The rights of Quebeckers aren’t a political plaything

Read more

How to speak to an anglo: Montreal gives city workers a language manual full of rules

Read more

Anglophone group tells Montreal mayoral hopefuls to scrap French-language rules

Read more

English producers stunned they were excluded from Quebec report on local TV business

Read more

Anglo rights group denounces city’s French-language rules

Read more

Ottawa invests $52M to boost English-language health services in Quebec

Read more

Opinion: On language of instruction, LeBel ducks historic injustice

Read more
June 10, 2025

Family & Youth

Justice and Rights

In terms of age, partners who wish to marry must be at least 16 and granted permission by Quebec’s Superior Court if one of them is aged between 16 and 17. In contrast, partners who wish to enter a civil union must be at least 18 years of age.

Once they apply to marry or enter a civil union, the partners become legally known as “intended spouses”.

Marriage and civil unions provide couples with essentially the same obligations and protections under Canadian and Quebec family law. However, while a formal marriage is recognized everywhere, a civil union is valid only in Quebec.

This means that if you are in a civil union in Quebec, you cannot benefit from the rights and protections it provides (e.g. obligation to support one another, financially contribute to the family expenses, establishing a family residence, etc.) if you and your spouse should later move and settle outside of Quebec.

Quebec’s National Assembly created the civil union in 2002, which allowed same-sex partners at the time to have the same rights and protections as married couples. However, after same-sex marriage was legalized by the federal government in 2005, the need for civil unions decreased. As a result, civil unions are rarely performed today.

What rights and obligations do I have in a marriage or civil union in Quebec?

For their union to be legally valid, married and civil union spouses must live together and both owe one another respect, fidelity, security and assistance. This means that both spouses share the responsibility of not just supporting their family, but also their personal and legal relationship.

These responsibilities include together choosing the residence of their family, contributing to the expenses of their family and residence, and being involved in the activities within the family home.

One of the key protections and obligations of the couple is the maintenance of the “family patrimony”. This term refers to property that belongs to the family unit, regardless of which spouse may actually own it.

Property that can make up family patrimony includes:

  • Residence(s) of the family;
  • Property that serves the household (funds, furniture, electronics, appliances, etc.);
  • Vehicles used for family travel;
  • Benefits received during the marriage or civil union under a retirement plan; or
  • Pension plan earnings by each spouse during the marriage or civil union.

How can I access these rights and carry out these obligations in English?

While the rights for married and civil union couples are the same for French- and English-speakers, certain protections and obligations for you and your spouse can be accessed and carried out in English.

Declaring Family Residence in English

The family residence is defined in Quebec law as the place where you and the members of your family carry on your principal daily activities. However, because the establishment of the family property is bound by Quebec law, the procedure to declare a family residence is only available in English in certain situations.

You cannot sell, rent out, take out a mortgage, or remove the household furniture and appliances from the family residence without the consent of your spouse.

If you do so, your spouse could be allowed to have the court cancel the transaction or award them damages in the form of financial compensation.

To protect the interests of the family unit, you are allowed to register the family residence with the Quebec government without needing to notify your spouse.

If the residence is being rented by one or both spouses, you can register the property as the family residence by:

  • Notifying the landlord in writing in the same language as the lease; or
  • Filling in the space for specifying the family residence in the Administrative Housing Tribunal’s standard lease form (available in both French and English).

If the residence is owned, or soon to be owned, by one or both spouses, you can register the property as the family residence by:

Visit the Land Register’s website for more information (available in French only).

On June 1, 2022, the Quebec government officially passed Bill 96, a new law that obliges all government institutions to follow the rules of a universal language policy, to be drawn up by the Ministry of the French Language. This state-wide language policy:

Requires government institutions to draw up guidelines pinpointing the situations in which it is acceptable to provide services in English.
Tightens the rules around when a government institution is allowed to offer services to the public in English.

While the Ministry’s language policy has not yet been released, these modifications could narrow the DEC’s Language Policy and restrict the DEC’s ability to offer some of its services in English.

The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.

To find more information on declaring a family residence, visit the website of Quebec’s Ministry of Justice.

Who has the power to perform marriages or civil unions in Quebec?

Canada’s Constitution divides the power over marriage and divorce between the federal and provincial governments.

The Canadian government has exclusive power to pass laws controlling marriage and divorce (i.e. the rights and obligations connected to them both).

However, the provinces have power over the “solemnization” of marriage, giving them more direct control over the marriage or civil union ceremony.

Marriage or Civil Union Ceremonies in Quebec

The Civil Code of Quebec states that a marriage or civil union must be performed by an officiant in the presence of two witnesses.

The officiant can be:

  • A religious official (such as a priest, rabbi or imam) authorized to perform the marriage on the date of the ceremony;
  • A notary registered with the Quebec Chamber of Notaries (Chambre des notaires du Québec);
  • A clerk or Deputy clerk of the Superior Court of Quebec in the judicial district where the ceremony will take place;
  • A mayor, borough council member, or municipal officer who holds office and governs the municipality where and when the ceremony will take place; or
  • Any other person “designated” (i.e. authorized) by the DEC, such as a friend or loved one.

If you wish to become a designated officiant, you must be at least 18 years of age, a Canadian citizen or resident of Quebec, and able to speak either French or English.

For more detailed information on who is permitted to serve as a designated officiant, visit the DEC website.

How can I get married or enter a civil union in English in Quebec?

