Directeur de l'état civil
A declaration of death (see definitions) must be filled out whenever a person dies. This document, coupled with the attestation of death (see definitions) which must also be completed, is used to draw up the act of death.
The death must be confirmed and declared to the Directeur de l’état civil. A physician and a funeral director take part in this process.
First, the physician:
Then the funeral director:
The Directeur de l’état civil must have received the attestation of death and the declaration of death in order to draw up the act of death and enter it in the Québec register of civil status. The Directeur may then issue, on request, a death certificate or a copy of the act of death. These documents are the only official documents recognized as proof of death.
Restrictions Ministers of religion may conduct funerals. However, documents issued by a religious society following the ceremony do not provide legal proof of death.
Simplified forwarding of information relative to the deathThe form Application for the simplified forwarding of information relative to the death can also be completed with the Declaration of Death. Once the Directeur de l'état civil has entered the death in the Québec register of civil status, the Directeur forwards relevant information
According to the answers provided by the declarant in the Application for the simplified forwarding of information relative to the death, the Directeur de l'état civil will also forward relevant information
Death outside Québec If a death occurs outside Québec, the officer of civil status of the country or province where the death took place receives the information about the death and draws up the act of death. This act may be inserted in the Québec register of civil status. Once the act has been inserted, all authorized persons may obtain a death certificate or a copy of the act of death on request.
NoteThe Directeur can draw up the act of death of an absentee (see definitions) when a court finds a person guilty of acts resulting in the death or disappearance of that absentee's body.
AbsenteeMissing person whose existence is doubted although his or her death is not confirmed.
Attestation of death An attestation of death states the name and sex of the deceased person and the place, date and time of death. Declaration of death A declaration of death contains the same information as an attestation of death, as well as:
The declaration of death must be completed by the person who declares the death and the funeral director.
A declaration of death may be made by the spouse of the deceased person, a close relative or a person connected by marriage or a civil union (e.g. brother-in-law, sister-in-law, mother-in-law) or, failing them, by any other person able to identify the deceased.
Civil Code of Québec , 1991, chapter 64, art. 122-128 Tariff of duties respecting the acts of civil status and change of name or of designation of sex , chapter C.C.Q., r. 10, art. 5 An Act respecting the determination of the causes and circumstances of death , R.S.Q., chapter R-0.2
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