C-81 - Public Curator Act

Updated to 1 June 1999

This document has official status.

chapter C-81

Public Curator Act

CHAPTER I ADMINISTRATIVE ORGANIZATION

1. The Government shall appoint a person to act as Public Curator.

1989, c. 54, s. 1.

2. The term of office of the Public Curator is five years; he remains in office at the expiry of his term until he is reappointed or replaced.

1989, c. 54, s. 2.

3. The Public Curator may resign at any time by giving written notice to the Minister of Relations with the Citizens and Immigration.

The Public Curator cannot be dismissed except for cause.

1989, c. 54, s. 3; 1996, c. 21, s. 45.

4. The Government shall fix the remuneration, social benefits and the other conditions of employment of the Public Curator.

1989, c. 54, s. 4.

5. The Public Curator shall attend exclusively to his duties of office and shall hold no other office, responsibilities or employment without the authorization of the Government.

1989, c. 54, s. 5.

6. The Public Curator shall, before taking office, make an oath or solemn affirmation as follows:

“I, (...) swear (or solemnly declare) that I will faithfully and honestly perform every duty and exercise every power assigned to or conferred upon the Public Curator, to the best of my capacity and knowledge. I also swear (or solemnly declare) that I will not reveal or disclose, unless expressly authorized, anything that may come to my knowledge by reason of my office”.

The Public Curator shall carry out this requirement before the chief judge of the Court of Québec, and the writing verifying the oath or solemn affirmation shall be transmitted to the Minister of Justice.

1989, c. 54, s. 6.

7. The Public Curator shall designate one or several persons from among the members of his personnel to replace him in his absence. He may also delegate part of his powers to them so that they may assist him with his duties.

Both such designation and such delegation must be in writing. The instruments of designation and delegation must be published in the Gazette officielle du Québec but take effect upon being signed by the Public Curator.

1989, c. 54, s. 7.

8. Where the office of Public Curator is vacant or the Public Curator is unable to act, the Government shall designate a person to carry on the duties of Public Curator for the time being.

The Government shall, where required, fix the salary, additional salary, fees and allowances of the person designated.

1989, c. 54, s. 8.

9. The members of the personnel of the Public Curator shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

The Public Curator has in respect of his personnel the powers of chief executive officer of an agency within the meaning of the Public Service Act.

1989, c. 54, s. 9.

10. The members of the personnel of the Public Curator are subject to the same legal restrictions as apply to the Public Curator regarding property subject to his administration.

1989, c. 54, s. 10.

11. The Public Curator may, in writing and to the extent he indicates, authorize a natural or legal person, other than a member of his personnel, to carry out any duties necessary or useful for the administration of this Act.

The authorization must be signed by the Public Curator or, on his behalf, by a person authorized by him therefor; the authorization may be revoked in the same manner at any time.

1989, c. 54, s. 11.

CHAPTER II POWERS

DIVISION I GENERAL PROVISIONS

12. The Public Curator has the powers conferred on him by the Civil Code of Québec, this Act or any other Act.

The Public Curator is responsible, in particular, for

(1)  supervision of the administration of tutorships and curatorships to minors and to persons of full age, and of curatorships to property of absentees;

(2)  tutorships, curatorships or other duties related to the administration of the property of others, where such duties are assigned to him by a court;

(3)  tutorship to property of minors and tutorship or curatorship to persons of full age under protective supervision who are not already provided with a tutor or a curator.

1989, c. 54, s. 12.

DIVISION II INTERVENTIONS PERTAINING TO PROTECTIVE SUPERVISION

13. The Public Curator may intervene in any proceedings pertaining

(1)  to the institution of protective supervision of a person of full age,

(2)  to the homologation or revocation of a mandate given by any person in anticipation of his incapacity,

(3)  to the physical integrity of a person of full age unable to give consent who is not already provided with a tutor, curator or mandatary,

(4)  to the replacement of the tutor or curator of a minor or of a person of full age who is under protection or of the curator to property of an absentee.

1989, c. 54, s. 13; 1992, c. 57, s. 552.

14. The Public Curator, upon receiving a report from the executive director of an institution governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5) setting forth the inability of a person of full age to care for himself or to administer his property, may take, within a reasonable time, any appropriate measure including the calling of a meeting of relatives, relatives by marriage or friends of the person of full age, in order to establish his condition, the nature and extent of his needs and faculties and his other circumstances. The Public Curator, where he believes it expedient to institute protective supervision, may transmit his recommendation to the prothonotary with a statement of the measures he has taken, and propose a person able to assist or represent the person of full age and who consents to do so. He shall then file the report of disability in the office of the court and notify the persons qualified to apply for the institution of protective supervision that the report has been filed.

1989, c. 54, s. 14; 1992, c. 21, s. 143, s. 375; 1994, c. 23, s. 23; 1997, c. 75, s. 44.

DIVISION III REPRESENTATION AND DELEGATION

15. In exercising a tutorship or curatorship, the Public Curator shall seek a tutor or a curator to replace him and, where applicable, may assist a person in obtaining appointment as such.

The Public Curator may take any necessary or useful measure in seeking a tutor or curator and, in particular, call a meeting of relatives, relatives by marriage or friends of the disabled person.

1989, c. 54, s. 15.

16. (Repealed).

1989, c. 54, s. 16; 1992, c. 21, s. 144, s. 375; 1992, c. 57, s. 553.

17. The person to whom the performance of certain duties of tutorship or curatorship to a person of full age is delegated must, so far as possible, maintain a personal relationship with the person of full age, obtain his opinion, where applicable, and keep him informed of the decisions taken in his regard.