Getting married or entering into a civil union in Quebec involves filling out many documents and interacting with the Quebec government (more specifically, with the office of the Directeur de l’état civil, i.e. the Registrar of Civil Status, or DEC). The language in which the DEC communicates with you will depend on the language in which you file your marriage or civil union application. All these application documents are available in both French and English.

English-Language Services for Marriages and Civil Unions

Below is a breakdown of the parts of the marriage and civil union process that are available to you and your designated officiant in English to “solemnize” the occasion, or in other words, to perform the ceremony.

1. Before the Ceremony

Before performing a marriage or civil union ceremony, your officiant must be designated to do so by the DEC. If your officiant is planning to only officiate your specific ceremony, they will have to complete the Application for the Designation of an Officiant of a Marriage or Civil Union form (“Application for Designation”).

This application form is available in both French and English. If your officiant submits this application form in English, then all future communications between your officiant and the DEC will carry on in English.

After this application is submitted to the DEC, a representative will contact your officiant for an interview over the telephone. This interview will allow them to decide whether to authorize them to perform the ceremony.

If your officiant submits the Application for Designation form in English, then they are allowed to have the interview be conducted in English.

The DEC’s office will decide whether to designate your officiant for the ceremony within four months of them submitting the Application for Designation form. If the DEC grants them the designation, they will receive an authorization number. Composed of a series of five digits, your officiant will need this number to fill out and submit other documents before, during, and after the ceremony.

For at least 20 days before the date of the ceremony, a public announcement of the marriage or civil union must be published on the DEC’s website, in either French or English.

This notice allows members of the public to object to the marriage or civil union if either of the intended spouses do not meet the necessary legal conditions (e.g. not of legal age, still married to or in a civil union with another person, too closely biologically related, unable to freely consent to the union, etc.).

To make the public announcement, the designated officiant and a witness must complete and submit the Application for Publication or for a Dispensation from Publication of a Notice of Marriage or Civil Union form (“Application for Publication”).

  • This application form is available in both French and English. It may also be submitted digitally through the DEC’s online service.
  • This portal is also available in both French and English.

Your officiant will need their authorization number, telephone number and postal code (listed on their Application for Designation) to complete either the paper and online Application for Publication.

If you or your intended spouse has a valid reason for not wanting an announcement of their marriage or civil union to be made public (such as fear of an abusive or harassing ex-partner), then it will need to be indicated in Section 7 of the application form to obtain an exception, called a “dispensation from publication”.

For more information on the publication of notice of a marriage or civil union, visit the DEC website.

For more details on the steps to be completed before the marriage or civil union ceremony, visit the website of the Quebec Ministry of Justice.

2. During the Ceremony

Every marriage or civil union ceremony can be customized to complement the personalities of the intended spouses. That being said, there are certain legal formalities that must be observed.

These legal formalities include:

  • Presence of two witnesses at the ceremony;
  • Expression of free and informed consent by both intended spouses;
  • Reading specific articles from the Civil Code of Quebec; and
  • Filling in and signing the Declaration of Marriage or Declaration of Civil Union form.

At the ceremony, your officiant must ask you and your intended spouse to express your consent to marry or enter a civil union with each other. You and your intended spouse can vocalize your wish to take each other as spouses in either French or English.

Towards the start of the ceremony, your officiant must also recite specific sections of the Civil Code of Quebec, in full and out loud, in either French or English.

For more information on which sections your officiant will need to recite, as well as speech templates for giving proper consent, read through the DEC’s Officiant’s Guide.

You can also find an online version of the Civil Code of Quebec by clicking here.

If either you or your intended spouse does not understand either French or English, then you or they must pay for an impartial interpreter (i.e. not a family member) to attend and translate at the ceremony.

Lastly, the marriage or civil union must be entered into Quebec’s register of civil status by the DEC to prove to validity and legality of the ceremony. To do this, your officiant must, on the day of the ceremony, complete the Declaration of Marriage form or the Declaration of Civil Union form. This form must be signed by you, your intended spouse, your officiant, and the two witnesses at the end of the ceremony.

Both forms are available in French and in English, but only in paper versions. The appropriate form will be sent to your officiant by mail after they are authorized by the DEC to perform the ceremony.

If the application forms were filed before the ceremony in English, then the DEC will send your officiant the appropriate Declaration form in English.

For more information of the different parts of the Declaration forms that need to be filled in and signed, visit the DEC website.

For more details on the steps to be completed during the marriage or civil union ceremony, visit the website of the Quebec Ministry of Justice.

3. After the Ceremony

Within eight days of the ceremony date, your officiant will need to send the original copy of page 2 of the Declaration form (called the Return to Marriage or Return to Civil Union form) to the Institut de la statistique du Québec.

Your officiant will also need to send the original copy of page 1 of the:

  • Declaration of Marriage form within 30 days of the ceremony date.
  • Declaration of Civil Union form as soon as possible after the ceremony date.

For a detailed list of documents that your officiant will need to send and where they will need to send them, visit the DEC website and the website of the Quebec Ministry of Justice.

After it has received all the required documents, the DEC will send a letter to your and your spouse to confirm that your marriage or civil union has been entered into the register of civil status. This letter will be drawn up in English if the application forms were submitted in English.

The letter will also contain a RSAN (Rapid Secure Access Number) that you and your spouse will need to request a certificate or copy of the marriage or civil union act through the online service DEClic! Express. This online portal is available in both French and English.

How can I get divorced or end my civil union in English in Quebec?

Canada’s divorce regime can be a lengthy and complicated process, involving different procedures depending on the couple’s particular circumstances. Spouses wishing to end their marriage or civil union have the right to have their court proceedings take place in French or English.

