Transport Contract (Quebec)

A Quebec Transport Contract (Contrat de transport) is a legally binding agreement by which one party, the carrier (transporteur), undertakes to transport goods from one place to another in exchange for freight charges paid by the shipper (expéditeur) or consignee (destinataire). Under the Code civil du Québec, the transport contract is governed by a specific and thorough set of provisions in articles 2030 to 2084, which distinguish between transport of persons (arts. 2030–2039) and transport of property (arts. 2040–2058), as well as special rules for successive transportation (arts. 2059–2076) and international transport (arts. 2077–2084). Quebec's transport law framework is particularly distinctive within Canada because it imposes mandatory obligations and liability rules that cannot be entirely waived by contract, providing a baseline of protection for shippers and consignees regardless of negotiated terms. Article 2049 C.c.Q. establishes the carrier's fundamental obligation to confirm the safe custody and preservation of goods throughout transit. Article 2054 C.c.Q. defines the circumstances in which the carrier is exonerated from liability, namely: an inherent defect in the goods, an act of force majeure within the meaning of article 1470 C.c.Q., or fault of the shipper or consignee. Article 2052 C.c.Q. establishes a special one-year prescriptive period for claims against carriers, which is significantly shorter than the general three-year civil prescription. In addition to the C.c.Q., transport in Quebec is subject to provincial legislation including the Act respecting transport services by taxi (RLRQ, c. T-11.2), the Highway Safety Code (Code de la sécurité routière, RLRQ, c. C-24.2), and the Act respecting safety in the transport of dangerous materials (RLRQ, c. S-3.1.2), as well as federal legislation including the Canada Transportation Act (S.C. 1996, c. 10) and the Transportation of Dangerous Goods Act (R.S.C. 1992, c. 34.01) for hazardous shipments.

A Quebec Transport Contract is needed whenever goods are shipped commercially within Quebec, between Quebec and other provinces, or internationally when the contract is subject to Quebec law. Common situations requiring a formal transport contract include retail and wholesale businesses shipping inventory from warehouses to retail locations or directly to customers, requiring defined pickup schedules, delivery deadlines, and freight terms. Manufacturing companies regularly shipping raw materials from suppliers or finished goods to distributors need standardized transport contracts that define carrier obligations, liability limits, and damage claim procedures. E-commerce businesses using third-party logistics (3PL) providers for last-mile delivery within Quebec require contracts addressing delivery performance standards, proof of delivery requirements, and return logistics. Agricultural producers and food processors shipping perishable goods requiring temperature-controlled transport (transport frigorifique) need contracts with specific handling instructions and heightened liability provisions for spoilage. Companies shipping hazardous materials classified under the Transportation of Dangerous Goods Act need contracts explicitly incorporating TDG compliance obligations for both shipper and carrier. Construction companies transporting heavy machinery and equipment to job sites need contracts addressing oversized load permits and specialized equipment requirements. Moving companies and freight brokers acting as intermediaries between shippers and carriers need contracts clearly defining their role and the rights and obligations of each party. International traders importing or exporting goods through Quebec ports need transport contracts that integrate with international conventions such as the Montreal Convention for air transport or the Hague-Visby Rules for maritime transport.

Parties in Quebec should prepare a Transport Contract (Quebec) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

The key elements of a Quebec Transport Contract include thorough identification of all three parties: the shipper (expéditeur) with legal name, address, and entity type; the carrier (transporteur) with full legal name, address, and CTQ permit number as required under the Highway Safety Code; and the consignee (destinataire) with delivery address. The goods description must be precise and complete, including the nature and type of goods, quantity, total weight, dimensions, packaging type, declared value for liability purposes, and any special characteristics such as perishability, fragility, or hazardous classification. The transport route must specify the exact place of origin, the delivery address, the agreed pickup date, and the contractual delivery deadline, with consequences for delay clearly defined. Freight charges and payment terms must establish the total cost of transport, who bears the cost (shipper prepaid or consignee collect), payment deadline, and applicable taxes (TPS and TVQ). The carrier liability regime clause must clearly identify whether the parties have chosen the statutory C.c.Q. limit under article 2054, a declared value regime, or a special contractually agreed limit, as this determination affects both freight pricing and insurance requirements. If the shipment includes dangerous goods, the contract must reference applicable TDG Act classifications, required documentation, and certification status of the carrier. Insurance provisions should specify whether cargo insurance is required, in what amount, and which party is responsible for maintaining coverage. The claim notification procedure must address both apparent damage (noted on the delivery receipt) and non-apparent damage (written notice within 60 days per art. 2052 C.c.Q.), with reference to the one-year prescription period. Force majeure provisions under article 1470 C.c.Q., the good faith obligation under article 1375 C.c.Q., and governing law under the laws of Quebec must round out the agreement.