default by the bare owner, in which case he has 60 days to fulfill his obligations.

1992, c. 57, s. 61.

62. The provisions of articles 1148 and 1149 of the new Code concerning insurance of property subject to usufruct do not apply to usufructs established before 1 January 1994.

1992, c. 57, s. 62.

63. The provisions of the second paragraph of article 1153 of the new Code, concerning the right of usufructuaries to be reimbursed at the end of the usufruct for the cost of major repairs made by them, are applicable to repairs made by a usufructuary after 31 December 1993.

1992, c. 57, s. 63.

64. Servitudes of right of way which exist on 1 January 1994 may be redeemed pursuant to article 1189 of the new Code upon the expiry of a period of 30 years from 1 January 1994.

1992, c. 57, s. 64.

65. The rules of the new legislation concerning emphyteusis are applicable to existing contracts of emphyteusis insofar as they complete the provisions thereof.

1992, c. 57, s. 65.

66. A person whose property is inalienable on 1 January 1994, as a result of a stipulation contained in a liberality made prior to 1 January 1994, may be authorized by the court to dispose of the property if any of the conditions provided in article 1213 of the new Code is satisfied.

1992, c. 57, s. 66.

67. The effects and opening of a substitution established by contract before 1 January 1994 are governed by the new legislation in the same manner as a substitution established by will.

1992, c. 57, s. 67.

68. Substitutions which have not yet opened on 1 January 1994, and in respect of which the institute is already deceased or is a legal person, open 30 years after that date, except where an earlier time has been fixed by the grantor in the act constituting the substitution.

1992, c. 57, s. 68.

69. Where, before 1 January 1994, the institute has alienated the substituted property or used it as security, or where the property has been the subject of a seizure or a forced sale, the right of the substitute to take back the property when the substitution opens continues to be governed by the former legislation.

1992, c. 57, s. 69.

70. Amounts held by a prothonotary as judicial deposits under article 953a of the former Code are remitted to the institute. Reimbursements of capital loaned which, under that article, were to be made to the prothonotary, are made to the institute.

1992, c. 57, s. 70.

71. The effects and extinction of foundations and trusts constituted by gift before 1 January 1994 are governed by the new legislation in the same manner as foundations and trusts constituted by will.

1992, c. 57, s. 71.

72. The maximum period of 100 years provided for in article 1272 of the new Code runs from 1 January 1994 for trusts constituted before that time and for legal persons who are beneficiaries of a trust, provided, in the latter case, that their rights have opened at that time.

1992, c. 57, s. 72.

73. Administration of the property of others entrusted by contract to a manager of undivided property or to a trustee before 1 January 1994 is governed by the new legislation, as in the case of the administration of the property of others entrusted otherwise than by contract.

1992, c. 57, s. 73.

74. Investments made in accordance with the provisions of article 981o of the former Code before 1 January 1994 are presumed sound investments within the meaning of the new Code.

1992, c. 57, s. 74.

DIVISION V OBLIGATIONS

§ 1 . — Obligations in general

I.  — Formation of contracts

75. The nullity of a contract made before 1 January 1994 may no longer be pronounced on the basis of an inexcusable error on the part of one of the parties.

1992, c. 57, s. 75.

76. The defect of consent induced by fraud committed before 1 January 1994 by one of the parties to the contract or by a third person with the knowledge of one of the parties may henceforth be invoked by the other party even where he would still have contracted, but on different terms.

1992, c. 57, s. 76.

77. No action based on fear induced by a third person in a party to a contract made before 1 January 1994 may henceforth be received or maintained if the violence exerted or threats made by the third person were unknown to the other party at the time the contract was made.

1992, c. 57, s. 77.

78. The provisions of articles 1407, 1408 and 1421 of the new Code concerning, respectively, the remedies available to the person whose consent is vitiated, the power granted to the court to maintain, in certain cases, a contract in respect of which a demand for annulment has been made, and the presumption of relative nullity of a contract which does not meet the necessary conditions of its formation, are applicable to contracts formed before 1 January 1994.

1992, c. 57, s. 78.

79. The relative nullity of a contract made before 1 January 1994 may, in the conditions set forth in article 1420 of the new Code, be invoked by the party contracting with the person in whose interest the nullity is established.

1992, c. 57, s. 79.

80. The confirmation of a contract given prior to 1 January 1994 but which does not comply with the conditions of article 1214 of the former Code is nevertheless valid if it satisfies the conditions established by article 1423 of the new Code.

1992, c. 57, s. 80.

II.  — Interpretation of contracts

81. The provisions of article 1432 of the new Code, concerning the interpretation of contracts of adhesion or consumer contracts, apply to existing contracts.

1992, c. 57, s. 81.

III.  — Effects of contracts

82. Abusive, illegible or incomprehensible clauses of a contract made prior to the new legislation are null, or the obligation arising from them may be reduced, in the conditions set forth in articles 1436 and 1437 of the new Code.

1992, c. 57, s. 82.

83. In any contract made before 1 January 1994, the former legislation continues to apply to the warranties, both legal or conventional, to which the contracting parties are obliged between themselves or in respect of their heirs or successors by particular title.

1992, c. 57, s. 83.

84. The provisions of article 1456 of the new Code, concerning the bearing of risks attached to a property which is the subject of a real right transferred by contract, do not apply to situations in which the obligation to deliver the property, even where exigible after 31 December 1993, arises from a transfer made before 1 January 1994.

1992, c. 57, s. 84.

IV.  — Civil liability

85. The conditions of civil liability are governed by the legislation in force at the time of the fault or act which causes the injury.

1992, c. 57, s. 85.

86. The right of a person to damages for injury suffered by reason of the death of another person continues to be governed by the provisions of article 1056 of the former Code, provided the death occurred as a result of a fault or act having occurred prior to 1 January 1994.

1992, c. 57, s. 86.

V.  — Performance of obligations

87. Payment is governed by the legislation in force at the time it is made.

1992, c. 57, s. 87.

88. The rights of a creditor in case of nonperformance of an obligation of a debtor are governed by the legislation in force at the time of the nonperformance, subject to the provisions which follow.

1992, c. 57, s. 88.

89. A stipulation or statement made prior to 1 January 1994 and intended to exempt the creditor from the obligation to prove that the debtor is in default by operation of law is without effect.

1992, c. 57, s. 89.

90. The provisions of article 1604 of the new Code, concerning the resolution or resiliation of a contract and the reduction of the obligations arising from it, apply as of 1 January 1994, even where nonperformance by the debtor occurred before that time.

1992, c. 57, s. 90.

91. The provisions of articles 1614 and 1615, the second paragraph of article 1616 and article 1618 of the new Code, concerning damages for bodily injury and interest on certain damages, are applicable to applications filed after 31 December 1993, even where the nonperformance of the obligation or the fault or act causing the injury occurred before 1 January 1994.

1992, c. 57, s. 91.

92. The provisions of articles 1623 to 1625 of the new Code are applicable to penal clauses not yet executed, even if the nonperformance of the obligation occurred previously.

1992, c. 57, s. 92.

93. Pending oblique or paulian actions may not be dismissed for the sole reason that the claim of the plaintiff was not liquid and exigible at the time the action was instituted.

1992, c. 57, s. 93.

VI.  — Transfer and alteration of obligations

94. The assignment of a claim is governed by the legislation in force when the assignment is made, but the conditions provided by the new Code for setting it up are applicable to an assignment made prior to 1 January 1994 if the conditions provided by the former Code have not yet been fulfilled.

1992, c. 57, s. 94.

95. Stipulations made prior to 1 January 1994 which render subrogation dependent on the prior consent of the debtor are without effect for the future.

1992, c. 57, s. 95.

VII.  — Extinction of obligations

96. The discharge of a debtor, following the acquisition, prior to 1 January 1994 by a privileged or hypothecary creditor of property which belonged to him, continues to be governed by the former legislation.

1992, c. 57, s. 96.

VIII.  — Restitution of prestations

97. The provisions of articles 1699 to 1707 of the new Code are applicable to restitutions based on former causes of restitution but made after 31 December 1993.

1992, c. 57, s. 97.

§ 2 . — Nominate contracts

I.  — Contracts of sale

98. The opposability of reservation of ownership or a right of redemption of movable property which was acquired for the service or carrying on of an enterprise is subject to the provisions of section 162.

1992, c. 57, s. 98.

99. In instalment sales made before 1 January 1994, transfers of the risks of loss of the property continue to be governed by the former legislation.

1992, c. 57, s. 99.

100. By way of exception to article 1753 of the new Code, a right of redemption stipulated before 1 January 1994 for a term exceeding five years retains its original term.

1992, c. 57, s. 100.

101. Bulk sales made before 1 January 1994 continue to be governed by the provisions of articles 1569a and following of the former Code.

1992, c. 57, s. 101.

102. Article 1801 of the new Code applies to clauses of giving in payment stipulated in an act constituting a hypothec before 1 January 1994 if, at that time, the right to execution thereof has not yet been acquired by completion of the formalities set out in article 1040a of the former Code.

The rights attached to clauses of giving in payment which survive or are executed pursuant to the first paragraph, and the rights arising from the execution of such clauses, are also maintained.

1992, c. 57, s. 102.

II.  — Contracts of gift

103. The provisions of article 1812 of the new Code concerning the promise of a gift are applicable to promises made prior to 1 January 1994.

However, where the promise is not fulfilled, the beneficiary of the promise is entitled to damages equivalent only to the benefits he has granted and the expenses he has incurred since 1 January 1994.

1992, c. 57, s. 103.

104. A donee who, at the time of a gift inter vivos made by marriage contract before 1 January 1994, obligated himself to pay future debts or charges of an undetermined nature and amount, is thenceforth bound by that obligation only up to the value of the property given.

1992, c. 57, s. 104.

105. Gifts in contemplation of death validly made pursuant to the provisions of the former Code may not be annulled on the basis of the provisions of article 1840 of the new Code, even where their acceptance takes place after 31 December 1993.

1992, c. 57, s. 105.

106. The provisions of article 1841 of the new Code are applicable to gifts in contemplation of death made before 1 January 1994, provided such gifts have not yet been executed on 1 January 1994.

1992, c. 57, s. 106.

III.  — Contracts of leasing

107. The opposability of the rights of ownership of a lessor which arise from a contract of leasing in force is subject to the provisions of section 162.

1992, c. 57, s. 107.

IV.  — Contracts of lease

108. A sublessor of a dwelling other than a room is not required to provide a prior notice of termination of a lease under article 1940 of the new Code if the lease is entered into before 1 January 1994 and terminates within ten days after 1 January 1994.

1992, c. 57, s. 108.

109. The provisions of the last paragraph of article 1955 of the new Code do not apply to a lease entered into before 1 January 1994.

1992, c. 57, s. 109.

110. Except in the case contemplated in article 1958 of the new Code, the person who, on 1 January 1994, is the owner of an undivided share of an immovable may repossess a dwelling therein if the conditions set forth in subparagraphs 2 and 3 of the second paragraph of article 1659 of the former Code are fulfilled.

1992, c. 57, s. 110.

111. The provisions of article 1988 of the new Code, concerning the remedies of a lessor in the case of a false statement by the lessee, are applicable to statements made one year or less before 1 January 1994.

The period provided in article 1988 runs from 1 January 1994.

1992, c. 57, s. 111.

V.  — Contracts of carriage

112. The right of action against a carrier of property in respect of loss or damage occurring before 1 January 1994 continues to be governed by the provisions of article 1680 of the former Code.

1992, c. 57, s. 112.

113. The provisions of articles 2080 to 2084 of the new Code concerning the liability of the handling contractor apply only if the fault or act which caused the injury occurred after 31 December 1993; if this is not the case, the fault or act continues to be governed by the former legislation, even where the injury becomes evident only after 31 December 1993.

1992, c. 57, s. 113.

VI.  — Contracts of enterprise or for services

114. Articles 2118 to 2121 and 2124 of the new Code apply in respect of losses resulting from a defect or poor workmanship, to the extent that the origin of the defect or poor workmanship is subsequent to 31 December 1993.

1992, c. 57, s. 114.

VII.  — Contracts of partnership and of association

115. Civil partnerships become general partnerships as of 1 January 1994; the liability of the partnership and the partners towards third persons nevertheless continues to be governed by the former legislation for acts performed and obligations contracted before that time.

Such partnerships are bound to make declarations, in accordance with the provisions of articles 2189 and 2190 of the new Code, within one year from 1 January 1994; if they fail to do so, they become undeclared partnerships.

1992, c. 57, s. 115.

116. Anonymous partnerships become undeclared partnerships.

The liability of the partners towards third persons continues, however, to be governed by the provisions of article 1870 of the former Code with respect to any obligation contracted before 1 January 1994.

1992, c. 57, s. 116.