1989, c. 54, s. 17; 1992, c. 57, s. 554.

18. To the extent that article 258 of the Civil Code is not applicable to a person who is in Québec without being domiciled there, the court may designate the Public Curator to act temporarily as curator, tutor or adviser until the person is taken in charge in accordance with the laws of his domicile.

1989, c. 54, s. 18; 1992, c. 57, s. 555.

19. Where a person who is represented by the Public Curator or whose property is administered by the Public Curator no longer ordinarily resides in Québec, the Public Curator may apply to the court to be relieved of the office of tutor or curator.

The court shall grant the application only where the Public Curator proves that the person concerned is legally represented in accordance with the laws of his usual place of residence.

1989, c. 54, s. 19.

DIVISION IV SUPERVISION

20. The Public Curator, in exercising his powers of supervision over the administration of tutorships and curatorships, shall inform any tutor or curator who so requires of the manner of fulfilling his obligations.

Tutors and curators shall transmit to the Public Curator, within six months of the institution of tutorship or curatorship, a copy of the inventory of the property entrusted to their administration, made in accordance with Title VII of Book IV of the Civil Code of Québec respecting the administration of the property of others; they shall also transmit an annual report of their administration, a copy of the periodic report on the assessment of disability of the person of full age at the end of each year in which it must be made, and a copy of their rendering of accounts.

1989, c. 54, s. 20.

21. The Public Curator may require that the books and accounts relating to property administered by a tutor or curator be examined by an accountant if the value of the administered property exceeds $100,000, or if there is a serious ground to believe that the person represented may suffer damage by reason of the administration of the tutor or curator.

1989, c. 54, s. 21.

22. The Public Curator may apply for the replacement of a tutor or curator on the grounds set out in the Civil Code or where the annual account of the tutor or curator or an inquiry held by the Public Curator gives serious reason to believe that the person represented may suffer damage by reason of the failure of the tutor or curator to perform his duties, or of his performing them improperly. He may also apply for the revocation of any mandate for the eventuality of the inability of the mandator if the mandate is not faithfully carried out, or for any other serious cause.

Where the court so orders, the Public Curator shall, during proceedings, exercise tutorship or curatorship or, where revocation of the mandate is applied for, ensure the protection of the disabled person or the administration of his property.

1989, c. 54, s. 22.

23. The Public Curator, instead of applying for the replacement of a tutor or curator or the revocation of a mandate, may accept, according to the terms and conditions he indicates, any voluntary undertaking by the representative or mandatary to remedy his default, if any, and, to fulfil thenceforth, the obligations inherent in his office which he has failed to perform or has performed improperly.

1989, c. 54, s. 23.

DIVISION V PROVISIONAL ADMINISTRATION OF PROPERTY

24. The Public Curator shall assume provisional administration of the following property:

(1)  the property of an absentee unless the court designates another administrator;

(2)  the property found on the body of an unknown person or on an unclaimed body, subject to the Act respecting the determination of the causes and circumstances of death (chapter R-0.2);

(3)  property situated in Québec whose owners, assigns or heirs or successors are unknown or untraceable, or which such persons have renounced;

(4)  sums of money intended to pay interest and to repay bonds or other evidences of indebtedness except those issued, secured or assumed by the Government or secured by the transfer of an undertaking of the Government, when those sums of money are not claimed within three years following their maturity;

(5)  the proceeds of an insurance policy on the life of a person the beneficiary of which is unknown or untraceable;

(6)  the property abandoned by a dissolved legal person, until a liquidator is appointed or until the Public Curator personally acts in that capacity;

(7)  property entrusted to an administrator of the property of others and abandoned by him until another administrator is appointed;

(8)  property without an owner and property that devolves to the State by failure of heirs or by final forfeiture, except property referred to in Division III.2 of the Act respecting the Ministère de la Justice (chapter M-19).

Effects deposited in the offices of the courts of criminal jurisdiction which are not claimed within one year of the final judgment or of the discontinuance of the proceedings are deemed property without an owner.

Property described in subparagraphs 1 to 6 devolves to the State 10 years after the beginning of the provisional administration of the Public Curator, 10 years after the opening of a succession or upon renunciation by the owners, as the case may be.

1989, c. 54, s. 24; 1992, c. 57, s. 556; 1994, c. 29, s. 1; 1996, c. 64, s. 3.

25. The Public Curator has the simple administration of the property of which he is provisional administrator without being required to keep it in kind unless otherwise provided by law.

1989, c. 54, s. 25.

26. Every holder of moneys intended to pay interest and to repay bonds or other evidences of indebtedness which have not been claimed within three years from maturity must immediately make a declaration to that effect to the Public Curator and, at the same time, remit to him the moneys he holds.

The same rules applies to every insurer who has issued an insurance policy on the life of a person of which the beneficiary is unknown or untraceable, and to every person in possession of such a policy, as regards the proceeds of the policy held by them.

1989, c. 54, s. 26.

DIVISION VI INQUIRY

27. The Public Curator may, of his own initiative or on request, hold an inquiry relating to the persons he represents, the property he administers or that should be entrusted to his administration and, generally, to any person under protective supervision; he may, in the same manner, hold an inquiry relating to any person who is unable whose care or the administration of whose property have been entrusted to a mandatary.

The Public Curator and any person authorized by him to hold an inquiry have the powers and immunity conferred on commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1989, c. 54, s. 27.

