C-81, r. 1 - Regulation respecting the application of the Public Curator Act

Updated to 26 June 2023

This document has official status.

chapter C-81, r. 1

Regulation respecting the application of the Public Curator Act

Public Curator Act

(chapter C-81, s. 68).

The amounts prescribed in the Regulation have been indexed as of 1 April 2023 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 4 March 2023, page 178. (Sch. II)

DIVISION I INFORMATION RESPECTING PERSONS TO BE REPRESENTED AND PROPERTY TO BE ADMINISTERED

1. For the application of section 14 of the Public Curator Act (chapter C-81), the executive director of a health or social services institution shall send to the Public Curator the following information and documents concerning a person of full age:

(1)  the name of the institution that is treating or providing services to the person of full age;

(2)  the medical and psychosocial assessments resulting from the examination of the person of full age, including the information provided for in sections 1.1 and 1.2;

(3)  the opinion of the executive director of the health or social services institution or, where applicable, of the director of professional services of the hospital centre, confirming the incapacity of the person of full age and need for representation.

O.C. 361-90, s. 1; O.C. 594-99, s. 1; O.C. 241-2022, s. 1.

1.1. The medical assessment report necessary for the institution of tutorship to a person of full age must contain

(1)  the identification of the person of full age, namely, the person’s name, commonly used name, if any, date of birth, gender, health insurance number, address, e-mail address, if any, and telephone number;

(2)  the circumstances giving rise to the application for assessment, the applicant’s name and relationship to the person of full age;

(3)  the date of the examinations conducted by the assessor, the date of the initial meeting with the person of full age, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number, date of consultation, and identification of the relevant documents consulted by the assessor and referred to in the report;

(4)  the diagnosis regarding the incapacity of the person of full age, the date thereof and the severity of the symptoms;

(5)  the relevant medical history of the person of full age, the relevant physical examination, intellectual and cognitive functions tests, the assessment of decision-making faculties with respect to the protection of his or her person and the administration of property, the relevant paraclinical examination and the risk assessment indicating the impact of the diagnosis respecting the inability to care of himself or herself or administer property;

(6)  the wishes and preferences of the person of full age concerning the application for the institution of tutorship, if any;

(7)  the opinion of the assessor regarding the nature of the incapacity of the person of full age;

(8)  the time limit recommended for the medical reassessment and the reasons in support thereof; and

(9)  the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor.

O.C. 241-2022, s. 1.

1.2. The psychosocial assessment report necessary for the institution of tutorship to a person of full age must contain

(1)  the identification of the person of full age, namely, the person’s name, commonly used name, if any, date of birth, gender, health insurance number, address, e-mail address, if any, telephone number, the name of each parent, the person’s legal status and, if applicable, the name of the Aboriginal community to which the person belongs, civil status and the name of the person’s spouse, if any;

(2)  the circumstances giving rise to the application for assessment, the applicant’s name and relationship to the person of full age;

(3)  the date of the examinations conducted by the assessor, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number, date of consultation and identification of the relevant documents consulted by the assessor and referred to in the assessor’s report;

(4)  a description of the living environment of the person of full age, the person’s needs and wishes and preferences with regard thereto;

(5)  where the person of full age has given a protection mandate, the information known in respect thereof, namely, its form, date, the identification of the notary, if any, the identification of the mandataries and replacement mandataries, the intention of the mandataries regarding the homologation of the mandate and the reasons for not homologating the mandate, where applicable;

(6)  if the protection mandate has been homologated, any known information establishing that it is incomplete or has not been faithfully carried out;

(7)  the identification of pending or future legal or administrative proceedings, if any, involving the person of full age and all information known in respect thereof;

(8)  the psychosocial situation of the person of full age in relation to the person’s incapacity and need for representation, namely, the aspect of the person’s psychosocial history pertaining to incapacity and need for representation, the composition and dynamics of the person’s family and social network, the social roles played by the person of full age, and a description of any abusive or exploitative situations that the person of full age is in or is suspected of being in;