117. Joint-stock companies which, under article 1889 of the former Code, are subject to the general rules established for commercial partnerships under a collective name become general partnerships.

1992, c. 57, s. 117.

118. Partnerships which have not made a declaration on 1 January 1994 become undeclared partnerships, pursuant to the provisions of the new Code, unless they make a declaration before the expiry of a period of one year from 1 January 1994.

1992, c. 57, s. 118.

119. The liability of the partners of a general or limited partnership towards third persons in respect of obligations of the partnership resulting from an incomplete, inaccurate or irregular declaration or from a failure to produce an amending declaration, is governed by the legislation in force at the time the obligation arises.

1992, c. 57, s. 119.

120. The right of a partner under article 2209 of the new Code to exclude a person who is not a member of the partnership and who has acquired the share of one of the partners by onerous title may be exercised in respect of any acquisition made in the year preceding 1 January 1994.

In such a case, the period of 60 days provided in article 2209 runs from 1 January 1994.

1992, c. 57, s. 120.

121. Acts performed and obligations contracted by a general or limited partnership or by a partner thereof before 1 January 1994 continue to be governed by the former legislation for matters concerning all relations of the partnership and the partners with third persons.

1992, c. 57, s. 121.

122. The provisions of the second paragraph of article 2244 of the new Code are applicable to acts of interference by special partners before 1 January 1994.

1992, c. 57, s. 122.

123. The provisions of article 2245 of the new Code apply to existing situations in which the general partners are unable to act, and the period of 120 days provided in that article for replacing the general partners runs from 1 January 1994.

1992, c. 57, s. 123.

124. Any stipulation whereby a special partner is bound to secure or assume the debts of a limited partnership beyond the agreed amount of his contribution is without effect from 1 January 1994.

1992, c. 57, s. 124.

125. A liquidation of a partnership begun before 1 January 1994 is continued under the former legislation, but the powers of the liquidator are as provided in the new Code.

Liquidation of a partnership is deemed to begin upon designation of the liquidator.

1992, c. 57, s. 125.

VIII.  — Contracts of deposit

126. The liability of an innkeeper resulting from deposits made prior to 1 January 1994 continues to be governed by the provisions of articles 1814 to 1816 of the former Code.

1992, c. 57, s. 126.

IX.  — Contracts of loan

127. The provisions of article 2332 of the new Code, concerning the nullity or reduction of the obligations arising from a loan of a sum of money, as well as the revision of the terms and conditions of their performance, apply to existing contracts only with respect to the resulting pecuniary obligations.

1992, c. 57, s. 127.

X.  — Contracts of suretyship

128. The effects in respect of the surety of forfeiture of the term by the principal debtor are determined by the legislation in force at the time of the forfeiture.

1992, c. 57, s. 128.

129. Any renunciation in advance of the right to be provided with information or the benefit of subrogation, made by a surety before 1 January 1994, ceases to have effect.

1992, c. 57, s. 129.

130. The obligations of the heirs of a surety are extinguished as of 1 January 1994, except with respect to debts existing at that time.

1992, c. 57, s. 130.

131. A suretyship attached to the performance of special duties which ceased before 1 January 1994 terminates on 1 January 1994, except with respect to existing debts.

1992, c. 57, s. 131.

XI.  — Contracts of annuity

132. The right of an annuitant to require that the forced sale of a property which is hypothecated to secure payment of his annuity be carried out subject to his annuity may be exercised only if the process leading to the sale begins before 1 January 1994; otherwise, the annuitant may only demand, pursuant to article 2387 of the new Code, that the creditor furnish him with sufficient surety to ensure continued payment of the annuity.

1992, c. 57, s. 132.

DIVISION VI PRIOR CLAIMS AND HYPOTHECS

133. Property charged as security under the rules of the former legislation continues to be governed by that legislation to the extent that the right to the realization of the security has been acquired by the sending and publication of the notices required under the former legislation or, if not, by means of a judicial demand, before 1 January 1994.

If the right to the realization of the security has not yet been acquired, the new legislation is applicable.

1992, c. 57, s. 133.

134. Subject to registration, if the former legislation so required, within the time prescribed by that legislation,

(1)  conventional securities other than transfers of claims contemplated by section 136 become conventional, movable or immovable hypothecs, depending on whether the property charged is movable or immovable property;

(2)  hypothecs created by will become conventional hypothecs;

(3)  legal or judicial hypothecs become legal hypothecs if the new legislation attributes this quality to the claims on which they are based;

(4)  legal hypothecs in favour of minors or persons of full age under tutorship or curatorship continue to be legal hypothecs as long as the tutor or curator does not offer another security of sufficient value pursuant to articles 242, 243 and 266 of the new Code;

(5)  privileges become either prior claims or legal hypothecs, depending on the quality attributed by the new legislation to the claims on which they are based. However, the privilege of the seller of an immovable becomes a legal hypothec; the privilege of the lessor of an immovable, other than a residential immovable, on the furniture becomes a legal movable hypothec which retains its opposability for a period of not more than ten years provided it is published, as though it were a renewal made in accordance with section 157.

The abovementioned securities conserve their rank under the former legislation in all cases; however, hypothecs on property which, by reason of the application of the new legislation, have changed in nature must, to conserve their rank, be published in the appropriate register within the following 12 months.

Former legal or judicial securities, other than the privilege of the seller of an immovable, based on claims which, under the new legislation, no longer have preference, become prior claims collocated after all other prior claims.

1992, c. 57, s. 134.

135. In no case does the application of the new legislation have the effect of changing the initial object of the security, without prejudice to the powers granted to the court by article 2731 of the new Code.

1992, c. 57, s. 135.

136. Transfers of present and future rents produced by an immovable, and transfers of indemnities provided by the insurance contracts covering the rents, become immovable hypothecs; they rank according to the date of registration of the acts in which they are contained, unless they have a different rank under the former legislation. Any such transfer not contained in an act entered either in the index of immovables in territory with a cadastral survey or in the index of names in territory without a cadastral survey requires, to conserve its rank, renewal of registration or registration, as the case may be, in the land register before 27 February 1996; the renewal or registration are effected by notice.

Transfers by bill of lading become conventional hypothecs and conserve their initial rank, provided they are registered before 27 February 1996.

1992, c. 57, s. 136; 1995, c. 33, s. 1.

137. The opposability of a stipulation of unseizability made in respect of movable property before 1 January 1994 is subject to the provisions of section 162.

1992, c. 57, s. 137.

138. An alienation of property having been the object of a movable security, made prior to 1 January 1994 and outside the ordinary course of business of an enterprise, is subject to the provisions of article 2700 of the new Code.

However, the period for registration of the notice provided in that article runs from 31 August 1996, but the creditor may register the notice at any time before that date.

1992, c. 57, s. 138; 1995, c. 33, s. 2.

139. The provisions of article 2723 of the new Code, concerning cancellation of the notice of crystallization of a floating hypothec, are applicable to notices of omission or breach registered pursuant to article 1040a of the former Code.

1992, c. 57, s. 139.

140. The privileges acquired by workmen as a result of work done on an immovable and completed before 1 January 1994 are subject to publication of a notice of preservation of legal hypothec within 30 days after that date, provided they still exist on that date.

1992, c. 57, s. 140.

DIVISION VII PROOF

141. In questions of preconstituted proof and legal presumptions, the applicable legislation is the legislation in force on the day on which the juridical act is entered into or the facts occur.

1992, c. 57, s. 141.

142. The rule of interpretation stated in the second paragraph of article 2847 of the new Code, establishing that a presumption concerning “presumed” facts is simple and a presumption concerning “deemed” facts is absolute, applies to legislation other than the Civil Code of Québec and the Code of Civil Procedure only from the date fixed by the Government.

1992, c. 57, s. 142.

DIVISION VIII PRESCRIPTION

143. A person who, on 1 January 1994, has not yet acquired ownership by prescription is subject to the provisions of the first paragraph of article 2918 of the new Code if he has possessed, as owner, an immovable registered in the land register consisting of the index of immovables, in the mining register or in the register of public service networks, or an immovable situated in territory without a cadastral survey; the judicial demand to acquire ownership thereof by prescription shall be the subject of an advance registration.

A person who, on 1 January 1994, has become the owner of an immovable by prescription, pursuant to the former legislation, may still apply to the court in whose territory the immovable is located to obtain, by motion, judicial recognition of his right of ownership.

1992, c. 57, s. 143.

DIVISION IX PUBLICATION OF RIGHTS

§ 1 . — Publication by registration in the land register

144. The introduction, in a registration division, of a land register consisting of land books made up of land files, in accordance with article 2972 of the new Code, is made public by publication by the Minister of Justice, in the Gazette officielle du Québec, of a notice indicating that the land register, within the meaning of the new Code, is fully operational, from the date it indicates, for the publication of rights concerning the immovables or the territory designated in the notice. A notice of the publication in the Gazette officielle du Québec is given in a daily or weekly newspaper distributed in the registration division concerned.

The notice published in the Gazette officielle du Québec contains the description of the territory of the registration division in which the new land book has been introduced and indicates the location of the registry office; it may also make reference to the regulation describing the territories of the registration divisions which will have the new land register.

1992, c. 57, s. 144.

145. Until the land register in a registration division is composed of land books made up of land files, in accordance with article 2972 of the new Code, the application of the provisions of Book Nine of that Code is subordinate to the provisions of this division.

In such a registration division, the land register takes the form of the index of immovables, if such an index was established, and, where applicable, the mining register or the register of public service networks and immovables situated in territory without a cadastral survey.

1992, c. 57, s. 145.

146. In each registration division where there is no land register within the meaning of article 2972 of the new Code, the index of immovables, the existing cadastral plans and where applicable, existing books of reference, the mining register and the supplementary card-index file of names are continued, together with the index of names and the complementary register of entries made in the margin of applications which are part of the records of the registry office.

Notwithstanding article 3035 of the new Code, until a file is opened for an immovable situated in territory without a cadastral survey, an application not evidencing a real right established by agreement but concerning the immovable gives rise to registration in the index of names.

From 1 January 1994, the mining register will be known as the register of real rights of State resource development, and the card-index file of the holders of mining rights will be known as the Directory of holders of real rights.

1992, c. 57, s. 146.

147. The index of immovables, the existing cadastral plans and, where applicable, existing books of reference, the register of real rights of State resource development and the Directory which supplements it are continued in all registry offices until a land file has been opened in the land register, within the meaning of article 2972 of the new Code, for all the immovables entered therein.

1992, c. 57, s. 147.

148. A register of public service networks and immovables situated in territory without a cadastral survey is kept at the registry office of every registration division where there is no land register within the meaning of article 2972 of the new Code.

The register consists of as many land files, opened under serial numbers, as there are immovables situated in territory without a cadastral survey and public service networks in the division of the registry office. The Directory of holders of real rights provided for in the third paragraph of section 146 supplements the register.

The register and Directory are continued until a land file has been opened in the land register, within the meaning of the new Code, for all the immovables entered therein.

1992, c. 57, s. 148.

149. Where the land register in a registration division takes the form of the index of immovables, the register of real rights of State resource development or the register of public service networks and immovables situated in territory without a cadastral survey, publication of rights is effected by a registration, in the index or register, indicating summarily the nature of the document presented and referring to the application under which registration was requested; such a registration is equivalent to registration in the register within the meaning of the new Code.

Consultation of the register shall be completed by analysis of the application to which reference is made in the registration.

A person who does not consult the appropriate register and the application to which reference is made in the registration is not in good faith.

1992, c. 57, s. 149; 1995, c. 33, s. 3.

149.1. For the period from 1 January 1994 to 31 August 1995 and subject to the rights of third persons in good faith whose rights were published during that period, absence of an indication as to the extent of a right or insufficiency or inaccuracy in stating the nature or extent of a right either in a registration effected under section 149 as it read on 30 August 1995 or in the application on which the registration is based, where the application is made by means of a summary, shall not affect the rights of the parties to the application who benefit from the registration, if analysis of the application or, where the application is made by means of a summary, of the accompanying document compensates for the absence, insufficiency or inaccuracy.

1995, c. 33, s. 4.

149.2. A person may complete an application made by means of an extract during the period from 1 January 1994 to 31 August 1995 by presenting at the registry office, within 180 days after the end of that period, an authentic copy of the act, accompanied with a notice in duplicate for every act concerned establishing the connection between the act and the extract and indicating, in addition to the description of the immovables, the place of registration and the registration number of the extract. The notice, which does not require certification, shall be entered in the registers.

From the registration of the notice and subject to the rights of third persons in good faith whose rights were published during the period from 1 January 1994 to the date of registration, the provisions of section 149.1, adapted as required, apply to the extract.

1995, c. 33, s. 4.

