Cecily Zamora
Quebec law is under the shared responsibility of the federal government and the provincial government. The province operates under a hybrid jurisdiction, applying civil law principles to private relationships and common law traditions to administrative and criminal law systems. Quebec's civil code is based on the Code Napoléon, reflecting its French inheritance. The province's civil laws are made by the National Assembly, while criminal laws are made by the Parliament of Canada and apply to all provinces and territories. Quebec law can be divided into two spheres: private law and public law. Private law in Quebec affects all relationships between individuals and is largely under the jurisdiction of the Parliament of Quebec, with influence from the Parliament of Canada.
| Characteristics | Values |
|---|---|
| Jurisdiction | Quebec law is under the shared responsibility of the federal government and the provincial government. |
| Official Language | French |
| Types of Law | Civil law, Common law |
| Law-making Bodies | The National Assembly, The Parliament of Quebec, The Parliament of Canada |
| Law Types | Private law, Public law |
| Law Sources | Legislation, Case law |
| Law Application | Quebec laws apply only in the province. |
| Law Compliance | Compliance with Canadian and Quebec Charters of Rights and Freedoms is mandatory. |
| Recent Law | Law 25 (also known as Bill 64) focuses on data privacy and protection of personal information. |
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What You'll Learn
Quebec's Law 25: Data privacy and protection of personal information
Quebec's Law 25, officially titled "An Act respecting the protection of personal information in the private sector" (Loi sur la protection des renseignements personnels dans le secteur privé), is a comprehensive piece of legislation enacted in Quebec, Canada, aimed at strengthening data protection rights and individual privacy rights. It is also known as the "Act to modernize legislative provisions as regards the protection of personal information" or Bill 64. The law came into effect in a phased manner, with the initial phase starting on September 22, 2022.
Law 25 is a significant update to Quebec's data privacy framework, aligning it with stringent global standards like the General Data Protection Regulation (GDPR) in the European Union. It introduces several key changes to enhance user consent, increase transparency, strengthen enforcement mechanisms, and improve data breach notification requirements. Organizations now need explicit and informed consent from individuals before collecting, using, or disclosing their personal information.
The law applies to all organizations "carrying on an enterprise" in Quebec that collect, process, use, or disclose the personal information of individuals located in Quebec. This includes businesses involved in organized economic activities, such as collecting, storing, utilizing, or sharing personal information with third parties, regardless of their profit status. The law grants significant new privacy rights to Quebec residents and imposes heightened obligations on public and private organizations handling personal information.
To ensure compliance, organizations must appoint a Privacy Officer to oversee data subject requests, data breach reporting, and Privacy Impact Assessments. The contact information of the Privacy Officer must be made public. Additionally, businesses must provide clear and easily accessible information about their data collection, use, and protection practices, including the use of tracking technologies such as cookies.
Quebec's Law 25 is comparable to Canada's federal law, the Personal Information Protection and Electronic Documents Act (PIPEDA). However, Law 25 offers Quebec residents a full set of individual rights and imposes stricter consent requirements than PIPEDA.
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Criminal law
Quebec law is under the shared responsibility of the federal government and the provincial government. The federal government is responsible for criminal law, along with foreign affairs, commerce, interprovincial transportation, and telecommunications. The two main categories of law in Quebec are criminal law and civil law.
In Quebec, criminal law is based on the common law system and applied at the federal level. Quebec law can be divided into two spheres: private law and public law. While the other provinces operate under common law, Quebec continues to apply civil law toward civil private law matters. In areas of law under federal jurisdiction, Quebec is subject to common law. The official language of Quebec law is French, and all Quebec and Canadian laws must respect the Canadian Charter of Rights and Freedoms, as well as Quebec's own Charter of human rights and freedoms.
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Civil law
Quebec's legal system is unique in Canada. Quebec is the only province in Canada with a juridical legal system under which civil matters are regulated by French-heritage civil law. This civil law system is a combination of the Civil Code and the Acts and Regulations. The Civil Code of Quebec is the primary text that includes the principles and rules of law governing legal persons, property law, family law, obligations, civil liability, conflict of laws, etc. The current Civil Code of Quebec came into force on January 1, 1994, and is in ten sections: Persons, Family, Successions, Property, Obligations, Prior Claims and Hypothecs, Evidence, Prescription, Publication of Rights, and Private International Law.
