Photo and Video Consent Form (Quebec)

A Quebec Photo and Video Consent Form (Formulaire de consentement a la photographie et a la video) is a legal document by which a person voluntarily grants permission for their photographic image, likeness, or video recording to be captured and used by another party for specified purposes. In Quebec, the right to one's image is a fundamental aspect of the right to privacy, protected under articles 35 and 36 of the Code civil du Quebec (CCQ) and reinforced by the Quebec Charter of Human Rights and Freedoms (RLRQ, c. C-12) and the Act respecting the protection of personal information in the private sector (Loi 25, RLRQ, c. P-39.1).

Article 35 CCQ establishes that every person has the right to the respect of their reputation and privacy. Article 36 CCQ specifies that acts constituting violations of privacy include capturing or using a person's image without their consent. Without valid consent, using someone's photograph or likeness, even in a non-commercial context such as a school newsletter, community website, or social media post, may constitute a violation of privacy rights under the CCQ, exposing the user to civil liability for damages under articles 1457 and 1458 CCQ.

The consent must be free, specific, and informed. Quebec courts have consistently held that a blanket or general consent is insufficient for uses that are substantially different from those originally described. Each distinct use, whether educational, commercial, promotional, or social media, should ideally be addressed separately in the consent document. The person granting consent must understand what they are agreeing to, to whom the images will be disclosed, and for how long the authorization remains valid.

Quebec's modernized Loi 25, which came into force in stages from 2022 to 2023, further reinforces these protections. Since September 2023, organizations collecting biometric characteristics, including facial recognition data extracted from photographs, must conduct a Privacy Impact Assessment (PIA, Evaluation des facteurs relatifs a la vie privee, EFVP) and comply with strict consent requirements under sections 12.1 and 12.2 of the Act. Organizations must also designate a person responsible for the protection of personal information and publish their privacy policy.

For minors, parental or guardian consent is required under articles 156 to 176 CCQ governing parental authority. A parent exercising parental authority under arts. 597-612 CCQ may grant consent on behalf of a child under 14. Children aged 14 and over may generally consent in their own right for non-medical matters, though parental involvement is recommended for commercial image uses. The best interests of the child must always be the guiding principle.

Consent may be withdrawn at any time under Quebec law, though practical limitations exist where images have already been published or embedded in physical materials. The revocation procedure should be specified clearly in the consent form, including the required notice period and the practical consequences of revocation. Where images have been incorporated into printed materials already distributed, the organization may not be able to recall those copies but must cease future uses.

The consent document should clearly identify the consenting party, the organization receiving the consent, the nature and purpose of the photographs or videos, the permitted uses, the duration and territorial scope of the consent, whether the consent is revocable, and any compensation arrangement. A well-drafted consent form protects both parties: the organization from privacy law liability, and the consenting person from unauthorized use of their image. Failure to obtain proper consent can result in injunctive relief, damages, and significant reputational harm under Quebec civil law.

A photo and video consent form is needed in any situation where identifiable individuals are photographed or filmed and the resulting images will be published, distributed, or otherwise used beyond a purely private context. Quebec's strong privacy protection regime under arts. 35-36 CCQ and Loi 25 makes written consent essential in many circumstances where it might be optional in other Canadian provinces.

Schools, daycares, and educational institutions require a photo consent form for every student before capturing and publishing images in yearbooks, school newsletters, social media accounts, websites, or local newspapers. The Loi sur l'instruction publique (RLRQ, c. I-13.3) and provincial school board regulations require that parents be informed and give explicit consent before student images are published. A single annual consent form covering all school activities is generally acceptable, provided it identifies all anticipated uses clearly and parents understand that they are consenting to a range of specific, listed activities.

Sports organizations, community clubs, and nonprofit associations need consent before photographing or filming participants and publishing images on websites, promotional materials, or social media platforms. Youth sports leagues in Quebec must obtain parental consent for all minor participants, as children cannot independently consent to image use. Even where events are held in public spaces, Quebec's right to privacy means that systematic photography for commercial or broad distribution purposes requires individual consent.

Commercial photography studios and professional photographers require a photo consent form before portrait sessions, event photography, or commercial shoots involving identifiable subjects. This consent grants the right to use images in the photographer's portfolio, marketing materials, and for client deliverables. Without a signed consent form, the photographer risks civil liability even if the client paid for the session, because payment does not automatically confer the right to use and distribute images commercially.