150. Where the land register takes the form of the index of immovables, the register of real rights of State resource development or the register of public service networks and immovables situated in territory without a cadastral survey, the registration of a real right established by agreement takes effect only from registration of the grantor’s title.

1992, c. 57, s. 150.

151. Where the land register takes the form of the register of real rights of State resource development, a right in respect of which a land file has been opened may be set up against third persons only from the time correspondence is established with the index of immovables, if any. No duty is then exigible for publication of the abandonment or revocation of a real right of State resource development which is not exempt from registration.

1992, c. 57, s. 151.

152. Until the introduction of the land register within the meaning of article 2972 of the new Code, and subject to this division and the regulations thereunder, immovables which become immatriculated are entered in the index of immovables.

In addition, subject to the same restrictions, a file is opened in the register of real rights of State resource development in respect of every real right of State resource development created which the law declares to be property separate from the land on which it is exercisable.

1992, c. 57, s. 152.

153. Where, in a registration division, there is no land register within the meaning of article 2972 of the new Code,

(1)  the registration of a hypothec which is extinguished, or of a restriction to the right to alienate, or of any other right with a fixed term, which, according to the appropriate register and the application to which reference is made in the registration, has expired, shall be cancelled upon the filing of a single copy of an application therefor, signed by any interested person;

(2)  the publication of any real right in an immovable which has been the subject of a plan prepared under section 1 of the Cadastre Act (R.S.Q., chapter C-1) shall be renewed within two years after the corresponding file is opened, by publication of a notice in conformity with article 2942 of the new Code designating the immovable concerned in the manner prescribed by the said Code.

If the publication is not renewed, the rights preserved by the original registration have no effect against other creditors and subsequent purchasers whose claims have been regularly registered;

(3)  the presumption of accuracy of the cadastral plan does not prevail over the titles.

1992, c. 57, s. 153.

154. Where, in a registration division, there is no land register within the meaning of article 2972 of the new Code, and where the new Code makes reference

(0.1)  in article 2934, to the publication of rights effected by their registration in the land register, it means the publication of rights effected by registration under section 149, which is effective only in respect of rights admitting or requiring publication that are mentioned in the application for registration or, where the application is made by means of a summary, in the accompanying document;

(1)  in article 2972, to land files, it means the pages of the index of immovables, of the register of real rights of State resource development or of the register of public service networks and immovables situated in territory without a cadastral survey;

(2)  in articles 3003 and 3011, to a certified statement of registration, it means a duplicate of the application filed bearing a certificate of registration;

(3)  in article 3019, to a certified statement of rights registered in the registers, it means a statement certified by the registrar of the real rights affecting a particular immovable or in respect of the owner of the immovable in the written requisition which designates the owner and the immovable concerned. Mention of the requisition shall be made in the certificate;

(4)  in article 3057, to a registration which strikes a previous registration from the appropriate register, it means an entry made in the margin of the document or application establishing the right in respect of which cancellation is sought. Reference is made in the appropriate register to the registration number of the application authorizing the cancellation.

1992, c. 57, s. 154; 1995, c. 33, s. 5.

155. Until the land register in a registration division is composed of land books made up of land files, in accordance with article 2972 of the new Code, and until the registrations of real rights concerning an immovable are entered on a land file after filing of the updating report at the registry office, the articles of Book Nine of the new Code shall be considered in the light of the following restrictions:

(1)  for the purposes of articles 2943, 2944, 2957 and 2962, the immovable is considered as not having been immatriculated;

(2)  articles 2973 to 2975, article 3058, the second paragraph of article 3059 and article 3064 are not applicable;

(2.1)  articles 2981 and 2986 do not apply to applications for registration which relate to the land register;

(2.2)  the following provisions apply in place of the provisions of the second paragraph of article 2982:

“The application is made by presenting the act itself or an authentic extract thereof, by means of a summary of the document or, where the law so provides, by means of a notice. It contains, in particular, the identity of the holders and grantors of the rights, the description of the property affected and any other particular prescribed by law or by the regulations under this Book.”;

(2.3)  a title registered in the appropriate register is considered to be validly published, within the meaning of articles 2988 and 2991;

(2.4)  the restrictions contained in the second paragraph of article 2991 concerning the content of applications for registration are not applicable;

(3)  the second paragraph of article 2996, the first paragraph of article 3030, the last paragraph of article 3043 and article 3054 apply only in territories that have been the subject of a cadastral renovation;

(4)  the registrar need not carry out the verifications required by articles 3013 and 3014 concerning the titles of the grantor or last holder of the right concerned or of the State, or concerning the title of indebtedness;

(4.1)  in a territory that has not been the subject of a cadastral renovation, the requirement contained in articles 3036 and 3037 that the measurements of an immovable be mentioned is not applicable and the following provisions apply in place of the provisions of the second paragraph of article 3037:

“The description of a part of lot as the remainder after separation of other parts of the lot is admissible only if the other parts of the lot are described in accordance with the provisions of article 3036.”;

(5)  when a land file is opened, registration of the description of the owner, of the mode of acquisition of the immovable and of the registration number of the title is limited to land books made up of land files, in accordance with article 2972 of the new Code;

(6)  rights are not carried over where a real right must be published with respect to an immovable.

1992, c. 57, s. 155; 1995, c. 33, s. 6.

155.1. In a territory that has not been the subject of a cadastral renovation, article 3042 of the new Code does not apply where the application for registration of a transfer, cession or right referred to in the said article contains a declaration of the person authorized to expropriate the immovable or to appropriate a right of ownership therein, to the effect that the immovable, comprised of the required part and the remainder, corresponded to one or more parts of lot at the time of registration of the notice of expropriation or appropriation.

1995, c. 33, s. 7.

156. Acts made before 1 January 1994 may be published without the accompanying certificate contemplated in articles 2988 to 2991 of the new Code.

1992, c. 57, s. 156; 1995, c. 33, s. 8.

§ 2 . — Publication of personal and movable real rights

157. Publications of transfers of property in stock, pledges of agricultural and forest property, commercial pledges and other movable real securities created and registered in accordance with the former legislation must be renewed within 12 months from 1 January 1994 by registration in the register of personal and movable real rights; the same applies to movable hypothecs published pursuant to the second paragraph of section 134.

Registration of the notice of renewal in the register of personal and movable real rights preserves the opposability of the security, notwithstanding article 2942 of the new Code, at the rank it held on the date of the first prior publication, regardless of the other dates of publication of the same security.

If the publication is not renewed, the rights preserved by the original registration have no effect, upon the expiry of 15 months after 31 December 1993, in respect of other creditors or subsequent purchasers in good faith whose claims have been regularly published.

1992, c. 57, s. 157.

157.1. All movable securities created under the former legislation that were not subject to the formality of registration but which have become, under the new legislation, movable hypothecs subject to registration require, to preserve their opposability at their original rank, registration in the register of personal and movable real rights before 31 August 1996.

1995, c. 33, s. 9.

157.2. Notwithstanding article 2700 of the new Code, the period for registering the notice required by the said article to preserve the securities referred to in sections 157 and 157.1 runs, in respect of alienations of property occurring from 1 January 1994 to 31 August 1996, from the latter date, whether the alienation occurs before or after the registration of the securities affected. This rule shall not prevent a creditor from registering a notice before 31 August 1996.

1995, c. 33, s. 9.

158. No application for registration referring to a right the registration of which must be renewed, no prior notice of intention to exercise a hypothecary right and no other notice may be registered unless the right itself is published.

1992, c. 57, s. 158; 1995, c. 33, s. 10.

159. A single notice is sufficient if the movable security for which publication is to be renewed has been published, in accordance with the former legislation, in several registration divisions. In this case, the notice mentions the various registration divisions and indicates the respective registration dates and numbers of the security.

Notwithstanding the second paragraph of article 3007 of the new Code, the registrar may, in the 15 months following 1 January 1994, and if circumstances so require, give priority to applications for registration which are not in the form of a notice of renewal. Any statement of rights registered in the register of personal and movable real rights must indicate the specific dates of certification for each registration.

The registrar is bound, under article 3017 of the new Code, to notify only those creditors whose rights are registered in the register of personal and movable real rights and who have requested registration of their address for the purpose of notification.

1992, c. 57, s. 159.

160. The personal rights and movable real rights registered in accordance with the former legislation and in respect of which the new legislation requires no renewal of registration retain their opposability. The entries may be consulted in the former registers.

1992, c. 57, s. 160.

161. The register of farm and forest pledges, the register of commercial pledges and the register of transfers of property in stock are deemed to be closed as of 1 January 1994, and no cancellation, or reduction of a hypothec, may be made therein after the expiry of a period of 12 months; this period begins to run from 1 January 1994.

The registrar who is depositary of the registers may, pursuant to article 3016 of the new Code, make corrections thereto.

1992, c. 57, s. 161.

162. Where the new legislation, contrary to the former legislation, imposes publication formalities in order to render rights effective or able to be set up against third persons, and in particular in the cases provided for in sections 98, 107 and 137, rights created previously are maintained and preserve their original opposability, provided they are published in the appropriate register within 12 months after publication, by the Minister of Justice, in the Gazette officielle du Québec, of a notice indicating that the register of personal and movable real rights is fully operational, from the date it indicates, for the publication of such rights. A notice of the publication in the Gazette officielle du Québec is also given in the daily newspapers published in Québec or, as the case may be, distributed in Québec.

Until the date fixed by the Minister, the third paragraph of article 2938 and article 2939 of the new Code do not apply and the notice of intention to exercise a hypothecary right is exempt from registration.

However, from the date fixed by the Minister, no notice of intention to exercise a hypothecary right may be registered unless the right on which it is based is published.

1992, c. 57, s. 162.

163. Notices of marriage contracts or changes to marriage contracts entered in the central register of matrimonial regimes are entered as of right in the central register of personal and movable real rights.

1992, c. 57, s. 163.

164. In the 15 months following 1 January 1994, consultation of the register of personal and movable real rights does not grant exemption from consultation, where applicable, of the register of transfers of property in stock, the register of farm and forest pledges, the register of commercial pledges and the index of names.

The registrar who is depositary of the registers or who was qualified to make entries therein may, during that period, issue certified statements of subsisting rights in respect of rights created before 1 January 1994, and may process applications for reduction or cancellation pertaining to such rights.

Before the expiry of that period, the registrar entrusted with the register of personal and movable real rights is bound to issue a certified statement of the rights entered in the register only if such rights were published after 31 December 1993 or if the registration of those rights is the result of a renewal made in accordance with section 157.

1992, c. 57, s. 164.

§ 3 . — Regulations

165. The Government, to take account of the temporary maintenance of the registers currently in use in the registry offices, may take, by regulation, any measures required for the application of this division, including the enactment of provisions other than those provided in Book IX of the new Code, in particular to take account, in the application of the second paragraph of article 3007 and article 3024 of the said Code, of the operating constraints of certain registry offices and to ensure, in those offices, the application of the new rules concerning publication.

The Government may also fix the mode and conditions of introduction of the land register within the meaning of article 2972 of the new Code and the opening of the land files making up the register, and the mode and conditions of introduction of the register of personal and movable real rights.

1992, c. 57, s. 165.

166. Where the land register is not composed of land books made up of land files, in accordance with article 2972 of the new Code, the Minister of Justice may, by order, alter the form of any book, index or register in lieu thereof or to be kept by registrars, or direct new ones to be kept; the order is published in the Gazette officielle du Québec and takes effect from the day mentioned therein, provided that day is not less than 30 days after publication of the order.

Where irregularities are found in the authentication or manner of keeping of the registers, the Minister may, by order, in each particular case, indicate to the registrar the manner of correcting such irregularities. Similarly, he may, if circumstances require, authorize the registrar to part temporarily with the registers or books of which he is depositary to allow them to be replaced or remade; the order identifies the registers or books concerned and fixes the maximum period for which the registrar may part with them.

1992, c. 57, s. 166.

DIVISION X PRIVATE INTERNATIONAL LAW

167. In questions of conflict of laws, the law governing the formal validity of a marriage is determined pursuant to the provisions of the second paragraph of article 3088 of the new Code, even if the marriage was solemnized before 1 January 1994.

1992, c. 57, s. 167.

168. A designation made by will, before 1 January 1994, of the law applicable to a succession which opens after 31 December 1993 has full effect, provided the conditions set forth in the second paragraph of article 3098 of the new Code are satisfied.

1992, c. 57, s. 168.

169. The provisions of article 3100 of the new Code apply to successions which open before 1 January 1994 in respect of property situated in Québec and of which partition has not yet begun on 1 January 1994.

1992, c. 57, s. 169.

170. The provisions of the new Code concerning the recognition and enforcement of foreign decisions do not apply to decisions already rendered on 1 January 1994, or to proceedings pending at that time before foreign authorities.

1992, c. 57, s. 170.

TITLE II CODE OF CIVIL PROCEDURE

171. (Amendment integrated into c. C-25, a. 4).