28. Notwithstanding section 19 of the Act respecting health services and social services (chapter S-4.2) and section 7 of the Act respecting health services and social services for Cree Native persons (chapter S-5), the Public Curator or any person authorized by him may, at any reasonable time or at any time in case of urgency, enter a facility maintained by an institution governed, as the case may be, by either of those Acts to consult, on the premises, the record of the case of a person who is unable or a protected person and make copies of the record. The person authorized by the Public Curator shall, on request, identify himself and produce a certificate of his authorization.

The institution shall send a copy of the record to the Public Curator on request.

1989, c. 54, s. 28; 1992, c. 21, s. 145, s. 375; 1994, c. 23, s. 23.

CHAPTER III ADMINISTRATION

DIVISION I GENERAL RULES GOVERNING ADMINISTRATION

29. Upon being entrusted with the administration of property, the Public Curator, as the administrator of the property of others, shall make an inventory in accordance with Title VII of Book IV of the Civil Code of Québec respecting the administration of the property of others.

The inventory shall be made in a private writing; one of the witnesses shall, where possible, be a member of the family, a relative or a person connected with the owner of the property.

1989, c. 54, s. 29; 1992, c. 57, s. 557.

30. The Public Curator has the simple administration of the property entrusted to him unless the law provides otherwise.

1989, c. 54, s. 30.

31. The Public Curator must register against every immovable entrusted to his administration a notice stating his capacity of administrator. The registrar is bound to inform the Public Curator of every subsequent registration.

The cancellation of such notice shall be made upon registration of a certificate of the Public Curator attesting that he has terminated his administration of such immovable.

1989, c. 54, s. 31.

32. When the Public Curator acts as provisional administrator of property, except property referred to in subparagraph 8 of the first paragraph of section 24, he shall promptly make known his quality, by notice published once in the Gazette officielle du Québec and in a French language newspaper and an English language newspaper circulated in the locality where the property was situated at the time he became the administrator thereof.

1989, c. 54, s. 32.

33. The property of which the administration is entrusted to the Public Curator must not be commingled with that of the State.

1989, c. 54, s. 33.

DIVISION II SPECIAL RULES GOVERNING ADMINISTRATION

34. Where the rules of administration of the property of others provide that the person represented shall or may give his consent to an act, obtain advice or be consulted, the person having parental authority or the spouse or, where both persons fail or are unable to act, a close relative or any person showing a special interest in the person represented shall act on his behalf. In any other case, the authorization of the court shall be required.

The Public Curator may apply to the court for a review of the decision made by the person authorized to decide on behalf of the minor or the person of full age under tutorship or curatorship within 10 days from the day on which the Public Curator is notified of the decision.

1989, c. 54, s. 34; 1992, c. 57, s. 558.

35. The Public Curator may borrow, without authorization of the court, on the security of the property included in the patrimony he administers, the sums necessary to maintain an immovable in good repair and to discharge the encumbrances affecting it.

1989, c. 54, s. 35.

36. The Public Curator may, without authorization of the court, demand partition, take part therein or transact if the value of the concessions made by him, if any, does not exceed $5,000.

1989, c. 54, s. 36.

37. In the case of the sale by the Public Curator of property referred to in section 24 of this Act, authorization of the court is not required unless the value of the property exceeds $25 000.

To determine the value of an immovable for the purposes of this section, the value entered on the assessment roll of the municipality is multiplied by the factor established for that roll by the Minister of Municipal Affairs under the Act respecting municipal taxation (chapter F-2.1).

1989, c. 54, s. 37.

38. For the performance of the acts described in sections 35 to 37 of this Act, the Public Curator is not required to comply with the formalities prescribed in articles 1303 and 1305 of the Civil Code or in section 34 of this Act.

Authorizations of the court provided for in this division shall be obtained in accordance with the rules prescribed in the Code of Civil Procedure (chapter C-25) in respect of non-contentious matters.

1989, c. 54, s. 38; 1992, c. 57, s. 559.

39. During his administration, the Public Curator must, once each year, at the request of a minor or a person of full age who is represented, a close relative or a person showing a special interest in the minor or person of full age, render a summary account of his administration.

In no case shall the Public Curator be required to provide security.

1989, c. 54, s. 39; 1992, c. 57, s. 560.

DIVISION III END OF ADMINISTRATION

40. The administration of the Public Curator shall cease by operation of law when

(1)  he is notified that tutorship, curatorship or the liquidation ceases or a judgment orders the appointment of another tutor, curator or liquidator;

(2)  an absentee returns, a tutor is appointed to his property or a judgment declares him dead;

(3)  an heir, an unknown or untraceable owner or the holder of any evidence of indebtedness referred to in subparagraph 4 of the first paragraph of section 24 appears within 10 years from the beginning of his administration;

(4)  the beneficiary of the proceeds of a life insurance policy appears within 10 years from the beginning of possession of the proceeds of the insurance policy by the Public Curator;

(5)  the property belonging to the State is entrusted to the Minister of Finance.

The Public Curator has the full administration of property belonging to the State from the date on which the State becomes the owner of the property.

The person who appears shall establish his quality.

1989, c. 54, s. 40; 1992, c. 57, s. 561; 1994, c. 29, s. 2.

41. The Public Curator shall account for his administration when it terminates.

1989, c. 54, s. 41.

42. The Public Curator shall continue his administration after the death of the person he represents or whose property he administers until he is notified, by registered or certified mail, that the testamentary executor accepts his duties or, failing a testamentary executor, the heirs accept the succession. Failing notification of such acceptance within ten years from the opening of the succession, the succession devolves on the State.

The Public Curator shall, where required, take any measures necessary for the interment or cremation of the body of the deceased person, at the expense of the succession and with respect for the religious principles of the deceased person.

1989, c. 54, s. 42.