Ending a Marriage

To apply for divorce, the couple must prove the breakdown of their marriage. They can do so by showing:

  • Both spouses have lived apart for at least one year from the time the court may grant the divorce;
  • The condition of “living apart for one year” can include a combination of circumstances, like sleeping in separate rooms within the same residence, buying and eating meals separately, and not offering each other help around the house.
  • One spouse has committed adultery; or
  • One spouse has treated the other with such physical or mental cruelty that living together is no longer possible.

To obtain a divorce, one or both spouses must file an application with the Superior Court of Quebec in the district in which one or both the spouses live.

If you and your spouse do not agree to the terms of the divorce, then you may file an application for divorce on your own. However, the terms of this application may be challenged in court by your spouse.

If you and your spouse agree to the terms of the divorce, you can apply together by filing what is called a “joint application for amicable divorce”, containing a draft agreement. Both the joint application and draft agreement you attach to it can be written and filed with the court office in either French or English.

For more information on how to apply for divorce, visit the Ministry of Justice’s website.

For a complete step-by-step procedure on how to file for divorce in Quebec, read Éducaloi’s guide on Applying for a Divorce.

Ending a Civil Union

Unlike married couples, civil union spouses do not need to live apart for a year to terminate their union.

The Civil Code of Quebec states that civil unions end automatically if the spouses marry, or if one of the spouses dies. However, if both spouses are still alive and wish to part ways, they can terminate their civil union by:

  • Completing an application together (called a “joint declaration”) in front of a notary;
  • Filing a joint declaration with the Superior Court if the couple has children; or
  • Obtaining a judgment from the Superior Court to end their civil union (when the spouses cannot agree on the terms of a joint declaration or how to co-parent their children).

A joint declaration to terminate a civil union can be signed in front of a notary or filed with the Superior Court in either French or English.

If you wish to find an English-speaking notary who can end your civil union, you can use the Find a Notary search tool on the website of the Quebec Chamber of Notaries by selecting “English” under the language filter.

For more information on how to apply to end your civil union, visit the Ministry of Justice’s website.

Family Mediation in English

If you and your spouse have children and cannot agree on the terms to end your marriage or civil union, you will be required to consider family mediation as a method to resolve your differences before going to trial.

While you must consider it, you are not obligated to participate in family mediation. The choice must include the voluntary consent of both spouses.

If you and your spouse have children under the age of 18, then you must attend a free information session on parenting and family mediation provided by the Ministry of Justice.

  • You and your spouse must attend this information session as part of your consideration of family mediation to solve your disagreements.
  • Your case cannot go to trial if either you or your spouse do not attend this information session. However, you and your spouse are not required to attend the same information session.

English-language information sessions are offered by the Ministry of Justice, though not as often as French-language sessions. This unequal level of access could cause scheduling problems for English-speakers who may not wish to attend the same session as their spouse.

  • You may be exempted from having to attend an information session if you have suffered domestic violence at the hands of your spouse.

Visit the Ministry of Justice website to book a spot in an English-language information session.

Once you and your spouse have attended the information session, you are together entitled to five hours of free family mediation if you choose to use it, in either French or English.

  • As part of a new pilot project, if you and your spouse do not have children, you may be able to receive three hours of free family mediation in French or English. Learn more by clicking here.

You can use the Ministry of Justice’s online search tool to find a family mediator close to you.

For more information on the objectives and uses of family mediation, visit the website of the Ministry of Justice.

English-Language Rights Before the Courts

Whether it be to decide on the separation terms, or to file a joint application with the clerk’s office, going to court is part of the process of ending a marriage or civil union.

More precisely, the Superior Court of Quebec handles all applications and disputes regarding divorce and termination of civil unions.

The Superior Court can decide on matters such as child custody, alimony and support payments, how the family property is to be divided, and how each spouse’s personal property is to be divided.

  • If you are not happy with the Superior Court’s judgment regarding your divorce or civil union termination, you can have the decision reviewed by the Court of Appeal of Quebec.
  • You have the right to appeal the Superior Court’s decision if your case involves assets worth $60,000 or more. Otherwise, the Court will decide whether to hear your appeal.

The Canadian Constitution gives you the right to access Quebec’s courts in both French and English. This means that you have the right to file your application, communicate with the court clerk, testify before the judge, and have the court’s judgment on your case be written in English.

For divorce proceedings, Quebec’s Superior Court provides the Application for Divorce – Form I in English on their website.

NOTE: On June 1, 2022, the Quebec government officially passed Bill 96, a new law that imposes new language rules upon the province’s court system. Controversially, this bill:

  • No longer requires that all judges appointed to the Quebec courts have English-language skills;
  • Lets the Ministers of Justice and of the French Language decide which court districts (i.e. cities, towns, and municipalities) in Quebec may have judges with English-language skills; and
  • Requires all written English-language judgments to include a French-language translation.

This new bill could make it harder for English-speakers in Quebec to access the court system in English.

  • It could make accessing an English-speaking judge in Quebec very difficult for English-speakers living in certain areas of the province.
  • It could also create delays in ending marriages or civil unions, or in resolving conflicts between spouses, not otherwise experienced by Quebec’s French-speaking population.

The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.

Which institutions oversee issues relating to marriages and civil unions in Quebec?

Quebec’s Directeur de l’état civil, Ministry of Justice, and the Superior Court of Quebec are the three primary bodies the deal with marriage and civil union issues. They offer a variety of administrative and online services in English to varying degrees, depending on the type of information or service you may need.

