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  6. Protection granted to the debtor and its limits

Protection granted to the debtor and its limits

As the debtor, for as long as you comply with your undertaking your creditors will not be able to seize your property or income or sue you, and prescription of their right of action against you is suspended.

However, voluntary deposit does not protect you against:

  • imprisonment (if you fail to pay a fine);
  • suspension of your driver’s licence;
  • any other consequences of failing to pay your debts.

In addition, the protection provided by the voluntary deposit procedure applies only in Québec. A debtor’s property outside Québec is not protected.


Voluntary deposit does not provide protection for a person who has offered to act as a surety or who has warrantor for the debtor’s debts. Such a person may also, if applicable, register for voluntary deposit and make the necessary payments.

Dismissal or suspension

If an employer, contracting party or third person substantially changes or ends a contractual relationship with the debtor, the onus is on that person to prove that they did not do so because the debtor resorted to voluntary deposit.

An employer, contracting party or third person who is unable to offer proof may be required to pay damages.

Last update: February 23, 2023


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