DIVISION IV ADMINISTERED PATRIMONY

43. The Public Curator shall maintain a separate administration and accounting in respect of each patrimony of which he has the administration. He shall be liable for the debts relating to any patrimony he administers only to the extent of the value of the property of the patrimony.

1989, c. 54, s. 43.

44. The Public Curator may constitute joint portfolios out of the available moneys of the property he administers.

For the purposes of a joint administration, the Public Curator may make investments to bearer, provided they are presumed sound investments contemplated in article 1339 of the Civil Code of Québec.

1989, c. 54, s. 44; 1992, c. 57, s. 562; 1994, c. 29, s. 3.

45. At least twice a year, the Public Curator shall credit the account of each person whose property he administers with the revenues of the joint portfolios according to the value of the person’s interest in each portfolio, subject to section 56.

1989, c. 54, s. 45; 1994, c. 29, s. 4.

46. The Minister of Relations with the Citizens and Immigration shall appoint a committee to advise the Public Curator on investment of the property under his joint administration.

1989, c. 54, s. 46; 1997, c. 80, s. 28.

47. The members of the committee are appointed for a term of not over three years. At the expiry of their term, they remain in office until they are reappointed or replaced.

1989, c. 54, s. 47.

48. The members of the committee receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. However, they are entitled to reimbursement of expenses incurred in the discharge of their duties, on the conditions and to the extent determined by the Government.

1989, c. 54, s. 48.

49. The Public Curator must make a report of his investment portfolio to the committee at least four times a year.

1989, c. 54, s. 49.

CHAPTER IV RECORDS AND REGISTERS

50. The Public Curator shall keep a record in respect of each person he represents or whose property he administers.

1989, c. 54, s. 50.

51. The record of a person represented by the Public Curator or whose property is administered by him shall be confidential.

1989, c. 54, s. 51.

52. No person may acquaint himself with any record kept by the Public Curator in respect of a person represented by him or whose property he administers, or receive written or oral communication thereof or otherwise have access thereto except

(1)  the personnel of the Public Curator in the performance of their duties;

(2)  the person the Public Curator represents or has represented and the person whose property he administers or their assigns or heirs;

(3)  the person having parental authority in respect of the person represented by the Public Curator, with the authorization of the Public Curator;

(4)  the spouse, close relative, relative by marriage, any other person who has shown special interest in the person of full age or the person delegated by the Public Curator, with the authorization of the Public Curator;

(5)  the Public Protector.

Notwithstanding the foregoing, at the request of any interested person, the Public Curator may certify that a person is a minor or under protected supervision, and indicate the name of the tutor or curator.

1989, c. 54, s. 52.

53. The Public Curator may refuse, for the moment, to release to a person he represents nominative information of a medical or social nature concerning him or contained in his file where, in the opinion of the attending physician, serious damage to his health would likely result therefrom. The Public Curator, on the recommendation of the attending physician, shall determine when it will be possible to release the information and notify the person who applied therefor.

1989, c. 54, s. 53.

54. The Public Curator shall keep a register of tutorships to minors, a register of tutorships and curatorships to persons of full age, a register of homologated mandates in anticipation of the inability of the mandator and a register of property under provisional administration other than that provided for in subparagraph 8 of the first paragraph of section 24.

The registers shall contain only the information prescribed by regulation. Such information is public.

1989, c. 54, s. 54; 1992, c. 57, s. 563.

CHAPTER V FINANCING

55. The Public Curator may require payment of the fees prescribed by regulation and the reimbursement of his expenses for the representation of persons, the administration of property entrusted to him, the supervision of tutorships and curatorships and the other functions assigned to him by the law.

1989, c. 54, s. 55; 1992, c. 57, s. 564.

56. The Public Curator may collect fees for the management of joint portfolios from the total revenues of the portfolios. The amount of the fees shall be established according to a percentage, fixed by regulation, of the average assets under his administration. The average assets consist of one-half of the sum of the assets at the beginning and at the end of the reference period fixed by regulation.

1989, c. 54, s. 56; 1994, c. 29, s. 5.

57. The Public Curator may charge interest at the rate determined by regulation on any amount advanced and any fees charged to the account of a patrimony he administers.

1989, c. 54, s. 57.

58. The fees, interest and other sums referred to in sections 55 to 57 shall be paid into the general fund of the Public Curator.

Expenditures made for the purposes of this Act shall be charged to the general fund ; such expenditures shall, however, be charged to the working fund existing within the general fund only where the other sums making up the general fund are inadequate.

Any income in excess of expenditures in any fiscal year shall, once the amounts considered necessary to maintain the working fund of the Public Curator have been deducted, be paid into the consolidated revenue fund.

1989, c. 54, s. 58; 1997, c. 80, s. 31.

58.1. The Government shall fix, by an order made on the recommendation of the Minister of Relations with the Citizens and Immigration and the Minister of Finance, the maximum amount of the sums that may be paid annually into the working fund of the Public Curator.

1997, c. 80, s. 31.

59. The Public Curator shall deduct the fees and expenses, which the Public Curator may require under section 55, pertaining to property the administration of which ceases in the circumstances described in the second paragraph of section 40 from the sums of money the Public Curator is required to transfer to the Minister of Finance, together with the other fees and expenses that the Public Curator may require under section 55 but cannot recover. The Public Curator shall also deduct from such sums of money the cost of activities for which fees cannot be established, together with an annual allowance to support the financing of the Public Curator’s activities.

The amounts deducted pursuant to this section shall be deposited into the general fund of the Public Curator.

1989, c. 54, s. 59; 1994, c. 29, s. 6; 1997, c. 80, s. 32.

