On December 4, 2024, the National Assembly of Quebec adopted and enacted Bill 73, entitled An Act to counter non-consensual sharing of intimate images and to improve protection and support in civil matters for persons who are victims of violence. This bill amends several key laws and strengthens the protection of the rights of victims of violence in civil matters.
Quebec’s Bill 73 notably amends the following laws:
- Civil Code of Quebec;
- Code of Civil Procedure;
- Labour Code;
- Professional Code;
- Public Service Act;
- Act respecting administrative justice;
- Act respecting the Ministère de la Justice;
- Act to establish the Administrative Labour Tribunal;
- Courts of Justice Act.
The Act to counter non-consensual sharing of intimate images, which has just come into force, expands the protection of fundamental rights guaranteed by the Charter of Human Rights and Freedoms and the Civil Code of Quebec, recognizing that such distribution of photos is likely to cause irreparable harm to the victim.
An urgent application for an order to cease or prevent the distribution of an intimate image can be brought before a judge of the Court of Quebec or before a justice of the peace magistrate. This judge may, in particular, order any person to de-index any hyperlink that provides access to the intimate image. Notably, a minor aged 14 or older may file such an application alone. The application does not have to be served on the respondent and is handled urgently, even in the absence of the parties.
Since June 4, 2025, several provisions of the Code of Civil Procedure (hereafter “C.C.P.”) have been amended, notably concerning protection orders (articles 509 and following C.C.P.), the scope of which has now been expanded to protect individuals who fear that their life, health, or safety may be threatened, particularly in a context of violence.
The provisions of the C.C.P. concerning contempt of court (articles 57 and following and article 515 C.C.P.) no longer apply in the event of non-compliance with a protection order. Instead, the penalties set out in the Criminal Code now apply.
Applications for protection orders are treated as urgent matters, and the court clerk must immediately notify the judgment to the parties, the appropriate police authority, and any other person identified in the order.
The new legislation also introduces support measures for victims of domestic, conjugal, or sexual violence during testimony. Article 279 of the C.C.P. has been amended to allow testimony via remote means and accompaniment by a support dog or a trusted person. In addition, article 95 of the C.C.P. allows victims of violence to choose as their address either their lawyer’s office or, if not represented, the court registry, upon filing a certificate.
In the area of civil liability, the introduction of new article 2874.1 in the Civil Code of Quebec simplifies the process for victims of criminal acts. From now on, filing a copy of the conviction judgment is sufficient to establish fault in a civil liability claim related to a criminal offense.
In the field of personal law, starting March 4, 2025, courts handling applications for the appointment or replacement of a tutor must consider the proposed tutor’s criminal, penal, civil, and bankruptcy records, as provided by new article 191.1 of the Civil Code of Quebec. The aim is to provide increased protection to the person under tutorship.
Lastly, a change to article 3 of the Act respecting the Ministère de la Justice now requires the Minister to ensure that government departments and agencies provide training on domestic and sexual violence to all individuals who may be involved in such situations.
In conclusion, this bill represents a major legislative milestone in protecting victims of violence and improving access to justice.
