C-25.01 - Code of Civil Procedure

Section 77 Disposition versions

2016-01-01

77. To be validly given, the notice to the Attorney General of Québec must clearly state the contentions the person intends to assert and the grounds on which they are based, and be served on the Attorney General by a bailiff as soon as possible in the course of the proceeding but, in a civil matter, at least 30 days before the case is ready for trial and, in other matters, at least 30 days before the trial; in addition, the notice must be accompanied by all pleadings already filed in the record. The Attorney General becomes a party to the proceeding without further formality and may submit conclusions to the court, in which case the court must rule on them.

Only the Attorney General may waive the notice period.

The notice to the Attorney General must also be served on the Attorney General of Canada if the provision or rule of law concerned comes under federal jurisdiction; it must be notified to the Director of Criminal and Penal Prosecutions if the provision or rule of law concerned relates to a criminal or penal matter.

2014, c. 1, a. 77.