59.1. A government order, made on the recommendation of the Minister of Relations with the Citizens and Immigration and the Minister of Finance, shall determine the criteria on the basis of which the fees and expenses of the Public Curator shall be considered not to be recoverable, the cost of the activities of the Public Curator for which fees cannot be established, the annual allowance to support the financing of the Public Curator’s activities and, more generally, the terms and conditions governing the deductions made by the Public Curator pursuant to section 59.

1997, c. 80, s. 32.

60. The Government shall determine, each year, on the recommendation of the Minister of Justice and the Minister of Finance, the proportion of the amounts paid into the reserve fund that is remitted to the consolidated revenue fund or applied to the operating deficit of the Public Curator, where such is the case.

1989, c. 54, s. 60; 1994, c. 29, s. 7.

61. The Minister of Finance may, with the authorization of the Government and on the terms and conditions it may determine, advance the sums taken from the consolidated revenue fund to the Public Curator.

Any money advanced by the Minister of Finance may be repaid out of the fund designated by the Government.

1989, c. 54, s. 61.

62. The activities of the Public Curator shall be financed out of the general fund and, to the extent determined by the Government, on the recommendation of the Minister of Justice and the Minister of Finance, out of the reserve fund.

1989, c. 54, s. 62; 1992, c. 57, s. 565; 1994, c. 29, s. 8.

63. The fiscal period of the Public Curator ends on 31 December every year.

1989, c. 54, s. 63.

64. On the date fixed by the Minister of Relations with the Citizens and Immigration, the Public Curator shall transmit to him his budget estimates for the next fiscal period.

The budget estimates are subject to approval by the Government.

1989, c. 54, s. 64; 1997, c. 80, s. 36.

65. Subject to the adaptations prescribed by regulation, the regulations made under section 49 of the Financial Administration Act (chapter A-6) apply to every contract that may be charged to the budget of the Public Curator.

1989, c. 54, s. 65; 1991, c. 72, s. 6; 1994, c. 18, s. 34.

CHAPTER VI BOOKS, ACCOUNTS AND REPORTS

66. The books and accounts of the Public Curator shall be audited each year by the Auditor General and also whenever so ordered by the Government; the Government may, however, appoint another auditor to audit such books and accounts of the Public Curator as relate to the property administered by him.

The report of the Auditor General and the report of the auditor appointed by the Government shall accompany the annual report of the Public Curator.

The fees of any auditor appointed by the Government shall be paid out of the revenues of the Public Curator.

1989, c. 54, s. 66.

67. The Public Curator must, not later than 30 June each year, make a report to the Minister of Relations with the Citizens and Immigration of his administration for his preceding fiscal period.

The Minister shall lay such report before the National Assembly within 30 days of receiving it if it is in session, or if not, within 10 days of the opening of the next session.

1989, c. 54, s. 67; 1997, c. 80, s. 37.

67.1. The Minister of Relations with the Citizens and Immigration shall establish an audit committee charged with advising the Public Curator on the efficient management and use of the Public Curator’s financial resources and of the property under the Public Curator’s administration.

1997, c. 80, s. 38.

67.2. The audit committee shall consist of three persons who are not members of the personnel of the Public Curator.

The members of the committee shall be appointed for a term of office of not more than three years. They shall remain in office upon the expiry of their term, until reappointed or replaced.

The committee shall meet at least two times each year. The quorum of the committee shall be two members.

1997, c. 80, s. 38.

67.3. The members of the committee shall receive no remuneration, except in the cases, on the conditions and to the extent determined by the Government. The members are, however, entitled to reimbursement for expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

1997, c. 80, s. 38.

67.4. The Public Curator shall provide to the members of the committee an annual audit plan, an annual report and any information relevant to the carrying out of the committee’s mandate, in particular information concerning annual audit plans, financial statements, reports and recommendations submitted by the Auditor General and the auditor designated by the Government.

1997, c. 80, s. 38.

CHAPTER VII REGULATIONS

68. The Government may, by regulation

(1)  establish norms relating to the remuneration to which persons whose services have been retained by the Public Curator under section 11, other than members of his personnel, are entitled;

(2)  determine the information to be provided to the Public Curator, pursuant to section 14, by the executive director or the director of professional services of an institution contemplated in that section;

(3)  determine the form and content of the reports transmitted by tutors and curators;

(4)  determine the information the Public Curator may require to establish those cases in which he becomes provisional administrator under section 24 or under any other provision of law;

(5)  determine the form and content of the account that must be rendered by the Public Curator pursuant to section 41;

(6)  determine the information to be entered in the registers;

(7)  fix the tariff of fees which the Public Curator may charge for the representation of persons, for the administration of the property entrusted to him or for his supervision of tutorships, curatorships or for the performance of the other functions assigned to him by law;

(8)  fix the percentage to be used to determine the amount of the fees prescribed under section 56 and the reference period for establishing the average assets under the administration of the Public Curator;

(9)  determine the rates of interest to be charged for amounts of money advanced and fees charged by the Public Curator;

(10)  determine the time from which property belonging to the State shall be remitted to the Minister of Finance;

(10.1)  establish the criteria according to which fees and expenses of the Public Curator are not recoverable;

(10.2)  determine the activities for which fees may not be prescribed;

(11)  prescribe the adaptations to the regulations made under section 49 of the Financial Administration Act (chapter A-6);

(12)  determine the main place where the Public Curator shall perform his duties.

1989, c. 54, s. 68; 1991, c. 72, s. 7; 1992, c. 21, s. 146; 1992, c. 57, s. 566; 1994, c. 18, s. 35; 1994, c. 29, s. 9.

