Losing a loved one is always hard. Despite this, certain administrative steps must be completed after someone dies to add their death to official records. Understanding these steps and the different documents involved can help you navigate this challenging time. If the death occurred outside Quebec or the person went missing, the steps to take are a bit different.
What is a declaration of death?
When a person dies in Quebec, someone must complete a declaration of death as soon as possible. This must usually be done either by the deceased’s spouse or common-law partner, or by another of their family members. If none of the deceased’s family members can complete the declaration of death, any person who is able to identify the deceased can do it.
This declaration is completed with the help of the company providing funeral services. The funeral services company must then send it to the Directeur de l’état civil (registrar of civil status), who manages documents related to deaths.
What information does the declaration of death contain?
The declaration of death contains this information about the person who died:
- Their name, the sex indicated on their act of birth, and their date and place of birth.
- If applicable, the date and place of their marriage or civil union.
- The names of their parents and of their spouse, if applicable.
- Their last place of residence.
- The date, time and place of their death, as described in the attestation of death.
- The details of the final arrangements for their body.
- The name and address of the person completing the declaration of death and their relationship to the deceased.
If you need help filling out this declaration, don’t hesitate to consult the Citizen Checklist Declarant of Death published by the Directeur de l’état civil.
What is an attestation of death?
An attestation of death is a document that’s filled out by the medical professionals or other authorities who confirm the person’s death. It can be completed by one of these people:
- a doctor,
- a nurse,
- two police officers if it’s impossible for a medical professional to complete it within a reasonable amount of time and it’s obvious that the person has died.
What information is in an attestation of death?
An attestation of death includes this information about the person who died:
- Their name and the sex indicated on their act of birth.
- The date, time and place of their death.
- The date the attestation was prepared.
- The name, address, signature and position of the person who prepared the attestation.
- The doctor’s license number if a doctor prepared the attestation.
If the time of death is uncertain, the Directeur de l’état civil (registrar of civil status) will choose one based on the coroner’s report. If the place of death is unknown, the location where the body was found will be indicated in the attestation of death.
A copy of the attestation of death is given to the person who completes the declaration of death.
Finally, the attestation of death is sent to the Directeur de l’état civil, either by the person who completed it or by the funeral services company.
What is an act of death?
An act of death is an official document that confirms a person’s death. It is prepared by the Directeur de l’état civil (registrar of civil status) based on the declaration and attestation of death.
The act of death is registered in the civil status register, just like acts of birth, marriage or civil union. This register is a vast database managed by the Directeur de l’état civil that contains important information on all Quebecers.
What is a death certificate?
A death certificate is a document issued by the Directeur de l’état civil (registrar of civil status). It’s used to prove that a person has died. It is used mainly to:
- settle the deceased’s estate,
- cancel programs like health insurance, automobile insurance, pensions, and social assistance,
- set the start date for the surviving spouse’s pension.
How can I get a copy of documents related to a death?
The Directeur de l’état civil (registrar of civil status) can provide these three documents:
- A copy of the act of death, which is a complete copy of the act.
- A death certificate, which contains the main information about a death.
- An attestation of death, which simply says whether an act of death or certain information related to a death is in the registrar of civil status, without providing more details.
The Directeur de l’état civil can give you a copy of the act of death or a death certificate if you are:
- the deceased’s parent,
- their child,
- their sibling,
- their spouse through marriage or a civil union,
- the person who declared the death,
- the director or a representative of the funeral services company,
- any other person who can justify their interest in receiving these documents, like another member of the family or a notary representing the estate.
The Directeur de l’état civil may ask you to submit your date of birth, proof of your family relationship to the deceased, or a power of attorney to confirm that you’re one of the people who can apply for a certificate or a copy of an act.
To get a copy of these documents, you can submit your request to the Directeur de l’état civil:
- through their website,
- by mail, by sending in a completed copy of the form titled Application for a Certificate or Copy of an Act of Death,
- in person at a Services Québec office.
The rules for getting a simple attestation of death are even more relaxed. Any person can ask for one if the information they’re looking for is in the death certificate. To get an attestation, you must fill out the form titled Application for an Attestation and send it by mail.
See the website of the Directeur de l’état civil for more information on the fees and processing time for getting these documents.
What happens when the person who died can’t be identified?
When the person who died can’t be identified, the person who confirmed the person’s death must provide a description of the body and the circumstances surrounding its discovery.
It is then up to the coroner to identify the body and to determine the cause of death. After receiving the coroner’s report, the Directeur de l’état civil (registrar of civil status) will produce a declaration of death and an act of death.
What happens when a person goes missing?
A missing person is presumed to be alive for seven years after the date of their disappearance.
During this time, a tutor can be named to manage the missing person’s property and affairs. If the person hasn’t been found after seven years, a court can issue a declaratory judgement of death.
What is a declaratory judgment of death?
When a person has been missing for seven years, a court can be asked to make a declaratory judgment of death. The Directeur de l’état civil then prepares the act of death according to the information in this judgment.
To get a declaratory judgement of death, you can file your application and supporting documents online using the portal for non-contentious proceedings (French only).
In what situations can a death be declared in less than seven years?
A death can be declared after less than seven years when circumstances show that the missing person has definitely died, even if the exact place, date and time of death can’t be confirmed.
For example, the Directeur de l’état civil can create an act of death for a missing person if a court has found someone guilty of causing the person’s death. This act of death has the same effect as a declaratory judgement of death.
What happens if a Quebec resident dies outside of Quebec?
It’s not necessary to complete a declaration of death in this situation. To add the death to Quebec’s register of civil status, you must complete an Application for Insertion of an Act of Civil Status Made Outside Québec into the Québec Register of Civil Status.
The application must include the original death certificate issued by the province, state, or country where the person died. An official French translation is required for death certificates written in another language.