C-25 - Code of Civil Procedure

Section 4 Disposition versions

1997-09-01

4. In this Code,

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

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

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

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

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

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

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

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

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

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

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

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

1994-01-01

4. In this Code,

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

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

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

(d)  “clerk” means a public servant of the Ministère de la Justice working in the office of a court and appointed for that purpose according to law;

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

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

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

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

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

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

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

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

1990-04-15

4. In this Code, unless the context otherwise requires, the following words mean:

(a)  “Code of Civil Procedure”, or “Code of Procedure”: this Code;

(b)  “Revised Statutes”: the Revised Statutes of Québec;

(c)  “other provinces of Canada”: the Provinces of Canada other than Québec, and those territories not organized into provinces;

(d)  “chief justice”: the chief justice, the senior associate chief justice or the associate chief justice, depending upon the district where the term is applicable;

(e)  “a judge” or “judge in chambers”: a judge acting as such in his office, as opposed to the judge presiding over a sitting of the court, who is ordinarily called “the presiding judge”, “the trial judge”, or “the court”;

(f)  “prothonotary”: not only the prothonotary of the Superior Court, but also the clerk of any other court to which the provision is applicable;

(g)  “office of the court”: the office of the prothonotary or of the clerk of any court to which the provision is applicable;

(h)  “affidavit”: a written statement supported by the oath of the deponent or by his solemn affirmation, administered and attested by any person so authorized by law;

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

(j)  “stenography”: stenography properly so called or stenotypography;

(k)  “special prothonotary”: the prothonotary, the deputy prothonotary, the clerk or the deputy clerk appointed by order of the Minister of Justice, with the consent of the chief justice of the court, to exercise in that court, in addition to his other functions, the attributions attached to such capacity.

Moreover, the declaratory and interpretative provisions of article 17 of the Civil Code and sections 38 to 61 of the Interpretation Act (chapter I-16) are deemed to be part of this Code, and the words, terms and expressions there defined are taken in the sense there indicated, unless there is a formal text to the contrary or the context otherwise requires.

The meaning of the word “court” used in the Civil Code of Québec and in articles 325 to 336.3, 1731.1 to 1731.11 and 1756.1 of the Civil Code of Lower Canada is determined in accordance with this Code and may designate, as the case may be, a judge presiding over a sitting of a court, a judge in chambers or a prothonotary.

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

1987-02-15

4. In this Code, unless the context otherwise requires, the following words mean:

(a)  “Code of Civil Procedure”, or “Code of Procedure”: this Code;

(b)  “Revised Statutes”: the Revised Statutes of Québec;

(c)  “other provinces of Canada”: the Provinces of Canada other than Québec, and those territories not organized into provinces;

(d)  “chief justice”: the chief justice, the senior associate chief justice or the associate chief justice, depending upon the district where the term is applicable;

(e)  “a judge” or “judge in chambers”: a judge acting as such in his office, as opposed to the judge presiding over a sitting of the court, who is ordinarily called “the presiding judge”, “the trial judge”, or “the court”;

(f)  “prothonotary”: not only the prothonotary of the Superior Court, but also the clerk of any other court to which the provision is applicable;

(g)  “office of the court”: the office of the prothonotary or of the clerk of any court to which the provision is applicable;

(h)  “affidavit”: a written statement supported by the oath of the deponent or by his solemn affirmation, administered and attested by any person so authorized by law;

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

(j)  “stenography”: stenography properly so called or stenotypography;

(k)  “special prothonotary”: the prothonotary, the deputy prothonotary, the clerk or the deputy clerk appointed by order of the Minister of Justice, with the consent of the chief justice of the court, to exercise in that court, in addition to his other functions, the attributions attached to such capacity.

Moreover, the declaratory and interpretative provisions of article 17 of the Civil Code and sections 38 to 61 of the Interpretation Act (chapter I-16) are deemed to be part of this Code, and the words, terms and expressions there defined are taken in the sense there indicated, unless there is a formal text to the contrary or the context otherwise requires.

1965 (1st sess.), c. 80, a. 4; 1975, c. 83, s. 1; 1977, c. 73, s. 1; 1979, c. 37, s. 1; 1983, c. 54, s. 14; 1986, c. 95, s. 61.

