Cross-Border Enforcement Guideline - Quebec Province, Canada
2025-09-12
CIVIL AND COMMERCIAL JUDGMENTS
（One）With which jurisdictions does this jurisdiction have reciprocal arrangements for enforcement of civil and commercial judgments?
Quebec Province in Canada has not generally established specific reciprocal arrangements with other judicial jurisdictions regarding the recognition and enforcement of foreign civil and commercial judgments. Canada and China have not signed a bilateral agreement on the mutual recognition and enforcement of judgments. Such judgments are recognized and enforced under the provisions of the Civil Code of Quebec and the Code of Civil Procedure of Quebec. The jurisdiction of the foreign court must be assessed based on the rules that the Quebec court would apply if it were to determine jurisdiction in similar circumstances.
（Two）If there is no reciprocal arrangement, is it still possible to enforce a foreign civil and commercial judgment?
Yes, even in the absence of a reciprocal arrangement, foreign judgments may still be recognized and enforced in the Province of Quebec.
•If a foreign judgment meets legal requirements (such as proper jurisdiction, finality, adherence to fundamental procedural principles, and no violation of public order), it may be recognized and declared enforceable in Quebec.
•Foreign judgments that can be recognized and enforced generally include: monetary judgments, judgments on identity and capacity, property judgments.
（Three）What is the approximate time required to register and enforce a foreign civil and commercial judgment if unopposed?
In Quebec, where no objections are filed, the enforcement applicant must initiate legal proceedings before the court to obtain recognition of the foreign judgment, which then becomes eligible for local enforcement procedures upon approval. The time-frame for registering and enforcing foreign civil and commercial judgments is contingent upon multiple variables, including but not limited to: the completeness of notarized and legalized documents and their translation quality; the nature and geographical distribution of assets; the transparency of the debtor's assets and their degree of cooperation; the selection of enforcement measures; and the complexity of enforcement procedures. A case-specific evaluation is required to determine the precise duration of the process.
（Four）What is the approximate time required to register and enforce a foreign civil and commercial judgment if opposed?
Where objections are raised, the registration and enforcement of foreign civil and commercial judgments will be determined by both the complexity of the disputed matters, and the factors that similarly affect the overall timeline, necessitating a thorough case-by-case evaluation.
（Five）What is the approximate cost of registering and enforcing a foreign civil and commercial judgment (including court fees and other disbursements) if unopposed?
The cost factors vary significantly across cases, necessitating individualized assessment for each matter.
（Six）What is the approximate cost of registering and enforcing a foreign civil and commercial judgment (including court fees and other disbursements) if opposed?
The cost factors vary significantly across cases, necessitating individualized assessment for each matter.
（Seven）Are there any unusual difficulties in enforcing a foreign civil and commercial judgment?
Difficulties include, but are not limited to:
•Jurisdiction challenge: The defendant may raise an objection, claiming that the original court lacks jurisdiction.
•Finality requirement: The judgment to be enforced must be final and enforceable. If the judgment is still subject to appeal in the original jurisdiction or is not final, it will not be recognized.
•Procedural fairness: If the judgment violates fundamental principles of procedural justice, such as failing to provide the defendant with reasonable notice and opportunity to be heard, the Quebec courts may refuse recognition.
•Reservation of public policy: If the judgment's outcome clearly contravenes Quebec's international public policy (ordre public international), it will not be enforced. The standards for review in this context are stricter than domestic public policy considerations.
（Eight）If there is no agreement or reciprocal arrangement, is it possible to enforce a judgment rendered by a court in this jurisdiction, which was rendered through a civil action based on a civil and commercial judgment in force in Mainland of China?
Yes. The creditor must file an action for recognition of the judgment before Quebec courts and demonstrate that the original judgment satisfies the requirements under Article 3155 of the Civil Code of Québec.
（Nine）Which types of foreign civil and commercial judgments can be recognized and enforced in this jurisdiction?
Foreign judgments that can be recognized and enforced generally include:
•Monetary judgments: Usually final and related to the payment of a specific amount (e.g., contracts, torts, etc.).
•Judgments on identity and capacity: Decisions regarding a person's identity, marriage, divorce, parentage, and custody often have declaratory effect. However, for enforcement purposes (such as custody transfer), an enforcement action may need to be initiated.
•Property judgments: Decisions concerning real rights in property. If the property is located in Quebec, the Quebec courts have exclusive jurisdiction, and foreign judgments typically cannot be directly enforced.
（Ten）What are the practices and channels for investigating the properties of the executor?
Attorney's Authority:
•May investigate and trace the debtor's personal information and assets with the cooperation of third-party institutions;
•May apply to examine the debtor under oath to ascertain their asset status;
•May verify corporate shareholdings through government registries (e.g., the Enterprise Registry) and confirm real property ownership via the Land Registry;
•May, with the assistance of bailiffs, freeze the debtor's bank accounts or seize other assets.
（Eleven）What is the framework and standard for attorneys' fees for the enforcement of foreign civil and commercial judgments? Is contingency fee possible?
The standard billing method is hourly rates. Quebec permits contingency fee arrangements, provided they comply with professional ethics and legal requirements.
ARBITRATION AWARDS
（Twelve）Is this jurisdiction a party to the New York Convention?
Yes, Canada (including Quebec) is a Contracting State to the New York Convention.
（Thirteen）What is the approximate time required to register and enforce a foreign arbitration award if unopposed?
