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by matbilodeau 1205 days ago
Fortunately, contracts in Quebec are dependent of the Civil Code. Terms of service match the definition of a contract. I am eager to see if such practices by any level of government will pass the test of tribunals and current jurisprudence.

Excerpts : 1458 Every person has a duty to honour his contractual undertakings. Where he fails in this duty, he is liable for any bodily, moral or material injury he causes to the other contracting party and is bound to make reparation for the injury; neither he nor the other party may in such a case avoid the rules governing contractual liability by opting for rules that would be more favourable to them.

https://www.legisquebec.gouv.qc.ca/en/document/cs/CCQ-1991?l...

1474 A person may not exclude or limit his liability for material injury caused to another through an intentional or gross fault; a gross fault is a fault which shows gross recklessness, gross carelessness or gross negligence. He may not in any way exclude or limit his liability for bodily or moral injury caused to another.

1475 A notice, whether posted or not, stipulating the exclusion or limitation of the obligation to make reparation for injury resulting from the nonperformance of a contractual obligation has effect, with respect to the creditor, only if the party who invokes the notice proves that the other party was aware of its existence at the time the contract was formed.

1476 A person may not by way of a notice exclude or limit his obligation to make reparation with respect to third persons; such a notice may, however, constitute disclosure of a danger

1477 The assumption of risk by the victim, although it may be considered imprudent having regard to the circumstances, does not entail renunciation of his remedy against the author of the injury.

https://www.legisquebec.gouv.qc.ca/en/document/cs/CCQ-1991?l...

2 comments

IANAL... but...

I don't think that the CRA is subject to Quebec law, and believe that the CRA may exercise sovereign immunity, though I'm not sure that it has done so in the past.

That's where 3149 would come in. Maybe even 3150 if you have "ID theft" insurance.

3149. Québec authorities also have jurisdiction to hear an action based on a consumer contract or a contract of employment if the consumer or worker has his domicile or residence in Québec; the waiver of such jurisdiction by the consumer or worker may not be set up against him.

3150. Québec authorities also have jurisdiction to hear an action based on a contract of insurance where the holder, the insured or the beneficiary of the contract is domiciled or resident in Québec, the contract covers an insurable interest situated in Québec or the loss took place in Québec.

https://www.legisquebec.gouv.qc.ca/en/document/cs/CCQ-1991?l...

Why would the TOS of a site operated by a national government agency qualify as a “consumer contract or a contract of employment”? And why would a provincial law constrain the actions of the federal government?

https://en.m.wikipedia.org/wiki/Paramountcy_(Canada)

As GP noted, sovereign immunity might be relevant here.

Thankfully , the Civil Code also contains definitions for contracts So here we are dealing with an contract of adhesion (terms being imposed by CRA).

Here's an interesting case that may enlighten, however it was approached as a consumer contract because it was not onerous. https://www.canlii.org/en/qc/qccs/doc/2011/2011qccs1506/2011...

How onerous is it to be forced to use CRA online services ? Are the taxes you pay considered onerous ? Are the CRA TOS considered an adhesion contract ?

This should really be tested by by the justice system rather than enthusiasts on a discussion forum. However, since we're all governed by such laws, it's never a loss to spend time on learning about them, especially physics.

1378. A contract is an agreement of wills by which one or several persons obligate themselves to one or several other persons to perform a prestation. Contracts may be divided into contracts of adhesion and contracts by mutual agreement, synallagmatic and unilateral contracts, onerous and gratuitous contracts, commutative and aleatory contracts, and contracts of instantaneous performance or of successive performance; they may also be consumer contracts.

1379. A contract of adhesion is a contract in which the essential stipulations were imposed or drawn up by one of the parties, on his behalf or upon his instructions, and were not negotiable. Any contract that is not a contract of adhesion is a contract by mutual agreement.

1384. A consumer contract is a contract whose field of application is delimited by legislation respecting consumer protection whereby one of the parties, being a natural person, the consumer, acquires, leases, borrows or obtains in any other manner, for personal, family or domestic purposes, property or services from the other party, who offers such property or services as part of an enterprise which he carries on.

People in Quebec deal with Revenue Quebec for both provincial and federal taxes, the CRA website won’t affect them.
I'm fairly confident that we deal with both here. They are totally separate entities and they don't even talk to each other. We get 2x the papers (R1 and T4), and we file separately with each. It's possible to get a refund cheque from one and still owe the the other.

But forget the CRA, ask me about how mine and many other peoples drivers licenses were suspended for weeks because the SAAQ totally fucked a software migration.

That's just not true. Federal taxes are filed with the CRA for QC citizens.
We have to fill 2 tax reports.

- Provincial: Revenu Quebec

- Federal: CRA