Entente de paiement (Québec)

A Quebec payment agreement (entente de paiement) is a legally binding contract between a creditor and a debtor that establishes a structured plan for the repayment of an existing debt through installment payments. This agreement is governed by the general provisions on payment of obligations found in articles 1553 to 1568 of the Civil Code of Quebec (C.c.Q.), as well as the broader contractual framework of Quebec civil law. Unlike a simple promise to pay, a formal payment agreement sets out specific terms including the total amount owed, the installment amounts, payment frequency, interest rates on late payments, grace periods, and acceleration clauses. The agreement serves as both an acknowledgment of the debt by the debtor and a commitment by both parties to structured repayment terms. It is important to note that under article 1660 C.c.Q., a payment agreement does not constitute a novation of the original obligation unless the parties expressly agree that it does. This means the original debt and its associated rights and security interests remain intact, and the payment agreement merely modifies the timing and manner of payment. The rules on imputation of payments under article 1570 C.c.Q. provide that payments are applied first to interest and then to principal, unless the parties agree otherwise. Quebec payment agreements are commonly used in both commercial and consumer contexts, providing a structured alternative to litigation for debt recovery while preserving the debtor's ability to manage their financial obligations over time.

A Quebec payment agreement is needed whenever a creditor and debtor wish to formalize a structured repayment plan for an outstanding debt. The most common situation arises when a debtor is unable to pay a debt in full but wishes to avoid legal proceedings by negotiating an installment plan with the creditor. Businesses frequently use payment agreements to manage accounts receivable when customers are experiencing temporary cash flow difficulties, allowing them to maintain the business relationship while ensuring eventual payment. Landlords and tenants may enter into payment agreements when a tenant falls behind on rent but wishes to continue the lease by catching up on arrears over time. Service providers and contractors may use these agreements when clients cannot pay large invoices in a single payment. In the context of debt collection, a payment agreement is often the preferred outcome for both parties, as it avoids the costs and delays associated with litigation in the courts of Quebec. The agreement is also commonly used after mediation or negotiation between parties in a commercial dispute, providing a clear framework for resolution. Individuals may use payment agreements for personal debts, such as loans between family members or friends, formalizing the repayment terms to preserve relationships and create legal certainty. In all cases, the agreement provides both parties with predictability and legal protection.

The key elements of a Quebec payment agreement include several essential components that ensure legal validity and enforceability under Quebec civil law. First, complete identification of both the creditor and debtor is required, including full legal names, addresses, and contact information. Second, a clear acknowledgment of the debt must be included, specifying the total amount owed, the origin of the debt, and the date it was incurred, which serves as a recognition of the obligation under Quebec law. Third, the payment schedule must be precisely defined, including the installment amount, payment frequency (weekly, bi-weekly, monthly, or quarterly), the date of the first and last payments, and the total number of installments. Fourth, the payment method must be specified (bank transfer, cheque, cash, or other). Fifth, interest provisions should be included, specifying the annual interest rate applicable to late payments and the method of calculation, in compliance with art. 1565 C.c.Q. Sixth, default and acceleration provisions must be clearly stated, including a grace period and the consequences of default under art. 1604 C.c.Q. Seventh, provisions for early payment should be included, specifying whether prepayments are permitted without penalty. Eighth, a good faith clause under article 1375 C.c.Q. must be included. Ninth, governing law and jurisdiction clauses must reference Quebec civil law. Finally, general provisions regarding amendments, notices, and severability complete the agreement.