Directeur de l’État civil (DEC)

The DEC’s office handles all matters related to documentation of a Quebec resident’s name, birth, death, succession, sex designation, or marriage or civil union status. The DEC also oversees the authorization process for people wanting to be designated as an officiant for a marriage or civil union.

Most of the DEC’s website is available in English, providing information on marriages and civil unions. The website also has online portals in English that you can use to:

  • Declare a birth online;
  • Order certificates of birth, death, marriage or civil union; or
  • Publish an announcement of a marriage or civil union.

To learn more about the various English-language services you can access through the DEC, you can also visit their Frequently Asked Questions webpage, or contact one of their regional offices directly.

According to their Language Policy, the DEC communicates with members of the public (either by telephone or email) in French.

  • However, if you express your desire to be assisted in English, then the DEC representative may assist you in English.
  • If you write to the DEC in English, its staff can also reply to your written message in English.
  • If you call the DEC and explain that you cannot express yourself in French, then the DEC representative may speak with you in English.

NOTE: Based on the wording of the DEC’s Language Policy, while staff members are allowed to help you in English in certain circumstances, they are not obligated to do so.

Also, on June 1, 2022, the Quebec government officially passed Bill 96, a new law that obliges all government institutions to follow the rules of a universal language policy, to be drawn up by the Ministry of the French Language. This state-wide language policy:

  • Requires government institutions to draw up guidelines pinpointing the situations in which it is acceptable to provide services in English; and
  • Tightens the rules around when a government institution is allowed to offer services to the public in English.

While the Ministry’s language policy has not yet been released, these modifications could narrow the DEC’s Language Policy and restrict the DEC’s ability to offer some of its services in English.

The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.

When contacting the DEC via telephone, dial:

Montreal: 514-644-4545
Laval: 450-644-4545
Quebec City: 418-644-4545
Elsewhere in Quebec: 1-877-644-4545 (toll-free)

Press “9” to listen to the automated menu in English.
Press “1” to hear about citizen and business services.
Press “1” to hear about citizen services.
Press “2” to reach the DEC.
Once you reach the DEC, press “6” to speak to a DEC representative.

Quebec Ministry of Justice

The Ministry of Justice is responsible for the administration of the courts and ensuring access to justice for the residents of Quebec in both French and English.

However, the Ministry’s website provides procedural information in both official languages only on certain family law topics, including:

To locate the courthouse nearest your residence, you can visit the Ministry’s Find a Courthouse webpage (available only in French).

When contacting the Ministry via telephone (418-643-5140, option 3):

  • Be aware there is an automated voice recording in French explaining the services offered by the Ministry that must be listened to before the caller can request listening to this same information in English by pressing “9”.

If you wish to have a judgment translated into English, you can fill out the PDF form and send it to the Ministry.

To find out how to contact the Ministry directly, click here.

The Superior Court of Quebec

The Superior Court of Quebec has the authority to oversee cases involving assets of $85,000 or more, or in areas of bankruptcy, administrative or family law. It can also review the judicial decisions of lower courts.

The Superior Court holds its cases in many courthouses across the province, but is generally split into the Montreal and Quebec Divisions.

 

De Facto Unions

How are de facto unions different from marriages and civil unions in Quebec?

Literally meaning a union “in fact”, de facto unions can exist where the couple’s lifestyle has some of the characteristics of a marriage or civil union (like having been together a number of years, living together, having joint bank accounts, etc.), but are not legally recognized as such.

  • There is no fixed set of characteristics that a couple must display to be considered in a de facto union. The circumstances of their relationship will be evaluated by a court to determine whether a de facto union exists.
  • For example, two partners living together can often be considered a crucial characteristic of a de facto union.

Unlike the laws of other Canadian provinces where couples living together for a certain period of time (i.e. common law partners) can benefit from similar protections as married couples, the Civil Code of Quebec does not officially recognize de facto unions.

  • This means that de facto unions in Quebec are not given the same rights and protections as marriages and civil unions, like equal division of family property or spousal support payments after separation.
  • However, de facto unions can be given protections similar to marriages and civil unions through contract law (see What Protections And Obligations Do I Have In A De Facto Union In Quebec? below).

For more information on de facto unions, visit the website of the Ministry of Justice.

What protections and obligations do I have in a de facto union in Quebec?

There are certain legal areas in Quebec that recognize and grant protections to de facto spouses like those of married or civil union spouses, such as laws governing provincial income tax, legal aid, social assistance (welfare), and the Quebec Pension Plan.

De facto spouses are also entitled to the same compensation plans for workplace and automobile accidents as married or civil union spouses.

To have some protection similar to married couples, de facto spouses can draw up a special type of contract called a “cohabitation agreement”. The terms that this agreement can include:

  • What property belongs to which spouse (e.g. residence, cars, furniture, electronics, appliances, etc.);
  • How much money each spouse will contribute to the family expenses (e.g. rent, property taxes, groceries, telephone and internet bills, etc.); and
  • Granting each another power of attorney over the other’s finances and personal affairs in the event of becoming physically or mentally impaired.

The cohabitation agreement between the de facto spouses takes effect as soon as it is either (1) drawn up by a notary or lawyer and signed by both spouses, or (2) drawn up and signed by the spouses in the presence of two witnesses. The cohabitation agreement can be drawn up either in French or English.

For more detailed information on cohabitation agreements between de facto spouses, visit the Ministry of Justice website.

Unlike married or civil union couples, de facto spouses cannot register a family residence. This means that your de facto spouse could sell the residence without your consent if they are the registered owner.

However, you can click here to learn how you might still be able to be protected.

