Notification by Technological Means Under the New Code of Civil Procedure of Quebec

On January 1, 2016, the new Code of Civil Procedure of Quebec (“CCP”) came into force. While it includes a host of changes such as the development of a protocol of proceedings (formerly the timetable or agreement on the conduct of the proceedings), the simplification of expert opinions and the emphasis on mediation, one of the most exciting new features is notification by technological means (art. 133 and 134 CCP).

Indeed, from now on the notification (i.e.: service without a bailiff) of a document can be done by “transmitting the document to the address that the addressee indicates as the place where he agrees to receive it or to the one that is publicly known …”. Within the legal community, a colleague’s email address fits this criterion perfectly.

However, where the complexity arises is with respect to proof of service. The CCP indicates that this proof is made by means of a dispatch note (or failing that, an affidavit by the sender). This docket must indicate “the nature of the document transmitted, the court file number, the names of the sender and recipient and their contact information, as well as the place, date, time and minutes of the transmission (…)” The CPC further specifies that unless the transmission is made through a bailiff, the docket must also contain “the information necessary to enable the recipient to verify the integrity of the transmission.”

Obviously, a simple email does not meet these requirements; hence Pronotif’s innovation. We have developed the world’s first solution that allows landlords to directly notify their tenants while respecting the criteria of the new CPC (and the procedural rules of more than 20 jurisdictions around the world). Specifically, as soon as a user presses “Confirm & Send” via the web interface, Pronotif automatically generates a confirmation report that not only contains all the elements listed above, but also establishes the integrity of the transmission and the attached documents through an encryption process. Pronotif confirms the success and details of the transmission and provides you with an audit report containing the document specifics and time stamp.

Note: Pronotif is an application developed with the Quebec legal framework in mind. Users can also use it for transmissions outside Quebec, but caution is recommended until validation has been completed.