Demand letter by email: is it valid in Quebec?

What the law requires of a demand letter

The extrajudicial demand letter is governed by a single formal requirement: writing. The Civil Code of Québec mentions neither the mail, nor registered mail, nor any other mandatory method of transmission.

“An extrajudicial demand by which a creditor puts his debtor in default must be made in writing. The demand must allow the debtor sufficient time for performance, having regard to the nature of the obligation and the circumstances; otherwise the debtor may perform the obligation within a reasonable time after the demand.”

: Article 1595, Civil Code of Québec (LégisQuébec)

Is an email “writing”? This is where the Act to establish a legal framework for information technology (LCCJTI) comes in.

Email has the same legal value as paper

Since 2001, the LCCJTI has established the principle of functional equivalence between media: a document is neither favoured nor penalized because it is electronic.

“The legal value of a document, particularly its capacity to produce legal effects and its admissibility as evidence, is neither increased nor diminished solely because of the medium or technology chosen. [...] A document whose integrity is ensured has the same legal value whether it is a paper document or a document in any other medium, insofar as, in the case of a technology-based document, it otherwise complies with the legal rules applicable to paper documents.”

: Section 5, LCCJTI (LégisQuébec)

A demand letter sent by email therefore satisfies the writing requirement of article 1595 C.C.Q., provided the document's integrity is ensured: that is, that you can show the document received is indeed the one that was sent, without alteration.

The real challenge: proving receipt

In practice, the weakness of a demand letter sent by ordinary email isn't legal: it's evidentiary. If the recipient denies having received your email, a screenshot of your sent folder demonstrates neither delivery, nor the exact date of receipt, nor the integrity of the attached document.

Section 31 of the LCCJTI sets out precisely how to establish the time a technology-based document was sent and received:

“The time of sending or of receipt of a document may be established by producing a transmission slip or an acknowledgement of receipt or the information kept with the document providing it guarantees the date, hour, minute and second of sending or receipt and indicates the source and destination of the document, or by any other agreed method that provides the same guarantees.”

: Section 31, para. 4, LCCJTI (LégisQuébec)

This is exactly the role of certified email: producing a proof report timestamped to the second, with confirmation of delivery to the recipient's server and a digital fingerprint (SHA-256) of the transmitted document.

Ordinary email or certified email: the difference

Three precautions before sending

1. Use the right address. The presumption of receipt in section 31 of the LCCJTI applies to the address the recipient indicates or publicly represents as the place where they accept receiving documents. An address the recipient uses actively (the one from your usual exchanges, the one on the lease or contract) is the best option.

2. Allow enough time. Article 1595 C.C.Q. requires it. In practice, 10 days is common for most situations; adjust it based on urgency and the nature of the obligation.

3. Keep solid proof. The burden of proving transmission rests on you. A proof report conforming to the LCCJTI is an admissible element; its admissibility and probative force are assessed case by case by the tribunal.

Ready to send? With Locato, upload your demand letter as a PDF and send it by certified email with a timestamped proof report, for $14.99, no account required.

Frequently asked questions