(9)  the financial situation of the person of full age, namely, the composition of patrimony, if known, including principal sources of income, main recurring expenditures, assets and liabilities, the name of the administrator of the property and the relationship to the person of full age and the authority pursuant to which the administrator acts;

(10)  the assessment of the faculties of the person of full age as regards decision-making abilities, functional autonomy and ability to exercise civil rights including the right to choose the living environment and the people with whom the person associates, to enter into contracts to meet ordinary and usual needs, to administer the proceeds of work, to perform acts related to employment, craft or profession and to exercise the right to vote;

(11)  the names of the persons who wish to be designated as tutor and replacement tutor, as the case may be;

(12)  the names of the relatives, persons connected by marriage or a civil union, or friends of the person of full age who have been consulted and their respective opinions regarding the application for the institution of tutorship and the person proposed to act as a tutor or replacement tutor;

(13)  the opinion of the person of full age as regards faculties, the institution of a tutorship and the person proposed to act as a tutor or replacement tutor;

(14)  the identification of the persons to be called to a meeting of relatives, persons connected by marriage or a civil union, or friends, namely, each person’s name, relationship to the person of full age, address, e-mail address, if any, and telephone number;

(15)  the opinion of the assessor as regards the incapacity of the person of full age and need for representation, the nature of the tutorship, the terms and conditions thereof in light of faculties and as regards the persons wishing to be designated as a tutor or replacement tutor;

(16)  the identification of a relative to whom custody of the person of full age could be entrusted if the assessor recommends that the Public Curator should be designated as tutor;

(17)  the need to apply for provisional protective measures and the reasons for the application;

(18)  the time limit recommended for the psychosocial reassessment and the reasons in support thereof;

(19)  the identification of the special needs of the person of full age should it be necessary to interview the person;

(20)  the identification of the person responsible for the psychosocial follow-up of the person of full age, namely, the person’s name, profession, place of practice and telephone number; and

(21)  the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor. The report must also be accompanied by a copy of the birth certificate of the person of full age or, if none, a copy of other proof of identity.

O.C. 241-2022, s. 1.

1.3. The medical assessment report necessary for the release from or modification of the tutorship to a person of full age must contain

(1)  the identification of the person of full age, namely, the person’s name, commonly used name, if any, date of birth, gender, health insurance number, address, e-mail address, if any, telephone number, and the nature of the tutorship;

(2)  the circumstances giving rise to the application for assessment, the applicant’s name and relationship to the person of full age;

(3)  the date of each examination conducted by the assessor, the date of the initial meeting with the person of full age, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number, date of consultation and identification of the relevant documents consulted by the assessor and referred to in the assessor’s report;

(4)  the diagnosis regarding the incapacity of the person of full age, the date thereof and the severity of the symptoms;

(5)  the relevant medical history of the person of full age, the relevant physical examination, intellectual and cognitive functions tests, the assessment of decision-making faculties with respect to the protection of his or her person and the administration of property, the relevant paraclinical assessment and the risk assessment demonstrating the consequences of the diagnosis respecting the inability to care for himself or herself or administer property;

(6)  the wishes and preferences of the person of full age concerning reassessment, if any;

(7)  the opinion of the assessor regarding the nature of the incapacity of the person of full age, and recommendation concerning the release from or modification of the tutorship;

(8)  the new time limit recommended for a medical reassessment and the reasons in support thereof, where applicable; and

(9)  the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor.

O.C. 241-2022, s. 1.

1.4. The psychosocial assessment report necessary for the release from or the modification of the tutorship to a person of full age must contain

(1)  the identification of the person of full age, namely, the person’s name, commonly used name, if any, date of birth, gender, health insurance number, address, e-mail address, if any, telephone number, civil status and the name of the person’s spouse, if any;

(2)  the nature and terms and conditions of the tutorship and the identification of each tutor;

(3)  the circumstances giving rise to the application for reassessment, the applicant’s name and relationship to the person of full age;

(4)  the date of the examinations conducted by the assessor, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number and date of consultation and identification of the relevant documents consulted by the assessor and referred to in the assessor’s report;