How can I end my de facto union in English?

If de facto spouses decide to end their union, the separation can be resolved in accordance with the terms of their cohabitation contract (see What Protections And Obligations Do I Have In A De Facto Union In Quebec? above)

You and your de facto spouse could also draft a separation agreement during your relationship to prepare for this possibility. The terms of this agreement can include:

  • How the property is to be divided between the spouses;
  • Who will get custody of the children; and
  • How much child support one spouse will provide to the other.

Similar to a cohabitation agreement, a separation agreement can be drawn up with the assistance of a lawyer or notary, in either French or in English.

These agreements can be brought to the Superior Court of Quebec, which will examine and execute the terms of the agreement. You and your de facto spouse have the right to have your case at the Superior Court heard in either French or English.

For more information on how to handle the end of a de facto union, click here.

English-Language Rights in Family Mediation

If you and your spouse have children and cannot agree on the terms to end your de facto union, you will be required to consider family mediation as a method to resolve your differences before going to court.

While you must consider it, you are not obligated to participate family mediation. The choice must include the voluntary consent of both spouses.

If you and your spouse have children under the age of 18, then you must attend a free information session on parenting and family mediation provided by the Ministry of Justice.

  • You and your spouse must attend this information session as part of your consideration of family mediation to solve your disagreements.
  • Your case cannot go to trial if either you or your spouse do not attend this information session. However, you and your spouse are not required to attend the same information session.

English-language information sessions are offered by the Ministry of Justice, though not as often as French-language sessions. This unequal level of access could cause scheduling problems for English-speakers who may not wish to attend the same session as their spouse.

  • You may be exempted from having to attend an information session if you have suffered domestic violence at the hands of your spouse.

Visit the Ministry of Justice website to book a spot in an English-language information session.

Once you and your spouse have attended the information session, you are together entitled to five hours of free family mediation if you choose to use it, in either French or English.

As part of a new pilot project, if you and your spouse do not have children, you may be able to receive three hours of free family mediation in French or English. Learn more by clicking here.

You can use the Ministry of Justice’s online search tool to find a family mediator close to you.

For more information on the objectives and uses of family mediation, visit the website of the Ministry of Justice.

English-Language Rights Before the Courts

The Superior Court of Quebec carries out the terms of a cohabitation and separation agreement between de facto spouses. It can decide on matters such as child custody, child support payments, and how property is to be divided.

The Canadian Constitution gives you the right to access Quebec’s courts in both French and English. This means that you have the right to file your application, communicate with the Superior Court clerk, and have the court’s judgment on your case granted in English.

For divorce proceedings, Quebec’s Superior Court provides the Application for Divorce – Form I in English on their website.

NOTE: On June 1, 2022, the Quebec government officially passed Bill 96, a new law that imposes new language rules upon the province’s court system. Controversially, this bill:

  • No longer requires that all judges appointed to Quebec courts have English-language skills;
  • Lets the Ministers of Justice and the French Language decide which court districts (i.e. cities and towns) in Quebec may have judges with English-language skills; and
  • Requires all written English-language judgments to include a French-language translation.

This new bill could make it much harder for English-speakers in Quebec to access the court system in English.

  • It could make accessing an English-speaking judge in Quebec very difficult for English-speakers living in certain parts of the province.
  • It could also create delays in resolving disputes between spouses, not otherwise experienced by Quebec’s French-speaking population.

The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.

Which institutions in oversee and resolve issues relating to de facto unions in Quebec?

The Ministry of Justice and the Superior Court of Quebec are the two primary bodies the deal with de facto union issues. They offer a variety of administrative and online services in English to varying degrees, depending on the type of information or service you may need.

Quebec Ministry of Justice

The Ministry of Justice is responsible for the administration of the courts and ensuring access to justice for the residents of Quebec in both French and English.

However, the Ministry’s website provides procedural information in both official languages only on certain family law topics, including:

To locate the courthouse nearest your residence , you can visit the Ministry’s Find a Courthouse webpage (available only in French).

To find out how to contact the Ministry directly, click here.

When contacting the Ministry via telephone (418-643-5140, option 3):

  • Be aware there is an automated voice recording in French explaining the services offered by the Ministry that must be listened to before the caller can request listening to this same information in English by pressing “9”.
The Superior Court of Quebec

The Superior Court of Quebec has the authority to oversee cases involving assets of $85,000 or more, or in areas of bankruptcy, administrative or family law. It can also review the judicial decisions of lower courts.

The Superior Court holds its cases in many courthouses across the province, but is generally split into the Montreal and Quebec Divisions.

 

Youth Protection

What rights do children have in Canadian and Quebec law?

Children in Quebec have the right to be heard and understood when the government must intervene in their family life. Since this right aims to promote the child’s best interests, the child is free to express themselves in whichever language they are most comfortable, including English. The government can accommodate the linguistic needs of the child by providing for the appropriate translation services, if necessary.

The Canadian Constitution gives the provinces power over health and social services relating to communities living within their territory. This means that the Quebec government establishes and manages the institutions that promote the safety of children in the province. There also exist several community organizations that focus on the growth and development of children in Quebec.

In Quebec, the Civil Code and Youth Protection Act (YPA) guarantee all children (individuals less than 18 years of age) the right to be safe, attended to, and protected from harm.

Anyone making a decision on behalf of a child must consider the child’s best interests.

  • These interests include tending to their particular physical, material, and emotional needs, such as healthcare, education, financial support, food, clothing, shelter, etc.
  • For Indigenous children, these needs also include preserving the child’s cultural identity.

