M-19 - Act respecting the Ministère de la Justice

Section 5.1 Disposition versions

2020-06-05

5.1. In a state of emergency declared by the Government or in a situation where it is impossible in fact to comply with the rules of the Code of Civil Procedure (chapter C-25.01) or of the Code of penal procedure (chapter C-25.1), the Minister of Justice may, if necessary for the proper administration of justice, amend any rule of procedure, introduce a new one or provide for any other measure.

Such measures shall be published in the Gazette officielle du Québec and may take effect on the date on which the state of emergency is declared or the situation occurs or on any later date specified in the measures. They are applicable for the period determined by the Minister, which may not exceed one year after the end of the state of emergency or of the situation. If necessary for the proper administration of justice, the Minister may, each year for five years, extend the period before it expires.

Before adopting or extending the measures, the Minister must take into consideration their effects on the rights of individuals and obtain the agreement of the Chief Justice of Québec and the Chief Justice of the Superior Court or the Chief Judge of the Court of Québec, according to their jurisdiction. The Minister must also take into consideration the opinion of the Barreau du Québec and, if applicable, the Chambre des notaires du Québec or the Chambre des huissiers de justice du Québec.

2020, c. 12, s. 67.