(5)  the changes in the psychosocial situation of the person of full age that have an impact on the person’s incapacity or need for representation and a description of the social roles played by the person of full age;

(6)  a summary description of the financial situation of the person of full age;

(7)  the assessment of the faculties of the person of full age as regards decision-making abilities, functional autonomy and ability to exercise civil rights including the right to choose the living environment and the people with whom the person associates, to enter into contracts to meet ordinary and usual needs, to administer proceeds of work, to perform acts related to employment, craft or profession and to exercise the right to vote;

(8)  the opinion of the person of full age as regards faculties and the release from or modification of the tutorship;

(9)  the opinion of the tutor concerning the release from or modification of the tutorship;

(10)  the names of the relatives, persons connected by marriage or a civil union, or friends of the person of full age who have been consulted and their respective opinions concerning the release from or modification of the tutorship;

(11)  the identification of the persons to be called to a meeting of relatives, persons connected by marriage or a civil union, or friends, namely, each person’s name, relationship to the person of full age, address, e-mail address, if any, and telephone number;

(12)  the opinion of the assessor as regards the incapacity of the person of full age and need for representation, the release from or modification of the tutorship and, where applicable, the modifications recommended in light of the nature of the tutorship and the terms and conditions thereof in light of the faculties of the person of full age;

(13)  the new time limit recommended for the psychosocial reassessment and the reasons in support thereof, if any;

(14)  the identification of the special needs of the person of full age in the event that it is necessary to interview the person;

(15)  the identification of the person responsible for the psychosocial follow-up of the person of full age, namely, the person’s name, profession, place of practice and telephone number; and

(16)  the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor.

O.C. 241-2022, s. 1.

1.5. Where the medical or psychosocial assessor considers that only the time limit for reassessment of the person of full age must be modified, the assessor attests to that fact in a report indicating the time limit the assessor considers appropriate and the reasons in support of the modification.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor.

O.C. 241-2022, s. 1.

1.6. The medical assessment report necessary for the temporary representation of an incapable person of full age must contain

(1)  the identification of the person of full age, namely, the person’s name, commonly used, if any, date of birth, gender, health insurance number, address, e-mail address, if any, and telephone number;

(2)  the circumstances giving rise to the application for assessment, the applicant’s name and relationship to the person of full age;

(3)  a description of the act for which the person of full age needs to be temporarily represented;

(4)  the date of each examination conducted by the assessor and the date of the initial meeting with the person of full age, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number, date of consultation and identification of the relevant documents consulted by the assessor and referred to in the assessor’s report;

(5)  the diagnosis regarding the incapacity of the person of full age, the date thereof and the severity of the symptoms;

(6)  the relevant medical history of the person of full age, the relevant physical examination, intellectual and cognitive functions tests, the assessment of decision-making faculties with respect to the specific act and the relevant paraclinical assessment demonstrating the impact of the diagnosis concerning the person’s inability to perform the specific act;

(7)  the wishes and preferences of the person of full age concerning the application for temporary representation, if any;

(8)  the opinion of the assessor regarding the incapacity of the person of full age to perform the specific act; and

(9)  the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor.

O.C. 241-2022, s. 1.

1.7. The psychosocial assessment report necessary for temporary representation of the incapable person of full age must contain

(1)  the identification of the person of full age, namely, the person’s name, commonly used name, date of birth, gender, health insurance number, address, e-mail address, if any, telephone number, the names of the person’s parents, the person’s legal status and, if applicable, the name of the Aboriginal community to which the person belongs, civil status and, as the case may be, the name of the person’s spouse, if any;

(2)  the circumstances giving rise to the application for assessment, the applicant’s name and relationship to the person of full age;

(3)  a description of the act for which the person of full age needs temporary representation and the relevant information pertaining to the act;

(4)  the date of each examination conducted by the assessor, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number, date of consultation and identification of the relevant documents consulted by the assessor and referred to in the assessor’s report;

(5)  a summary description of the psychosocial situation of the person of full age;

(6)  a description of the need for temporary representation of the person of full age and the impact of the incapacity of the person of full age on accomplishment of the specific act;