1992, c. 57, s. 171.

172. (Amendment integrated into c. C-25, a. 12).

1992, c. 57, s. 172.

173. (Omitted).

1992, c. 57, s. 173.

174. (Omitted).

1992, c. 57, s. 174.

175. (Amendment integrated into c. C-25, heading of Chapter I of Title II of Book I).

1992, c. 57, s. 175.

176. (Amendment integrated into c. C-25, a. 26).

1992, c. 57, s. 176.

177. (Amendment integrated into c. C-25, a. 26.1).

1992, c. 57, s. 177.

178. (Amendment integrated into c. C-25, a. 29).

1992, c. 57, s. 178.

179. (Amendment integrated into c. C-25, a. 33).

1992, c. 57, s. 179.

180. (Amendment integrated into c. C-25, a. 34).

1992, c. 57, s. 180.

181. (Amendment integrated into c. C-25, a. 35).

1992, c. 57, s. 181.

182. (Amendment integrated into c. C-25, a. 36).

1992, c. 57, s. 182.

183. (Amendment integrated into c. C-25, a. 36.2).

1992, c. 57, s. 183.

184. (Amendment integrated into c. C-25, heading of Chapter II of Title II of Book I).

1992, c. 57, s. 184.

185. (Amendment integrated into c. C-25, a. 39, French text).

1992, c. 57, s. 185.

186. (Amendment integrated into c. C-25, a. 41).

1992, c. 57, s. 186.

187. (Amendment integrated into c. C-25, a. 50, French text).

1992, c. 57, s. 187.

188. (Amendment integrated into c. C-25, a. 53.1).

1992, c. 57, s. 188.

189. (Amendment integrated into c. C-25, a. 56).

1992, c. 57, s. 189.

190. (Amendment integrated into c. C-25, a. 59).

1992, c. 57, s. 190.

191. (Amendment integrated into c. C-25, a. 60).

1992, c. 57, s. 191.

192. (Amendment integrated into c. C-25, a. 61).

1992, c. 57, s. 192.

193. (Amendment integrated into c. C-25, a. 68).

1992, c. 57, s. 193.

194. (Amendment integrated into c. C-25, a. 70).

1992, c. 57, s. 194.

195. (Amendment integrated into c. C-25, a. 70.2).

1992, c. 57, s. 195.

196. (Amendment integrated into c. C-25, a. 71.1).

1992, c. 57, s. 196.

197. (Amendment integrated into c. C-25, a. 74).

1992, c. 57, s. 197.

198. (Amendment integrated into c. C-25, a. 88).

1992, c. 57, s. 198.

199. (Amendment integrated into c. C-25, a. 89).

1992, c. 57, s. 199.

200. (Amendment integrated into c. C-25, a. 90).

1992, c. 57, s. 200.

201. (Amendment integrated into c. C-25, heading of Chapter V of Title III of Book I).

1992, c. 57, s. 201.

202. (Amendment integrated into c. C-25, a. 94).

1992, c. 57, s. 202.

203. (Amendment integrated into c. C-25, a. 94.1).

1992, c. 57, s. 203.

204. (Amendment integrated into c. C-25, a. 94.2).

1992, c. 57, s. 204.

205. (Amendment integrated into c. C-25, a. 94.3).

1992, c. 57, s. 205.

206. (Amendment integrated into c. C-25, a. 94.5).

1992, c. 57, s. 206.

207. (Amendment integrated into c. C-25, a. 94.6).

1992, c. 57, s. 207.

208. (Amendment integrated into c. C-25, a. 94.7).

1992, c. 57, s. 208.

209. (Amendment integrated into c. C-25, a. 94.8).

1992, c. 57, s. 209.

210. (Amendment integrated into c. C-25, a. 94.9).

1992, c. 57, s. 210.

211. (Amendment integrated into c. C-25, a. 94.10).

1992, c. 57, s. 211.

212. (Amendment integrated into c. C-25, a. 97).

1992, c. 57, s. 212.

213. (Amendment integrated into c. C-25, a. 98).

1992, c. 57, s. 213.

214. (Amendment integrated into c. C-25, a. 100).

1992, c. 57, s. 214.

215. (Amendment integrated into c. C-25, aa. 115-116).

1992, c. 57, s. 215.

216. (Amendment integrated into c. C-25, a. 118).

1992, c. 57, s. 216.

217. (Amendment integrated into c. C-25, a. 119.2).

1992, c. 57, s. 217.

218. (Amendment integrated into c. C-25, a. 123).

1992, c. 57, s. 218.

219. (Amendment integrated into c. C-25, a. 129).

1992, c. 57, s. 219.

220. (Amendment integrated into c. C-25, a. 130).

1992, c. 57, s. 220.

221. (Amendment integrated into c. C-25, a. 132).

1992, c. 57, s. 221.

222. (Amendment integrated into c. C-25, a. 132.1).

1992, c. 57, s. 222.

223. (Amendment integrated into c. C-25, a. 133).

1992, c. 57, s. 223.

224. (Amendment integrated into c. C-25, a. 135.1).

1992, c. 57, s. 224.

225. (Amendment integrated into c. C-25, a. 137).

1992, c. 57, s. 225.

226. (Amendment integrated into c. C-25, a. 139).

1992, c. 57, s. 226.

227. (Amendment integrated into c. C-25, a. 146).

1992, c. 57, s. 227.

228. (Amendment integrated into c. C-25, aa. 146.1-146.3).

1992, c. 57, s. 228.

229. (Amendment integrated into c. C-25, a. 148).

1992, c. 57, s. 229.

230. (Amendment integrated into c. C-25, a. 149).

1992, c. 57, s. 230.

231. (Amendment integrated into c. C-25, a. 150).

1992, c. 57, s. 231.

232. (Amendment integrated into c. C-25, a. 151).

1992, c. 57, s. 232.

233. (Amendment integrated into c. C-25, a. 168).

1992, c. 57, s. 233.

234. (Amendment integrated into c. C-25, a. 176).

1992, c. 57, s. 234.

235. (Omitted).

1992, c. 57, s. 235.

236. (Amendment integrated into c. C-25, a. 185).

1992, c. 57, s. 236.

237. (Amendment integrated into c. C-25, a. 187).

1992, c. 57, s. 237.

238. (Omitted).

1992, c. 57, s. 238.

239. (Amendment integrated into c. C-25, a. 189).

1992, c. 57, s. 239.

240. (Amendment integrated into c. C-25, a. 189.1).

1992, c. 57, s. 240.

241. (Amendment integrated into c. C-25, a. 190).

1992, c. 57, s. 241.

242. (Amendment integrated into c. C-25, a. 191).

1992, c. 57, s. 242.

243. (Amendment integrated into c. C-25, a. 192).

1992, c. 57, s. 243.

244. (Amendment integrated into c. C-25, a. 195).

1992, c. 57, s. 244.

245. (Omitted).

1992, c. 57, s. 245.

246. (Amendment integrated into c. C-25, a. 234).

1992, c. 57, s. 246.

247. (Amendment integrated into c. C-25, a. 246).

1992, c. 57, s. 247.

248. (Amendment integrated into c. C-25, a. 251).

1992, c. 57, s. 248.

249. (Amendment integrated into c. C-25, a. 257).

1992, c. 57, s. 249.

250. (Amendment integrated into c. C-25, a. 258).

1992, c. 57, s. 250.

251. (Amendment integrated into c. C-25, a. 267).

1992, c. 57, s. 251.

252. (Amendment integrated into c. C-25, a. 270).

1992, c. 57, s. 252.

253. (Amendment integrated into c. C-25, a. 275).

1992, c. 57, s. 253.

254. (Omitted).

1992, c. 57, s. 254.

255. (Amendment integrated into c. C-25, a. 294.1).

1992, c. 57, s. 255.

256. (Amendment integrated into c. C-25, a. 296).

1992, c. 57, s. 256.

257. (Amendment integrated into c. C-25, a. 299).

1992, c. 57, s. 257.

258. (Omitted).

1992, c. 57, s. 258.

259. (Omitted).

1992, c. 57, s. 259.

260. (Amendment integrated into c. C-25, a. 304).

1992, c. 57, s. 260.

261. (Amendment integrated into c. C-25, a. 312).

1992, c. 57, s. 261.

262. (Omitted).

1992, c. 57, s. 262.

263. (Amendment integrated into c. C-25, a. 394).

1992, c. 57, s. 263.

264. (Amendment integrated into c. C-25, aa. 394.1-394.5).

1992, c. 57, s. 264.

265. (Amendment integrated into c. C-25, a. 395).

1992, c. 57, s. 265.

266. (Amendment integrated into c. C-25, a. 399).

1992, c. 57, s. 266.

267. (Amendment integrated into c. C-25, a. 400).

1992, c. 57, s. 267.

268. (Amendment integrated into c. C-25, a. 402).

1992, c. 57, s. 268.

269. (Amendment integrated into c. C-25, a. 403).

1992, c. 57, s. 269.

270. (Amendment integrated into c. C-25, heading of Section IV of Chapter III of Title V of Book II, French text).

1992, c. 57, s. 270.

271. (Amendment integrated into c. C-25, a. 405).

1992, c. 57, s. 271.

272. (Amendment integrated into c. C-25, a. 406, French text).

1992, c. 57, s. 272.

273. (Amendment integrated into c. C-25, a. 409).

1992, c. 57, s. 273.

274. (Amendment integrated into c. C-25, a. 413).

1992, c. 57, s. 274.

275. (Amendment integrated into c. C-25, a. 442).

1992, c. 57, s. 275.

276. (Amendment integrated into c. C-25, a. 448).

1992, c. 57, s. 276.

277. (Amendment integrated into c. C-25, a. 453).

1992, c. 57, s. 277.

278. (Amendment integrated into c. C-25, a. 469).

1992, c. 57, s. 278.

279. (Amendment integrated into c. C-25, a. 469.1).

1992, c. 57, s. 279.

280. (Amendment integrated into c. C-25, a. 470).

1992, c. 57, s. 280.

281. (Amendment integrated into c. C-25, a. 473).

1992, c. 57, s. 281.

282. (Amendment integrated into c. C-25, a. 475, French text).

1992, c. 57, s. 282.

283. (Amendment integrated into c. C-25, a. 478.1).

1992, c. 57, s. 283.

284. (Amendment integrated into c. C-25, a. 493).

1992, c. 57, s. 284.

285. (Amendment integrated into c. C-25, a. 494).

1992, c. 57, s. 285.

286. (Amendment integrated into c. C-25, a. 510.1).

1992, c. 57, s. 286.

287. (Amendment integrated into c. C-25, a. 523.1).

1992, c. 57, s. 287.

288. (Amendment integrated into c. C-25, a. 531).

1992, c. 57, s. 288.

289. (Amendment integrated into c. C-25, a. 534).

1992, c. 57, s. 289.

290. (Amendment integrated into c. C-25, a. 536).

1992, c. 57, s. 290.

291. (Amendment integrated into c. C-25, a. 538).

1992, c. 57, s. 291.

292. (Amendment integrated into c. C-25, a. 540).

1992, c. 57, s. 292.

293. (Amendment integrated into c. C-25, a. 541).

1992, c. 57, s. 293.

294. (Amendment integrated into c. C-25, a. 543).

1992, c. 57, s. 294.

295. (Amendment integrated into c. C-25, a. 547).

1992, c. 57, s. 295.

296. (Amendment integrated into c. C-25, a. 552).

1992, c. 57, s. 296.

297. (Amendment integrated into c. C-25, a. 553).

1992, c. 57, s. 297.

298. (Amendment integrated into c. C-25, a. 553.2).

1992, c. 57, s. 298.

299. (Amendment integrated into c. C-25, a. 557).

1992, c. 57, s. 299.

300. (Amendment integrated into c. C-25, a. 563).

1992, c. 57, s. 300.

301. (Amendment integrated into c. C-25, a. 564).

1992, c. 57, s. 301.

302. (Amendment integrated into c. C-25, a. 569).

1992, c. 57, s. 302.

303. (Amendment integrated into c. C-25, a. 571).

1992, c. 57, s. 303.

304. (Amendment integrated into c. C-25, a. 583).

1992, c. 57, s. 304.

305. (Amendment integrated into c. C-25, a. 590).

1992, c. 57, s. 305.

306. (Amendment integrated into c. C-25, a. 592).

1992, c. 57, s. 306.

307. (Amendment integrated into c. C-25, aa. 592.2-592.4).

1992, c. 57, s. 307.

308. (Amendment integrated into c. C-25, aa. 594-594.1).

1992, c. 57, s. 308.

309. (Omitted).

1992, c. 57, s. 309.

310. (Amendment integrated into c. C-25, a. 595.1).

1992, c. 57, s. 310.

