Quebec is the hardest province in Canada to recover pothole damage in — and you should know that before spending time on a claim. Under art. 604.1 of the Cities and Towns Act, municipalities are not liable for damage to a vehicle’s tires or suspension caused by the state of the roadway. That bars the most common pothole claims against cities outright. But the exclusion is precisely worded: damage to rims, wheels, steering, exhaust, or the body is not covered by it, and those claims remain possible — with a 15-day written notice and a 6-month limit to sue for property damage.
15 days — Cities and Towns Act (CQLR c. C-19), art. 585 — written notice to the municipality within 15 days for property damage claims. Miss it and the municipality can refuse the claim outright. Send written notice first, gather paperwork second.
Municipal roads: how to claim
Claims against a city or town start with written notice to the municipal clerk’s or claims office describing when, where, and what happened. Follow with photos, the repair invoice or two quotes, and any proof the pothole existed before your incident — such as its RoadRot report history.
Provincial highways
Damage on a numbered provincial highway is claimed against the Ministère des Transports du Québec (MTQ), not the municipality. The art. 604.1 immunity protects municipalities; claims for damage on numbered provincial routes go to the MTQ under its own claims process.
What the road authority will argue
The big one is art. 604.1 of the Cities and Towns Act (art. 1127.2 of the Municipal Code for smaller municipalities): no municipal liability for tire or suspension damage caused by road conditions. For damage outside that bar — rims, wheels, body, steering, injury — municipalities still argue they met their maintenance obligations and had no notice of the defect, and snow/ice conditions need proof of municipal fault. Montreal accepts material-damage claims within 15 days via its online claims form; the MTQ pays out only a small fraction of the pothole claims it receives, so evidence quality decides the outliers that win.
If the claim is denied
Denial letters are often boilerplate. You can escalate to small claims court (limit $15,000 in Quebec) for a modest filing fee. Bring the same evidence: photos, invoices, the report history, and your notice correspondence.
Build your evidence
- Photograph the pothole and the damage the same day, with location context.
- Report the pothole on RoadRot and via the city’s 311 channel — a timestamped public record.
- Check for earlier reports at that location; they prove the authority knew.
- Send written notice within 15 days, keeping a copy.
- Attach invoices or two repair quotes and file with the road owner.
Check the pothole’s public history before you file — prior reports are your best evidence. Browse pothole reports across Quebec by city, or the national city directory.