CHAPTER VIII PENAL PROVISIONS

69. Every person who contravenes any provision of section 26 is guilty of an offence and liable to a fine of not over $5 000 and, for a second or subsequent conviction, to a fine of not over $15 000.

1989, c. 54, s. 69.

70. Any tutor or curator who contravenes the second paragraph of section 20 or who neglects or refuses to have his books and accounts audited where required in accordance with section 21 is guilty of an offence and liable to a fine of not over $1,000 and, for a second or subsequent conviction, to a fine of not over $2,500.

1989, c. 54, s. 70.

71. (Repealed).

1989, c. 54, s. 71; 1992, c. 61, s. 252.

CHAPTER IX MISCELLANEOUS PROVISIONS

72. The Public Curator may appear before the courts.

He may, for the purposes of Book VIII of the Code of Civil Procedure (chapter C-25) and of the Act respecting the Régie du logement (chapter R-8.1), whether as plaintiff or defendant, appear before the court himself or be represented before it by a member of his staff or by any other person he authorizes in writing. In the case of the recovery of small claims, he shall not be represented by a lawyer or a claims agent, except where permitted by the Code of Civil Procedure.

1989, c. 54, s. 72.

73. Every service of court proceedings on the Public Curator shall be made at the main place in which he performs his duties.

The clerk of the court shall transmit to the Public Curator, without delay and free of charge, a copy of any judgment relating to the patrimonial interests of a minor or person of full age under tutorship or curatorship, and of any transaction made within the scope of proceedings to which the tutor or curator is a party in such quality.

1989, c. 54, s. 73.

74. The judge shall, upon motion by the Public Curator, suspend for a period not exceeding thirty days, any judicial proceedings taken against the Public Curator or any person represented by him or whose property he administers, or relating to property administered by the Public Curator under section 24, to prepare the defence.

1989, c. 54, s. 74.

75. Every document signed by the Public Curator shall be prima facie evidence of its contents, without it being necessary to prove his signature and authority.

When written declarations are to be sworn to by the Public Curator, they may be sworn to under his oath of office.

1989, c. 54, s. 75.

75.1. The Public Curator may enter into agreements with the Minister of Finance relating to the management of property belonging to the State.

1994, c. 29, s. 10.

76. The Public Curator may, according to law, enter into agreements with any government other than that of Québec, or with any agency or body of such a government, with a view to the carrying out of this Act.

1989, c. 54, s. 76.

77. The Minister of Relations with the Citizens and Immigration shall be responsible for the administration of this Act.

1989, c. 54, s. 77; 1996, c. 21, s. 45.

The Minister of Families, Seniors and the Status of Women exercises the functions of the Minister of Relations with the Citizens and Immigration provided for in this Act. Order in Council 131-2005 dated 18 February 2005, (2005) 137 G.O. 2 (French), 880.

78. (Omitted).

1989, c. 54, s. 78.

79. (Omitted).

1989, c. 54, s. 79.

80. (Omitted).

1989, c. 54, s. 80.

81. (Omitted).

1989, c. 54, s. 81.

82. (Omitted).

1989, c. 54, s. 82.

83. (Omitted).

1989, c. 54, s. 83.

84. (Omitted).

1989, c. 54, s. 84.

85. (Omitted).

1989, c. 54, s. 85.

86. (Omitted).

1989, c. 54, s. 86.

87. (Omitted).

1989, c. 54, s. 87.

88. (Omitted).

1989, c. 54, s. 88.

89. (Omitted).

1989, c. 54, s. 89.

90. (Omitted).

1989, c. 54, s. 90.

91. (Omitted).

1989, c. 54, s. 91.

92. (Omitted).

1989, c. 54, s. 92.

93. (Omitted).

1989, c. 54, s. 93.

94. (Omitted).

1989, c. 54, s. 94.

95. (Omitted).

1989, c. 54, s. 95.

96. (Omitted).

1989, c. 54, s. 96.

97. (Omitted).

1989, c. 54, s. 97.

98. (Omitted).

1989, c. 54, s. 98.

99. (Omitted).

1989, c. 54, s. 99.

100. (Omitted).

1989, c. 54, s. 100.

101. (Omitted).

1989, c. 54, s. 101.

102. (Omitted).

1989, c. 54, s. 102.

103. (Omitted).

1989, c. 54, s. 103.

104. (Omitted).

1989, c. 54, s. 104.

105. (Omitted).

1989, c. 54, s. 105.

106. (Omitted).

1989, c. 54, s. 106.

107. (Omitted).

1989, c. 54, s. 107.

108. (Omitted).

1989, c. 54, s. 108.

109. (Omitted).

1989, c. 54, s. 109.

110. (Omitted).

1989, c. 54, s. 110.

111. (Omitted).

1989, c. 54, s. 111.

112. (Omitted).

1989, c. 54, s. 112.

113. (Omitted).

1989, c. 54, s. 113.

114. (Omitted).

1989, c. 54, s. 114.

115. (Omitted).

1989, c. 54, s. 115.

116. (Omitted).

1989, c. 54, s. 116.

117. (Omitted).

1989, c. 54, s. 117.

118. (Omitted).

1989, c. 54, s. 118.

119. (Omitted).

1989, c. 54, s. 119.

120. (Omitted).

1989, c. 54, s. 120.

121. (Omitted).

1989, c. 54, s. 121.

122. (Omitted).

1989, c. 54, s. 122.

123. (Omitted).

1989, c. 54, s. 123.

124. (Omitted).

1989, c. 54, s. 124.

125. (Omitted).

1989, c. 54, s. 125.

126. (Omitted).

