Since September 1, 2026, out-of-court forced execution has, in certain cases, made it possible to collect a monetary claim in Quebec without first obtaining a judgment on the merits, provided that there is a notarial act en minute containing a clause to that effect and that the obligation in question is determined or determinable, exigible, and not excluded by law or regulation. What is out-of-court forced execution? Out-of-court forced execution is a mechanism designed to facilitate the collection of certain claims by allowing, when a notarial act exists, for the execution of certain specified monetary obligations without first having to obtain a judgment on the merits. This new mechanism, which has been in effect since September 1, 2026, promotes access to justice and helps reduce the time and costs associated with such proceedings. Out-of-court forced execution is not automatic; it must be specifically provided for in a notarial act and must relate to a clear, liquid, and exigible monetary obligation. The basis of out-of-court forced execution: Notarial acts en minute Access to this mechanism is contingent upon the inclusion, in a notarial act en minute, of a clause that complies with the requirements of the Regulation respecting the forced execution of the payment of a claim resulting from the non-performance of an obligation recorded in a notarial act, setting forth the terms and conditions for accessing out-of-court forced execution. The notary plays a crucial role, not only as a drafter but also as a public official bound by a duty to provide impartial and personalized advice, ensuring the parties’ free and informed consent. With this in mind, the automatic inclusion of a dispute resolution clause simply through the use of non-customizable templates should be avoided: the clause must reflect an informed choice that has been explained and accepted by both parties. Collaboration between the notary and the various professionals involved is therefore crucial, given the need to discuss with both parties whether it is appropriate to include such a clause. Since this provision must be agreed upon by both parties, it is important to fully understand how such a mechanism works, and to tailor the advice provided to the nature of the undertaking. Greater caution is warranted when obligations are reciprocal (with the parties alternately acting as creditors and debtors), or when the contractual mechanism may lead to the monetization of an obligation that was originally in kind, which can increase uncertainty and encourage contestation. In general, caution is also warranted when obligations are future, conditional, complex, or subject to interpretation. As for the requirements, the clause setting forth the terms and conditions for accessing out-of-court forced execution must, first and foremost, be included in the body of the notarial act en minute (and not in an appendix or an external clause). Next, the monetary obligation in question must be determined or determinable. The professional must also ensure that the monetary obligation does not fall into an excluded category by law or under the Regulation respecting the forced execution of the payment of a claim resulting from the non-performance of an obligation recorded in a notarial act. The excluded categories include, as applicable: Non-monetary obligations; Certain obligations secured by a hypothec, and those subject to another method of execution; Situations involving consumer protection; Obligations subject to arbitration; Certain obligations involving the State; and Others.  The parties may also contractually exclude certain monetary obligations, provided that such exclusions are clearly stated. How does out-of-court forced execution work? Once the parties have agreed to include an out-of-court forced execution access clause, the decision to use out-of-court forced execution rests with the creditor, and the debtor may not object (section 3, Regulation respecting the forced execution of the payment of a claim resulting from the non-performance of an obligation recorded in a notarial act). The creditor may also choose another method of execution provided for in the act. However, if the notarial act requires mediation to resolve a dispute, the creditor must first comply with that requirement before using out-of-court forced execution. The debtor’s three options within the 30-day period Subsequently, a payment order is prepared by the creditor in accordance with the mandatory requirements set forth in the regulation. The payment order and related documents are then served on the debtor, which formalizes the default and triggers the strict 30-day period granted to the debtor to remedy the default. Before this deadline expires, the debtor has three options: They may pay the claim in full, which will result in the termination of the out-of-court forced execution mechanism. They may enter into a payment agreement, with or without the assistance of the bailiff, thereby suspending the out-of-court forced execution mechanism, with the possibility of reinstatement in the event of default. They may contest the payment order in the appropriate court, which also has the effect of suspending the out-of-court forced execution mechanism. However, the contestation must be served on the creditor and the bailiff, and the supporting documents must be filed within ten days of the contestation. What happens if there is no payment, no agreement, and no contestation? In the absence of full payment, and in the absence of an agreement or a contestation, the bailiff may, upon expiration of the deadline, proceed with the execution of the payment order, which, under these circumstances, acquires the enforceable status of a judgment (section 9, Regulation respecting the forced execution of the payment of a claim resulting from the non-performance of an obligation recorded in a notarial act) and all of the effects thereof. The effects associated with out-of-court forced execution are significant. An uncontested payment order carries a prescription period equivalent to that of a judgment—that is, ten years—and allows for the registration of a legal hypothec and the resulting seizures, while maintaining its rank in the collocation of creditors. The creditor remains, however, an ordinary creditor and is subject to the applicable priority rules with respect to ranking. Advantages and limitations of out-of-court forced execution for the creditor and the debtor For the creditor, out-of-court forced execution can offer greater predictability when the debt is clear, quick access to execution without having to go through the courts, and a significant reduction in collection costs. The mechanism is also advantageous because of the effects associated with an uncontested payment order. However, out-of-court forced execution has certain limitations. It should be noted that this mechanism is strictly limited to monetary obligations. If a dispute arises, it may be suspended or delayed, in which case legal action may become a possible outcome. For the debtor, out-of-court forced execution includes some valuable protections. At the time the act is signed, the debtor receives guidance from the notary to ensure that their consent is freely given and informed. This mechanism can prevent immediate legal proceedings and allows the debtor to contest the payment order within the 30-day period granted to them. Conclusion Out-of-court forced execution is a tool accessible through a notarial act en minute. It is an effective, quick, and cost-efficient process that has the potential to prevent litigation if the required conditions are met. Thus, this new measure is based on the existence of a valid notarial act en minute and determined or determinable monetary obligations that are not excluded. It is also based on strict compliance with the formalities of payment orders. At a time when it is desirable to develop solutions to facilitate better access to justice, this alternative could help alleviate the backlog in the judicial system. It will be interesting to closely monitor the implementation and future use of out-of-court forced execution, keeping in mind that it all begins with a notarial act en minute. Takeaways 1. Out-of-court forced execution does not apply to all claims. It pertains to certain monetary obligations set forth in a notarial act en minute containing a valid access clause. 2. This mechanism allows the creditor to take action without a prior judgment on the merits. After a payment order is served, the debtor has 30 days to pay, reach a settlement, or contest the order. 3. An uncontested payment order may have effects comparable to those of a judgment. In particular, it may become enforceable, trigger a 10-year prescription period, and allow for certain collection measures, subject to the applicable rules.

In our newsletter No. 8, we discussed advance medical directives, which are restricted to three specific clinical situations and allow a person to consent to or refuse in advance five specific types of care in the event that the person in question becomes incapable of consenting to them. In addition to advance medical directives, the Act respecting end-of-life care provides a framework for two other types of end-of-life care, that is: medical aid in dying and continuous palliative sedation. However, advance medical directives do not allow one to consent in advance to the administration of medical aid in dying or to continuous palliative sedation. These types of end-of-life care are provided in a very precise context, which is the subject of this newsletter. What is medical aid in dying ? The law defines medical aid in dying as “care consisting in the administration by a physician of medications or substances to an endof- life patient, at the patient’s request, in order to relieve their suffering by hastening death.”1 Not everyone is allowed to request medical aid in dying. Such a request is dealt with according a stringent process. Who may request medical aid in dying? Only a person who meets all the following conditions may obtain medical aid in dying in Québec: being an insured person within the meaning of the Health Insurance Act (chapter A-29); being of full age and capable of giving consent to care; being at the end of life; suffering from a serious and incurable illness; being in an advanced state of irreversible decline in capability; and experiencing constant and unbearable physical or psychological suffering which cannot be relieved in a manner the patient deems tolerable.2 How to request medical aid in dying? The request for medical aid in dying is made by filling out a form prescribed by the Minister. Patients must request medical aid in dying themselves. The form must be signed and dated by the patient in the presence of and countersigned by a health or social services professional. In addition, two independent witnesses of full age must be present at the signature and countersign the form (i.e. a potential heir may not be considered as being independent). The form must then be given to the patient’s attending physician. If the patient cannot date and sign the form because he3 does not know how to write or is physically incapable of doing so, an authorized third person who is not a member of the team responsible for caring for the patient may do so in the patient’s presence. The authorized third party must not have a potential interest in the estate of the patient. Persons who request medical aid in dying may withdraw their request at any time and by any means. What are the prior requirements for a physician before administering medical aid in dying? Ten full days (excluding the day on which the request was made) must elapse between the request for medical aid in dying and it being administered, unless the life condition requires otherwise. Before administering medical aid in dying, the physician must make sure that the patient consents. He must also: make sure that the patient satisfies all the conditions to be eligible for medical aid in dying (see the “Who may request medical aid in dying?” section) ascertain with the patient that the request is made in a free and informed manner ascertain that the request is not made as a result of external pressure ascertain that the patient is informed of the prognosis for the illness, as well as other therapeutic possibilities and their consequences verify the persistence of suffering and that the patient’s wish to obtain medical aid in dying remains unchanged verify with the care team members who have regular contact with the patient that he consents to receive medical aid in dying make sure that the patient has had the opportunity to discuss the request with the persons he wished to contact make sure that the request has been made using the prescribed form, which has been signed and dated by the person making the request or the authorized third party before two independent witnesses who have also signed and dated make sure that the patient has been advised that he could at any time and by any mean withdraw his request for medical aid in dying In addition to making sure that the request complies with all the above conditions, the physician must also obtain the written opinion of a second physician confirming that the patient is eligible to receive medical aid in dying. The physician consulted must be independent of both the patient requesting medical aid in dying and the physician seeking the second medical opinion. The physician must consult the patient’s record and examine the patient. Once the verification of all of the above criteria is done and the second medical opinion is obtained, the physician will provide medical aid in dying after the expiry of the period of 10 full days referred to above. Continuous palliative sedation The Act respecting end-of-life care also governs continuous palliative sedation. Palliative care means the total and active care delivered by an interdisciplinary team to patients suffering from a disease with reserved prognosis, in order to relieve their suffering, without delaying or hastening death. Reserved prognosis refers to a disease at an advanced stage jeopardizing survival within a period of less than two years or terminal illness leading to probable death in the near future. Continuous palliative sedation is palliative care consisting in administering drugs or substances to an end-of-life patient for the purpose of relieving his suffering by rendering him unconscious in a continuous manner until he dies.4 Consent to continuous palliative sedation is given by using the form prescribed by the Minister according to a procedure which is similar to that applicable to medical aid in dying. The physician must therefore obtain a free and informed consent from the patient. This consent must be given by a person capable of consenting to care or, if that person is incapable, by a person authorized by law or pursuant to a protection mandate. The patient or his representative must be informed of the prognosis for the illness, the irreversible nature of the sedation and the anticipated duration of the sedation. The physician must also make sure that the decision does not result from external pressure. The patient or his representative must be informed of the patient’s right to refuse or put off the procedure and the consequences of either of his choices. Conclusion It is important to understand that the entire end-of-life process is conducted with the greatest respect for the patient who made the request and that the patient must be treated with understanding, compassion, courtesy and fairness, with respect for his dignity, autonomy, needs and safety. Open and honest communication is also favoured by the members of the medical team in order to provide the patient with quality end-of-life care, which is adapted to his needs for the duration of the process. An Act respecting end-of-life care, RSQ c S-32.0001, sec. 3 para. 6. An Act respecting end-of-life care, RSQ c S-32.0001, sec. 26. The masculine gender is used in this text solely for the sake of concision. An Act respecting end-of-life care, RSQ c S-32.0001, sec. 3 para. 4 and 5.