(7)  the name of the person who wishes to be designated as the temporary representative and relationship to the person of full age;

(8)  the opinion of the person of full age concerning the application for temporary representation, the person proposed to act as the temporary representative, as well as the wishes and preferences of the person of full age concerning the act to be performed;

(9)  the names of the relatives, persons connected by marriage or a civil union, or friends of the person of full age who have been consulted and their respective opinions respecting the application for temporary representation and the person proposed to act as temporary representative;

(10)  the name of the relative, person connected by marriage or a civil union, or friend of the person of full age who would agree to receive the account of the temporary representative, where applicable;

(11)  the opinion of the assessor as regards the incapacity of the person of full age, the temporary and circumscribed nature of the need for representation and the person proposed to act as temporary representative;

(12)  the identification of the special needs of the person of full age in the event that it is necessary to interview the person;

(13)  the identification of the person responsible for the psychosocial follow-up of the person of full age, namely, the person’s name, profession, place of practice and telephone number; and

(14)  the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The report must be made on the form provided on the website of the Public Curator and signed and dated by the assessor. The report must also be accompanied by a copy of the birth certificate of the person of full age or, if none, a copy of other proof of identity.

O.C. 241-2022, s. 1.

2. (Revoked).

O.C. 361-90, s. 2; O.C. 594-99, s. 2; O.C. 584-2015, s. 10.

3. (Revoked).

O.C. 361-90, s. 3; O.C. 594-99, s. 3; O.C. 584-2015, s. 10.

4. (Revoked).

O.C. 361-90, s. 4; O.C. 594-99, s. 4.

DIVISION II ANNUAL ACCOUNT OF MANAGEMENT AND RENDERING OF ACCOUNTS

O.C. 361-90, Div. II; O.C. 241-2022, s. 2.

5. The annual account of management that a tutor is required to provide under section 20 of the Act must contain

(1)  the identification of the tutor, namely, the tutor’s name, address, telephone number and e-mail address, if any;

(2)  the identification of the minor or the person of full age by the file number of the Public Curator, name, address, civil status, date of birth and telephone number;

(3)  the 12-month reference period covered by the annual account of management;

(4)  a complete and accurate listing of all income, expenses, assets and liabilities that the tutor is responsible for administering or that comprise the patrimony being administered, including the following:

(a)  in the case of bank accounts or certificates of deposit, the account or certificate number and the name and address of the issuing financial institution;

(b)  in the case of liabilities, the name and address of the lender or creditor and, where applicable, the credit account number; and

(5)  the date on which the tutor submitted the annual account of management to the tutorship council.

The account of management must be submitted on the form provided on the website of the Public Curator, signed and dated by the tutor, and sufficiently detailed to allow the Public Curator to verify the accuracy thereof.

O.C. 361-90, s. 5; O.C. 241-2022, s. 3.

6. The account that the Public Curator must file under section 41 of the Act shall include the balance sheet established at the beginning and the end of the period of administration, a statement of receipts and disbursements and all the information required to establish the balance.

O.C. 361-90, s. 6; O.C. 594-99, s. 5; O.C. 584-2015, s. 10.

DIVISION II.1 RECOGNITION OF ASSISTANTS TO PERSONS OF FULL AGE

O.C. 594-99, s. 6; O.C. 241-2022, s. 4.

6.1. An application for the recognition of an assistant to a person of full age submitted to the Public Curator must include

(1)  the identification of the person of full agenamely, the person’s name, gender, date of birth, civil status, address, telephone number and e-mail address, if any;

(2)  the identification of the proposed assistant, namely, the assistant’s name, gender, date of birth, civil status, address, telephone number, e-mail address, if any, and relationship to the person of full age;

(3)  a description of the difficulties experienced by the person of full age;

(4)  where applicable, the wish of the person of full age that where 2 assistants are proposed, they should be required to act jointly;

(5)  the name and address of the spouse of the person of full age and the addresses of the person’s father, mother and children of full age or, failing that, of at least 2 persons who show a special interest in the person of full age, to the exclusion of any proposed assistant. In the latter case, the relationship of the person of full age to such persons must be indicated;

