RULES RESPECTING THE USE OF THE DIGITAL OFFICE
OF THE COURT OF APPEAL OF QUEBEC

Issued : November 2, 2021
Revised : March 11, 2024

Before using the Digital Office of the Court of Appeal of Quebec (hereinafter the “Digital Office”), counsel, unrepresented parties and persons mandated by a party or by counsel (hereinafter the “senders”) must read and accept these rules. The Digital Office allows the electronic filing of originating appellate pleadings in civil, criminal, extradition and penal matters (via the “Deposit” function) and the technological version of the book of authorities (via the “Transmit” function). It also offers the possibility to securely transmit the technological version of certain pleadings / documents previously filed on paper at the Court office. The paper version will be considered the original and the technological version will have no legal value.

1. Specific Rules for Filings Made Via the Digital Office

1.1. Originating Appellate Pleadings That Can be Filed Online

The Digital Office can only be used to e-file originating appellate pleadings and the documents that accompany them, more specifically the following pleadings:

 

Senders can also use the Digital Office to file other pleadings or documents at the same time as the originating appellate pleading, in particular the following:

 

All subsequent filings must be made on paper at the office of the Court.

1.2. Document Format and Size

1.2.1. Document format

The technological version of a pleading must be prepared according to the Chief Justice’s directives and the clerk’s practice directions. This technological version must, in particular, comply with the following rules:

• Only documents in PDF format may be filed. The technological version must be identical to its paper version.
• The pleadings listed above (see subsection 1.1) and the documents that accompany them must permit keyword searches (consequently, digitized documents must not be in the form of a "PDF Image", with the exception of proofs of service and notification). If you do not satisfy this requirement, an error message will appear informing you that only keyword searchable PDF files are permitted. You will have to modify the file in order to be able to continue the filing process.
• In addition, each proof of service and each proof of notification must be digitized in separate file because each of these proofs has to be associated with the proper party.

1.2.2. Document size

Each file filed via the Digital Office must not exceed 100 MB.

1.3. Acceptance or Refusal of Documents by the Clerk

Documents / pleadings are processed during the Court office’s opening hours, usually within two working days after they have been filed.

Every filing made via the Digital Office is subject to the same rules as filings made on paper, which rules are set out in the applicable regulatory or legislative provisions. Consequently, if a pleading does not satisfy the requirements prescribed by the present rules and the applicable regulatory and legislative provisions, the clerk of the Court of Appeal can accept the pleading with an exemption or subject to conditions or he can refuse it.

Every filing made via the Digital Office automatically generates a file number. Nonetheless, the clerk or a judge of the Court of Appeal reserves the right to refuse the filing.

1.4. Filing a Paper Copy of Pleadings and Documents

Every filing made via the Digital Office must be completed by filing at the office of the Court the number of paper copies, as required by the rules applicable to each of the documents filed electronically. These paper copies must be received within five (5) working days after the e-filing.

Where applicable, the appellant must keep the source documents and, at the request of the Court of Appeal, must provide them to the Court office.

The paper copies filed at the Court office must indicate the file number attributed by the system at the time of the e-filing.

1.5. Time of Filing

 

1.6. Restrictions on the Use of the Digital Office

1.6.1. Types of pleadings that cannot be filed

Senders must not use the Digital Office to file the pleadings listed below. These must be filed on paper at the Court office. However, it will be necessary to transmit via the Digital Office the technological version of some of these documents / pleadings previously filed with the Court office (see section 2.1):

• Any pleading other than those mentioned above (see subsection 1.1);
• Any appellate pleading or document in a youth matter, whether civil, criminal, extradition or penal (files with jurisdictional code 08);
• Any pleading or other document intended for another court;
• Any pleading in the course of proceedings in a civil, criminal, extradition or penal matter (unless filed with the originating appellate pleading);
• Any amended pleading;
• Any document that must be filed in a sealed envelope.

1.6.2. Specific rules for confidential documents and sealed envelope

If the documents contain identifying information that is generally considered confidential and requires that the documents be filed in such a way as to ensure the confidentiality of the information, they must be in accordance with the Chief Justice's Directive entitled “Rules Respecting the Preparation of the PDF Files of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk's Practice Direction No.7 “Transmission of the PDF File of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.

1.6.3. Parties subject to prior authorization of the Court of Appeal

No person declared to be a party subject to prior authorization may use the Digital Office to file original appellate pleadings. Any pleading filed by such person via the Digital Office will be deemed nonexistent and Court office staff will not process it.

1.7. Online Payment

1.7.1. Application of certain tariffs of judicial fees

When judicial fees are payable, they are determined pursuant to the applicable tariffs in force, namely:

• Tariff of judicial fees in civil matters (CQLR, c. T-16, r. 10);
• Tariff of court costs in penal matters (CQLR, c. C-25.1, r. 6).

1.7.2. Payment of judicial fees

When paying the judicial fees, users will be redirected to a secure payment platform. Neither the Ministère de la Justice (hereinafter the "MJQ") nor the Court of Appeal of Quebec collects any banking information. Only payments made with a Visa, MasterCard or American Express credit card are accepted.

