An act of death is a document establishing the death of a person. In Quebec, the Registrar of Civil Status draws up the act of death using information from the declaration of death and the attestation of death.

Like acts of birth, marriage, and civil union, acts of death are entered in the Register of Civil Status. This register is an immense database administered by the Government of Quebec and contains essential information about every Quebec resident.

An attestation of death is an official attestation of the death of a person. It is usually written up by a physician.

If no physician is available to draw up the attestation of death within a reasonable delay and it is evident that the person is dead, the attestation of death may be done by two police officers.

An attestation of death must indicate:

• the name and sex of the deceased;
  
• the place, date, and time of death;
  
• the code of the establishment where the death occurred;
  
• the name, status, address, signature, and date of signature of the person who drew up the attestation;
  
• the number of the licence held by the physician who drew up the attestation.

If the time or date of death is uncertain, the Registrar of Civil Status will decide on one based on the coroner’s report. If the place of death is unknown, the location where the body was found will be indicated instead in the attestation of death.

Once the physician has drawn up the attestation of death, she will give the person responsible for declaring the death (the deceased’s spouse or next of kin) a copy. Another copy of the attestation of death must be sent without delay to the Registrar of Civil Status, either by the physician or the funeral director who takes charge of the body.

A declaration of death is a document written by the deceased’s spouse, a close relative of the deceased, or, if these people are unavailable or do not exist, by a person who can identify the deceased.

A declaration of death contains all of the information regarding the place, date, and time of death, as well as the identity of the deceased, the identity of the deceased's spouse and the method of disposal of the body.

A declaration of death must indicate:

• the name and sex of the deceased;
  
• the place and date of the deceased’s birth, marriage or civil union if applicable;
  
• the place of registration of the deceased’s birth;
  
• the deceased’s last place of residence;
  
• the place, date, and time of death as determined by the physician and as contained in the attestation of death;
  
• the time, place, and mode of disposal of the deceased’s body;
  
• the names of the deceased’s mother and father and his or her spouse, if applicable.

The person drawing up the declaration (the declarant) and a witness must each sign the declaration of death. The declarant must send the declaration of death and a copy of the attestation of death to the Registrar of Civil Status without delay. In practice, the declaration of death is often drawn up together with the funeral director, who sends it to the Registrar of Civil Status.

If the declarant does not have all the information necessary for completing the declaration of death, he must nonetheless send the form to the Registrar of Civil Status, even if it is incomplete.

When the deceased cannot be identified, the person who attests the death must provide a description of the body and an account of the circumstances surrounding its discovery.

It is then up to the coroner to identify the body and to shed light on the circumstances surrounding the death. The Registrar of Civil Status will produce a declaration of death based on the coroner’s report and then use the declaration to draw up the act of death.

A missing person is presumed alive for seven years following the date of his or her disappearance. During this time, a tutor may be appointed to watch over the absentee’s property and affairs. After the expiration of the seven-year period, a declaratory judgment of death may be rendered.

When a person has been missing for seven years, a declaratory judgment of death may be pronounced upon the request of any interested person. A declaratory judgment may also be pronounced before the seven-year period elapses in cases where a person’s death can be considered certain and it is impossible to draw up an attestation of death.

The Registrar of Civil Status draws up the act of death according to the information contained in the declaratory judgment. The death must also be indicated on the act of birth, the act of marriage and the act of civil union, as the case may be.

For a death outside of Quebec to be entered in the Register of Civil Status of Quebec, a declaration of death must be completed and accompanied by the original death certificate issued by the province, state, or country where the death occured.

The original death certificate is often delivered several weeks or months following the death. However, if you want to register the death in Quebec, you must immediately complete the declaration of death and send it to the Registrar of Civil Status.

A death certificate:

• establishes the legality of the death;
  
• enables the succession to be settled;
  
• terminates various programs such as health insurance, automobile insurance, pensions, and social assistance;
  
• enables the determination of the date from which the surviving spouse is entitled to receive benefits, notably the Quebec pension plan.

To obtain a death certificate or a copy, you must contact the Registrar of Civil Status. You can send a request by mail, fax, the Internet, or by going directly to one of the offices of the Registrar of Civil Status. You can obtain a "Request for Certificate" form on the website of the Registrar of Civil Status.

The Registrar of Civil Status can issue the following documents:

• a copy of the act of death
  
  The copy of the act of death is a complete reproduction of the statements in the act, including any changes that may have been made. It may be delivered only to the people mentioned in the act and to others who can justify their interest.
  
  
• a death certificate
  
  The death certificate includes relevant information concerning the death. It can be sent to any person who requests it.
  
  
• an attestation of death
  
  The attestation determines the presence or absence in the register of an act of death or a statement related to the death. The information mentioned in the attestation will determine the people to whom it can be delivered, under the same conditions as the copy or the certificate.

The costs of these documents are available at the website of the Registrar of Civil Status.