1989, c. 54, s. 126.

127. (Omitted).

1989, c. 54, s. 127.

128. (Omitted).

1989, c. 54, s. 128.

129. (Omitted).

1989, c. 54, s. 129.

AMENDMENTS TO THE CODE OF CIVIL PROCEDURE

130. (Amendment integrated into c. C-25, a. 4).

1989, c. 54, s. 130.

131. (Amendment integrated into c. C-25, a. 70).

1989, c. 54, s. 131.

132. (Amendment integrated into c. C-25, a. 70.2).

1989, c. 54, s. 132.

133. (Amendment integrated into c. C-25, a. 97).

1989, c. 54, s. 133.

134. (Amendment integrated into c. C-25, a. 483).

1989, c. 54, s. 134.

135. (Amendment integrated into c. C-25, a. 818.2).

1989, c. 54, s. 135.

136. (Amendment integrated into c. C-25, heading of Chapter VII of Book VI).

1989, c. 54, s. 136.

137. (Amendment integrated into c. C-25, a. 877).

1989, c. 54, s. 137.

138. (Amendment integrated into c. C-25, a. 877.1).

1989, c. 54, s. 138.

139. (Amendment integrated into c. C-25, a. 878).

1989, c. 54, s. 139.

140. (Amendment integrated into c. C-25, aa. 878.1-878.3).

1989, c. 54, s. 140.

141. (Amendment integrated into c. C-25, a. 879).

1989, c. 54, s. 141.

142. (Amendment integrated into c. C-25, a. 880).

1989, c. 54, s. 142.

143. (Amendment integrated into c. C-25, a. 881).

1989, c. 54, s. 143.

144. (Omitted).

1989, c. 54, s. 144.

145. (Amendment integrated into c. C-25, a. 883).

1989, c. 54, s. 145.

146. (Amendment integrated into c. C-25, a. 884).

1989, c. 54, s. 146.

147. (Amendment integrated into c. C-25, Section II and aa. 884.1-884.6).

1989, c. 54, s. 147.

CONCORDANCE AMENDMENTS

148. (Amendment integrated into c. A-2.1, s. 2.2).

1989, c. 54, s. 148.

149. (Amendment integrated into c. A-2.1, s. 4).

1989, c. 54, s. 149.

150. (Amendment integrated into c. A-2.1, s. 53).

1989, c. 54, s. 150.

151. (Amendment integrated into c. A-2.1, s. 123).

1989, c. 54, s. 151.

152. (Amendment integrated into c. A-2.1, s. 127).

1989, c. 54, s. 152.

153. (Amendment integrated into c. A-2.1, s. 128.1).

1989, c. 54, s. 153.

154. (Amendment integrated into c. A-23, s. 58).

1989, c. 54, s. 154.

155. (Inoperative, 1989, c. 15, s. 1).

1989, c. 54, s. 155.

156. (Amendment integrated into c. A-32, ss. 93.14, 93.79, 93.147, 93.229 and 174.8).

1989, c. 54, s. 156.

157. (Amendment integrated into c. B-1, s. 87).

1989, c. 54, s. 157.

158. (Amendment integrated into c. B-1, s. 122).

1989, c. 54, s. 158.

159. (Amendment integrated into c. B-1.1, s. 69).

1989, c. 54, s. 159.

160. (Amendment integrated into c. C-14, s. 91).

1989, c. 54, s. 160.

161. (Amendment integrated into c. C-38, s. 42).

1989, c. 54, s. 161.

162. (Amendment integrated into c. C-38, s. 123.10).

1989, c. 54, s. 162.

163. (Amendment integrated into c. C-38, s. 123.73).

1989, c. 54, s. 163.

164. (Amendment integrated into c. C-38, s. 140).

1989, c. 54, s. 164.

165. (Amendment integrated into c. C-67.2, ss. 44 and 202).

1989, c. 54, s. 165.

166. (Amendment integrated into c. C-74, s. 19).

1989, c. 54, s. 166.

167. (Amendment integrated into c. D-5, s. 24).

1989, c. 54, s. 167.

168. (Amendment integrated into c. D-15, s. 37).

1989, c. 54, s. 168.

169. (Amendment integrated into c. E-2.2, s. 47).

1989, c. 54, s. 169.

170. (Amendment integrated into c. E-2.2, s. 52).

1989, c. 54, s. 170.

171. (Amendment integrated into c. E-2.2, s. 518).

1989, c. 54, s. 171.

172. (Amendment integrated into c. E-2.2, s. 523).

1989, c. 54, s. 172.

173. (Amendment integrated into c. E-2.2, s. 528).

1989, c. 54, s. 173.

174. (Amendment integrated into c. E-2.2, s. 533).

1989, c. 54, s. 174.

175. (Amendment integrated into c. F-1, s. 39).

1989, c. 54, s. 175.

176. (Amendment integrated into c. I-3, s. 1049.12).

1989, c. 54, s. 176.

177. (Amendment integrated into c. M-42, s. 6.2).

1989, c. 54, s. 177.

178. (Amendment integrated into c. N-2, s. 15).

1989, c. 54, s. 178.

179. (Amendment integrated into c. N-2, s. 120).

1989, c. 54, s. 179.

180. (Amendment integrated into c. P-10, s. 29).

1989, c. 54, s. 180.

181. (Amendment integrated into c. P-41, s. 8).

1989, c. 54, s. 181.

182. (Amendment integrated into c. P-41, s. 9).

1989, c. 54, s. 182.

183. (Amendment integrated into c. P-41, s. 10).

1989, c. 54, s. 183.

184. (Amendment integrated into c. Q-1, s. 37).