311. (Amendment integrated into c. C-25, a. 598).

1992, c. 57, s. 311.

312. (Amendment integrated into c. C-25, a. 599).

1992, c. 57, s. 312; 1993, c. 72, s. 22.

313. (Omitted).

1992, c. 57, s. 313.

314. (Amendment integrated into c. C-25, a. 604).

1992, c. 57, s. 314.

315. (Amendment integrated into c. C-25, a. 606).

1992, c. 57, s. 315.

316. (Amendment integrated into c. C-25, a. 610).

1992, c. 57, s. 316.

317. (Amendment integrated into c. C-25, a. 611.1).

1992, c. 57, s. 317.

318. (Amendment integrated into c. C-25, aa. 613-616.1).

1992, c. 57, s. 318.

319. (Amendment integrated into c. C-25, a. 621).

1992, c. 57, s. 319.

320. (Amendment integrated into c. C-25, a. 625).

1992, c. 57, s. 320.

321. (Amendment integrated into c. C-25, a. 629).

1992, c. 57, s. 321.

322. (Amendment integrated into c. C-25, a. 631).

1992, c. 57, s. 322.

323. (Amendment integrated into c. C-25, a. 642).

1992, c. 57, s. 323.

324. (Amendment integrated into c. C-25, a. 651).

1992, c. 57, s. 324; 1993, c. 72, s. 23.

325. (Amendment integrated into c. C-25, a. 652).

1992, c. 57, s. 325.

326. (Amendment integrated into c. C-25, a. 659.3).

1992, c. 57, s. 326.

327. (Amendment integrated into c. C-25, a. 660).

1992, c. 57, s. 327.

328. (Omitted).

1992, c. 57, s. 328.

329. (Amendment integrated into c. C-25, a. 663).

1992, c. 57, s. 329.

330. (Amendment integrated into c. C-25, a. 664).

1992, c. 57, s. 330.

331. (Amendment integrated into c. C-25, a. 665).

1992, c. 57, s. 331.

332. (Amendment integrated into c. C-25, a. 666).

1992, c. 57, s. 332.

333. (Omitted).

1992, c. 57, s. 333.

334. (Amendment integrated into c. C-25, a. 670).

1992, c. 57, s. 334.

335. (Amendment integrated into c. C-25, a. 671).

1992, c. 57, s. 335.

336. (Amendment integrated into c. C-25, a. 672).

1992, c. 57, s. 336.

337. (Amendment integrated into c. C-25, a. 679).

1992, c. 57, s. 337.

338. (Amendment integrated into c. C-25, a. 683).

1992, c. 57, s. 338.

339. (Amendment integrated into c. C-25, a. 684).

1992, c. 57, s. 339.

340. (Amendment integrated into c. C-25, a. 686).

1992, c. 57, s. 340.

341. (Amendment integrated into c. C-25, a. 689).

1992, c. 57, s. 341.

342. (Amendment integrated into c. C-25, a. 696).

1992, c. 57, s. 342.

343. (Amendment integrated into c. C-25, a. 696.1).

1992, c. 57, s. 343.

344. (Amendment integrated into c. C-25, a. 701).

1992, c. 57, s. 344.

345. (Amendment integrated into c. C-25, aa. 703-704).

1992, c. 57, s. 345.

346. (Omitted).

1992, c. 57, s. 346.

347. (Amendment integrated into c. C-25, a. 707).

1992, c. 57, s. 347.

348. (Omitted).

1992, c. 57, s. 348.

349. (Amendment integrated into c. C-25, a. 710).

1992, c. 57, s. 349.

350. (Amendment integrated into c. C-25, a. 711).

1992, c. 57, s. 350.

351. (Amendment integrated into c. C-25, a. 712).

1992, c. 57, s. 351.

352. (Amendment integrated into c. C-25, a. 713).

1992, c. 57, s. 352.

353. (Amendment integrated into c. C-25, a. 714).

1992, c. 57, s. 353.

354. (Amendment integrated into c. C-25, a. 715).

1992, c. 57, s. 354.

355. (Amendment integrated into c. C-25, a. 720, French text).

1992, c. 57, s. 355.

356. (Amendment integrated into c. C-25, a. 721).

1992, c. 57, s. 356.

357. (Amendment integrated into c. C-25, a. 723).

1992, c. 57, s. 357.

358. (Amendment integrated into c. C-25, a. 731).

1992, c. 57, s. 358.

359. (Amendment integrated into c. C-25, a. 734).

1992, c. 57, s. 359.

360. (Amendment integrated into c. C-25, a. 737).

1992, c. 57, s. 360.

361. (Amendment integrated into c. C-25, a. 739).

1992, c. 57, s. 361.

362. (Amendment integrated into c. C-25, a. 742).

1992, c. 57, s. 362.

363. (Amendment integrated into c. C-25, a. 745).

1992, c. 57, s. 363.

364. (Omitted).

1992, c. 57, s. 364.

365. (Amendment integrated into c. C-25, a. 751).

1992, c. 57, s. 365.

366. (Amendment integrated into c. C-25, a. 758).

1992, c. 57, s. 366.

367. (Amendment integrated into c. C-25, aa. 762-812.1).

1992, c. 57, s. 367.

368. (Amendment integrated into c. C-25, a. 813.3).

1992, c. 57, s. 368.

369. (Amendment integrated into c. C-25, a. 813.4).

1992, c. 57, s. 369.

370. (Omitted).

1992, c. 57, s. 370.

371. (Amendment integrated into c. C-25, a. 817.1).

1992, c. 57, s. 371.

372. (Amendment integrated into c. C-25, a. 817.2).

1992, c. 57, s. 372.

373. (Omitted).

1992, c. 57, s. 373.

374. (Amendment integrated into c. C-25, a. 818.2).

1992, c. 57, s. 374.

375. (Amendment integrated into c. C-25, a. 819).

1992, c. 57, s. 375.

376. (Omitted).

1992, c. 57, s. 376.

377. (Amendment integrated into c. C-25, heading of Section III of Chapter VI of Title IV of Book V).

1992, c. 57, s. 377.

378. (Amendment integrated into c. C-25, a. 824.1, French text).

1992, c. 57, s. 378.

379. (Amendment integrated into c. C-25, a. 825.7).

1992, c. 57, s. 379.

380. (Amendment integrated into c. C-25, a. 826).

1992, c. 57, s. 380.

381. (Amendment integrated into c. C-25, a. 826.1).

1992, c. 57, s. 381.

382. (Amendment integrated into c. C-25, a. 826.3).

1992, c. 57, s. 382.

383. (Omitted).

1992, c. 57, s. 383.

384. (Amendment integrated into c. C-25, a. 827.1).

1992, c. 57, s. 384.

385. (Amendment integrated into c. C-25, aa. 828-833).

1992, c. 57, s. 385.

386. (Amendment integrated into c. C-25, heading of Chapter II of Title VI of Book V).

1992, c. 57, s. 386.

387. (Amendment integrated into c. C-25, a. 838).

1992, c. 57, s. 387.

388. (Amendment integrated into c. C-25, a. 841).

1992, c. 57, s. 388.

389. (Amendment integrated into c. C-25, a. 842).

1992, c. 57, s. 389.

390. (Amendment integrated into c. C-25, a. 844).

1992, c. 57, s. 390.

391. (Amendment integrated into c. C-25, a. 852).

1992, c. 57, s. 391.

392. (Amendment integrated into c. C-25, a. 858).

1992, c. 57, s. 392.

393. (Amendment integrated into c. C-25, a. 860).

1992, c. 57, s. 393.

394. (Amendment integrated into c. C-25, a. 862).

1992, c. 57, s. 394.

395. (Amendment integrated into c. C-25, aa. 863-863.3).

1992, c. 57, s. 395.

396. (Amendment integrated into c. C-25, aa. 864-865).

1992, c. 57, s. 396.

397. (Amendment integrated into c. C-25, aa. 865.1-865.6).

1992, c. 57, s. 397.

398. (Amendment integrated into c. C-25, a. 866).

1992, c. 57, s. 398.

399. (Amendment integrated into c. C-25, heading of Chapter V of Book VI).

1992, c. 57, s. 399.

400. (Amendment integrated into c. C-25, aa. 871.1-871.4).

1992, c. 57, s. 400.

401. (Amendment integrated into c. C-25, aa. 872-876.1).

1992, c. 57, s. 401.

402. (Amendment integrated into c. C-25, heading of Chapter VII of Book VI).

1992, c. 57, s. 402.

403. (Amendment integrated into c. C-25, a. 878).

1992, c. 57, s. 403.

404. (Amendment integrated into c. C-25, a. 878.1).

1992, c. 57, s. 404.

405. (Amendment integrated into c. C-25, a. 880).

1992, c. 57, s. 405.

406. (Amendment integrated into c. C-25, a. 883).

1992, c. 57, s. 406.

407. (Amendment integrated into c. C-25, heading of Section II of Chapter VII of Book VI).

1992, c. 57, s. 407.

408. (Amendment integrated into c. C-25, a. 884.1).

1992, c. 57, s. 408.

409. (Amendment integrated into c. C-25, a. 884.4).

1992, c. 57, s. 409.

410. (Amendment integrated into c. C-25, a. 884.6).

1992, c. 57, s. 410.

411. (Amendment integrated into c. C-25, aa. 885-910).

1992, c. 57, s. 411.

412. (Amendment integrated into c. C-25, a. 953).

1992, c. 57, s. 412.

413. (Amendment integrated into c. C-25, a. 954).

1992, c. 57, s. 413.

414. (Amendment integrated into c. C-25, a. 955).

1992, c. 57, s. 414.

415. (Omitted).

1992, c. 57, s. 415.

416. (Amendment integrated into c. C-25, a. 984).

1992, c. 57, s. 416.

417. (Amendment integrated into c. C-25, a. 1048).

1992, c. 57, s. 417.

418. (Omitted).

1992, c. 57, s. 418.

419. (Amendment integrated into c. C-25, Book X).

1992, c. 57, s. 419.

420. (Amendment integrated into c. C-25).

1992, c. 57, s. 420.

421. (Amendment integrated into c. C-25, French text).

1992, c. 57, s. 421.

422. (Amendment integrated into c. C-25, aa. 22, 23, 24, 26, 46, 523, 837, 846, 944.1, 964, French text).

1992, c. 57, s. 422.

TITLE III PROVISIONS RELATING TO OTHER ACTS

CHAPTER I INTERPRETATIVE PROVISIONS

423. In the statutes and statutory instruments, the concepts introduced by the new Code replace the corresponding concepts of the former Code. Some of these corresponding concepts are identified hereinafter:

— IN RESPECT OF THE LAW OF PERSONS:

(1)  “act of burial” corresponds to “act of death” ;

(2)  “corporation within the meaning of the Civil Code of Lower Canada” corresponds to “legal person within the meaning of the Civil Code of Québec” ;

(3)  “municipal corporation” corresponds to “municipality” and “school corporation” corresponds to “school board” ;

(4)  “private or public corporation” corresponds to “legal person established for a private interest or in the public interest” ;

(5)  “curatorship to the absentee” corresponds to “tutorship to the absentee” ;

(6)  “close treatment” corresponds to “confinement of a mentally ill person” ;

(7)  “physical or mental disability” corresponds to “de facto incapacity”, “juridical incapacity” corresponds to “total or partial deprivation of the right to the full exercise of one’s civil rights” and “incapacity to act”, whether temporary or not, corresponds to “inability to act” ;

(8)  “officer of a corporation” or “officer of a body having the rights and general powers of a corporation” corresponds to “senior officer of a legal person” ;

(9)  “rights and general powers of a corporation” corresponds to “capacity of legal persons” ;

(10)  “civil personality” corresponds to “juridical personality”.

— IN RESPECT OF THE LAW OF SUCCESSIONS:

(1)  “testamentary executor” corresponds to “liquidator of the succession” ;

(2)  “legatee” in the expression “heirs and legatees” corresponds to “legatee by particular title”.

— IN RESPECT OF THE LAW OF PROPERTY:

(1)  “emphyteutic lease” corresponds to “emphyteusis” ;

(2)  “trust account” corresponds to “account held in trust” and “trust deed” [acte de fidéicommis], where the object of the deed entails a transfer of ownership, corresponds to “trust deed” [acte de fiducie].

— IN RESPECT OF THE LAW OF OBLIGATIONS:

(1)  “fortuitous event” corresponds to “superior force” ;

(2)  “offences and quasi-offences” corresponds to “fault in the context of extra-contractual civil liability” ;

(3)  “exemplary damages” corresponds to “punitive damages” ;

(4)  in French texts, “droit de réméré” [right of redemption] corresponds to “faculté de rachat” [right of redemption] and “vente à réméré” [sale with a right of redemption] corresponds to “vente avec faculté de rachat” [sale with a right of redemption];

(5)  “lease and hire of personal services” corresponds to “contract of employment” ;

(6)  “civil partnership” or “commercial partnership” corresponds to “contractual partnership within the meaning of the Civil Code of Québec”, whether the partnership is a general, limited or undeclared partnership;

(7)  “bulk sale” corresponds to “sale of an enterprise”.