If the government must intervene, and a child must be removed from their family home and placed with relatives or in a family-type resource (such as a foster home or rehabilitation centre), they still have the same right to continuous care, stable relationships, and secure living conditions.

  • This care, security and stability must meet the child’s personal needs, and must be similar to those of a normal, healthy family environment.
  • Special effort must also be made to place Indigenous children in an alternative living environment that can preserve their cultural identity (such as placing them with a member of their extended family, their community, or their particular nation).
Language Rights for Children in Quebec

Importantly, the YPA obligates anyone making decisions about a child’s well-being (such as foster parents, social workers, or government or court officials) to communicate “in language appropriate to the child’s age and understanding”.

The child must understand the information being shared with them during the government’s intervention process, even when doing so means speaking to the child in English if that is the language they speak or understand best.

If the government or court is required to make a decision regarding the child’s welfare, the child has the right to be heard and listened to during the decision-making process.

This right also allows the child to express their concerns and points of view in English while communicating with government or court officials, social workers, or while testifying before a judge. Additionally, the services of a translator can be provided where needed.

For a full list of rights granted to children by the YPA, visit the website of the Commission des droits de la personne et des droits de la jeunesse.

NOTE: The Quebec government is currently working to pass Bill 15, a major change to the province’s youth protection laws. Under this legislation, acting within the best interests of a child is given greater importance compared to the rights of their parents or guardians.

Through this bill, keeping a child in their family home will no longer be an essential priority when making decisions in the child’s best interest. This means, in part, that keeping a child within their family home will be favoured, but will not automatically be considered in their best interest.

The bill is currently being discussed in public consultations of the Committee on Health and Social Services at the National Assembly.

What rights and obligations do parents have towards their children in Quebec law?

Parental Rights

Civil Code of Québec (CCQ) and the Youth Protection Act (YPA) give parents the right to oversee their children’s upbringing, namely with respect to their care, education, maintenance, and supervision.

  • When the government must intervene to protect a child from a dangerous family environment, parents have the right to be kept informed of each stage of the intervention.
  • Parents must also be informed if their child is to be placed in a foster family or rehabilitation centre, and of their child’s movements if transferred to another residence.

If the government or court is required to make a decision about the child’s welfare, their parents have the right to be consulted and heard during the decision-making process.

This right also allows parents to express their concerns and points of view in English while communicating with government or court officials, social workers, or while testifying before a judge. Additionally, the services of a translator can be provided by the government or court, where needed.

Parental Obligations

The CCQ and YPA give parents primary responsibility over their child’s upbringing.

However, the government also has a responsibility towards the child as it is obligated to intervene where a child is in danger of abuse, neglect, or abandonment.

Parents reported for abusive or neglectful behaviour are required to cooperate with the government to try preventing or ending the dangerous situation for their child.

Parents may also be required, in certain circumstances, to pay a financial contribution towards the foster care or rehabilitation of their child.

Which institutions oversee youth protection matters in Quebec?

The Director of Youth Protection, the Commission des droits de la personne et des droits de la jeunesse, and the Court of Quebec are the three primary bodies that deal with youth protection matters. They offer administrative and online services in English to varying degrees, depending on the type of information or service you may need.

Director of Youth Protection (DYP)

With several appointed across the province, a DYP administers the rights and obligations of the Youth Protection Act in every administrative region of Quebec. Formerly working out of “youth centres”, a DYP now operates out of each region’s Integrated University Health and Social Services Centre (Centre intégré universitaire de santé et de services sociaux, or CIUSSS) or Integrated Health and Social Services Centre (Centre intégré de santé et de services sociaux, or CISSS).

Quebec law establishes that DYPs on the island of Montreal can offer their services in English and French. In practice, this means that Montreal’s five CIUSSSs divide their services between the island’s French- and English-speaking communities.

No matter the region in which they operate, the DYP receives and processes reports of child abuse, neglect, or abandonment, and intervenes where the child is in need of protection.

They then implement measures with the goal to improve the child’s living conditions and family life, all before a final assessment to determine whether the child will be safe and protected in their family home.

Visit the Quebec government website for detailed information on the DYP’s duties to the children of their region. The DYP’s offices are open for phone calls 24 hours a day, every day of the week.

For more specific information on how to report child mistreatment to the DYP in English, see How Can I Report The Mistreatment Of A Child In English? below.

Commission des droits de la personne et des droits de la jeunesse (Commission)

The Commission handles claims by children or their parents in situations where the child’s or parents’ rights have not been respected by the DYP, a foster family, a rehabilitation centre, or the courts.

They also provide legal information to children and parents about their rights, and can assist in reporting cases of child mistreatment to the DYP.

The Commission can also hear complaints regarding discrimination and harassment of children. Click here to learn how to file a complaint.

Court of Quebec

While the Superior Court hears most cases of family law, it is the Court of Quebec (their Youth Chamber, or Chambre de la jeunesse) that makes judgments on matters of youth protection. They can hear complaints presented by parents or children about decisions made by the DYP.

The Court of Quebec also provides parents and the DYP the option of resolving their issues through a settlement conference, overseen by a judge acting as a mediator.

For more detailed information on the entire settlement procedure and process, visit the Court of Quebec website.

The Canadian Constitution gives you the right to access Quebec’s courts in both French and English. This means that you have the right to file your application, communicate with the court clerk, testify before the judge, and have the court’s judgment on your case be written in English.

For youth protection mediation, the Court of Quebec provides the forms for a Request for a Settlement Conference and a Confidentiality Agreement in English on their website.