Event organizers at conferences, festivals, concerts, or public gatherings where professional photographers are present should either obtain advance individual consent or display clear visible notice that photography and filming will take place and that images may be used for specified purposes. Under Quebec law, even at semi-public events, there is no automatic implied consent to the use of one's image for commercial or broad distribution purposes. Notice at the entrance constitutes a form of constructive consent for some uses but cannot substitute for explicit individual consent for commercial exploitation.

Medical and healthcare providers photographing patients for clinical documentation, education, or research must obtain consent that complies with both the CCQ and Quebec's Act respecting health services and social services (LSSSS, RLRQ, c. S-4.2). Research institutions must use ethics board-approved consent forms compliant with the Tri-Council Policy Statement (TCPS2) and the requirements of the Commission d'acces a l'information (CAI).

Social media influencers and content creators who feature identifiable individuals in monetized content or brand partnerships must obtain explicit consent under Loi 25 before publishing, as the commercial nature of the content triggers stronger consent obligations. The CAI has made clear that commercial use of personal images is a form of processing personal information that requires informed, specific consent.

Corporate communications teams photographing employees for websites, annual reports, or internal communications should use a standard employee photo consent form, confirming employees understand the specific uses to which their image will be put and retaining the right to withdraw consent if their employment ends. Employee consent must be truly voluntary, meaning employers cannot make employment conditional on consent to image use for non-essential purposes.

A thorough and legally valid Quebec photo and video consent form must include the following key elements to be enforceable under the CCQ, the Quebec Charter, and Loi 25:

**Identification of Parties:** Full legal name and address of the person granting consent and the organization or individual receiving consent. For minors, the parent or guardian's name and their relationship to the child, confirming they hold parental authority (autorite parentale) under arts. 597-612 CCQ. The document must clearly distinguish between the subject of the photographs and the consenting party when these are different persons.

**Description of the Photographic Activity:** Precise description of the photographs or recordings, including the location, date, event type, and nature of the session, so the consenting person understands exactly what they are consenting to. Vague descriptions can render the consent unenforceable. The description should specify whether the session is a professional portrait, event coverage, commercial advertisement, documentary, or other category of photography.

**Permitted Uses:** An explicit, specific list of permitted uses, including but not limited to school publications, social media platforms, commercial advertising, news media, portfolio display, research publications, or internal communications, and any prohibited uses. Quebec courts require specificity; a blanket authorization for any purpose may be interpreted narrowly if challenged before the Commission d'acces a l'information or in civil proceedings.

**Duration and Territory:** The time period for which the consent is valid and the geographic territory where images may be used. Indefinite worldwide consents should be clearly understood and explicitly agreed to by the consenting party. Many organizations use a three-to-five year renewable term to give consenting parties periodic opportunities to reassess their consent.

**Right of Revocation:** Under arts. 35-36 CCQ, consent to image use is generally revocable. The form must specify whether consent is revocable, the required notice period and procedure for revocation, and what happens to materials already produced and distributed when revocation is exercised. Organizations should specify that revocation takes effect prospectively and does not require them to destroy existing printed materials already distributed.

**Compensation:** Whether the consenting person receives any monetary compensation, free images, attribution credit, or other consideration, or whether the consent is granted gratuitously. Absence of compensation should be expressly acknowledged to prevent future claims. Where compensation is paid, the amount and payment terms must be specified.

**Minor's Specific Consent Provisions:** If the subject is a minor under 14, the parent or legal guardian must sign exclusively. If the minor is between 14 and 18, both parental and minor signature are recommended for commercial uses, given the child's emerging autonomy under Quebec law. The form should confirm the signing parent holds parental authority and is not under a custody order that restricts their authority to consent to such activities.

**Governing Law Reference:** Explicit reference to the CCQ (arts. 35-36), the Quebec Charter of Human Rights and Freedoms, and Loi 25 (RLRQ, c. P-39.1), confirming that the consent is governed by Quebec law and that disputes will be heard before Quebec courts or the Commission d'acces a l'information as applicable.

**Privacy Policy Reference:** For organizations subject to Loi 25, a reference to the organization's published privacy policy and the contact information for the person responsible for the protection of personal information (responsable de la protection des renseignements personnels) as required under sections 3.1 and 8 of Loi 25.

**Good Faith Clause:** An obligation of bonne foi (art. 1375 CCQ) for both parties, confirming the organization will use the images only as specified and the consenting person has provided accurate information. This clause reinforces the mutual obligations of transparency and fair dealing central to Quebec contract law.