C-25.01 - Code of Civil Procedure

Section 394 Disposition versions

2022-11-01

394. An application pertaining to any of the following must be notified to the Public Curator together with the exhibits in support of it:

(1)  tutorship to a person of full age;

(2)  tutorship to an absentee;

(3)  temporary representation of an incapable person of full age;

(4)  assistance to a person of full age;

(5)  a protection mandate, except an application for a judicial authorization;

(6)  tutorship to a minor, except an application relating to suppletive tutorship where the value of the minor’s property does not exceed $40,000; or

(7)  the emancipation of a minor.

In any such case, the proceeding is stayed until proof of notification is received by the court office.

The Public Curator, on the Public Curator’s own initiative and without notice, may take part in the trial of any such application.

2014, c. 1, a. 394; 2017, c. 12, s. 45; 2020, c. 11, s. 110.

2017-06-16

394. All applications relating to the institution or review of tutorship to a minor, except applications relating to suppletive tutorship where the value of the minor’s property does not exceed $25,000, the emancipation of a minor or protective supervision for a person of full age, the replacement of the tutor or curator to a minor or to a person of full age under protective supervision or the replacement of the tutor to an absentee and all applications relating to the homologation or revocation of a protection mandate must be notified to the Public Curator together with the exhibits in support of the application. The proceeding is stayed until proof of notification is received by the court office.

The Public Curator, on the Public Curator’s own initiative and without notice, may take part in the trial of any such application.

2014, c. 1, a. 394; 2017, c. 12, s. 45.

2016-01-01

394. All applications relating to the institution or review of tutorship to a minor, the emancipation of a minor or protective supervision for a person of full age, the replacement of the tutor or curator to a minor or to a person of full age under protective supervision or the replacement of the tutor to an absentee and all applications relating to the homologation or revocation of a protection mandate must be notified to the Public Curator together with the exhibits in support of the application. The proceeding is stayed until proof of notification is received by the court office.

The Public Curator, on the Public Curator’s own initiative and without notice, may take part in the trial of any such application.

2014, c. 1, a. 394.