Enforceable Notarial Acts in Quebec: Understanding Compulsory Execution Without a Judgment

Since 2023, the concept of an “enforceable notarial act”¹ has been introduced into Quebec law through article 1603.1 of the Civil Code of Québec.²

Until then, even when a debt was documented in a notarial act, a creditor was required to undertake court proceedings—sometimes a lengthy process—to compel a debtor to pay an amount owing.

Following this legislative amendment and the coming into force on September 1, 2026, of the Regulation respecting the compulsory execution of the payment of a claim resulting from the failure to perform an obligation recorded in a notarial act,³ creditors will have access to a new method of enforcing certain claims.

What Is an Enforceable Notarial Act?

An enforceable notarial act is an act executed before a notary that, in certain specific circumstances, allows a creditor to enforce a claim without first obtaining a court judgment.

In practical terms, the debtor agrees in advance, in the notarial act, that if they fail to make the required payment, the creditor may use the simplified compulsory execution procedure provided by law.

This mechanism is primarily intended to accelerate debt recovery and reduce the court proceedings required to obtain payment of an amount owing.

The Difference Between an Enforceable Notarial Act and Out-of-Court Compulsory Execution

An enforceable notarial act and out-of-court compulsory execution are related but distinct concepts.

• The enforceable notarial act is the document signed before a notary that contains the conditions required for this type of enforcement. It provides the legal basis that allows the creditor to act without first obtaining a judgment in certain circumstances.

• Out-of-court compulsory execution is the procedure through which the creditor may enforce the obligation without first going before the court. This process is carried out in particular through the intervention of a bailiff.

How Can a Creditor Recover a Claim Before September 1, 2026?

Let us begin by reviewing the current state of the law and the rules that apply until August 31, 2026.

At present, a notarial act executed en minute does not constitute an enforceable title. However, it provides highly reliable evidence of the agreement entered into by the parties. Accordingly, when a debtor fails to fulfil their obligations, the creditor cannot compel payment solely on the basis of the notarial act.

Instead, the creditor must institute court proceedings by filing an originating application to obtain a judgment ordering the debtor to pay the debt or perform the obligation.

Once the judgment has been obtained, the creditor may ask a bailiff to enforce it in accordance with the rules set out in the Code of Civil Procedure.

Beginning on September 1, 2026, the introduction of enforceable notarial acts will change this process in certain specific circumstances. When an act meets the legal requirements, it may allow the creditor to enforce a claim without filing an originating application with the court.

What Requirements Must an Enforceable Notarial Act Meet?

An enforceable notarial act must be executed before a notary and meet the following requirements:

• It must be signed before the notary after September 1, 2026;

• It must contain an express clause through which the debtor agrees in advance to this method of enforcement;

• The claim must be strictly monetary;

• The claim must be certain, liquid and due.

Important: Several circumstances may limit the use of an enforceable notarial act or suspend its enforcement.

This mechanism does not apply to non-monetary obligations, such as an obligation to deliver property or provide a service. In addition, the claim must be due at the time enforcement is sought. Therefore, an amount payable only at a future date cannot be subject to out-of-court compulsory execution before its due date.

Certain categories of claims are also excluded, including claims secured by a hypothec and consumer debts. Lastly, enforcement may be limited or suspended when the agreement provides for specific dispute resolution mechanisms, such as a mediation or arbitration clause.

How Will an Enforceable Notarial Act Be Enforced After September 1, 2026?

Beginning on September 1, 2026, when a creditor identifies a payment default and the claim is recorded in an enforceable notarial act whose effects have not been suspended, the creditor will not necessarily have to institute court proceedings to recover the amount owing.

In certain circumstances provided by law, the creditor may initiate compulsory execution without first obtaining a court judgment. The creditor may contact a bailiff directly to begin the recovery process.

The process can be summarized as follows:

1. A payment order, accompanied by a notice of contestation form, is served on the debtor.

2. The debtor then has 30 days following service to either:

   • make the payment to the bailiff; or

   • contest the payment order before the court and notify the creditor and the bailiff of the contestation.

If the order is contested, the out-of-court compulsory execution process is suspended and the matter becomes subject to judicial review.

If the debtor does not contest the order within the prescribed period, the bailiff files the record with the court office. The payment order then acquires the same enforceability as a judgment.

The bailiff may subsequently proceed with compulsory execution in accordance with the rules set out in Book VIII of the Code of Civil Procedure.

Enforceable Notarial Acts: How Can You Effectively Protect Your Interests?

This significant development in Quebec civil law is intended to make business debt recovery faster and more efficient. It also reflects the legislature’s continuing efforts to reduce court congestion and bring the justice system closer to the agreements reached by the parties themselves.

Because this mechanism is new within a civil law framework whose judicial system is also influenced by the common law, enforceable notarial acts should be used with caution.

Before using an enforceable notarial act, you should consult a professional to assess its legal implications and determine which protections are appropriate for your circumstances.

Emeric DALIDEC, Notary

With the participation of Modestie Hauchecorne, 2027 Bar Articling Student

¹ ^{The Civil Code of Québec does not use the term “enforceable notarial act.” We use it in this article to make the concept easier for readers to understand.}

² ^{Section 3, Act to modernize the notarial profession and promote access to justice (2023, c. 23).}

³ ^{Regulation respecting the compulsory execution of the payment of a claim resulting from the failure to perform an obligation recorded in a notarial act, Order in Council 260-2026, (2026) G.O.Q. II.}