1983-12-22

4. In this Code, unless the context otherwise requires, the following words mean:

(a)  “Code of Civil Procedure”, or “Code of Procedure”: this Code;

(b)  “Revised Statutes”: the Revised Statutes of Québec;

(c)  “other provinces of Canada”: the Provinces of Canada other than Québec, and those territories not organized into provinces;

(d)  “chief justice”: the chief justice, the senior associate chief justice or the associate chief justice, depending upon the district where the term is applicable;

(e)  “a judge” or “judge in chambers”: a judge acting as such in his office, as opposed to the judge presiding over a sitting of the court, who is ordinarily called “the presiding judge”, “the trial judge”, or “the court”;

(f)  “prothonotary”: not only the prothonotary of the Superior Court, but also the clerk of any other court to which the provision is applicable;

(g)  “office of the court”: the office of the prothonotary or of the clerk of any court to which the provision is applicable;

(h)  “affidavit”: a written statement supported by the oath of the deponent or by his solemn affirmation in cases in which it is authorized by article 299, administered and attested by any person authorized by law to administer oaths;

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

(j)  “stenography”: stenography properly so called or stenotypography;

(k)  “special prothonotary”: the prothonotary, the deputy prothonotary, the clerk or the deputy clerk appointed by order of the Minister of Justice, with the consent of the chief justice of the court, to exercise in that court, in addition to his other functions, the attributions attached to such capacity.

Moreover, the declaratory and interpretative provisions of article 17 of the Civil Code and sections 38 to 61 of the Interpretation Act (chapter I-16) are deemed to be part of this Code, and the words, terms and expressions there defined are taken in the sense there indicated, unless there is a formal text to the contrary or the context otherwise requires.

1965 (1st sess.), c. 80, a. 4; 1975, c. 83, s. 1; 1977, c. 73, s. 1; 1979, c. 37, s. 1; 1983, c. 54, s. 14.

1979-06-22

4. In this Code, unless the context otherwise requires, the following words mean:

(a)  “Code of Civil Procedure”, or “Code of Procedure”: this Code;

(b)  “Revised Statutes”: the Revised Statutes of Québec;

(c)  “other provinces of Canada”: the Provinces of Canada other than Québec, and those territories not organized into provinces;

(d)  “chief justice”: the chief justice, the senior associate chief justice or the associate chief justice, depending upon the district where the term is applicable;

(e)  “a judge” or “judge in chambers”: a judge acting as such in his office, as opposed to the judge presiding over a sitting of the court, who is ordinarily called “the presiding judge”, “the trial judge”, or “the court”;

(f)  “prothonotary”: not only the prothonotary of the Superior Court, but also the clerk of any other court to which the provision is applicable;

(g)  “office of the court”: the office of the prothonotary or of the clerk of any court to which the provision is applicable;

(h)  “affidavit”: a written statement supported by the oath of the deponent or by his solemn affirmation in cases in which it is authorized by article 299, administered and attested by any person authorized by law to administer oaths;

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

(j)  “stenography”: stenography properly so called or stenotypography;

(k)  “special prothonotary”: the prothonotary, the deputy prothonotary, the clerk or the deputy clerk appointed by order in council, with the consent of the chief justice of the court, to exercise in that court, in addition to his other functions, the attributions attached to such capacity.

Moreover, the declaratory and interpretative provisions of article 17 of the Civil Code and sections 38 to 61 of the Interpretation Act (chapter I-16) are deemed to be part of this Code, and the words, terms and expressions there defined are taken in the sense there indicated, unless there is a formal text to the contrary or the context otherwise requires.

1965 (1st sess.), c. 80, a. 4; 1975, c. 83, s. 1; 1977, c. 73, s. 1; 1979, c. 37, s. 1.

1977-12-31

4. In this Code, unless the context otherwise requires, the following words mean:

(a)  “Code of Civil Procedure”, or “Code of Procedure”: this Code;

(b)  “Revised Statutes”: the Revised Statutes of Québec;

(c)  “other provinces of Canada”: the Provinces of Canada other than Québec, and those territories not organized into provinces;

(d)  “chief justice”: the chief justice, the senior associate chief justice or the associate chief justice, depending upon the district where the term is applicable;

(e)  “a judge” or “judge in chambers”: a judge acting as such in his office, as opposed to the judge presiding over a sitting of the court, who is ordinarily called “the presiding judge”, “the trial judge”, or “the court”;

(f)  “prothonotary”: not only the prothonotary of the Superior Court, but also the clerk of any other court to which the provision is applicable;

(g)  “office of the court”: the office of the prothonotary or of the clerk of any court to which the provision is applicable;

(h)  “affidavit”: a written statement supported by the oath of the deponent or by his solemn affirmation in cases in which it is authorized by article 299, administered and attested by any person authorized by law to administer oaths;

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

(j)  “stenography”: stenography properly so called or stenotypography;

(k)  “special prothonotary”: the prothonotary or the deputy prothonotary appointed by order in council, with the consent of the chief justice of the court, to exercise, in addition to his other functions, the attributions attached to such capacity.

Moreover, the declaratory and interpretative provisions of article 17 of the Civil Code and sections 38 to 61 of the Interpretation Act (chapter I-16) are deemed to be part of this Code, and the words, terms and expressions there defined are taken in the sense there indicated, unless there is a formal text to the contrary or the context otherwise requires.

1965 (1st sess.), c. 80, a. 4; 1975, c. 83, s. 1; 1977, c. 73, s. 1.