(6)  where applicable, the reasons for being unable to provide the contact information of at least 2 persons who are either from the family of the person of full age, or who show a special interest in the person, excluding any proposed assistant;

(7)  a summary description of the patrimony of the person of full age, namely, the person’s income, assets and liabilities;

(8)  where applicable, a conflict of interest declaration by the proposed assistant disclosing any situation that poses a potential, perceived or real conflict between the personal interests of the proposed assistant and those of the person of full age;

(9)  an undertaking by the proposed assistant to respect the privacy and personal information of the person of full age;

(10)  a statement by the person of full age to the effect that the person understands the scope of the application;

(11)  for the purpose of verifying if the proposed assistant has a criminal record:

(a)  date of birth;

(b)  address;

(c)  consent to a criminal records check;

(12)  the consent of the proposed assistant to disclosure of the day and month of the assistant’s date of birth to a third person for identification purposes if the proposed assistant acts as an intermediary between the third person and the person of full age;

(13)  a copy of 2 identity documents of the person of full age, one of which must contain a photo and have been issued by a government authority;

(14)  a copy of 2 identity documents of the proposed assistant, one of which must contain a photo and have been issued by a government authority; and

(15)  where applicable, proof that the proposed assistant is fully emancipated.

The application must be made on the form provided on the website of the Public Curator, signed and dated by the person of full age or the proposed assistant or both, as the case may be.

Where an application is submitted to the Public Curator by a certified advocate or notary, it must include the minutes of operations and conclusions and all supporting documents and must be sent to the Public Curator on the technology-based tool provided for that purpose on the website of the Public Curator. Despite the first paragraph, the application need not be accompanied by a copy of the documents mentioned in subparagraphs 13 and 14 of that paragraph.

O.C. 594-99, s. 6; O.C. 203-2000, s. 1; O.C. 584-2015, s. 10; O.C. 241-2022, s. 4.

6.2. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

6.3. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

6.4. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

DIVISION II.2

(Replaced)

O.C. 594-99, s. 6; O.C. 241-2022, s. 4.

6.5. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

DIVISION II.3

(Replaced)

O.C. 203-2000, s. 2; O.C. 241-2022, s. 4.

6.6. (Revoked).

O.C. 203-2000, s. 2; O.C. 584-2015, s. 10.

DIVISION III REGISTERS OF THE PUBLIC CURATOR

7. The following information shall be entered on the registers prescribed in section 54 of the Act:

(1)  for the register of tutorship to minors:

(a)  the file number of the Public Curator;

(b)  the name of the tutor or tutors;

(c)  the provision in a will, a statement, protection mandate or a judgment, if applicable, appointing the tutor or tutors;

(d)  the name of the minor;

(2)  for the register of tutorships to persons of full age:

(a)  the file number of the Public Curator;

(b)  the name of the tutor or tutors;

(b.1)  the nature of the tutorship;

(c)  (subparagraph repealed);

(d)  the date and number of the judgment of appointment of the tutor or tutors;

(e)  the name of the person of full age;

(f)  any change in the tutorship and the date of such change;

(g)  if applicable, a mention to the effect that the court has modified or clarified the rules concerning the capacity of the person of full age under tutorship;

(3)  (paragraph revoked);

(4)  for the register of homologated protection mandates :

(a)  the file number of the Public Curator;

(b)  the name of the mandator;

(c)  the name of the mandatary or mandataries;

(d)  the date of the mandate;

(e)  the type of mandate;

(f)  the date and number of the judgment of homologation;

(g)  the date of the end of the mandate, if stipulated;

(h)  the date and number of the judgment of revocation of the mandate or the judgment replacing the mandatary or mandataries or the date of acceptance of office by the replacement mandatary, where applicable;

(5)  for the register of authorizations for the temporary representation of an incapable person of full age:

(a)  the file number of the Public Curator;

(b)  the name of the person of full age;

(c)  the name of the temporary representative or representatives;

(d)  the date and number of the judgment authorizing the temporary representation;

(e)  the date, if known, of termination of the temporary representation;

(6)  for the register of assistants to persons of full age:

(a)  the file number of the Public Curator;

(b)  the name of the assistant or assistants;

(c)  the beginning and end dates of the recognition of the assistant or assistants; and

(d)  where 2 assistants are recognized, whether the exercise of their office is joint or otherwise.