NOTE: The Quebec government is currently working to pass Bill 96, a law that imposes new language rules upon the province’s court system. Controversially, this bill:

  • No longer requires that all judges appointed to Quebec courts have English-language skills;
  • Lets the Ministers of Justice and the French Language decide which court districts (i.e. cities and towns) in Quebec may have judges with English-language skills; and
  • Requires all written English-language judgments to include a French-language translation.

This new bill could make it much harder for English-speakers in Quebec to access the court system in English.

  • It could make accessing an English-speaking judge in Quebec very difficult for English-speakers living in certain parts of the province.
  • It could also create delays in resolving child protection cases not otherwise experienced by Quebec’s French-speaking population.

The bill was long discussed in consultations before the Committee on Culture and Education at the National Assembly. More information will be provided as new developments emerge.

How can I report the mistreatment of a child in English?

A completely confidential process, reporting mistreatment includes any known or suspected case of child abuse, neglect, or abandonment. All reports can be filed by members of the public in English, either by telephone, in writing, or in person, in any DYP office across Quebec.

Visit the Quebec government website to read up on how to report child mistreatment, including a list of questions you will be asked by the DYP.

  • Also, please read the government webpage on whether you do or may have a duty to report cases of child abuse, neglect, or abandonment to the DYP.

You can also read the detailed webpage of the Commission des droits de la personne et droits de la jeunesse on how, when, and where to report a case of child mistreatment to the DYP.

When reporting child mistreatment to the DYP via telephone:

  • Make sure to contact the DYP in your region (more precisely, the region where the child lives).
  • For reporting a case involving an English-speaking child living on the Island of Montreal or Île-Bizard, contact the DYP of the Batshaw Youth and Family Centres (514-935-6196).
  • To find out how to communicate in English with the various regional offices of the DYP, see our DYP Regional Offices Directory.

Can children access services in English in Quebec’s foster families and rehabilitation centres?

Which services in foster families and rehabilitation centres are provided in English will be based on the linguistic needs of the community served by the regional Integrated Health and Social Services Centre. In other words, the availability of English-language services for children will largely depend on the Access Program of a particular administrative region.

Quebec’s Act respecting health services and social services (AHSSS) defines a foster family as a place of residence for up to nine children under the care of one or two adults. The foster family must do all it can to promote a parental relationship with the foster children and provide them with a family-like environment.

The AHSSS also defines a rehabilitation centre as a facility whose purpose is to help support parents and treat their children struggling with mental disorders, behavioural problems, or substance abuse issues.

As it stands, the only rehabilitation centre that offers any of its services in English in Quebec is on the Island of Montreal: the Batshaw Youth and Family Centres.

  • English-speaking children living outside of Montreal that require emergency care will likely be placed in French-language rehabilitation centre.
  • From there, the child’s case worker could submit a request to the West-Island Integrated University Health and Social Services Centre to have the English-speaking child transferred to Bathsaw.

Foster families and rehabilitation centres are required to provide the children under their protection with “support and assistance services”, some of which include:

  • Ensuring the child’s comfort and safety;
  • Preparing the child’s meals (factoring in food allergies and dietary restrictions);
  • Managing the child’s allowance for personal expenses;
  • Supporting the child in their daily activities (school, extra-curriculars, etc.);
  • Encouraging the child’s integration into the foster family or rehabilitation centre’s social life; and
  • Providing follow-up for the child’s healthcare and social services.

The Youth Protection Act explains that any child in government custody must be placed in a foster family or rehabilitation centre that is “appropriate to [their] needs and rights”, but also while considering the “human, material, and financial resources” available in the region.

  • In effect, this means that the Director of Youth Protection or the Court of Quebec cannot guarantee all English-speaking children will be placed in an English-speaking foster family or English-language rehabilitation centre. However, this sort of accommodation for English-speaking children would normally be considered, whenever possible.

 

Family & Youth Resources

Legal Clinics

Centre de justice de proximité du Grand Montréal – CJP

514-227-3782, option 4

Opening Hours: Monday–Thursday, 9am–5pm

The CJP of Greater Montreal provides free legal information in English on general family law matters. The lawyers on staff only provide legal information, not specific advice. They are currently taking questions only by telephone or video calls.

Visit CJP website for more detailed information.

Head & Hands – H&H

514-481-0277
info@headandhands.ca

Opening Hours: Monday & Friday, 12–5pm; Wednesday & Thursday, 12–6pm

The H&H offers free legal advice in many areas, including family law services, for youth between 12 to 25 years old. Clients over the age of 25 are encouraged to make a $20 donation.

Visit the H&H website for more information on their Legal Programs and Services.

Legal Information Clinic at McGill – LICM (514-398-6792)

Opening Hours: Monday & Wednesday, 9am–5pm; Tuesday & Thursday 11am–7pm; Friday 9am–3pm

Operated by law students, this legal clinic can answer various questions on family law, including marriage, civil unions, divorce, adoption, custody and youth protection.

The Clinic provides the public with the option to register to attend Know Your Rights information sessions on many areas of law, including immigration (announcements made on their social media pages).

Visit the LICM website for more information.

Mile End Legal Clinic – MELC

514-507-3054
info@melc.ca

Opening Hours: Wednesday, 4–7pm

The MELC offers free legal assistance in lots of areas, including family law. First consultation is usually with a law student providing legal information.

Follow-up consultations may be with a volunteer lawyer who can give specific advice to the client, though the MELC does not represent clients at the TAL.