2. Specific Rules for Transmissions Made Via the Digital Office

2.1. Pleadings and Documents That Can be Transmitted Online

In civil and criminal matters, the Court of Appeal requires that the technological version of the documents listed below be sent to it within the time limits set out in the Chief Justice’s directives and the clerk’s practice directions; these documents must first have been filed with the Court office on paper. In penal matters, transmission of the technological version, while not mandatory, is strongly recommended. Parties not represented by counsel are also encouraged to send to the Court office a technological version of these documents.

• The originating appellate pleadings (notice of appeal in a civil matter and notice of appeal in a criminal or penal matter, etc.).
• Applications or motions presentable before the clerk, before the judge or before a panel.
• The exhibits in support of these documents.
• Briefs, memoranda or documents in lieu of a brief (appeal of sentence).
• The books of authorities.
• Plan of argument, outline of the oral argument or condensed book.

Except the book of authorities, the paper version filed with the Court office will be considered the original and the technological version will have no legal value.

2.2. Document Format

The technological version of a pleading must be prepared according to the Chief Justice’s directives and the clerk’s practice directions. In addition, the technological version must be identical to its paper version.

2.3. Total Size of Transmitted Documents

The total size of the files transmitted cannot exceed 500 MB, failing which the documents will have to be sent via several transmissions.

2.4. Acceptance or Refusal by the Clerk of Documents Transmitted

Documents / pleadings will be processed during the Court office’s opening hours. The clerk reserves the right to refuse any non-compliant transmission and will then contact the person concerned to notify them.

2.5. Specific Rules for Confidential Documents and Sealed Envelope

If the documents contain identifying information that is generally considered confidential and requires that the documents be filed in such a way as to ensure the confidentiality of the information, they must be in accordance with the Chief Justice's Directive entitled “Rules Respecting the Preparation of the PDF Files of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk's Practice Direction No.7 “Transmission of the PDF File of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.

3. General Rules of Use

3.1. Service

The Digital Office is made available by the MJQ to users at all times, subject to the exceptions set out in these general rules of use.

The MJQ, however, reserves the right to limit access to the Digital Office outside Court office hours in order to perform technological infrastructure work. Users will be informed of technological infrastructure work by means of a notice posted on the Court of Appeal’s website.

For the best user experience on the Digital Office, use of the following browsers is recommended: Google Chrome or Microsoft Edge. It is also advisable to use the most recent version of these browsers and to ensure that the operating system and Web browser used have all the required updates and modifications.

3.2. Intellectual Property Rights

Users are responsible for obtaining all required authorizations or holding all necessary rights, including copyrights, on the documents being e-filed.

3.3. Confidentiality Policy

Respect for privacy and the protection of personal information are of paramount importance to the MJQ. In that regard, the MJQ has taken significant measures to ensure the protection of personal information provided via the Digital Office.

Management of the personal information held by public bodies such as the MJQ is governed by the Act respecting access to documents held by public bodies and the protection of personal information (CQLR, c. A-2.1) (hereinafter the "Access Act").

Personal information is any information concerning a natural person which allows the person to be identified. Personal information of a public nature included in pleadings is not subject to the rules for the protection of personal information set out in the Access Act.

3.4. Collection

The MJQ collects only the information necessary for exercising the powers conferred on it, notably within the scope of the administration of justice.

3.5. Use

Personal information collected by a public body is used solely for the purposes for which it was collected, subject to the exceptions set out in the Access Act.

3.6. Release

Confidential personal information that is collected will not be released to third parties, except with the consent of the person concerned or in accordance with the exceptions set out in the Access Act.

The personal information transmitted is not released to any governmental or private organizations.

3.7. Retention

Subject to the Archives Act (CQLR, c. A-21.1), the MJQ destroys the personal information collected or used when the purposes for which it was collected or used have been accomplished.

User account information and information provided by users in the filing platform as well as the documents sent will be retained in accordance with the Archives Act.

3.8. Limitation of Liability

By using the Digital Office, users acknowledge that the MJQ shall not be liable for any costs, damages or losses they may incur, including any loss of rights:

1. either because they have not complied with these rules; or
2. because they have failed to abide by the laws or regulations in force in Quebec.

3.9. Applicable Legal Framework

Use of the Digital Office is governed by the laws applicable in Quebec. Any dispute arising from the application of the rules of this service shall fall under the exclusive jurisdiction of the courts of Quebec.

3.10. Responsibilities of Users

Users are responsible for the following:

• The accuracy of the information in the user account and in the filing platform;
• Ensuring that the technological documents can be filed or transmitted via the Digital Office;
• The unauthorized use of the Digital Office, including use contrary to the restrictions set out in section 1.6 of these rules and use in violation of the Government of Quebec’s copyrights;
• The confidentiality of their user ID and password, the data to which their user ID and password provide them with access and any actions that may be performed with said user ID and password. A user’s ID and password are reserved for the user’s exclusive use; therefore, the user cannot allow another person to use them;
• Immediately informing the MJQ of any unauthorized use of their user ID or password and of any security breach, and taking all measures available to them to ensure optimal security conditions when using the Digital Office. All actions performed with a user ID are logged.

Acceptance of the Rules

The user acknowledges and accepts the following statements:

• By accessing the website of the Digital Office and clicking on “I accept these rules”, the user acknowledges having read and accepted these rules.
• The Court of Appeal and the MJQ reserve the right to amend these rules at any time without prior notice to users of the Digital Office.
• Users understand that they are solely responsible for reading these rules before accepting them.