Rights of the minor

The law and protection of the minor

What if the child performs a legal act for which they were supposed to be represented (e.g. selling a valuable item of property)? Their tutor alone may ask the court to cancel or reduce the resulting obligations, provided they are able to prove that prejudice was caused.

Upon reaching the age of 18, the age of majority in Québec, the child becomes fully capable of exercising all their civil rights (e.g. signing a major contract, disposing of large sums of money, contracting a loan). Until this age, the child may not act alone and must be assisted and represented by their parents or dative tutor, under whose authority they are placed. The legal term for this is incapacity of the minor.

However, this does not mean they are totally incapacitated: their incapacity will depend on their age, maturity and degree of discernment, as well as the type of acts concerned.

Overall rights of the minor

The law recognizes the following rights for a minor:

education rights from age 6 to 16;
the capacity to differentiate between good and bad (the age of reason is around age 7);
the capacity to give their opinion, be penally responsible and give their consent to certain acts concerning them, and the right to work.

Examples

The child may:

If the minor has a high income or spends recklessly, the tutor may ask the court to set the money available to the child at a fixed amount.

make purchases for their day-to-day needs (clothing, regular recreation, etc.)
manage alone the income they earn from work, crafts or sports;
have a bank account Savings and Credit Unions Act (section 22);
contract a student loan during high school or college and administer it as a person of full age Act respecting financial assistance for education expenses (section 17);
bequeath in a will or donate property of low value (e.g. computer, bicycle, personal music player, CDs, books, furniture, etc.;
ask the court to cancel an act accomplished alone by their tutor when the tutorship council's authorization was required, if this act has caused them harm or is detrimental to their interests, or to reduce the resulting obligations;
ask for their tutor to be dismissed, with valid reasons.

Rights of a minor at 14

From age 14, the child is regarded as a person of full age by the Civil Code for all matters concerning their work or practice of an art or sports. They may also accomplish all related acts (renting a workplace and paying rent, purchasing specialized equipment...), as well as being able to use their earnings for their everyday needs.

Turning 14 is therefore a landmark in the minor's gradual acquisition of autonomy. When the minor reaches this age, their parents or dative tutor also have to inform them about their administration by giving them an annual administration report, if the tutorship is supervised by a tutorship council and the Curateur public.

Rights of a minor at 16

Professional Syndicates Act (section 7)
Bankruptcy and Insolvency Act

When they are 16 or older, a minor may:

join a professional union;
designate a beneficiary in a work related life insurance contract;
go bankrupt with the court's authorization, if it is in their best interests;
get married with their tutor's consent – which gives them full emancipation – or get divorced, with the authorization of the court.

See also: Ad hoc tutor.