C-25.01, r. 0.2.4 - Regulation of the Superior Court of Québec in family matters

À jour au 7 octobre 2021

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chapter C-25.01, r. 0.2.4

Regulation of the Superior Court of Québec in family matters

Code of Civil Procedure

(chapter C-25.01, a. 63).

CHAPTER I GENERAL

1. Application: This Regulation applies in all judicial districts of Québec.

Decision 2016-05-20, s. 1.

CHAPTER II APPEALS FROM DECISIONS OR ORDERS OF THE COURT OF QUÉBEC IN YOUTH PROTECTION AND YOUTH CRIMINAL JUSTICE MATTERS

DIVISION I YOUTH PROTECTION

2. Definitions: In this Chapter, “Court” means the Superior Court of Québec and “Court of Québec” means the Court of Québec, Youth Division.

Decision 2016-05-20, s. 2.

3. Introduction of appeal: Appeals are heard by the Court in the Family Chamber, unless referred by a judge to the Criminal Chamber.

Decision 2016-05-20, s. 3.

4. Notice of appeal: In addition to the provisions of section 104 of the Youth Protection Act (chapter P-34.1), the notice of appeal contains the object of the complaint, the conclusions of the decision or order appealed from, and the names of the parties’ lawyers in first instance.

The Court may make any appropriate order under section 112 of the Youth Protection Act.

The notice of appeal is signed by the appellant or the appellant’s lawyer and gives give the address to which any communication may be directed.

The appellant may invoke grounds not stated in the notice of appeal by filing a notice with the clerk of the Court stating such grounds precisely and concisely, together with proof of notification to the respondent or the respondent’s lawyer, before the appeal is heard and not later than 15 days after the filing of the complete transcript of the proceedings.

Decision 2016-05-20, s. 4; Decision 2021-05-31, s. 1.

5. Representation statement: A lawyer representing a party before the Court must file a representation statement at the court office within 10 days of the filing of the notice of appeal.

Decision 2016-05-20, s. 5.

6. Preparation of record:

(1)  Upon receipt of the notice of appeal, unless the Court orders otherwise upon application by the appellant, the clerk of the Court of Québec takes all necessary steps to obtain as soon as possible a complete transcript of the proceedings, the evidence adduced and the decisions rendered both in the course of proceedings and at the time of the final decision and, where applicable, the order.

(2)  As soon as the transcript is completed, the clerk of the Court of Québec sends the original to the court office with copies to the parties or their lawyers. Where it appears impossible to obtain a complete transcript, the clerk of the Court of Québec advises the clerk of the Court and the parties, giving reasons.

Decision 2016-05-20, s. 6.

7. Setting down on the roll: Upon the expiry of the time allotted for the answer, the clerk of the Court sets the appeal down on the roll of the Family Chamber, 15 days thereafter or on the first day of the next session, and gives notice to the parties or their lawyers.

On the day fixed, the parties or their lawyers must be present to inform the Court of the nature of the case and the duration of the hearing. The judge then sets a definitive date for the hearing of the appeal, which proceeds on that date without further notice.

If a party is absent or is not represented on the day fixed, the Court may apply the powers provided for in section 11 of this Regulation.

Decision 2016-05-20, s. 7.

8. Argument in writing: Any party who wishes to submit an argument in writing must have it notified and file it within 15 days of the deposit of the complete transcript of the proceedings; the written argument must, where applicable, state the relevant facts with appropriate references to the transcript and set out the arguments with reference to the authorities relied upon.

Decision 2016-05-20, s. 8; Decision 2021-05-31, s. 2.

9. Depositions: When the Court hears additional evidence, it must be recorded in a way that allows testimony to be stored and reproduced, or recorded by an appropriate independent system that, although not connected to a master system, ensures the integrity of the deposition.

Decision 2016-05-20, s. 9.

10. Powers of the Court: The Court may

(a)  dismiss the appeal, where the appellant is not ready to proceed when the case is called;

(b)  allow the appellant to proceed outside the presence of a respondent who is not ready to proceed when the case is called;

(c)  upon application or on its own initiative, dismiss an appeal initiated in contravention of the formalities prescribed by law or by the rules of the Court.

Decision 2016-05-20, s. 10.

11. Applications: All applications must be notified on the adverse party or that party’s lawyer with a notice of presentation of at least 3 days. The judge may, however, change the time limit if the judge considers it necessary.

Decision 2016-05-20, s. 11; Decision 2021-05-31, s. 3.

12. Copies of judgments: The clerk of the Court notifies a copy of the judgment to the judge who rendered the decision appealed from and to the clerk of the Court of Québec, as well as to the persons listed in section 94 of the Youth Protection Act (chapter P-34.1). A copy of the judgment may be notified using technological means to parties and lawyers that have provided the required contact information.

