What are the carrier's obligations under the Quebec transport contract?

Under the Code civil du Québec, the carrier's core obligations in a transport contract (contrat de transport) are established in articles 2030 to 2084. The carrier must: (1) take delivery of the goods at the agreed time and place (art. 2033 C.c.Q.); (2) ensure the safe custody and preservation of the goods throughout transit (art. 2049 C.c.Q.); (3) transport the goods by the agreed route and using appropriate means; (4) deliver the goods to the consignee designated by the shipper (art. 2044 C.c.Q.); and (5) immediately notify the shipper of any loss, damage, or delay affecting the goods (art. 2051 C.c.Q.). The carrier must also comply with all applicable regulations, including the Highway Safety Code (Code de la sécurité routière, RLRQ, c. C-24.2) for road transport and the Transportation of Dangerous Goods Act (L.R.C., c. T-19.01) for hazardous materials.

How is carrier liability limited under Quebec civil law?

Under Quebec civil law, articles 2049 to 2055 C.c.Q. govern carrier liability for loss or damage to goods during transport. The carrier is presumed liable for any loss or damage occurring from the time the goods are taken in charge until delivery, unless the carrier can prove the loss or damage was caused by: (1) an inherent defect or vice of the goods themselves (art. 2054 C.c.Q.); (2) an act of force majeure under article 1470 C.c.Q.; or (3) fault of the shipper or consignee. Parties may limit liability contractually, but this limitation cannot apply below the statutory minimums established by applicable regulations. For road transport governed by the federal Trucking Act, the liability limit is set by regulation. The parties may also agree on a declared value regime where the carrier's liability equals the declared value of the goods, which typically results in higher freight charges but greater protection for the shipper.

What is the prescription period for transport claims in Quebec?

Under article 2052 of the Code civil du Québec, the prescription period for actions against a carrier for loss or damage to goods is one (1) year from the date of delivery or from the date when delivery should have been made if the goods were lost. This is a special short prescription period that applies specifically to transport law and differs from the general three-year prescription period under article 2925 C.c.Q. Importantly, for claims arising from non-apparent damage or loss, the consignee must provide written notice to the carrier within sixty (60) days of delivery. Failure to provide timely written notice may not extinguish the claim but can affect the ability to prove the carrier's liability. For dangerous goods incidents, additional notification requirements may apply under federal transport regulations.

What are the requirements for transporting dangerous goods in Quebec?

The transportation of dangerous goods in Quebec is governed primarily by the federal Transportation of Dangerous Goods Act (TDG Act, R.S.C. 1992, c. 34.01) and its regulations (Transportation of Dangerous Goods Regulations, SOR/2001-286), supplemented by Quebec's Act respecting safety in the transport of dangerous materials (RLRQ, c. S-3.1.2). Under these regulations, the shipper must: (1) properly classify the dangerous goods by UN number and hazard class; (2) use approved containers and packaging that meet TDG standards; (3) apply appropriate labels, placards, and marks to the shipment; (4) prepare a shipping document (Transport Document) containing all required information; and (5) ensure the carrier holds the appropriate permits and certifications for the class of dangerous goods being transported. The carrier must: (1) verify the shipper's documentation before accepting the shipment; (2) ensure the vehicle is equipped with required safety equipment; and (3) comply with route restrictions applicable to dangerous goods transport.

Does the carrier need a permit from the Commission des transports du Québec?

Yes, commercial carriers transporting goods for hire on Quebec roads generally require a permit from the Commission des transports du Québec (CTQ) under the Act respecting transportation by taxi and by automobile for hire (Loi sur le transport par taxi et par automobile de location, RLRQ, c. T-11.2) or the Highway Safety Code. The CTQ issues operating permits to carriers who meet the required financial, safety, and operational standards. Carriers operating across provincial or international boundaries may also require operating authority from the Canadian Transportation Agency (CTA) under the Canada Transportation Act (S.C. 1996, c. 10). Carriers specializing in specific goods (refrigerated, oversized, hazardous materials) may require additional specialized permits. The carrier's CTQ permit number should always be included in the transport contract for verification purposes.

Quebec

Transport Contract (Quebec)

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Create a free Quebec Transport Contract (Contrat de transport) governed by articles 2030 to 2084 of the Code civil du Québec, covering road, rail, maritime, and air transport of goods. Includes shipper, carrier, and consignee identification, goods description with declared value, CTQ carrier permit, pickup and delivery dates, freight charges, carrier liability regime (statutory CCQ limit or declared value), dangerous goods (TDG Act) compliance, cargo insurance, loss/damage claims procedure (art. 2052 C.c.Q. one-year prescription), and force majeure. Bill 96 compliant. Download as PDF or Word.

What Is a 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 comprehensive 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 ensure 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.

When Do You Need a Transport Contract (Quebec)?

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.

What to Include in Your Transport Contract (Quebec)

The key elements of a Quebec Transport Contract include comprehensive 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.

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