Final provisions

• Author: Denis Le May
• Profession: Conseiller a la documentation Bibliotheque de l'Université Laval
• Pages: 180-180

180

The Civil Code of Québec in Chart Form

FINAL PROVISIONS

This Code replaces the Civil Code of Lower Canada adopted by chapter 41 of the statutes of 1865

of the Legislature of the Province of Canada, An Act respecting the Civil Code of Lower Canada, as

amended. It also replaces the first section of chapter 39 of the statutes of 1980, An Act to establish a

new Civil Code and to reform family law, as amended, and chapter 18 of the statutes of 1987, An Act to

add the reformed law of persons, successions and property to the Civil Code of Québec.

This Code will come into force on the date to be fixed by the Government, in accordance with the pro-

visions of the legislation respecting the implementation to the Civil Code reform.

The Code

replaces

the Civil Code of Lower Canada (1865)

the Civil Code of Québec (1980)

the Civil Code Reform Act (1987)

comes into force

on the date fixed by the government1

in accordance with the implementation legislation2

1 The Code came into force on 1 January 1994. See Order 712-93, 19 May 1993 as published in Gazette officielle du Québec, Part 2, at 2805

(3589 in the French version).

2 The effect of the new Code on existing law and the extent to which it applies to current or partly spent situations, is entirely governed by

separate legislation. See An Act respecting the implementation of the reform of the Civil Code, S.Q. 1992, c. 57, which came into effect on

the same day as the Code. The basic rule is that while the new legislation has no retroactive effect (s. 2), it nonetheless immediately applies

to existing situations (s. 3). Most of the statute sets forth special rules for each Book of the Code (ss. 11–170), then modifies the Code of civil

procedure accordingly (ss. 171–422), and finally deals with provisions relating to other acts (ss. 423–718).

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