Decision 2016-05-20, s. 12.

13. Record: Upon the expiry of the time limit for appeal to the Court of Appeal, the clerk of the Court returns the original record to the clerk of the Court of Québec.

Decision 2016-05-20, s. 13.

14. General provision: The Court may make any decision or order having regard to the best interests of justice.

Decision 2016-05-20, s. 14.

DIVISION II YOUTH CRIMINAL JUSTICE

15. Interim release in the field of youth criminal justice: The Court may, after the filing of the notice of appeal or an application for review of the sentencing decision, upon a written application presented with at least 3 days’ written notice, notified to the prosecutor and filed with the court office, order the interim release of the appellant and set conditions.

Decision 2016-05-20, s. 15; Decision 2021-05-31, s. 4.

CHAPTER III DIVORCE, SEPARATION, ANNULMENT OF MARRIAGE, FILIATION AND OTHER FAMILY MATTERS

Decision 2016-05-20, c. III; Decision 2019-05-21, s. 1.

DIVISION I PLEADINGS

§ 1 . — General

16. Mandatory information: In all pending cases, the parties must attest to whether or not they are subject to

(a)  a civil protection order provided for in article 509 of the Code of Civil Procedure (chapter C-25.01) or an application concerning such an order;

(b)  an order, an application, an agreement or a decision relating to youth protection; or

(c)  an order, an indictment, an undertaking or a recognizance relating to a criminal matter.

A party in one of the situations referred to in subparagraph a or c of the first paragraph must file a notice with the court office and, if the other party or a child concerned by the proceedings is named, include a copy of the order, undertaking, recognizance, indictment or application concerning a protection order.

A party in the situation referred to in subparagraph b of the first paragraph must file a notice with the court office and, if a child concerned by the proceedings is named, include a copy of the order, application, agreement or decision.

If the situation changes in the course of the proceedings, the party concerned must, as soon as possible, file a new notice with the court office and, if the other party or a child concerned by the proceedings is named, include the documents that show that fact.

A model notice is posted on the Superior Court website.

Decision 2016-05-20, s. 16; Decision 2019-05-21, s. 2; Decision 2021-05-31, s. 5.

17. Documents attesting to the birth of the parties: In every application for divorce, separation, the annulment of marriage, or the annulment or dissolution of a civil union, a photocopy of the birth certificate, of the copy of the act of birth or of any other document issued by a competent authority other than the registrar of civil status in Québec and attesting to the birth of the parties concerned by the application must be filed; however, if the information shown in the photocopy is contested, the original must be filed.

Decision 2016-05-20, s. 17; Decision 2019-05-21, s. 3; Decision 2021-05-31, s. 6.

17.1. Documents attesting to the birth of a child: In every originating application concerning custody, access, parenting time, contact or tutorship to a child, a photocopy of the birth certificate, of the copy of the act of birth or of any other document issued by a competent authority other than the registrar of civil status in Québec attesting to the birth of the child concerned by the application must be filed; however, if the information shown in the photocopy is contested, the original must be filed.

In every application concerning the filiation of a child, the original of the child’s birth certificate, of the copy of the child’s act of birth or of any other document issued by a competent authority other than the registrar of civil status in Québec attesting to the child’s birth must be filed.

Decision 2021-05-31, s. 7.

17.2. Documents attesting to marriage: In every application for divorce, separation or the annulment of marriage, a photocopy of the marriage certificate or of the copy of the act of marriage must be filed, unless the information shown in the photocopy is contested or the document was issued by a competent authority other than the registrar of civil status in Québec, in which case the original must be filed.

In every application for the annulment or dissolution of a civil union, a photocopy of the civil union certificate or of the copy of the act of civil union must be filed as evidence, unless the information shown in the photocopy is contested or the document was issued by a competent authority other than the registrar of civil status in Québec, in which case the original must be filed.

Decision 2021-05-31, s. 7.

§ 2 . — Application for divorce

18. Content: An application for divorce, supported by an affidavit and, where applicable, a notice as to contestation, must be drawn up in accordance with Form I and signed by the applicant.

Decision 2016-05-20, s. 18.

18.1. Attestation: An application for divorce and any pleading filed by a party in response to such an application must include a statement by that party that it is aware of its obligations under sections 7.1 to 7.5 of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)).

An application for divorce and any pleading filed in response to such an application by a lawyer or notary must include a statement attesting that the lawyer or notary has complied with the obligations imposed by section 7.7 of the Divorce Act.

Decision 2021-05-31, s. 8.

