Simple emancipation

Simple emancipation is an intermediate status. It does not end minority, nor does it confer all the rights of majority. However, a minor who obtains simple emancipation has more autonomy because they are able to manage their property.

Application to the court and age of the minor

The age at which a court grants simple emancipation is left to its discretion; the Civil Code of Québec does not specify an age (but the minor must be 16 if a declaration is filed with the Curateur public).

The judge will rule in the minor's best interests, taking into account their maturity and degree of discernment. Before reaching a decision, the judge consults the parents or dative tutor, and the tutorship council if there is one.

How is simple emancipation obtained?

There are two possible ways:

The tutor files a written declaration with the Curateur public at the request of the minor, who must be at least 16, and with the agreement of the tutorship council. The existence of a tutorship council is thus an essential condition. The document does not have to be notarized.
The tutor or minor files an application to the court. The Curateur public must be informed in writing.

Acts that a simply emancipated minor may accomplish alone

The child is no longer subject to parental authority. This means that without the help of their parents or tutor, they may:

A simply emancipated minor may not claim prejudice before the court in the case of contracts that they were not legally capable of signing without their tutor's assistance.

sign a lease (residential or commercial premises) with a term of up to 3 years;
donate property, provided that doing so will not substantially reduce their patrimony;
sue for damages in court.

This is what the Civil Code (articles 1301 to 1305) calls exercising simple administration.

Acts to be authorized by the tutor

A simply emancipated minor must be assisted by their parents or dative tutor for all acts other than those listed above. This means they continue to be represented by their tutor for acts such as:

The parents or dative tutor are fully responsible if they refuse to assist the simply emancipated minor or assist them improperly.

renouncing an indebted inheritance;
accepting a donation involving obligations.

For other acts (e.g. getting married), they must obtain their tutor's consent.

Acts to be authorized by the court

The minor must obtain authorization from the court, which takes into account the opinion of their parents or dative tutor, in order to:

lend or borrow substantial amounts;
sell or mortgage real estate or a company;
enter into a contract of marriage.

Acts that the minor may not accomplish

Even with their tutor's assistance, the minor is still not allowed to:

make a will, except for property of little value;
donate property of substantial value.

Recourse against tutor

The law allows minors three years in which to institute legal proceedings against their tutor. This three-year prescription period only begins when the minor turns 18.