— IN RESPECT OF THE LAW OF PRIOR CLAIMS AND HYPOTHECS:

“security by pledge” corresponds to “suretyship by pledge” ; “suretyship by guarantee policy” or “security by guarantee policy” corresponds to “suretyship by insurance policy” ; “hypothecary security” corresponds to “hypothecary suretyship”.

— IN RESPECT OF THE LAW OF EVIDENCE:

“presumption juris et de jure” or “irrebuttable presumption” corresponds to “absolute presumption” whereas “presumption juris tantum” or “rebuttable presumption” corresponds to “simple presumption”.

— IN RESPECT OF PUBLICATION OF RIGHTS:

(1)  in French texts, “bureau d’enregistrement” [registry office] corresponds to “bureau de la publicité des droits” [registry office];

(2)  in French texts, “division d’enregistrement” [registration division] corresponds to “circonscription foncière” [registration division];

(3)  “registration” corresponds to “registration” or “publication” ;

(4)  “index of immovables” or “index to immovables” corresponds to “land register” ;

(5)  in French texts, “régistrateur” [registrar] corresponds to “officier de la publicité des droits” [registrar];

(6)  “register of farm and forest pledges” corresponds to “register of personal and movable real rights”.

— IN RESPECT OF CIVIL PROCEDURE AND REMEDIES:

(1)  “prothonotary” corresponds to “clerk” ;

(2)  “certificate of the registrar” corresponds to “certified statement of the registrar”.

1992, c. 57, s. 423.

424. In the statutes and statutory instruments, any reference to a provision of the former Code is a reference to the corresponding provision of the new Code. In particular,

(1)  any reference to article 981o of the Civil Code of Lower Canada is a reference to the equivalent provision concerning presumed sound investments in the Civil Code of Québec;

(2)  any reference to articles 1203 to 1245 of the Civil Code of Lower Canada is a reference to the corresponding provision of the Book on Evidence of the Civil Code of Québec;

(3)  any reference to articles 1650 to 1665.6 of the Civil Code of Lower Canada is a reference to the corresponding provision of the rules governing the lease of a dwelling in the Book on Obligations of the Civil Code of Québec.

1992, c. 57, s. 424.

CHAPTER II SPECIAL AMENDING PROVISIONS

ACT RESPECTING ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES AND THE PROTECTION OF PERSONAL INFORMATION

425. (Amendment integrated into c. A-2.1, s. 2).

1992, c. 57, s. 425.

ACT RESPECTING INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES

426. (Amendment integrated into c. A-3.001, s. 324).

1992, c. 57, s. 426.

ACT RESPECTING THE ACQUISITION OF FARM LAND BY NON-RESIDENTS

427. (Amendment integrated into c. A-4.1, s. 27).

1992, c. 57, s. 427.

428. (Amendment integrated into c. A-4.1, s. 28).

1992, c. 57, s. 428.

429. (Amendment integrated into c. A-4.1, s. 33).

1992, c. 57, s. 429.

FINANCIAL ADMINISTRATION ACT

430. (Amendment integrated into c. A-6, s. 9.1).

1992, c. 57, s. 430.

ACT RESPECTING LAND USE PLANNING AND DEVELOPMENT

431. (Amendment integrated into c. A-19.1, s. 1).

1992, c. 57, s. 431.

LAND SURVEYORS ACT

432. (Amendment integrated into c. A-23, s. 52).

1992, c. 57, s. 432.

AUTOMOBILE INSURANCE ACT

433. (Omitted).

1992, c. 57, s. 433.

434. (Amendment integrated into c. A-25, s. 12).

1992, c. 57, s. 434.

HEALTH INSURANCE ACT

435. (Amendment integrated into c. A-29, s. 22).

1992, c. 57, s. 435.

ACT RESPECTING FARM-LOAN INSURANCE AND FORESTRY-LOAN INSURANCE

436. (Amendment integrated into c. A-29.1, s. 4).

1992, c. 57, s. 436.

437. (Amendment integrated into c. A-29.1, s. 19).

1992, c. 57, s. 437.

438. (Amendment integrated into c. A-29.1, s. 25.1).

1992, c. 57, s. 438.

ACT RESPECTING INSURANCE

439. (Amendment integrated into c. A-32, s. 93.248).

1992, c. 57, s. 439.

440. (Amendment integrated into c. A-32, s. 422).

1992, c. 57, s. 440.

ACT RESPECTING THE BARREAU DU QUÉBEC

441. (Amendment integrated into c. B-1, s. 6).

1992, c. 57, s. 441.

BUILDING ACT

442. (Omitted).

1992, c. 57, s. 442.

CULTURAL PROPERTY ACT

443. (Amendment integrated into c. B-4, s. 20).

1992, c. 57, s. 443.

444. (Amendment integrated into c. B-4, s. 32.1).

1992, c. 57, s. 444.

ESCHEAT AND CONFISCATION ACT

445. (Omitted).

1992, c. 57, s. 445.

REGISTRY OFFICE ACT

446. (Amendment integrated into c. B-9, title).

1992, c. 57, s. 446.

447. (Amendment integrated into c. B-9, ss. 1-12).

1992, c. 57, s. 447.

CADASTRE ACT

448. (Amendment integrated into c. C-1, s. 10).

1992, c. 57, s. 448.

449. (Omitted).

1992, c. 57, s. 449.

ACT RESPECTING THE CAISSE DE DÉPÔT ET PLACEMENT DU QUÉBEC

450. (Amendment integrated into c. C-2, s. 27).

1992, c. 57, s. 450.

451. (Amendment integrated into c. C-2, s. 33).

1992, c. 57, s. 451.

452. (Amendment integrated into c. C-2, s. 35).

1992, c. 57, s. 452.

ACT RESPECTING THE CAISSES D’ENTRAIDE ÉCONOMIQUE

453. (Amendment integrated into c. C-3, s. 7).

1992, c. 57, s. 453.

454. (Amendment integrated into c. C-3, s. 17).

1992, c. 57, s. 454.

455. (Amendment integrated into c. C-3, s. 20).

1992, c. 57, s. 455.

SAVINGS AND CREDIT UNIONS ACT

456. (Amendment integrated into c. C-4, s. 64).

1992, c. 57, s. 456.

457. (Amendment integrated into c. C-4, s. 64.1).

1992, c. 57, s. 457.

458. (Amendment integrated into c. C-4, s. 64.2).

1992, c. 57, s. 458.

459. (Amendment integrated into c. C-4, s. 78).

1992, c. 57, s. 459.

SAVINGS AND CREDIT UNIONS ACT

460. (Amendment integrated into c. C-4.1, s. 256).

1992, c. 57, s. 460.

461. (Amendment integrated into c. C-4.1, s. 263).

1992, c. 57, s. 461.

ACT RESPECTING THE CENTRE DE RECHERCHE INDUSTRIELLE DU QUÉBEC

462. (Amendment integrated into c. C-8, s. 18).

1992, c. 57, s. 462.

ACT RESPECTING THE CHANGE OF NAME AND OF OTHER PARTICULARS OF CIVIL STATUS

463. (Omitted).

1992, c. 57, s. 463.

RAILWAY ACT

464. (Amendment integrated into c. C-14, s. 10).

1992, c. 57, s. 464.

465. (Amendment integrated into c. C-14, s. 11).

1992, c. 57, s. 465.

466. (Amendment integrated into c. C-14, s. 184).

1992, c. 57, s. 466.

CITIES AND TOWNS ACT

467. (Amendment integrated into c. C-19, s. 26).

1992, c. 57, s. 467.

468. (Amendment integrated into c. C-19, s. 412.16).

1992, c. 57, s. 468.

469. (Amendment integrated into c. C-19, s. 413).

1992, c. 57, s. 469.

470. (Amendment integrated into c. C-19, s. 461).

1992, c. 57, s. 470.

471. (Amendment integrated into c. C-19, s. 482).

1992, c. 57, s. 471.

472. (Amendment integrated into c. C-19, s. 497).

1992, c. 57, s. 472.

473. (Amendment integrated into c. C-19, s. 498).

1992, c. 57, s. 473.

474. (Amendment integrated into c. C-19, s. 523).

1992, c. 57, s. 474.

475. (Amendment integrated into c. C-19, s. 525).

1992, c. 57, s. 475.

476. (Amendment integrated into c. C-19, s. 529).

1992, c. 57, s. 476.

477. (Amendment integrated into c. C-19, s. 532).

1992, c. 57, s. 477.

478. (Amendment integrated into c. C-19, s. 534).

1992, c. 57, s. 478.

479. (Amendment integrated into c. C-19, s. 536).

1992, c. 57, s. 479.

480. (Amendment integrated into c. C-19, s. 540).

1992, c. 57, s. 480.

PROFESSIONAL CODE

481. (Amendment integrated into c. C-26, s. 29).

1992, c. 57, s. 481.

MUNICIPAL CODE OF QUÉBEC

482. (Amendment integrated into c. C-27.1, a. 186).

1992, c. 57, s. 482.

483. (Amendment integrated into c. C-27.1, a. 188).

1992, c. 57, s. 483.

484. (Amendment integrated into c. C-27.1, a. 442).

1992, c. 57, s. 484.

485. (Amendment integrated into c. C-27.1, a. 510).

1992, c. 57, s. 485.

486. (Amendment integrated into c. C-27.1, a. 559).

1992, c. 57, s. 486.

487. (Amendment integrated into c. C-27.1, a. 693).

1992, c. 57, s. 487.

488. (Amendment integrated into c. C-27.1, a. 701).

1992, c. 57, s. 488.

489. (Amendment integrated into c. C-27.1, a. 983).

1992, c. 57, s. 489.

490. (Amendment integrated into c. C-27.1, a. 984).

1992, c. 57, s. 490.

491. (Amendment integrated into c. C-27.1, a. 1032).

1992, c. 57, s. 491.

492. (Amendment integrated into c. C-27.1, a. 1038).

1992, c. 57, s. 492.

493. (Amendment integrated into c. C-27.1, a. 1042).

1992, c. 57, s. 493.

494. (Amendment integrated into c. C-27.1, a. 1044).

1992, c. 57, s. 494.

495. (Amendment integrated into c. C-27.1, a. 1048).

1992, c. 57, s. 495.

496. (Amendment integrated into c. C-27.1, a. 1051).

1992, c. 57, s. 496.

497. (Amendment integrated into c. C-27.1, a. 1058).

1992, c. 57, s. 497.

498. (Amendment integrated into c. C-27.1, a. 1060).

1992, c. 57, s. 498.

GENERAL AND VOCATIONAL COLLEGES ACT

499. (Amendment integrated into c. C-29, s. 6).

1992, c. 57, s. 499.

ACT RESPECTING THE COMMISSION MUNICIPALE

500. (Amendment integrated into c. C-35, s. 55).

1992, c. 57, s. 500.

501. (Amendment integrated into c. C-35, s. 75).

1992, c. 57, s. 501.

502. (Amendment integrated into c. C-35, s. 78).

1992, c. 57, s. 502.

503. (Amendment integrated into c. C-35, s. 79).

1992, c. 57, s. 503.

504. (Amendment integrated into c. C-35, s. 80).

1992, c. 57, s. 504.

505. (Amendment integrated into c. C-35, s. 82).

1992, c. 57, s. 505.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE L’OUTAOUAIS

506. (Amendment integrated into c. C-37.1, s. 178).

1992, c. 57, s. 506.

507. (Inoperative, 1993, c. 36, s. 2).

1992, c. 57, s. 507.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL

508. (Amendment integrated into c. C-37.2, s. 291.26).

1992, c. 57, s. 508.

ACT RESPECTING THE COMMUNAUTÉ URBAINE DE QUÉBEC

509. (Amendment integrated into c. C-37.3, s. 195).

1992, c. 57, s. 509.

COMPANIES ACT

510. (Amendment integrated into c. C-38, s. 31).

1992, c. 57, s. 510.

511. (Amendment integrated into c. C-38, s. 50).

1992, c. 57, s. 511.

512. (Amendment integrated into c. C-38, heading of Division XXII of Part I).

1992, c. 57, s. 512.

513. (Amendment integrated into c. C-38, s. 77).

1992, c. 57, s. 513.

514. (Amendment integrated into c. C-38, s. 123.44).

1992, c. 57, s. 514.

515. (Amendment integrated into c. C-38, s. 134).

1992, c. 57, s. 515.

516. (Amendment integrated into c. C-38, s. 148).

