Quebec is Canada's only civil law jurisdiction. While the other nine provinces and three territories follow the English common law tradition, Quebec's private law is governed by the Civil Code of Quebec (CCQ), first enacted in 1866 and comprehensively reformed in 1994. For businesses, landlords, tenants, and individuals operating in Quebec — or entering into contracts with Quebec parties — understanding the key differences between the Civil Code and common law is essential to avoid costly mistakes.

The Civil Code vs. Common Law: Fundamental Differences

In common law provinces, private law develops primarily through judicial decisions (case law), with statutes supplementing judge-made rules. In Quebec, the Civil Code is the primary source of private law — it provides a comprehensive set of rules governing contracts, property, family law, obligations, and civil liability. Courts interpret the Code but do not create law the way common law courts do.

This difference has several practical implications:

Notarial Acts vs. Private Writings

One of the most distinctive features of Quebec law is the role of the notary (notaire). In Quebec, notaries are civil law notaries — officers of the law who draft, certify, and keep original copies of important legal documents. A document executed before a notary becomes an authentic act (acte authentique), which has special evidentiary weight: its contents are presumed true and binding, and it is much harder to challenge than a private writing.

Certain transactions in Quebec must be in notarial form:

Key Point: In other provinces, you can complete a real estate sale with only a lawyer and a signed transfer deed. In Quebec, the sale of a house or condo requires a notarial deed, and the notary (typically hired by the buyer) is responsible for the entire closing process, including title searches and registration.

Quebec Residential Leases: No Security Deposits

One of the starkest differences between Quebec and other provinces in real estate is the prohibition on security deposits. Article 1904 of the CCQ explicitly prohibits a lessor (landlord) from requiring a deposit — financial or otherwise — at the beginning of a lease as security for the lessee's obligations. This stands in sharp contrast to Ontario (where last month's rent deposit is permitted), BC (where half a month's rent is allowed as a security deposit), and Alberta (one month's rent maximum).

Quebec landlords also face restrictions on rent increases. Leases in Quebec automatically renew at the end of each term unless the landlord gives notice of a rent increase (or other change) within prescribed periods — 3 to 6 months' notice for leases of 12 months or longer. The tenant can then refuse the increase, and if the parties cannot agree, the Tribunal administratif du logement (TAL, formerly the Régie du logement) sets the rent.

Important for Landlords: Quebec's standard lease form (bail type) is mandatory for most residential rentals. Failure to use it does not invalidate the lease, but the default terms under the CCQ apply, which may be less favorable to the landlord than what they intended to negotiate.

Language Requirements: French First

Quebec's Charter of the French Language (Bill 101) requires that contracts of adhesion (standard-form contracts), employment contracts, and most commercial documents used in Quebec be drafted in French. This applies to contracts with Quebec consumers and employees. Parties can agree to use English if both parties expressly so agree, but the French version always prevails in case of a conflict.

Bill 96 (2022) significantly strengthened these requirements. Employers with 25 or more employees must now ensure their workplace operates in French, and contracts of adhesion must be provided in French first — even if an English version is also provided. Quebec businesses operating across Canada need to ensure their standard-form documents and employment agreements comply with these requirements.

Quebec Wills: Three Options

Quebec law recognizes three types of wills:

  1. Notarial will (testament notarié): Made before a notary and one witness. It has the special evidentiary status of an authentic act and does not need to be probated — the notary registers it in the Registre des testaments. This is the most secure and straightforward option in Quebec.
  2. Holograph will (testament olographe): Entirely handwritten and signed by the testator — no witnesses required, similar to other provinces. However, a holograph will must be probated (verified by a court or notary) before it can be acted upon.
  3. Will made in the presence of witnesses (testament devant témoins): Can be typed or printed, must be signed before two witnesses who also sign. Must also be probated.

The notarial will is unique to Quebec — no other Canadian province offers this option. Its key advantage is that it takes effect immediately upon the testator's death without any court proceeding, saving the estate considerable time and money.

Limitation Periods in Quebec

Quebec's limitation periods are set out in the CCQ and differ meaningfully from other provinces. The general prescription (limitation) period in Quebec is 3 years for most personal actions, compared to 2 years in most common law provinces. However, there are notable exceptions:

The 10-year absolute bar applicable in some provinces does not apply in the same way in Quebec — the Civil Code provides an absolute prescription of 10 years for real rights and 3 years for personal rights, but there are specific rules for suspending and interrupting prescription that differ from the common law discoverability principle.

Business Documents in Quebec: Practical Considerations

For businesses operating in Quebec, several practical differences apply: