Article 46 C.C.P., “inherent” powers of Quebec courts


Updated to 1 September 2015

© Éditeur officiel du Québec
This document has official status. [Only online by the government]


Chapter C-25
Code of Civil Procedure





46. The courts and judges have all the powers necessary for the exercise of their jurisdiction.

They may, at any time and in all matters, whether in first instance or in appeal, issue orders to safeguard the rights of the parties, for such time and on such conditions as they may determine. As well, they may, in the matters brought before them, even on their own initiative, issue injunctions or reprimands, suppress writings or declare them libellous, and make such orders as are appropriate to deal with cases for which no specific remedy is provided by law.

1965 (1st sess.), c. 80, a. 46; 2002, c. 7, s. 7.

47. The majority of the judges of each court, either at a meeting convened for the purpose by the chief justice, or by way of a consultation, held and certified by him, by mail, may make, for one or more judicial districts, the rules of practice judged necessary for the proper carrying out of this Code. The majority of the judges of the Superior Court appointed either for the district of Montréal or for the district of Québec may nevertheless replace, amend or complete such rules by special rules applicable in their respective districts only.

Similarly, the majority of the judges of each court may make tariffs of fees for commissioners and other officers appointed by the court, whose remuneration is not, by law, fixed by the Government; such tariffs must be promulgated in the manner prescribed for rules of practice.

This article does not apply to municipal judges appointed pursuant to the Act respecting municipal courts (chapter C-72.01).

1965 (1st sess.), c. 80, a. 47; 1969, c. 81, s. 3; 1972, c. 70, s. 2; 1975, c. 83, s. 7; 1988, c. 21, s. 81; 1989, c. 52, s. 124.

48. The rules of practice come into force 10 days after publication in the Gazette officielle du Québec.

Immediately after such publication they must be copied into the registers kept for the purpose by the clerks, and notice thereof must be posted in the office of the court in each of the districts where they apply.

1965 (1st sess.), c. 80, a. 48; 1992, c. 57, s. 420.

48.1. In the case of the Court of Québec, the rules of practice are made and come into force in accordance with the provisions of the Courts of Justice Act (chapter T-16).

1988, c. 21, s. 82.

"Sed quis custodiet ipsos custodes?" — Juvénal, Satires, VI, 346.  En français : « Qui nous protègera contre ceux qui nous protègent ? »  In English: " Who will protect us from those who protect us? "

 — Mauro Cappelletti dans Louis Favoreu (dir.), Le pouvoir des juges, Paris, Economica, 1990, p. 115.
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