1992, c. 57, s. 516.

517. (Amendment integrated into c. C-38, heading of Division XIV of Part II).

1992, c. 57, s. 517.

518. (Amendment integrated into c. C-38, s. 169).

1992, c. 57, s. 518.

TIMBER-DRIVING COMPANIES ACT

519. (Amendment integrated into c. C-42, s. 29).

1992, c. 57, s. 519.

ACT RESPECTING BILLS OF LADING, RECEIPTS AND TRANSFERS OF PROPERTY IN STOCK

520. (Omitted).

1992, c. 57, s. 520.

CHURCH INCORPORATION ACT

521. (Amendment integrated into c. C-63, s. 1).

1992, c. 57, s. 521.

CONSTITUT OR TENURE SYSTEM ACT

522. (Omitted).

1992, c. 57, s. 522.

COOPERATIVES ACT

523. (Amendment integrated into c. C-67.2, s. 27).

1992, c. 57, s. 523.

524. (Amendment integrated into c. C-67.2, s. 89).

1992, c. 57, s. 524.

ACT RESPECTING ROMAN CATHOLIC CEMETERY CORPORATIONS

525. (Amendment integrated into c. C-69, s. 23).

1992, c. 57, s. 525.

526. (Amendment integrated into c. C-69, s. 34).

1992, c. 57, s. 526.

527. (Omitted).

1992, c. 57, s. 527.

ACT RESPECTING SECURITY FUND CORPORATIONS

528. (Amendment integrated into c. C-69.1, s. 37).

1992, c. 57, s. 528.

529. (Amendment integrated into c. C-69.1, s. 38).

1992, c. 57, s. 529.

ACT RESPECTING MUNICIPAL AND INTERMUNICIPAL TRANSIT CORPORATIONS

530. (Amendment integrated into c. C-70, s. 59).

1992, c. 57, s. 530.

RELIGIOUS CORPORATIONS ACT

531. (Amendment integrated into c. C-71, s. 9).

1992, c. 57, s. 531.

REAL ESTATE BROKERAGE ACT

532. (Amendment integrated into c. C-73, s. 1).

1992, c. 57, s. 532.

533. (Amendment integrated into c. C-73, s. 5).

1992, c. 57, s. 533.

FORESTRY CREDIT ACT

534. (Amendment integrated into c. C-78, s. 3).

1992, c. 57, s. 534.

535. (Amendment integrated into c. C-78, s. 20).

1992, c. 57, s. 535.

536. (Amendment integrated into c. C-78, s. 43).

1992, c. 57, s. 536.

537. (Amendment integrated into c. C-78, s. 45).

1992, c. 57, s. 537.

538. (Amendment integrated into c. C-78, s. 46.1).

1992, c. 57, s. 538.

539. (Amendment integrated into c. C-78, s. 46.7).

1992, c. 57, s. 539.

ACT TO PROMOTE FOREST CREDIT BY PRIVATE INSTITUTIONS

540. (Amendment integrated into c. C-78.1, s. 11).

1992, c. 57, s. 540.

541. (Amendment integrated into c. C-78.1, s. 15).

1992, c. 57, s. 541.

542. (Amendment integrated into c. C-78.1, s. 18).

1992, c. 57, s. 542.

543. (Amendment integrated into c. C-78.1, s. 33).

1992, c. 57, s. 543.

544. (Amendment integrated into c. C-78.1, s. 37).

1992, c. 57, s. 544.

545. (Amendment integrated into c. C-78.1, s. 43).

1992, c. 57, s. 545.

546. (Amendment integrated into c. C-78.1, s. 44).

1992, c. 57, s. 546.

547. (Amendment integrated into c. C-78.1, s. 47).

1992, c. 57, s. 547.

548. (Amendment integrated into c. C-78.1, heading of Division X).

1992, c. 57, s. 548.

549. (Amendment integrated into c. C-78.1, s. 52).

1992, c. 57, s. 549.

550. (Amendment integrated into c. C-78.1, s. 54).

1992, c. 57, s. 550.

551. (Amendment integrated into c. C-78.1, s. 60).

1992, c. 57, s. 551.

PUBLIC CURATOR ACT

552. (Amendment integrated into c. C-81, s. 13).

1992, c. 57, s. 552.

553. (Omitted).

1992, c. 57, s. 553.

554. (Amendment integrated into c. C-81, s. 17).

1992, c. 57, s. 554.

555. (Amendment integrated into c. C-81, s. 18).

1992, c. 57, s. 555.

556. (Amendment integrated into c. C-81, s. 24).

1992, c. 57, s. 556.

557. (Amendment integrated into c. C-81, s. 29).

1992, c. 57, s. 557.

558. (Amendment integrated into c. C-81, s. 34).

1992, c. 57, s. 558.

559. (Amendment integrated into c. C-81, s. 38).

1992, c. 57, s. 559.

560. (Amendment integrated into c. C-81, s. 39).

1992, c. 57, s. 560.

561. (Amendment integrated into c. C-81, s. 40).

1992, c. 57, s. 561.

562. (Amendment integrated into c. C-81, s. 44).

1992, c. 57, s. 562.

563. (Amendment integrated into c. C-81, s. 54).

1992, c. 57, s. 563.

564. (Amendment integrated into c. C-81, s. 55).

1992, c. 57, s. 564.

565. (Amendment integrated into c. C-81, s. 62).

1992, c. 57, s. 565.

566. (Amendment integrated into c. C-81, s. 68).

1992, c. 57, s. 566.

567. (Amendment integrated into c. C-81, s. 200).

1992, c. 57, s. 567.

TERRITORIAL DIVISION ACT

568. (Amendment integrated into c. D-11, s. 1).

1992, c. 57, s. 568.

569. (Amendment integrated into c. D-11, s. 11).

1992, c. 57, s. 569.

LAND TRANSFER DUTIES ACT

570. (Amendment integrated into c. D-17, s. 1).

1992, c. 57, s. 570.

571. (Amendment integrated into c. D-17, s. 40).

1992, c. 57, s. 571.

ACT RESPECTING PROTESTANT CHURCHES ENTITLED TO KEEP CIVIL STATUS REGISTERS

572. (Omitted).

1992, c. 57, s. 572.

ROMAN CATHOLIC BISHOPS ACT

573. (Amendment integrated into c. E-17, s. 10).

1992, c. 57, s. 573.

EXPROPRIATION ACT

574. (Amendment integrated into c. E-24, s. 53.17).

1992, c. 57, s. 574.

ACT RESPECTING FABRIQUES

575. (Amendment integrated into c. F-1, s. 18).

1992, c. 57, s. 575.

576. (Amendment integrated into c. F-1, s. 24).

1992, c. 57, s. 576.

577. (Amendment integrated into c. F-1, s. 26).

1992, c. 57, s. 577.

ACT RESPECTING FARM FINANCING

578. (Inoperative, 1992, c. 32, s. 41).

1992, c. 57, s. 578.

579. (Inoperative, 1992, c. 32, s. 41).

1992, c. 57, s. 579.

580. (Inoperative, 1992, c. 32, s. 41).

1992, c. 57, s. 580.

581. (Inoperative, 1992, c. 32, s. 41).

1992, c. 57, s. 581.

582. (Inoperative, 1992, c. 32, s. 41).

1992, c. 57, s. 582.

583. (Inoperative, 1992, c. 32, s. 41).

1992, c. 57, s. 583.

ACT RESPECTING MUNICIPAL TAXATION

584. (Inoperative, 1993, c. 78, s. 6).

1992, c. 57, s. 584.

ACT TO ESTABLISH THE FONDS DE SOLIDARITÉ DES TRAVAILLEURS DU QUÉBEC (F.T.Q.)

585. (Amendment integrated into c. F-3.2.1, s. 15).

1992, c. 57, s. 585.

FOREST ACT

586. (Amendment integrated into c. F-4.1, s. 9).

1992, c. 57, s. 586; 1993, c. 55, s. 41.

ACT RESPECTING MANPOWER VOCATIONAL TRAINING AND QUALIFICATION

587. (Amendment integrated into c. F-5, s. 7).

1992, c. 57, s. 587.

HYDRO-QUÉBEC ACT

588. (Amendment integrated into c. H-5, s. 31).

1992, c. 57, s. 588.

TAXATION ACT

589. (Amendment integrated into c. I-3, s. 11.2).

1992, c. 57, s. 589.

ENGINEERS ACT

590. (Amendment integrated into c. I-9, s. 13).

1992, c. 57, s. 590.

BURIAL ACT

591. (Omitted).

1992, c. 57, s. 591.

592. (Omitted).

1992, c. 57, s. 592.

ACT RESPECTING THE INSPECTOR GENERAL OF FINANCIAL INSTITUTIONS

593. (Amendment integrated into c. I-11.1, Schedule I).

1992, c. 57, s. 593.

EDUCATION ACT

594. (Amendment integrated into c. I-13.3, s. 331).

1992, c. 57, s. 594.

595. (Amendment integrated into c. I-13.3, s. 342).

1992, c. 57, s. 595.

EDUCATION ACT FOR CREE, INUIT AND NASKAPI NATIVE PERSONS

596. (Amendment integrated into c. I-14, s. 45).

1992, c. 57, s. 596.

597. (Amendment integrated into c. I-14, s. 226).

1992, c. 57, s. 597.

598. (Amendment integrated into c. I-14, s. 370).

1992, c. 57, s. 598.

599. (Amendment integrated into c. I-14, s. 388).

1992, c. 57, s. 599.

600. (Amendment integrated into c. I-14, s. 505).

1992, c. 57, s. 600.

601. (Amendment integrated into c. I-14, s. 557).

1992, c. 57, s. 601.

INTERPRETATION ACT

602. (Amendment integrated into c. I-16, s. 41).

1992, c. 57, s. 602.

603. (Amendment integrated into c. I-16, ss. 41.1-41.4).

1992, c. 57, s. 603.

604. (Amendment integrated into c. I-16, s. 54).

1992, c. 57, s. 604.

605. (Amendment integrated into c. I-16, s. 61).

1992, c. 57, s. 605.

JURORS ACT

606. (Amendment integrated into c. J-2, s. 22).

1992, c. 57, s. 606.

WINDING-UP ACT

607. (Amendment integrated into c. L-4, s. 23).

1992, c. 57, s. 607.

ACT RESPECTING LOTTERIES, PUBLICITY CONTESTS AND AMUSEMENT MACHINES

608. (Amendment integrated into c. L-6, s. 81).

1992, c. 57, s. 608; 1993, c. 71, s. 59.

MORTMAIN ACT

609. The Mortmain Act (chapter M-1) is repealed; the Déclaration Du Roi, concernant les Ordres Religieux et les Gens de main morte, établis aux Colonies Françoises of 25 November 1743 and registered on 5 October 1744 in the Conseil supérieur de Québec (Ins. Cons. Sup. Reg. I., Folio 16. V.) no longer has effect in Québec.

1992, c. 57, s. 609.

MASTER ELECTRICIANS ACT

610. (Amendment integrated into c. M-3, s. 10).

1992, c. 57, s. 610.

MASTER PIPE-MECHANICS ACT

611. (Amendment integrated into c. M-4, s. 9).

1992, c. 57, s. 611.

MINING ACT

612. (Amendment integrated into c. M-13.1, s. 232.9).

1992, c. 57, s. 612.

ACT RESPECTING THE MINISTÈRE DE L’ENVIRONNEMENT

613. (Omitted).

1992, c. 57, s. 613.

ACT RESPECTING THE MINISTÈRE DE LA JUSTICE

614. (Amendment integrated into c. M-19, s. 3).

1992, c. 57, s. 614.

615. (Amendment integrated into c. M-19, s. 4).

1992, c. 57, s. 615.

616. (Amendment integrated into c. M-19, s. 9.1).

1992, c. 57, s. 616.

617. (Omitted).

1992, c. 57, s. 617.

ACT RESPECTING THE MINISTÈRE DES TRANSPORTS

618. (Amendment integrated into c. M-28, s. 12.3).

1992, c. 57, s. 618.

619. (Omitted).

1992, c. 57, s. 619.

ACT RESPECTING THE MINISTÈRE DU REVENU

620. (Omitted).

1992, c. 57, s. 620.

621. (Amendment integrated into c. M-31, s. 12).

1992, c. 57, s. 621.

622. (Omitted).

1992, c. 57, s. 622.

ACT RESPECTING THE MODE OF PAYMENT FOR ELECTRIC AND GAS SERVICE IN CERTAIN BUILDINGS

623. (Amendment integrated into c. M-37, s. 12).

1992, c. 57, s. 623.

ACT RESPECTING DUTIES ON TRANSFERS OF IMMOVABLES

624. (Amendment integrated into c. M-39, s. 1).

1992, c. 57, s. 624.

