Quebec

Canada – Quebec

Contact

Ministere de la Justice
Direction du droit Adminstratif
2 Etage-1200 Route de L Eglise
Sainte-Foy, Quebec G1V 4M1

Tel : 1-418-644-8477
Fax : 1-418-646-1696

Ministère du Revenu/Gouvernement du Québec
Direction de la Perception des Pensions Alimentaires – Québec
3800, rue de Marly
Sainte-Foy, Quebec
Canada G1X 4A5

Tel.: 1-888-488-2323/418-652-4413
Fax: (418) 646-8270

www.revenue.gouv.qc.ca

Ministere du Revenue/Gouvernment du Quebec
Direction de la Perception des Pensions Alimentaires Montreal
577 Boul Henribourassa Est
2 E Etage
Montreal, Québec Canada H2C 1E2

Tel: 1-800-488-2323/ 418-652-4413
Fax: 418-646-8270

www.revenu.gouv.qc.ca

Overview

PROVINCES

All the provinces and the territories of Canada.

STATES

California
Florida
Maine
Massachusetts
New Jersey
New York
Pennsylvania

Relevant Laws

Basic Principles:

If the debtor is outside Quebec, and does not own any possessions there, the modes of perception foreseen in the LFPPA cannot apply to him as well as most of the means of perception given to the Minister by the Quebec laws.

On the other hand, when the execution of a judgment is transferred to another province or designated state, it is the laws current in that jurisdiction that apply.

Indexation:

When the execution of a Quebec judgment is transferred to another province or State (aimed by the Decree), the MRQ cannot ask to the foreign MEP to collect the support indexed by virtue of art. 590 C.c.Q[1]because the Quebec civil code does not apply outside Quebec. There is indexation only if the judgment or the foreign laws foresee it.

Also, when the execution of a foreign judgment is transferred to Quebec in application of the LEROA, the MRQ does not have to index the support payments according to article 590 C.c.Q. (by virtue of the rules of private international laws stipulating that the maintenance obligation is governed by the law of the place of residence of the recipient). There is indexation only if the judgment foresees it.

IMPORTANT:

However, as for a judgment rendered by a Quebec court which confirms, with or without modification, a temporary or conditional order pronounced by a competent court of a foreign jurisdiction, it is considered a Quebec judgment liable for the automatic indexation following article 590 C.c. Q.

Payability date:

As soon as there is a foreign MEP in the file, the date of payability is the DATE OF THE JUDGMENT OR THE DATE INDICATED IN THE JUDGMENT. On the other hand, when there is no foreign MEP in the file, the date of payability is the DATE THE MOTION WAS SIGNIFIED TO THE DEFENDANT or the DATE INDICATED IN THE JUDGMENT.

Welfare Debt MSS or MRQ Advances/Recovery of the MRQ Advances and the Overpayment to the Recipient:

If it is the debtor (outside Quebec) who has to pay the advances, the reciprocal execution is opened because it is a question of recuperating arrears of support.

If it is the recipient (outside Quebec) who owes sums, we cannot qualify them as arrears of support but only as overpayments of support, which excludes the appeal to the reciprocal execution in that case. We forward a statement to the recipient for demand of payment;

The foreign MEP will agree to recuperate our advances only when they qualify as arrears of support (the MRQ becomes the recipient by the effect of the subrogation).

Quebec Welfare Debts MSS or Welfare Debts Outside Quebec:

By the effect of the legal subrogation, the MSS becomes ” the beneficiary of a judgment rendered in Quebec ” (art 8 LEROA) and is entitled to ask for the transfer of the file to reciprocal execution; In the same way, a foreign MEP can ask the MRQ, via the process of reciprocal execution, to collect the arrears of support owed in “the social security” of the province or the concerned territory (foreign judgment / debtor in Quebec).

SOURCE DEDUCTIONS:

Generalities:

The source deduction is possible when the judgment is enforceable in Quebec and the debtor is a resident of Quebec even if he works outside Quebec with an employer who has an establishment in Quebec.