O.C. 361-90, s. 7; O.C. 594-99, s. 7; O.C. 787-2004, s. 1; O.C. 584-2015, s. 10; I.N. 2016-01-01 (NCCP); O.C. 241-2022, s. 5; S.Q. 2020, c. 11, s. 234.

7.1. The register of tutorships to minors, the register of tutorships to persons of full age, the register of homologated protection mandates and the register of authorizations for temporary representation may be consulted remotely, by telephone or by any technological means made available by the Public Curator.

The registers may be consulted on the following cumulative search criteria:

(1)  the name of the minor or person of full age;

(2)  the date of birth of the minor or person of full age.

O.C. 594-99, s. 8; O.C. 787-2004, s. 2; O.C. 584-2015, s. 10; O.C. 241-2022, s. 6.

7.2. The register of assistants to persons of full age may be consulted remotely, by telephone or by any technological means made available by the Public Curator.

The register may be consulted on the following cumulative search criteria:

(1)  the name of the assistant or assistants;

(2)  the file number of the Public Curator.

A third person who consults the register may access a secure interface containing the name of the person of full age and the day and month of the date of birth of the assistant by correctly answering a security question provided by the assistant.

O.C. 241-2022, s. 6.

DIVISION IV FINANCING

8. The tariff of fees which the Public Curator may charge for the protection and representation of a person, the administration of a person’s property and the administration of property entrusted to the Public Curator is established in Schedule II.

O.C. 361-90, s. 8; O.C. 203-2000, s. 3; O.C. 787-2004, s. 3.

9. The Public Curator may charge, for the management of common trust funds whose portfolios are made up of fixed income investments maturing in less than 2 years, an amount corresponding to 1.5% per year of the average assets under administration, payable monthly. The fees may not, however, exceed the rate of return of the funds.

He may charge, for the management of all the other common trust funds, an amount corresponding to 1.5% per year of the average assets under administration, payable monthly.

O.C. 361-90, s. 9; O.C. 594-99, s. 9; O.C. 203-2000, s. 4; O.C. 787-2004, s. 4; O.C. 1212-2011, s. 1.

10. The period of reference for the establishment of the average assets under management shall be within the quarter in which the fees are calculated.

O.C. 361-90, s. 10; O.C. 594-99, s. 10.

11. (Revoked).

O.C. 361-90, s. 11; O.C. 594-99, s. 11.

12. (Revoked).

O.C. 361-90, s. 12; O.C. 594-99, s. 11.

13. The interest rate referred to in section 57 of the Act shall be calculated on the first day of each quarter as follows:

(1)  by establishing the simple arithmetic average of the basic rate for bank loans to firms published by the Bank of Canada on the last Wednesday of each month included in the 3-month period ending the second month of the previous quarter;

(2)  by rounding off the results obtained in paragraph 1 to the nearest whole unit, and a half to the whole unit preceding it;

(3)  by adding 2% to the results obtained in paragraph 2.

O.C. 361-90, s. 13.

DIVISION V MAIN PLACE WHERE THE PUBLIC CURATOR SHALL PERFORM HIS DUTIES

O.C. 361-90, Div. V; O.C. 602-92, s. 1.

14. The main place where the Public Curator shall perform his duties is 1832-500, rue Sherbrooke Ouest, Montréal, H3A 0J2.

O.C. 361-90, s. 14; O.C. 602-92, s. 1; O.C. 1212-2011, s. 2; O.C. 715-2023, s. 1.

DIVISION VI FINAL

15. (Omitted).

O.C. 361-90, s. 15.

16. (Omitted).

O.C. 361-90, s. 16.

SCHEDULE I

(Revoked).