The civil law system creates a generalized duty of care between all individuals living together in a society. A typical situation in which the common law and civil law approach differ is the case of the bystander. In a common law jurisdiction, a bystander who comes across a person in distress and does nothing to help said person cannot be held responsible, as the bystander owes no duty of care to the person in distress. In Quebec, a bystander is required to take all reasonable steps to help an individual in distress, although the bystander is not required to put themselves at risk.
While the other provinces operate under common law, Quebec continues to apply civil law toward civil private law matters. In areas of law under federal jurisdiction, Quebec is subject to common law. Quebec has a bijuridical legal system, and civil law and common law occasionally overlap or contradict each other. For example, marriage and divorce fall under federal jurisdiction, so divorce proceedings may apply federal laws and regulations and common law concepts.
Quebec has two main court levels: a superior court, designated as the Superior Court of Quebec, which has primary, inherent jurisdiction over most civil claims, and a lower provincial court, designated as the Court of Quebec, which has a limited jurisdiction determined by statute.
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Private law
Quebec law can be divided into two spheres: private law and public law. Private law concerns the relationships between individuals, while public law deals with the rules governing the Québécois government. Private law in Quebec affects all relationships between individuals (natural or juridical persons) and is primarily under the jurisdiction of the Parliament of Quebec. However, the Parliament of Canada also influences Quebec's private law, particularly through its power over banks, bankruptcy, marriage, divorce, and maritime law.
The Droit civil du Québec is the main component of Quebec's private law and is codified in the Civil Code of Quebec, which was enacted in 1980. The Civil Code of Quebec is the primary text that defines Jus commune in Quebec and includes the principles and rules of law governing legal persons, property law, family law, obligations, civil liability, and conflict of laws. Quebec's private law is based on civil law, which was reinstated by the British Parliament in 1774 with the Quebec Act. This Act ensured that disputes relating to "Property and Civil Rights" would be decided by the former law of Quebec, marking a return to the civil law legal system for private law matters.
Quebec's approach to private law is unique within Canada, as it is the only province that continues to apply civil law to civil private law matters. All other provinces operate under common law. This distinction means that Quebec has a bijuridical legal system, where civil law and common law can overlap or contradict each other. For example, while marriage ceremonies follow the Civil Code of Quebec, divorce proceedings may apply federal laws, regulations, and common law concepts.
In addition to the Civil Code of Quebec, other legislation also impacts private law in the province. Quebec Law 25, officially known as "An Act respecting the protection of personal information in the private sector" (Loi sur la protection des renseignements personnels dans le secteur privé), is a significant piece of legislation in this regard. It serves as a data privacy law, aiming to protect the personal information of Quebec residents and imposing new obligations on organizations handling data. This law grants individuals the right to take legal action against businesses that violate their privacy rights, empowering them with various data subject rights, including the right to access, rectify, and object to the use of their personal information.
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Public law
Quebec law is under the shared responsibility of the federal government and the provincial government. The federal government is responsible for criminal law, foreign affairs, commerce, interprovincial transportation, and telecommunications. Quebec's public law is subject to common law, like the rest of Canada's provinces and territories. This means that Quebec's public law is guided by the common-law tradition, which is the Anglo-American legal tradition.
The Parliament of Canada makes Canadian criminal laws, and they apply in all provinces and territories of Canada. Quebec's public law is also influenced by the Civil Code of Quebec, which is one of the most important laws in the province. The Civil Code of Quebec is based on the Code Napoléon, reflecting Quebec's French inheritance. It is the primary source of Quebec's private law, which is mostly exercised under a civil tradition.
The Parliament of Quebec, which includes the National Assembly and the King (represented by the Lieutenant Governor), is responsible for proposing and approving laws specific to the province. The National Assembly presents and votes on proposed laws, called "bills". When the Lieutenant Governor approves a bill, it becomes a law specific to the province of Quebec.
All Quebec laws must respect the Canadian Charter of Rights and Freedoms, as well as Quebec's own Charter of Human Rights and Freedoms, which applies only in Quebec.
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Frequently asked questions
Quebec's Law 25, also known as the "Act to modernize legislative provisions as regards the protection of personal information" or Bill 64, is a comprehensive piece of legislation enacted to strengthen data protection rights for individuals and impose new responsibilities on organisations that handle personal information.
Quebec law is under the shared responsibility of the federal government and the provincial government. While the other provinces operate under common law, Quebec applies civil law principles (reflecting its French inheritance) to private relationships. In areas of law under federal jurisdiction, Quebec is bound by Canadian federal law.
Legislation is the primary source of Quebec law. However, because private law is mostly exercised under a civil tradition, case law is also a strong source.