NOTE: the Park Extension Legal Clinic (open Monday, 3–6pm) and Tyndale St-Georges Legal Clinic (Monday, 6–7pm) are also affiliated with the MELC.

Visit the MELC website for more information.

YWCA Legal Information Clinic – YLIC

514-866-9941, ext. 293
infojuridique@ydesfemmesmtl.org

Opening Hours: Monday–Friday, 9am–5pm

The YLIC offers women legal information in various domains. They also can help in finding employment and long-term shelter for vulnerable women. They can also help with writing demand letters and filling out certain legal documents.

The Clinic offers each client three 30-minute sessions per year (either free or with a fee up to $20, depending on the client’s financial situation).

Visit the YLIC website for more information.

Family & Youth Organizations

Batshaw Youth and Family Centres

514-935-6196 (to report child mistreatment)
514-989-1885 (head office)

Opening Hours: Monday–Friday, 9am–5pm

An officially bilingual institution recognized by the Quebec government, Batshaw holds the DYP office for the Montreal West Island Integrated University Health and Social Services Centre.

They receive and process reports of potential child mistreatment, oversee young offenders’ navigation through the criminal justice system, help in placing children in foster families and rehabilitation centres, and offer families adoption and mediation services.

Visit their website for more detailed information.

Chez Doris

514-937-2341, option 0
info@chezdoris.org

Opening Hours: Monday–Friday, 8:30am–10pm; essential services for unhoused women also on Saturdays & Sundays, 1pm–8am

A day shelter helping women in dangerous circumstances, offering 24/7 care. Offer hygiene products, help with housing placements, services for mental health.

Visit their website for more information.

DESTA Black Youth Network

514-664-5042
support@destabyn.org

Opening Hours: Monday–Friday, 9am–3pm

DESTA offers support to members of Montreal’s Black community, aged 18 to 35. They help young people with academic advising, access to vocational training, personalized career counselling, cover letter and CV writing, businesses courses, mentorship, and more.

Visit their website for more information.

Inform’elle

droitpourelle@informelle.osbl.ca

450-443-8221 (for legal information)
450-443-3442, ext. 221 (for family mediation)

Opening Hours: Monday–Friday, 9am–4:30pm

Inform’elle is a free telephone service for family law questions. Offers family mediation services with separating and divorcing couples with or without children. Certain information sessions may come with a small fee ($5-10).

Visit their website for more information (available only in French).

JusticeTrans

1-819-210-9958
admin@justicetrans.org

Opening Hours: Monday–Friday, 9am–5pm

Provides legal information to transgender people, and can refer clients to various trans-positive legal services across Canada.

Visit their website and Quebec webpage for more information.

You can also consult the Quebec Resources page for a list of LGBTQ+ support groups and organizations.

Kids Help Phone

1-800-668-6868, or text PARLER or CONNECT to 686868

Opening Hours: 24 hours day, 7 days a week

Listening service with counsellors who take calls from youth aged 20 and under. They offer services to help you connect with other young people, deal with a crisis at home, and learn about mental health resources.

They stress to call 911 if you are in immediate danger.

Visit their website for more information.

Le Chaînon

514-845-0151
info@lechainon.org

Opening Hours: 24 hours day, every day of the week

An organization that helps women aged 18 and over with counselling and referral services, lodging, and eventual assistance with finding housing and work. Have staff that can speak French, English, and Spanish.

Visit their website for more information.

RePère

514-381-3511
info@repere.org

Opening Hours: Monday–Friday, 9am–5pm (most workers are remote, easier to contact via email or leave a message)

Legal organization that helps men with children in family law matters, particularly in issues relating to divorce, custody, and child support. Membership costs $15 per year, along with $5 for use of their legal information services.

Visit their website for more information (mostly in French).

Shield of Athena

Montreal: 514-274-8117; 1-877-274-8117 (toll free)
Laval: 450-688-6584

Opening Hours: Monday–Friday, 9am–5pm

Provides services to women and their children who are victims of domestic abuse or who are fleeing intimate partner violence. The organization offers legal information, access to social workers, emergency shelter and intervention services if needed.

Visit their website for more information.

Teen Haven

514-769-1441

A residential group home in Montreal for teenagers in dangerous or unstable family situations. Provides teen residents with many services, including various development programs to help promote personal independence and healthier family ties.

Visit their website for more information.

Tel-Jeunes

1-800-263-2266, or text 514-600-1002

Opening Hours: call anytime, any day; text any day, anytime between 8am–10:30pm

Youth counselling service with operators on stand-by ready to assist young people in need of advice or support.

Visit their website for more information.

Union for Gender Empowerment

ugecollective@gmail.com

An LGBTQ+ referral service by the Student Society of McGill University. Provide Montreal-based services for help with gender affirmation, and active listening counselling for queer and transgender members of the public.

Visit their website for more information.

Women’s Centre of Montreal

514-842-4780
spl@centredesfemmesdemtl.org

Opening Hours: Monday, Wednesday & Friday, 9am–9pm; Tuesday & Thursday, 9am–5 pm

A support and information service for women in the Greater Montreal area, including immigrant and Indigenous women.

They have lawyers on site who can offer legal advice in most areas of law (except health law). However, the lawyers do not write demand letters.

Visit their website for more information.

Éducaloi

An open-access encyclopedia of Quebec and Canadian law, this neutral non-profit provides legal information on parent and child rights and protections. Important information for parents and children is available on the parenting webpage of their website.

It also published a detailed web guide for couples going through a separation or divorce, including information on mediation, division of family property, and child custody.

You Might Also Like

Follow Us

Stay connected

We have lots to talk about.

Menu