19. (Revoked).

Decision 2016-05-20, s. 19; Decision 2019-05-21, s. 4.

§ 3 . — Other originating applications

20. Content: To the extent possible, any application for annulment of marriage, separation as to property or separation as to bed and board, must include the information required under paragraphs 1 to 7, 10 and 11 of Form I.

Decision 2016-05-20, s. 20.

21. Joint application: All exhibits must be filed with the court office at the same time as the joint application.

Decision 2016-05-20, s. 21.

DIVISION II SUPPORT FOR A SPOUSE, FORMER SPOUSE OR CHILD

Decision 2016-05-20, Div. II; Decision 2021-05-31, s. 10.

22. In any application for support for a spouse or former spouse or for the varying of support, the parties must complete Form III, notify it and file it with the court office within the time prescribed in the second paragraph of article 413 of the Code of Civil Procedure (chapter C-25.01).

Decision 2016-05-20, s. 22; Decision 2021-05-31, s. 11.

23. (Revoked).

Decision 2016-05-20, s. 23; Decision 2021-05-31, s. 12.

24. (Revoked).

Decision 2016-05-20, s. 24; Decision 2021-05-31, s. 12.

25. Consent or draft agreement: The consent or draft agreement of the parties or their affidavits for judgment must describe each party’s financial resources and situation, unless they have completed and submitted a sworn financial statement in accordance with Form III or, as the case may be, with the child support determination form.

Decision 2016-05-20, s. 25.

26. Trial on the merits: Both parties must notify to each other an up-to-date statement of their financial situation drawn up in accordance with Form III and an up-to-date child support determination form at least 10 days before the date of the trial on the merits, or at the time fixed by the person who presides over the pre-trial conference.

Decision 2016-05-20, s. 26; Decision 2021-05-31, s. 13.

26.1. In every application concerning the parents’ obligation of support towards their children, the parties must file, in addition to the child support determination form duly completed by each parent, the statement of the tax calculations, if any, used to determine their income or the expenses claimed for the benefit of their children.

Decision 2021-05-31, s. 14.

DIVISION III FAMILY PATRIMONY

27. Mandatory information: In every application for separation as to bed and board, the annulment of marriage, divorce, or the annulment or dissolution of a civil union, the applicant must communicate to the respondent and file in the court record either a declaration by the parties that they are not subject to the rules governing family patrimony, a renunciation of partition, a declaration that partition is not contested, or a form used to calculate the state of the family patrimony accompanied by a sworn statement within 180 days of serving the application.

If the respondent contests the form used to calculate the state of the family patrimony, the respondent must communicate to the applicant and file in the court record the respondent’s own form used to calculate the state of the family patrimony supported by a sworn statement within 30 days after the applicant communicated the original form used to calculate the state of the family patrimony.

The form used to calculate the state of the family patrimony is drawn up as established by directive by the Chief Justice and published on the Superior Court website.

Decision 2016-05-20, s. 27; Decision 2021-05-31, s. 15.

28. Renunciation: A party that renounces the partition of benefits accrued during the marriage or civil union under a retirement plan or the partition of earnings registered in the name of a spouse pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or a similar plan must confirm that he or she knows the extent of the value which may be partitioned and the possibility of being informed of its exact amount.

Decision 2016-05-20, s. 28.

DIVISION IV PARTNERSHIP OF ACQUESTS

29. Mandatory information: In every application for separation as to bed and board, the annulment of marriage, divorce, or the annulment or dissolution of a civil union, the applicant must communicate to the respondent and file in the court record a form used to calculate the state of the partnership of acquests supported by a sworn statement within 180 days of service of the application.

If the respondent contests the form used to calculate the state of the partnership of acquests, the respondent must communicate to the applicant and file in the court record the respondent’s own form used to calculate the state of the partnership of acquests within 30 days after the applicant communicated the original form used to calculate the state of the partnership of acquests.

The form used to calculate the state of the partnership of acquests is drawn up as established by directive by the Chief Justice and published on the Superior Court website.

Decision 2016-05-20, s. 29; Decision 2021-05-31, s. 16.

DIVISION V PSYCHOSOCIAL EVALUATION AND REPORTS TO BE FILED IN A SEALED ENVELOPE

Decision 2016-05-20, Div. V; Decision 2021-05-31, s. 17.

30. Application: Referrals to the Service d’expertise psychosociale attached to an institution governed by the Act respecting health services and social services (chapter S-4.2) are made only in cases involving minor children.

Decision 2016-05-20, s. 30; Decision 2019-05-21, s. 5.

