Master Leases

"1847. The rights of ownership of the lessor may be set up against third persons only if they have been published; the rights may be set up against third persons from the date of the leasing contract provided the rights are published within seven days.
As well, the transfer of the lessor’s rights of ownership may be set up against third persons only if it has been published.
1991, c. 64, a. 1847; 1998, c. 5, s. 7; I.N. 2014-05-01; 2023, c. 24, s. 167; Erratum (2024) 156 G.O. 2, 755.

1852. The rights resulting from the lease may be published.
Publication is required, however, in the case of rights resulting from a lease, with a term of more than one year, of a road vehicle or other movable property determined by regulation, or of any movable property required for the service or operation of an enterprise, subject, in the latter case, to the exclusions provided by regulation; the rights may be set up against third persons from the date of the lease provided they are published within seven days. A lease with a term of one year or less is deemed to have a term of more than one year if, by the operation of a renewal clause or other covenant to the same effect, the term of the lease may be increased to more than one year.
The transfer of rights under a lease requires or is open to publication, according to whether the rights themselves require or are open to publication. 1991, c. 64, a. 1852; 1998, c. 5, s. 8; I.N. 2014-05-01; 2023, c. 24, s. 168; Erratum (2024) 156 G.O. 2, 755."

It is common practice to negotiate a master lease agreement whereby the lessor and lessee agree that a certain type of moveable property will be leased from time to time. It is now possible in Quebec to have a single publication for rights of ownership under leasing contracts and certain leases, as well as for reservations of ownership under instalment sales, in respect of a moveable property of the same kind that is involved in such leasing, leases or sales in the ordinary course of business [article 2961.1]. In such case, the schedules to the master agreement do not have to be published individually. However, reliance upon a single publication for the master agreement is not practical if the lessor or vendor, as the case may be, foresees the possibility that some of the schedules will be assigned or transferred to a third party.