In the absence of objections, the registration and enforcement of a foreign arbitral award in this jurisdiction will generally require a period ranging from several weeks to a few months. The exact duration is contingent upon the court's procedural schedule and the adequacy of the supporting documentation. Additional factors, including the nature and location of the assets subject to enforcement and the jurisdiction of the competent court (as some courts adjudicate matters more expeditiously than others), may also materially influence the overall time-frame.
This process is governed by the provisions of the Code of Civil Procedureof Quebec regarding enforcement proceedings and is subject to the grounds for refusing enforcement outlined in Article V of the New York Convention.
（Fourteen）What is the approximate time required to register and enforce a foreign arbitration award if opposed?。
If objections are raised, the time-frame for registering and enforcing a foreign arbitral award will depend on the complexity of the disputed issues, typically requiring approximately 6 months or longer, with each case necessitating individualized assessment.
（Fifteen）What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if unopposed?
The cost factors vary significantly across cases, necessitating individualized assessment for each matter.
（Sixteen）What is the approximate cost of registering and enforcing a foreign arbitration award (including court fees and other disbursements) if opposed?
The cost factors vary significantly across cases, necessitating individualized assessment for each matter.
（Seventeen）Are there any unusual difficulties in enforcing a foreign arbitration award?
Grounds for challenging enforcement (including but not limited to):
•Procedural Defects in Arbitration: Failure to provide the respondent with an opportunity to present its case;
•Enforceable Award Scope: Limited to monetary obligations only. Non-monetary awards require separate litigation.
LIMITATION
（Eighteen）What is that limitation period of the enforcement of foreign civil and commercial judgements or arbitration in this jurisdiction?
In the Province of Quebec, the limitation period for personal actions, including actions to enforce a judgment or arbitral award, is ten (10) years from the date the right arises, pursuant to Article 2924 of the Civil Code of Québec.
ENFORCEMENT
（Nineteen）What papers will be needed for the enforcement of a foreign judgement or arbitration award in this jurisdiction?
Generally, the following documents need to be provided:
•A certified copy of the judgment or order, along with proof of its enforce-ability;
•An accurate translation in English and French, signed and certified by a recognized Quebec-licensed translator (traducteur agréé);
•Evidence demonstrating the foreign court's jurisdiction, such as proof of the defendant's residence, place of contract performance, or assets located in Quebec;
• (If applicable) Documents demonstrating procedural fairness, such as proof of service (especially for default judgments).
（Twenty）What is the general procedure and methods to enforce a foreign civil and commercial judgement in this jurisdiction （e.g. Garnishee Proceedings,Charging Order,Stop Notice,Enforcement of charging order by sale,Writ of Fi Fa,Examination of judgment debtor,Winding-up Petition,etc)?
Once a foreign civil/commercial judgment is recognized by courts in Quebec, its enforcement process becomes identical to that for domestic judgments. The judgment creditor may: Examine the Debtor (via oral examination under oath) Apply for Compulsory Measures, including: Garnishee Order (freezing bank accounts) Charging Order (encumbering real property) Writ of Seizure and Sale (forced auction of shares).
（Twenty-One）How to recover all fees and costs of enforcement?
The judgment creditor may apply for recovery of enforcement costs (including legal fees and lawyer's fees) from the losing party, though courts may proportionally adjust such awards.
RATING
（Twenty-Two）Overall, is enforcement of foreign civil and commercial judgments in this jurisdiction easy, moderate or difficult?
Medium difficulty. Overall, although there is no specific treaty between Quebec and China on the mutual recognition and enforcement of judgments, creditors may still apply for the recognition and enforcement of Chinese court judgments in accordance with the Civil Code of Quebec. Applicants are required to follow specific procedures and may encounter certain challenges. In Quebec, the enforcement of foreign judgments generally involves two distinct stages: "recognition" and "enforcement." The legal framework (primarily found in Book Ten of the Civil Code of Quebec) is clear but imposes strict requirements.
While Canada is a signatory to the New York Convention, making the enforcement of arbitral awards relatively straightforward. Enforcing foreign court judgments faces challenges such as the lack of a broad reciprocity agreement, stringent review of jurisdiction based on the "mirror principle," and potential invocation of public order exceptions. The difficulty of asset investigation also significantly impacts enforcement efficiency.
Advantages of this jurisdiction:
•High efficiency in enforcing arbitral awards under the New York Convention;
•Challenges: When judgments are challenged, they may need to be re-litigated through traditional court proceedings, and asset investigation is often required;
•Practical advice: Engage local lawyers to handle document certification and asset investigations.
Disclaimer:
The information provided herein is for general reference only and does not constitute legal advice. The author and publisher assume no liability for decisions made based on this content. Each case requires individual analysis. Readers should consult qualified legal professionals to obtain personalized guidance tailored to their particular circumstances. Please note that this document was prepared on August 24, 2025, and the legal landscape, regulations, or laws referenced may have been amended after that date. The author reserves the right to modify the original content.
*Note regarding time/cost estimates throughout this questionnaire:
All time/cost estimates are based on the assumption that the other party fully cooperates with the relevant legal procedures, which rarely happens in practice. Even without opposition, enforcement can face unexpected delays due to changing legislation or bureucratic hold-ups. Additionally, as litigation in this jurisdiction is adversarial in nature, when litigation is involved, the actual time and costs of the relevant legal procedures are in large part determined by the parties' litigation strategies. As such, it is almost impossible to provide a general but accurate cost/time estimate, and clients should instead seek a case-by-case evaluation for more specifically accurate estimates.