O.C. 361-90, Sch. I; O.C. 488-2002, s. 1; O.C. 241-2022, s. 7.

SCHEDULE I.1

(Revoked)

O.C. 594-99, Sch. I.1; O.C. 594-99; O.C. 203-2000, s. 5; O.C. 584-2015, s. 10.

SCHEDULE II

(s. 8)

FEES OF THE PUBLIC CURATOR

CHAPTER I

PERSONS REPRESENTED

(1) The fees that the Public Curator may, as applicant, charge for activities relating to the institution of tutorship to a person of full age are established as follows and payable at the latest at the end of the tutorship, if public tutorship is instituted, or on the rendering of the judgment, if private tutorship is instituted:

— on 1 April 2023: $2,341.

(2) The fees that the Public Curator may charge for activities relating to the protection of a person are established as follows:

— on 1 April 2023: $1,173 per year.

That sum is payable only after the death of the person represented if the death occurs while the person is under public tutorship.

(3) The fees that the Public Curator may charge in relation to the administration of property entrusted to the Public Curator are as follows:

(1) for the collection of information for the purposes of an inventory of the property of the person represented

(a) within the scope of an internal investigation: $1,295;

(b) within the scope of an external investigation requiring travel: $1,295, to which a fee of $106 per hour is added after the first 12 hours;

(c) for any other mandate carried out by an investigator: $106 per hour;

(2) for the planning of the initial administration of the patrimony:

(a) by a technician: $616 per file;

(b) by a professional: $1,230 per file;

(3) for the planning and administration of the annual budget and the administration of movables:

— on 1 April 2023: $500 per year;

(4) for the recovery of a hypothecary loan or other receivable:

— on 1 April 2023: $568 per year;

(5) for the payment of a hypothecary loan or other debt: $111 per year;

(6) for the alienation of a movable other than a security, for the purchase or sale of a motor vehicle: 25% of the transaction value, up to a maximum amount of $1,000 per transaction;

(7) for the establishment of the Public Curator’s authority on every immovable entrusted to the administration of the Public Curator: $646;

(8) for the administration of

(a) land: $94 per year;

(b) residential immovables: $777 per year;

(c) rental residential immovables having less than 4 dwellings: $2,738 per year;

(d) rental residential immovables having 4 dwellings or more or any other immovable and management of a commercial enterprise or other: $3,786 per year;

(9) for the preparation and supervision of the sale of immovables: 25% of the transaction value, up to a maximum amount of $2,500 per transaction;

(10) for the administration of insurance: $76 per policy, per year;

(11) for the filing of a fiscal return: $36 per return;

(12) for the administration of investments other than those referred to in section 9 of the Regulation

(a) for cash on hand with brokers and any deposit certificate: 0.25% per year;

(b) for shares and mutual funds: 1% per year;

(c) for bonds, RRSPs and other related tax schemes: 0.50% per year;

each percentage being calculated monthly based on the average assets;

(13) for the rendering of an account and transfer during the lifetime of the person represented:

— on 1 April 2023: $644;

(14) for the rendering of an account and transfer after the death of the person represented:

— on 1 April 2023: $2,577;

(15) for an intervention of a legal nature:

(a) examine and comment a legal document or any new judicial proceedings: $308;

(b) initiate and follow judicial proceedings by a trustee: $146 per hour;

(c) appoint independent jurists: $431;

(d) negotiate an agreement, intervene or act before any administrative or judicial proceeding: $186 per hour;

(e) prepare and write a formal notice: $247;

(16) (a) for the settlement of a succession in favour of the person represented: $1,480 per file;

(b) for the settlement of a succession involving a commercial enterprise, immovable property, financial abuse or partition of the family patrimony or matrimonial regime: $2,094 per file;

(17) for the liquidation of a succession: $146 per hour.

CHAPTER II

(Revoked)

(4) (paragraph revoked).

(5) (paragraph revoked).

CHAPTER III

GENERAL

(6) The hourly rate or lump-sum fees are indexed on 1 April of each year according to the rate corresponding to the annual change in the average all-items Consumer Price Index for Québec excluding alcoholic beverages, tobacco products and recreational cannabis for the 12-month period ending on 31 December of the preceding year.