When the debtor is outside Quebec in a designated state and when he does not answer our demand for payment, the source deduction must be made by the MEP of his jurisdiction.

If the debtor living in Quebec is working for an employer in Ontario and does not conform to the payment order, the MRQ can emit a seizure by virtue of article 625 C.p.c. which will be executed by Ontario (by virtue of article 50 of the Law of 1996 on the domestic obligations and the execution of the arrears of support (Laws of Ontario of 1996, chap.31)). This seizure allows us to not only seize the salary paid to the debtor by an Ontario employer, but also the benefits from income replacement (such as worker’s compensation).

It is important to note that the use of this appeal must be confined to cases offering a good potential of success
(precise information on the employer or source of income in Ontario).

Welfare Offices Outside Quebec:

We cannot deal directly with the welfare offices outside Quebec; they have to ask the MEP of its jurisdiction to intervene in its name.

Recovery Measures (CPF or Other)”:

The file is not to be forwarded to the CPF[3]for perception for a debtor outside Quebec if this debtor has no assets in Quebec or any amount to be received from the federal government for which a seizure 640.1 C.p.c (federal) could be made.

Main judiciary recourses used by the MRQ:

– Registration of a legal mortgage (mobile goods or real estate)
– Seizures (automobile, paintings, boats, motorcycles, jewels)
– Real estate seizures (land, building, cottage)
– Other seizures (Rent, accounts receivable, pensions, warrant, bank account, RRSP, treatments, salaries, wages, refund of federal tax, unemployment benefits)
– Motion to force a debtor to deposit the seizable portion of his income resulting from self employment or from an employer outside Quebec.

Main administrative recources used by the MRQ:

– Compensation of a payable amount by a public organisation (Quebec income tax and other payable amounts)
– Administrative seizure: rent, amounts registered at the expense of a financial institution, salaries, accounts receivable, pensions and RRSP.

Other recources possible by way of reciprocal execution:

– Suspension of federal licences, canadian passeport, driver’s licence
– Lien on property title (house and furniture), on the other hand these possessions cannot be subject to seizure
– Bank account seizures…etc.

The administration at the origin of the demand can use all the actions allowed on its territory. All other provincial or territorial measures of execution will be maintained until confirmation that the order is controlled and executed by the administration where the debtor lives. At the request of the administration responsible for the execution, the province or the territory at the origin of the demand will terminate the specific measures such as the seizures of federal origin, the refusals to emit a licence and the other federal measures.

[1]C.c.Q : Civil code of Quebec
[2]MSS : Minist¨¦re de la solidarit¨¨ sociale : a.k.a. welfare offices.
[3]CPF : Centre de perception fiscale : Collection

Procedures

PROGRESS OF A FILE in RECIPROCAL EXECUTION

(Trigger element ==> ==> ==> complaint for default of payment)

RECIPIENT IN QUEBEC ==> DEBTOR NOT RESIDING IN QUEBEC

Quebec MEP[1]
Receives the Quebec judgment from the superior court of Quebec;
Sends a demand of execution to the General prosecutor

General prosecutor of Quebec:
Receives demand of execution
Transmits the demand to the prosecutor of the reciprocating province or state

Prosecutor of the reciprocating province or state:
Receives our demand
Transmits the Quebec judgment for deposit to the competent Court

Competent Court:
Deposits the Quebec judgment
Transmits the deposited judgement to their MEP (foreign[2])

Foreign MEP
Receives the judgement to be executed
Perceives the support payments
Sends the amounts perceived to the Quebec MEP

Quebec MEP
Receives the amounts perceived from the foreign MEP
Sends the amounts perceived to the recipient

(Trigger element ==> ==> ==> complaint for default of payment)

RECIPIENT NOT RESIDING IN QUEBEC ==> DEBTOR IN QUEBEC

Foreign MEP:
Receives complaint from the recipient
Demands execution from their General prosecutor

Foreign General prosecutor:
Receives the demand for execution
Transmits the demand to the General prosecutor of Quebec

Quebec General prosecutor:
Receives the demand for execution
Sends the judgement for deposit to the superior court of Quebec

Superior court of Quebec:
Proceeds to the recognition of the foreign judgement
Transmits the judgement to the Quebec MEP

Quebec MEP:
Receives the demand
Perceives the support payments
Sends the amounts perceived to the foreign MEP

Foreign MEP:
Receives the amounts perceived
Sends the amounts perceived to the recipient

Opening a reciprocal execution file:
The person responsible for the opening of files in reciprocal execution receives the files for which the recipient is outside Quebec (in a reciprocating state) and for which a foreign MEP is present to perceive and pay out the support payments.

