In Quebec, a person becomes an adult in the eyes of the law at age 18. People under 18 are called “minors.” For some decisions, minors are not allowed to act on their own. Instead, their tutors – usually their parents – must do these things for them.
However, some minors face situations that make waiting to become an adult difficult, if not unbearable. They need more independence, and they need it fast! In these cases, a minor can ask for their “emancipation”. Find out what emancipation is, who can ask for it, how to get it and what it means to be emancipated.
Can non-emancipated minors exercise their rights in the same way as adults?
No. A minor who is not emancipated won’t have the same rights as an adult. Two legal concepts come into play when talking about a minor’s rights: parental authority and tutorship.
Parental authority requires a minor to get their tutors’ consent (generally, that means their parents) for decisions about their custody, supervision and education. For example, a minor who is not emancipated needs their tutors’ approval to sign a lease or go on a trip.
Tutorship for minors requires a minor to be represented by their tutors in any legal proceeding that could have significant effects on their finances or life. For example, a minor can’t sue someone themselves. A tutor will have to do it on their behalf.
What is emancipation?
Emancipation allows a minor to make personal decisions and exercise some important rights by themselves. More specifically, emancipation allows a minor to partially or completely free themselves from tutorship for minors and parental authority.
For example, emancipation allows a minor person to rent an apartment, buy a car, manage significant amounts of money or become the tutor of their own child.
There are two types of emancipation:
- Simple emancipation gives minors many important rights but not full adult status.
- Full emancipation gives minors almost all the same rights as an adult, with a few exceptions.
A minor who has obtained their simple or full emancipation is called an “emancipated minor.”
At what age can a minor become emancipated?
Usually, minors must be at least 16 years old to ask for emancipation. A judge can sometimes make exceptions and allow the emancipation of minors under the age of 16.
In what circumstances can a minor ask for emancipation?
There must be very good reasons to emancipate a minor. The law does not simply emancipate minors who are upset about their curfews or some of their parents’ decisions.
Emancipation exists to protect a minor’s rights in very specific circumstances. Here are some examples:
- A minor whose parents have passed away without naming another tutor and who is under the care of the Director of Youth Protection (“DYP”),
- A minor who doesn’t receive any moral or financial support from their tutor,
- A minor who has a difficult or unstable relationship with their tutor and who is under the care of the DYP,
- A minor who has a child and wants to be the tutor of their child.
These examples show that emancipation is a drastic solution for dealing with very particular situations, which often have to do with youth protection. It’s generally provided to teenagers who are close to adulthood, who are very mature and who can take on important responsibilities.
What does simple emancipation mean?
With simple emancipation, minors are no longer under the authority of their parents or tutors. Therefore, the parents do not have the duties of custody, supervision and education of their child anymore. For example, once the duty of custody no longer exists, minors do not have to live with their tutor and will not be considered runaways.
Under simple emancipation, minors can do some things alone that would otherwise need their tutors’ involvement. For example, they can rent an apartment for up to three years. Also, minors do not have to be represented by their tutors when exercising their civil rights. They can therefore sign contracts or go to court without their tutor.
However, if a minor gets simple emancipation, their tutor still has to advise and supervise them for decisions that could seriously affect their financial situation. For example, the tutor has to get involved if the minor plans on refusing an inheritance or plans on accepting a gift that comes with many responsibilities. This could be, for example, if they were gifted a cottage that would require them to repair the balcony and clear the access routes every year.
A minor who received simple emancipation cannot take out a major loan alone, such as a mortgage. They will need permission from the court to do so. The court makes its decision after consulting the tutor.
How does a minor get simple emancipation?
There are two ways for a minor to get simple emancipation:
- by filing a declaration with the Public Curator,
- by asking the court.
Filing a declaration with the Public Curator
A minor who is at least 16 years old can file a declaration of emancipation with the Public Curator. The declaration must be signed by the minor and their tutor.
The declaration must also be approved by the tutorship council. The tutorship council is made up of the minor’s relatives and family friends (or of just one person in some cases). Its role is to supervise the tutor and make sure this person is acting in the minor’s best interest if the tutor is not the minor’s parent or if the minor owns property worth $40,000 or more.
It is quite rare for tutors to file a declaration of emancipation together with their child.
If a tutor agrees with the decisions of the minor, they can carry them out for them instead of going through emancipation. It’s a simpler way to achieve the same result.
Asking the court
Minors can apply to the court for simple emancipation. They may file their application online via the portal to submit an application under the non-contentious procedure. The minor can make that request even if their tutor does not agree to the emancipation. A judge will look at the reasons provided to make sure that emancipation is in the minor’s best interest. The judge will listen to what the tutor has to say, and consider the opinion of the tutorship council, if there is one.
People under 18 automatically qualify for legal aid. This means they will be assigned a lawyer to help them through the process.
What does full emancipation mean?
With full emancipation, minors are no longer under the authority of their parents or tutors. Minors have full legal capacity, including certain rights and duties usually reserved for adults. Therefore, emancipated minors can sue their parents for support, make a will, sign a lease, buy, rent, sell, or take out a mortgage, just like adults.
However, emancipation doesn’t impact all of a minor’s rights. Refer to the section “Can non-emancipated minors exercise their rights in the same way as adults?” for more information.
How does a minor get full emancipation?
Minors can get full emancipation in two ways:
- through marriage,
- by asking a court.
Through marriage
Minors who get married are automatically fully emancipated. This doesn’t mean that they can run off and get married just to have the same freedoms as an adult. By law, minors must have the court’s permission to marry. Also, the minimum age for marriage is 16.
Asking a court
Minors can also apply to the court for full emancipation. They may file their application online via the portal to submit an application under the non-contentious procedure.
The judge will determine whether there are serious reasons for emancipation and whether it is in the minor’s best interest. The judge will listen to what the tutor has to say, and consider the opinion of the tutorship council, if there is one.
People under 18 automatically qualify for legal aid. This means they will be assigned a lawyer to help them through the emancipation process.
What rights can’t by exercised by an emancipated minor?
Minors only obtain certain rights through emancipation, including those found in the Civil Code of Québec. For instance, they can sign contracts, live away from their parents, make a will, or sue someone. Emancipated minors can also obtain a driver’s licence without their parents’ permission. Fully emancipated minors are entitled to welfare payments, etc.
Emancipation has no effect on a minor’s rights under other laws. For example, emancipated minors do not have the right to vote, buy cigarettes or go to bars. Also, emancipated minors won’t be treated as adults in court, if they’re charged with a crime.