Regulation of the Court of Québec (SI/2015-114)

Regulations are current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Regulation of the Court of Québec

SI/2015-114

YOUTH CRIMINAL JUSTICE ACT

CRIMINAL CODE

Registration 2015-12-30

Regulation of the Court of Québec

Authority

On the recommendation of the Minister of Justice, the Gouvernement du Québec approved, by Order in Council made by the Conseil exécutif on 9 December 2015 (O.C. 1099-2015), the provisions concerning the Code of Penal Procedure (chapter C-25.1), the Criminal Code (R.S.C. 1985, c. C-46) and the Youth Criminal Justice Act (S.C. 2002, c. 1), contained in the draft Regulation attached hereto. In accordance with subsection 482(4) and subsection 482.1(6) of the Criminal Code, the Regulation is published in the Canada Gazette.

THE HONOURABLE ÉLIZABETH CORTE
Chief Judge of the Court of Québec

CHAPTER IGeneral Provisions

 This Regulation applies in all judicial districts of Québec, subject to any special rules made for the districts of Québec or Montréal.

 The purpose of this Regulation is to ensure, in keeping with the Code of Civil Procedure (chapter C-25.01), that the procedure established by the Code is properly complied with and to ensure the proper operation of each division of the Court of Québec. The Regulation must be applied so as to ensure proper case management and the efficient handling of cases, as part of the proper administration of justice.

 Modification of rules and exemption from the application of a rule. In a proceeding, the judge may, in light of the particular circumstances of the case of which the judge is seized, modify a rule or exempt a party or person from the application of a rule.

 Information technology. The terms pleading, reverse side or back, exhibit, expert report, transcript, register, record, document, consultation, filing, production and notification refer also, where applicable, to their technology-based versions and to technologybased access.

CHAPTER IIProvisions Applicable to all Divisions of the Court of Québec

SECTION IAdministration

 Office hours. Court offices are open from Monday to Friday, except holidays, from 8:30 a.m. to 4:30 p.m., and at any other time when the court is sitting.

 Custody of registers, records, orders and judgments. The registers, records, orders and judgments required for the application of the Code of Civil Procedure (chapter C-25.01), the Criminal Code (R.S.C. 1985, c. C-46) and the Code of Penal Procedure (chapter C-25.1), and those required by specific Acts, must be kept in court offices in accordance with the directives of the chief judge.

The registers, records, orders and judgments required for the application of the Youth Protection Act (chapter P-34.1), the Youth Criminal Justice Act (S.C. 2002, c. 1) and the provisions on adoption in the Civil Code of Québec must be kept in court offices in accordance with the directives of the chief judge and in the manner prescribed in Schedule I.

 Consultation of registers, records, orders and judgments. Subject to a legislative provision or an order made by a judge, any person may have access to the registers, records, orders and judgments of a court during court office hours.

The conditions and procedure governing access to records and the removal of an exhibit from a record are prescribed by the provisions of this Regulation specific to each division of the Court of Québec.

 Contact information. Parties, and their lawyers or notaries, must inform the court office concerned without delay of any change in their contact information; for lawyers, a change of address made in the master file is sufficient.

Parties who are not represented, including parties involved in a small claims matter, must give the court office concerned their name, address and postal code, and a telephone number and e-mail address, if available, where they can be contacted. They must ensure that the information is kept up to date and inform the court office without delay of any change.

DIVISION IIPleadings and Exhibits

 Format and typeface. Except if exempted by the judge, all pleadings must be printed on one side only of a letter-format sheet measuring 21.5 × 28 cm (8½ × 11 inches) using Arial 12 point typeface or, in the case of a handwritten pleading, must be legibly written.

 Reverse side or back. When required, the reverse side or back of a pleading must indicate the record number, the name of the parties, the nature or object of the pleading and, if applicable, the amount in dispute.

The lawyer or notary representing a party must indicate on the reverse side or back his or her name, address, postal code, telephone number, fax number, e-mail address and permanent court number.

A party who is not represented must indicate on the reverse side or back his or her contact information including his or her name, address, postal code, telephone number, e-mail address and fax number, if available.

 Signature. Every pleading must be signed by the party, the party’s lawyer or the party’s notary or by the lawyer’s or notary’s partnership.

In proceedings for the recovery of a small claim, every pleading must be signed by the party or the party’s mandatary, if applicable.

 Designation of the parties. In all pleadings, the parties retain the same order and designation as in the originating application.

 Exhibits. Exhibits are enumerated and identified in the list of exhibits.

Each exhibit bears a number preceded by an identifying letter attributed to each party, which together constitute the classification code.

Exhibits are identified by the same classification code in all applications made during the proceeding.