625. (Amendment integrated into c. M-39, s. 12).

1992, c. 57, s. 625.

626. (Amendment integrated into c. M-39, s. 18).

1992, c. 57, s. 626.

627. (Amendment integrated into c. M-39, s. 20).

1992, c. 57, s. 627.

ACT RESPECTING THE MONTRÉAL MUSEUM OF FINE ARTS

628. (Amendment integrated into c. M-42, s. 16).

1992, c. 57, s. 628.

NOTARIAL ACT

629. (Amendment integrated into c. N-2, s. 9).

1992, c. 57, s. 629.

630. (Amendment integrated into c. N-2, s. 15).

1992, c. 57, s. 630.

631. (Amendment integrated into c. N-2, s. 31).

1992, c. 57, s. 631.

632. (Amendment integrated into c. N-2, s. 33).

1992, c. 57, s. 632.

633. (Amendment integrated into c. N-2, s. 43).

1992, c. 57, s. 633.

634. (Amendment integrated into c. N-2, s. 140).

1992, c. 57, s. 634.

ACT RESPECTING LIQUOR PERMITS

635. (Amendment integrated into c. P-9.1, s. 39).

1992, c. 57, s. 635.

636. (Amendment integrated into c. P-9.1, s. 50).

1992, c. 57, s. 636.

637. (Amendment integrated into c. P-9.1, s. 79).

1992, c. 57, s. 637.

638. (Amendment integrated into c. P-9.1, s. 94).

1992, c. 57, s. 638.

639. (Amendment integrated into c. P-9.1, s. 97).

1992, c. 57, s. 639.

640. (Amendment integrated into c. P-9.1, s. 99).

1992, c. 57, s. 640.

PHARMACY ACT

641. (Amendment integrated into c. P-10, s. 30).

1992, c. 57, s. 641.

SPECIAL CORPORATE POWERS ACT

642. (Amendment integrated into c. P-16, heading of Division VII).

1992, c. 57, s. 642.

643. (Amendment integrated into c. P-16, s. 27).

1992, c. 57, s. 643.

644. (Omitted).

1992, c. 57, s. 644.

645. (Amendment integrated into c. P-16, s. 32).

1992, c. 57, s. 645.

646. (Amendment integrated into c. P-16, s. 33).

1992, c. 57, s. 646.

647. (Amendment integrated into c. P-16, heading of Division VIII).

1992, c. 57, s. 647.

648. (Amendment integrated into c. P-16, s. 34).

1992, c. 57, s. 648.

649. (Inoperative, 1993, c. 75, s. 48).

1992, c. 57, s. 649.

650. (Inoperative, 1993, c. 75, s. 48).

1992, c. 57, s. 650.

651. (Inoperative, 1993, c. 75, s. 48).

1992, c. 57, s. 651.

652. (Inoperative, 1993, c. 75, s. 48).

1992, c. 57, s. 652.

653. (Inoperative, 1993, c. 75, s. 48).

1992, c. 57, s. 653.

654. (Inoperative, 1993, c. 75, s. 48).

1992, c. 57, s. 654.

655. (Inoperative, 1993, c. 75, s. 48).

1992, c. 57, s. 655.

PHOTOGRAPHIC PROOF OF DOCUMENTS ACT

656. (Omitted).

1992, c. 57, s. 656.

YOUTH PROTECTION ACT

657. (Amendment integrated into c. P-34.1, heading of Division VII of Chapter IV).

1992, c. 57, s. 657.

658. (Omitted).

1992, c. 57, s. 658.

PUBLIC HEALTH PROTECTION ACT

659. (Omitted).

1992, c. 57, s. 659.

660. (Amendment integrated into c. P-35, s. 43).

1992, c. 57, s. 660.

661. (Amendment integrated into c. P-35, heading of Division VIII).

1992, c. 57, s. 661.

662. (Amendment integrated into c. P-35, s. 45).

1992, c. 57, s. 662.

663. (Amendment integrated into c. P-35, s. 46).

1992, c. 57, s. 663.

664. (Amendment integrated into c. P-35, s. 47).

1992, c. 57, s. 664.

665. (Omitted).

1992, c. 57, s. 665.

666. (Amendment integrated into c. P-35, s. 50).

1992, c. 57, s. 666.

667. (Amendment integrated into c. P-35, s. 51).

1992, c. 57, s. 667.

668. (Amendment integrated into c. P-35, s. 60).

1992, c. 57, s. 668.

669. (Amendment integrated into c. P-35, s. 62).

1992, c. 57, s. 669.

670. (Amendment integrated into c. P-35, s. 69).

1992, c. 57, s. 670.

CONSUMER PROTECTION ACT

671. (Amendment integrated into c. P-40.1, s. 22.1).

1992, c. 57, s. 671.

MENTAL PATIENTS PROTECTION ACT

672. (Amendment integrated into c. P-41, s. 13).

1992, c. 57, s. 672.

673. (Omitted).

1992, c. 57, s. 673.

674. (Amendment integrated into c. P-41, s. 21).

1992, c. 57, s. 674.

675. (Amendment integrated into c. P-41, s. 30).

1992, c. 57, s. 675.

ACT TO PRESERVE AGRICULTURAL LAND

676. (Amendment integrated into c. P-41.1, s. 1).

1992, c. 57, s. 676.

677. (Amendment integrated into c. P-41.1, s. 82).

1992, c. 57, s. 677.

678. (Amendment integrated into c. P-41.1, s. 84).

1992, c. 57, s. 678.

ACT RESPECTING BUILDING CONTRACTORS VOCATIONAL QUALIFICATIONS

679. (Inoperative, 1985, c. 34, s. 214).

1992, c. 57, s. 679.

ENVIRONMENT QUALITY ACT

680. (Amendment integrated into c. Q-2, s. 113).

1992, c. 57, s. 680.

ACT RESPECTING THE RECONSTITUTION OF CIVIL STATUS REGISTERS

681. (Omitted).

1992, c. 57, s. 681.

ACT TO PROMOTE THE REFORM OF THE CADASTRE IN QUÉBEC

682. (Amendment integrated into c. R-3.1, s. 8).

1992, c. 57, s. 682.

ACT RESPECTING THE RÉGIE DE L’ASSURANCE-MALADIE DU QUÉBEC

683. (Amendment integrated into c. R-5, s. 16).

1992, c. 57, s. 683.

ACT RESPECTING THE RÉGIE DU LOGEMENT

684. (Amendment integrated into c. R-8.1, s. 46).

1992, c. 57, s. 684.

685. (Amendment integrated into c. R-8.1, s. 64).

1992, c. 57, s. 685.

686. (Amendment integrated into c. R-8.1, Schedule II).

1992, c. 57, s. 686.

ACT RESPECTING THE QUÉBEC PENSION PLAN

687. (Omitted).

1992, c. 57, s. 687.

688. (Amendment integrated into c. R-9, s. 203).

1992, c. 57, s. 688.

WATERCOURSES ACT

689. (Omitted).

1992, c. 57, s. 689.

SUPPLEMENTAL PENSION PLANS ACT

690. (Omitted).

1992, c. 57, s. 690.

REGULATIONS ACT

691. (Amendment integrated into c. R-18.1, s. 3).

1992, c. 57, s. 691.

ACT RESPECTING OCCUPATIONAL HEALTH AND SAFETY

692. (Omitted).

1992, c. 57, s. 692.

ACT RESPECTING THE SOCIÉTÉS D’ENTRAIDE ÉCONOMIQUE

693. (Amendment integrated into c. S-25.1, s. 121).

1992, c. 57, s. 693.

ACT RESPECTING TRUST COMPANIES AND SAVINGS COMPANIES

694. (Amendment integrated into c. S-29.01, s. 1).

1992, c. 57, s. 694.

695. (Amendment integrated into c. S-29.01, s. 170).

1992, c. 57, s. 695.

696. (Amendment integrated into c. S-29.01, s. 191).

1992, c. 57, s. 696.

COOPERATIVE SYNDICATES ACT

697. (Amendment integrated into c. S-38, s. 16).

1992, c. 57, s. 697.

698. (Amendment integrated into c. S-38, s. 40).

1992, c. 57, s. 698.

699. (Amendment integrated into c. S-38, s. 46).

1992, c. 57, s. 699.

ACT RESPECTING THE LANDS IN THE PUBLIC DOMAIN

700. (Amendment integrated into c. T-8.1, s. 20).

1992, c. 57, s. 700.

ACT RESPECTING LAND TITLES IN CERTAIN ELECTORAL DISTRICTS

701. (Amendment integrated into c. T-11, s. 6).

1992, c. 57, s. 701.

ACT RESPECTING TRANSPORTATION BY TAXI

702. (Amendment integrated into c. T-11.1, s. 35).

1992, c. 57, s. 702.

703. (Amendment integrated into c. T-11.1, s. 39).

1992, c. 57, s. 703.

TRANSPORT ACT

704. (Amendment integrated into c. T-12, s. 84).

1992, c. 57, s. 704.

COURTS OF JUSTICE ACT

705. (Amendment integrated into c. T-16, s. 4.1).

1992, c. 57, s. 705.

706. (Amendment integrated into c. T-16, s. 219).

1992, c. 57, s. 706.

ACT RESPECTING THE UNIVERSITÉ DU QUÉBEC

707. (Amendment integrated into c. U-1, s. 4).

1992, c. 57, s. 707.

SECURITIES ACT

708. (Amendment integrated into c. V-1.1, s. 10.2).

1992, c. 57, s. 708.

709. (Amendment integrated into c. V-1.1, s. 10.4).

1992, c. 57, s. 709.

ACT RESPECTING THE SALE OF UNCLAIMED GOODS

710. (Omitted).

1992, c. 57, s. 710.

MISCELLANEOUS PROVISIONS

711. (Omitted).

1992, c. 57, s. 711.

712. (Omitted).

1992, c. 57, s. 712.

713. (Omitted).

1992, c. 57, s. 713.

714. (Amendment integrated into c. T-0.1, s. 519).

1992, c. 57, s. 714.

715. (Amendment integrated into c. T-0.1, s. 520).

1992, c. 57, s. 715.

716. The English text of the Civil Code of Québec, adopted by chapter 64 of the statutes of 1991, is amended

(1)  (amendment integrated into article 21);

(2)  (amendment integrated into article 423);

(3)  (amendment integrated into article 717);

(4)  (amendment integrated into article 726);

(5)  (amendment integrated into article 757);

(6)  (amendment integrated into article 948);

(7)  (amendment integrated into article 993);

(8)  (amendment integrated into article 1101);

(9)  (amendment integrated into article 1575);

(10)  (amendment integrated into article 1641);

(11)  (amendment integrated into article 1644);

(12)  (amendment integrated into article 1696);

(13)  (amendment integrated into article 2124);

(14)  (amendment integrated into article 2726);

(15)  (amendment integrated into article 2779);

(16)  (amendment integrated into article 2783);

(17)  (amendment integrated into article 2839);

(18)  (amendment integrated into article 2939);

(19)  (amendment integrated into article 2985);

(20)  (amendment integrated into article 3024);

(21)  (amendment integrated into article 3033);

(22)  (amendment integrated into article 3069);

(23)  (amendment integrated into article 3104);

(24)  (amendment integrated into article 3105);

(25)  (amendment integrated into article 3119);

(26)  (amendment integrated into article 3133).

1992, c. 57, s. 716.

717. The Bureau of the Ordre des arpenteurs-géomètres du Québec, the Bureau of the Chambre des notaires du Québec and the General Council of the Barreau du Québec may, by regulation or by-law approved by the Government, oblige the members of their professional corporation, in accordance with the conditions and modalities provided therein, to take training courses bearing on all or part of the reform of the Civil Code of Québec.

The regulation or by-law must provide for the conditions and modalities allowing a member to be exempted temporarily or permanently from this requirement and, where applicable, the fees relating to the courses.

The regulation or by-law may be adopted only if the secretary of the professional corporation has transmitted a draft thereof to all the members 30 days or more before its adoption.

The draft regulation or by-law is not subject to the requirement for publication contained in section 8 of the Regulations Act (chapter R-18.1).

1992, c. 57, s. 717.

718. The Bureau of the Ordre des arpenteurs-géomètres du Québec, the Bureau of the Chambre des notaires du Québec and the General Council of the Barreau du Québec must, by resolution, suspend or restrict the right to practise the profession of any member of their professional corporation who, although not duly exempted therefrom by the Bureau or by a committee established by the Bureau in accordance with a regulation or by-law under section 717, fails to take the training courses imposed by the regulation or by-law.

The effect of the suspension or restriction is maintained as long as the member concerned has not taken the training courses and until it is lifted by a resolution of the Bureau of the professional corporation.

1992, c. 57, s. 718.

FINAL PROVISIONS

719. (Omitted).

1992, c. 57, s. 719.