The Canadian Legal System

"Constitution Act

Civil Code of Quebec"

As a general rule, the Constitution of Canada divides legislative authority between the federal and provincial governments. Certain matters, such as criminal law and bankruptcy, are designated to the exclusive jurisdiction of the Parliament of Canada. Matters of a private nature, such as property and civil rights, fall within the exclusive jurisdiction of the various provincial legislatures. Provincial statutes apply only locally. There are two distinct legal systems in Canada, the Civil Code of Quebec, which is a codification of Quebec civil law derived from its French heritage, and the common law developed by jurisprudential precedent, which prevails in the rest of the country. The Civil Code of Quebec regulates general contract law, including leasing, long-term lease, sale and loan, as well as security devices, registration requirements, assignments and procedural matters within the Province; in some cases, its legal concepts and terminology are unique to Quebec. There is no unified codification of laws governing the leasing industry in Quebec. Issues concerning leasing/financing transactions are regulated by the civil law system (the Civil Code of Quebec) and any federal statutes of general application in the Province (for example, bankruptcy legislation).