1989, c. 54, s. 184.

185. (Amendment integrated into c. S-5, s. 8).

1989, c. 54, s. 185.

186. (Amendment integrated into c. S-5, s. 77).

1989, c. 54, s. 186.

187. (Amendment integrated into c. S-5, s. 86).

1989, c. 54, s. 187.

188. (Amendment integrated into c. S-5, s. 105).

1989, c. 54, s. 188.

189. (Amendment integrated into c. V-5.01, s. 4).

1989, c. 54, s. 189.

190. (Amendment integrated into c. S-29.01, ss. 1 and 170).

1989, c. 54, s. 190.

191. (Amendment integrated into c. C-4.1, s. 33).

1989, c. 54, s. 191.

192. (Amendment integrated into c. C-4.1, s. 137).

1989, c. 54, s. 192.

193. (Amendment integrated into c. C-4.1, s. 159).

1989, c. 54, s. 193.

194. (Amendment integrated into c. C-4.1, s. 172).

1989, c. 54, s. 194.

195. (Amendment integrated into c. C-4.1, s. 345).

1989, c. 54, s. 195.

196. (Amendment integrated into c. C-4.1, s. 358).

1989, c. 54, s. 196.

197. (Amendment integrated into c. C-4.1, s. 361).

1989, c. 54, s. 197.

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

198. (Omitted).

1989, c. 54, s. 198.

199. In any Act, regulation, by-law, order, contract, agreement or other document, any reference to the Public Curatorship Act (chapter C-80) or to any provision thereof is considered to be a reference to the Public Curator Act (chapter C-81) or the equivalent provision of that Act.

1989, c. 54, s. 199.

200. Until 1 January 1994, articles 1338 to 1411 of the Civil Code of Québec (1987, chapter 18), which deal with the administration of the property of others, are deemed in force for the application of the Public Curator Act (chapter C-81) and of the provisions relating to protective supervision of persons of full age introduced into the Civil Code of Lower Canada by this Act.

1989, c. 54, s. 200; 1992, c. 57, s. 567.

201. Persons of full age interdicted on 15 April 1990 shall be, from that date, under protective supervision, as it applies to persons of full age under tutorship. Such tutorship extends to the person and his property where the person has been interdicted for imbecility, insanity or madness; in other cases, the tutorship extends only to the person’s property.

Persons who, on 15 April 1990, are provided with a judicial adviser shall be, from that date, subject to protective supervision of persons of full age provided with an adviser.

1989, c. 54, s. 201.

202. Persons contemplated by a certificate of incapacity issued under section 10 of the Mental Patients Protection Act (chapter P-41) or section 6 of the Public Curatorship Act (chapter C-80) and who, on 15 April 1990, are not otherwise under protective supervision shall be, from that date, under protective supervision, as it applies to persons of full age under tutorship to the person and to property.

1989, c. 54, s. 202.

203. Protective supervision established under sections 201 and 202 may be reviewed in accordance with articles 332.10 and 332.11 of the Civil Code of Lower Canada.

The term prescribed for the periodic examination is three years for the first examination, and starts running from 15 April 1990.

1989, c. 54, s. 203.

204. The sums of money deriving from the liquidation of property entrusted to the Public Curator for provisional administration before 18 December 1997 shall, if the liquidation of the property is terminated as of that date, be transferred to the Minister of Finance on the date or dates determined by the Government.

The sums of money deriving from any later liquidation of such property shall be transferred to the Minister of Finance upon its liquidation.

1989, c. 54, s. 204; 1997, c. 80, s. 44.

205. Any income from property referred to in subparagraphs 2 to 6 of the first paragraph of section 24 and in the first paragraph of section 42 of the Public Curator Act (chapter C-81), as well as income from property entrusted to the administration of the Public Curator under section 15 of the Public Curatorship Act (chapter C-80) and from a vacant succession under article 686 of the Civil Code of Lower Canada, generated before 15 April 1990, shall be paid into the reserve fund of the Public Curator.

The Public Curator shall, however, remit any income generated after the beginning of the provisional administration of a property concerned to the owner, heir or beneficiary, as the case may be, who presents himself within the time prescribed by this Act and establishes his right to such property.

1989, c. 54, s. 205.

206. Any income paid into the reserve fund of the Public Curator under section 205 does not become subject to section 60 of the Public Curator Act (chapter C-81) before 15 April 1993.

1989, c. 54, s. 206.

207. (Omitted).

1989, c. 54, s. 207.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 54 of the statutes of 1989, in force on 1 September 1990, is repealed, except sections 78 to 86, 88, 91 to 129 and 207, effective from the coming into force of chapter C-81 of the Revised Statutes.

Sections 8, 12, 13, 14, 18, 20, 27, 28, 31, 32, 37, 42, 54, 61, 68 and 69 of this Act will be amended upon the coming into force of sections 1 to 6, 13, 15, 20, of paragraph 1 of section 21, of sections 22, 26, 29, 34, of paragraph 1 of section 39 and of section 40 of chapter 80 of the statutes of 1997 on the date or dates fixed by order of the Government.

Sections 24, 26, the heading of division VI of chapter II, sections 40, 41, 55, 58 and 76 of this Act will be replaced upon the coming into force of sections 8, 11, 12, 23, 24, 30, 31 and 43 of chapter 80 of the statutes of 1997 on the date or dates fixed by order of the Government.

Sections 25, 60, 62, 205 and 206 of this Act will be repealed upon the coming into force of sections 10, 33, 35 and 45 of chapter 80 of the statutes of 1997 on the date or dates fixed by order of the Government.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1997, c. 80, s. 82).