The record number and the classification code appear on the front of the exhibit or on the reverse side or back, if there is one.

 Expert report. With the exception of proceedings for the recovery of a small claim, a party that produces an expert report must also produce the author’s curriculum vitae and, if they are claimed as legal costs, the invoice for the expert’s fees up to that date and for the expert’s fees to attend the trial, if useful, and to testify.

 Filing of pleadings. A clerk who receives a pleading numbers it, and marks upon it the date and time it was received and, if applicable, enters it in the court register.

 Medical record. Pursuant to article 16 of the Code of Civil Procedure (chapter C-25.01), a medical record or an expert report prepared by a physician, psychologist or social worker, or any other expert report of a psychosocial nature filed in the record in a sealed envelope, is kept in the envelope and no person, except a person authorized by law, may have access to it without the permission of the court or a judge. The nature of the documents filed in a sealed envelope must be written on the envelope.

Access to such documents includes the right to make copies at the person’s expense.

 Documents in a sealed envelope. The clerk enters in the record the name and title of every person who consults a document in a sealed envelope or who requests a copy of such a document.

 Changes and particulars. Where a change is made to a pleading, all additions or substitutions must be underlined or indicated in the margin with a vertical stroke, and all deletions must be indicated with a dotted line between parentheses.

Where it has been ordered that changes are to be made to a pleading, a new pleading incorporating the changes must be filed in the record within the prescribed time, following the same procedure.

 Technology-based document. When the technological environment for court business so allows, the court may, on its own initiative or at the request of a party, permit certain documents or testimony to be produced in whole or in part using technologybased media.

The technology-based document must, when the information it contains is in text form, allow key-word searches as an essential function. If there is more than one document in the same file, the documents must be accompanied by an index containing hyperlinks between the index and each document filed.

A party that files or produces a technology-based document must reveal, in addition to its essential functions, all the other functions of the document of which the party is aware, and all the other functions which may affect the technological environment for court business.

 Official version of the roll. Although versions of the roll are available in other media, the only official version of the roll is the version posted in the various courthouses and in the event of a discrepancy the official version shall prevail.

DIVISION IIIHearings, Order and Decorum

 Decorum. The judge may make any order necessary to ensure the proper administration of justice, the serenity of hearings, good order, decorum, and respect for the rights of parties, their lawyers or their notaries.

Court bailiffs and special constables must ensure respect of decorum and good order. They must ensure that silence is maintained and that the people present at a hearing are suitably seated. They assist the judge in the application of this Regulation and the guidelines concerning the use of technology in the courtroom.

 Dress code. Every person present in the courtroom must be suitably dressed.

Except in civil practice, judges wear a black robe either closed in front or with a black jacket, a white shirt, collar and bands, dark clothing and appropriate footwear at all times in the courtroom.

Except in civil practice, lawyers wear a black robe closed in front with a black jacket, a white shirt, collar and bands, dark clothing and appropriate footwear at all times in the courtroom.

Male lawyers and notaries, in cases where the wearing of a robe is not required, wear trousers, a jacket, shirt and tie in plain taste and appropriate footwear, and female lawyers and notaries wear a skirt or trousers with a blouse and jacket or a plain dress with appropriate footwear.

The same rules apply to articling students, minus the bands.

At all times, clerks, court bailiffs and other officers of the court wear a black robe with plain clothing of a dark hue. Appropriate closed footwear must be worn.

 Hearing times. Court hearings begin at 9:30 a.m. and 2:00 p.m., unless otherwise indicated by the judge presiding over the hearing or the chief judge.

 Calling of the roll. Parties, lawyers and notaries must be present and ready to proceed when the roll is called.

 Conduct during the hearing. Every person who addresses the court or a witness must, unless the judge permits otherwise, rise and remain standing.

The person must show respect, courtesy and restraint towards the judge, the opposing party, and the lawyers or notaries, witnesses and court staff.

In addition, no person may enter into a discussion with anyone else, including the clerk, or consult the record of the Court of Québec, except with the permission of the judge.

Unless the judge permits otherwise, the accused or a young person referred to in section 2 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must rise and remain standing during the reading of the indictment or information and the pronouncement of the judgment or sentence.

 Support for a party who is not represented. Before the hearing, a party who is not represented must take the necessary steps to obtain information on the proper method and practice to assert his or her rights before the court.

A judge who considers it necessary may provide assistance to a party who is not represented, while remaining impartial.

 Persons with a disability needing assistance. Persons with a disability needing assistance must inform the clerk as soon as possible so that appropriate measures may be taken.

If the request appears excessive, the clerk refers it to the court.

 
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