31. Order: In any family case involving the interests of a minor child, the Court may, on initiative or on request, order the Service d’expertise psychosociale to designate an expert to shed light on any question connected with child custody, access rights, the allocation and exercise of parenting time or contact, or concerning the child.

Where applicable, consent, drafted in accordance with Form IV and signed by the parties, their lawyers and the child if 14 years of age or older, is filed in the record.

Decision 2016-05-20, s. 31; Decision 2019-05-21, s. 6; Decision 2021-05-31, s. 18.

32. Forwarding of report from the Service d’expertise psychosociale: In the order made, the judge indicates whether the report is to be forwarded to the Chief Justice or a judge designated by the Chief Justice, or returned to the judge if the judge remains seized of the matter.

Decision 2016-05-20, s. 32; Decision 2021-05-31, s. 19.

33. Order issued during hearing: The order is issued from the bench, in the presence of the parties.

The clerk notifies the decision and all other relevant documents to the Service d’expertise psychosociale.

Decision 2016-05-20, s. 33.

34. Content of order: The order, drawn up in accordance with Form V or made by judgment, indicates the specific object of the expert report. The name of the expert, the expert’s profession, or the manner in which the evaluation should be carried out, if mentioned in the order, constitute recommendations to the Service. The Court may, in the same order or judgment, authorize access to the judicial record or, issue an order in accordance with section 19 of the Act respecting health services and social services (chapter S-4.2) and article 429 of the Code of Civil Procedure (chapter C-25.01).

Decision 2016-05-20, s. 34; Decision 2019-05-21, s. 7; Decision 2021-05-31, s. 20.

35. Submission of report from the Service d’expertise psychosociale: The expert submits the report to the Service d’expertise psychosociale, which forwards it to the clerk of the Court. The clerk then forwards it to the judge who ordered the expert report or, if the judge is no longer seized of the matter, to the Chief Justice or the judge designated by the Chief Justice, and to the parties. The judge or the clerk places the report in the record in a sealed envelope.

Decision 2016-05-20, s. 35; Decision 2021-05-31, s. 21.

35.1. Medical record and expert report. The medical record, the report on a physical or mental examination and the psychosocial evaluation report must be filed and kept in the record in a sealed envelope.

Decision 2021-05-31, s. 22.

36. Expert report and testimony of the expert: The report of an expert stands in lieu of the expert’s testimony. However, the expert may be called to testify in accordance with articles 293 and 294 of the Code of Civil Procedure (chapter C-25.01).

Decision 2016-05-20, s. 36; Decision 2021-05-31, s. 23.

DIVISION VI SUPERVISED ACCESS, PARENTING TIME OR CONTACT BY A NATURAL PERSON OTHER THAN A SUPERVISION RESOURCE

Decision 2016-05-20, Div. VI; Decision 2021-05-31, s. 24.

37. Supervised access rights, parenting time or contact: Every request or offer to exercise supervised access rights, parenting time or contact with respect to a minor child, made by a natural person other than a supervision resource, must include a written commitment by that designated person to comply with the requirements of Schedule A.

The order fixing supervised access rights, parenting time or contact must be notified to the designated supervisor and include the notice in Schedule A to this Regulation, unless the judge decides otherwise.

Decision 2016-05-20, s. 37; Decision 2021-05-31, s. 25.

DIVISION VII APPLICATION FOR VARIATION

38. Mandatory information: Every application to vary the conclusions of a previous judgment or order must be supported by an affidavit and contain the following information:

(a)  the current civil status of the parties;

(b)  the residential address of the parties and the residential address, age and sex of their dependent children;

(c)  the current arrangements for custody, access, the allocation of parenting time, contact and the exercise of parental authority and parental decision-making responsibility;

(d)  the current amount of support and the amount requested;

(e)  the amount of arrears, if any;

(f)  the changes presented to support the application and, if applicable, the notice of relocation provided for in subsection 16.9(1) of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)).

Every application made under the Divorce Act to vary a support order, with respect to a respondent who resides in another province or territory of Canada and has not filed a defence or requested a conversion, must be accompanied by written proof of its notification to the administrator of a last resort assistance program in the province or territory to which the debt may have been assigned.

Decision 2016-05-20, s. 38; Decision 2021-05-31, s. 26.

39. Previous judgment or order issued in another case: In the case of an application for the variation of a judgment or order issued in another case, copies of the prior judgments and of any pleadings on which the judgment or order was rendered must be filed in the record by the applicant unless they have already been included.

Decision 2016-05-20, s. 39; Decision 2021-05-31, s. 27.

DIVISION VIII CLERK

40. Judgment or Court order: The clerk prepares and signs every judgment or order issued by the Court or by a judge, unless such judgment or order has been prepared and signed by the judge.