The fees, adjusted in the prescribed manner, shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50. The indexed fees shall be published by the Public Curator in Part 1 of the Gazette officielle du Québec.

(7) The Public Curator may charge, for each copy requested under section 52 of the Act, the tariff provided for in the Regulation respecting fees for the transcription, reproduction or transmission of documents or personal information (chapter A-2.1, r. 3).

O.C. 361-90, Sch. II; O.C. 203-2000, s. 6; O.C. 787-2004, s. 5; O.C. 1212-2011, ss. 3 and 4; O.C. 584-2015, s. 10; S.Q. 2020, c. 5, s. 214; S.Q. 2020, c. 11, s. 235.

TRANSITIONAL

2022

(O.C. 241-2022) SECTION 8. To ensure conformity with the requirements of sections 1.1 and 1.2 of the Regulation respecting the application of the Public Curator Act, enacted by section 1 of this Regulation, the medical and psychosocial assessment reports submitted in support of an application for the institution of protective supervision pending on 1 November 2022 must be accompanied by

(1) an additional medical assessment report containing

(a) the identification of the person of full age, namely, the person’s name, commonly used name, if any, date of birth, gender, health insurance number, address, e-mail address, if any, and telephone number;

(b) the time limit recommended for the medical reassessment and the reasons in support thereof; and

(c) the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number; and

(2) an additional psychosocial assessment report containing the following information:

(a) the identification of the person of full age, namely the person’s name, commonly used name, if any, date of birth, gender, health insurance number, address, e-mail address, if any, and telephone number;

(b) the date of each examination conducted by the assessor, the identification of each person consulted, namely, the person’s name, relationship to the person of full age, telephone number, date of consultation and identification of the relevant documents consulted by the assessor and referred to in the assessor’s report;

(c) the assessment of the person of full age concerning the ability to exercise civil rights, including the right to choose the living environment and the people with whom the person associates, to enter into contracts to meet ordinary and usual needs, to administer the proceeds of work, to perform acts related to employment, craft or profession and to exercise the right to vote;

(d) where applicable, the names of the persons who wish to be designated as replacement tutors and the names and the opinion of the relatives, persons connected by marriage or a civil union, or friends of the person of full age who have been consulted on the designation;

(e) the opinion of the person of full age as regards the faculties of the person of full age and the person proposed to act as replacement tutor;

(f) the opinion of the assessor concerning the terms and conditions of the tutorship in light of the faculties of the person of full age and concerning the persons who wish to be designated as replacement tutor;

(g) the opinion of the person of full age and that of the assessor concerning the appointmentof both parents of the person of full age as tutor to the person, where applicable;

(h) the identification of a relative to whom custody of the person of full age could be entrusted if the assessor recommends that the Public Curator be designated as tutor;

(i) the time limit recommended for the psychosocial reassessment and the reasons in support thereof;

(j) the identification of the person responsible for the psychosocial follow-up of the person of full age, namely, the person’s name, profession, place of practice and telephone number;

(k) the identification of the assessor, namely, the assessor’s name, professional permit number, professional address, e-mail address and telephone number.

The additional reports must be provided on the forms available on the website of the Public Curator and signed and dated by the assessor.

REFERENCES

O.C. 361-90, 1990 G.O. 2, 633

O.C. 602-92, 1992 G.O. 2, 2524

O.C. 594-99, 1999 G.O. 2, 1583

O.C. 203-2000, 2000 G.O. 2, 1292

O.C. 488-2002, 2002 G.O. 2, 2287

S.Q. 2002, c. 45, s. 536

O.C. 787-2004, 2004 G.O. 2, 2563

O.C. 1212-2011, 2011 G.O. 2, 3665

O.C. 584-2015, 2015 G.O. 2, 1386

S.Q. 2020, c. 5, s. 214

O.C. 241-2022, 2022 G.O. 2, 895

S.Q. 2020, c. 11, ss. 234 and 235

O.C. 715-2023, 2023 G.O. 2, 752