Following a reciprocal execution file:
These files concern a recipient or a debtor outside Quebec (in a reciprocating state) and for which a foreign MEP is present or will be required to perceive and pay out the support payments. A demand of reciprocal execution will be required for the debtor in a reciprocating state, only in cases where a default of payment is denounced.

RESPONSIBLE FOR the TREATMENT ACCORDING TO THE SITUATION

NON NECESSARY IMPLICATION OF THE DPPPA

If agreement between the parties and the debtor outside Quebec makes payments directly to the recipient and without default (military and federal inclusive).

If there is a demand for exemption[3]and the debtor resides outside Quebec and has not supplied the security deposit.

If file is not subject to the application of the Quebec Law.

If the origin of the file is a demand from a foreign MEP but the debtor cannot be found in Quebec.

If judgment is not enforceable.

If both parties are outside Quebec and if there is no welfare or MRQ debt to be perceived.

Default of Payment:

General principle:
Even if the Quebec Law does not apply to a debtor outside Quebec, nothing prevents us from making an attempt of recovery by sending a demand for payment to this debtor. However, if the debtor does not follow up on our request, the only way to execute the judgment is the appeal to the LEROA (Loi sur l’exécution réciproque d’ordonnance alimentaire). Let us note that in such a case, the MRQ cannot send any more advances to the recipient. The MRQ can proceed to the transfer of the file to reciprocal execution, but is not held to do so. According to an administrative decision, the MRQ will intervene only in cases of default of payment on the debtor’s part.

Notion of default of payment

Upon the arrival of a new judgment, the file of a debtor outside Quebec will be treated at first by the regular sectors even if the recipient indicated a default of payment. The debtor will be considered in default of payment if he does not make the payment or does not take agreement to do so after he receiving the demand for payment forwarded by the regular sector. All the attempts of perception by the DPPPA having thus failed.

If the file is already in treatment at the DPPPA, and the debtor stops making the payments of the support. Further to the interventions of the DPPPA, the debtor refuses to pursue the payment of the support or does not follow up our demand for payment.

TRANSFER OF THE FILE TO THE RECIPROCAL EXECUTION SECTOR

When a debtor resides somewhere else in Canada and is in default of payment, the MRQ transfers the execution of the judgment to the foreign authority concerned in application of the Law on the reciprocal execution orders. Considering the numerous stages required by the process, it sometimes takes at least one year before there is actual perception in the file by the foreign jurisdiction.

In the same context, the MRQ will have the CPF emit a federal seizure (640.1 C.p.c[4]) to intercept federal amounts payable to the debtor between the date of the demand of transfer to reciprocal execution of the judgment and the opening of the file by the foreign authority.
Upon confirmation that the foreign jurisdiction manages effectively the file, the MRQ will give a release to avoid the overlapping of the procedures.

COMMUNICATION WITH THE FOREIGN MEP:

It is necessary to inform the parties outside Quebec when communicating directly with us to phone the MEP of their jurisdiction to obtain information on their file. Also, the parties in Quebec have to communicate with the DPPPA if we are present in the file. Afterwards it is the MEPs who communicate between themselves the information or the relevant demands for the treatment of the file.

FILES WHERE BOTH PARTIES ARE OUTSIDE QUEBEC

When we have a MSS debt to be perceived or advances to recuperate we shall have to treat files where both parties are outside Quebec. If a foreign MEP is at the origin of the demand or if he is required for the perception of the debt, the file will be treated in reciprocal execution, otherwise, it will be treated in the regular sector.