A divorce judgment must be prepared in accordance with Form VII and bear the date on which it was rendered.

Decision 2016-05-20, s. 40.

41. Extract of judgment: Upon request, the clerk may issue an extract of a judgment that is limited to the conclusions.

The filing of the judgment at the office of the Court must be accompanied by a partial copy that includes the style of cause, the title “Extract of Judgment” and the disposition beginning with the words: “For these reasons...”.

Decision 2016-05-20, s. 41.

DIVISION IX DIVORCE OFFICE

42. Duties of the clerk: In each of the judicial districts of Québec, the Divorce Office is administered by the clerk. The duties of the clerk are as follows:

(a)  to file separately the divorce records and to keep registers, an index, a court ledger and a special register available to the public where every divorce judgment is entered without delay;

(b)  to receive and register applications after ascertaining that they comply with the requirements of the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)) and of the Rules of Practice;

(c)  to keep a register of pleadings containing

i.  with respect to each application, the names and addresses of the parties and the date of filing; and

ii.  with respect to each divorce judgment, the names and addresses of the parties and the date it was rendered;

(d)  to fill out the forms required by the Rules of Practice or the regulations made pursuant to the Divorce Act;

(e)  once the divorce has taken effect, to issue a certificate of divorce in accordance with Form VIII, upon request;

(f)  in accordance with subsection 17(11) of the Divorce Act, to forward, when the Court has issued an order varying a support order, parenting order or contact order made by another court, a copy of the variation order certified as true by a judge or officer to that other court or to any other court that varied the original order;

(g)  to forward to the competent court, following a transfer order issued under section 6, 6.1 or 6.2 of the Divorce Act, a certified true copy of the record and the order;

(h)  to hire the personnel necessary for the performance of the clerk’s duties, including deputy clerks, according to the number of cases filed in the Divorce Office for which the clerk has complete responsibility.

Decision 2016-05-20, s. 42; Decision 2021-05-31, s. 28.

DIVISION X FINAL PROVISIONS

43. Coming into force. This Regulation replaces the Rules of practice of the Superior Court of Québec in family matters (chapter C-25.01, r. 6).

Decision 2016-05-20, s. 43.

SCHEDULE A

NOTICE TO SUPERVISORS OF ACCESS RIGHTS, PARENTING TIME OR CONTACT IN ACCORDANCE WITH SECTION 37 OF THIS REGULATION

You have been designated by an order of the Superior Court, a copy of which is appended to this notice, to act as a supervisor of access rights, parenting time or contact. The order allows a parent to see his or her child or children, or a third person to have contact with one or more children, on certain conditions. The “exercise of access rights or parenting time” is the time during which the parent sees his or her child or children. The “exercise of contact” is the time during which a third person sees or communicates with one or more children.

As a result, you must

⃞ be present for each and every exercise of access rights, parenting time or contact;

⃞ be present for the entire duration of the exercise of access rights, parenting time or contact.

You cannot choose to stop acting as the supervisor of access rights, parenting time or contact or have yourself replaced at your own convenience or discretion.

If you are no longer willing or able to act as the supervisor of access rights, parenting time or contact, you must advise both parents and, where applicable, the third person in whose favour a contact order has been made, in writing and as soon as possible, in other words well in advance of the next scheduled exercise of access rights, parenting time or contact.

Decision 2016-05-20, Sch. A; Decision 2021-05-31, s. 29.

FORM I

(s. 18)

  

Decision 2016-05-20, form. I; Decision 2019-05-21, s. 8; Decision 2021-05-31, s. 30.

FORM II

(Revoked)

Decision 2016-05-20, form. II; Decision 2019-05-21, s. 9.

FORM III

  

Decision 2016-05-20, form. III.

FORM IV

  

Decision 2016-05-20, form. IV; Decision 2019-05-21, s. 10.

FORM V

  

Decision 2016-05-20, form. V; Decision 2019-05-21, s. 11; Decision 2021-05-31, s. 31.

FORM VI

(Revoked)

Decision 2016-05-20, form. VI; Decision 2019-05-21, s. 12.

FORM VII

  

Decision 2016-05-20, form. VII; Decision 2021-05-31, s. 32.

FORM VIII

  

Decision 2016-05-20, form. VIII; Decision 2021-05-31, s. 33.

FORM IX

(Revoked)

Decision 2016-05-20, form. IX; Decision 2021-05-31, s. 34.

REFERENCES

Decision 2016-05-20, 2016 G.O. 2, 2187

Decision 2019-05-21, 2019 G.O. 2, 816

Decision 2021-05-31, 2021 G.O. 2, 3771