Quebec’s New Code of Civil Procedure Will Come Into Force in 2015

Quebec’s new Code of Civil Procedure received royal assent with amendments on February 21, 2014, and is expected to come into force by proclamation in fall 2015. The main objectives of Bill 28, An Act to establish the new Code of Civil Procedure (which is explained in my previous post here), are to modernize court procedures and processes, improve public confidence in the court system and make access to justice more efficient, simpler, faster and less costly.

As stated by the Barreau du Quebec (the province’s bar association), the reform to the Code is an important change in culture, one that encourages parties in a dispute to try to resolve their disagreements by amicable means (e.g., mediation, arbitration and other dispute resolution processes) before progressing to courts and tribunals. Parties are expected to consider courts and tribunals as a last resort to be used in proportion to the nature, time and cost involved, complexity and purpose of the application.

The Barreau is now working on programs to inform and educate lawyers, law students, the public and other interested stakeholders on the overhaul and application of the Code. The expected coming-into-force date will also allow time to ensure effective non-judicial processes for dispute resolutions and other measures contained in the new Code are in place.