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

Section 6.1 Disposition versions

2022-11-01

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.

2015-09-01

6.1. (Revoked).

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

2012-09-01

6.1. Amounts payable under a pension or retirement contract or plan within the meaning of paragraph 9 of section 24.1 of the Act shall correspond to:

(1)  in the case of a retirement plan established by the Supplemental Pension Plans Act (chapter R-15.1) and in all other cases of a retirement plan governed by an act in force in Québec,

(a)  if the pension payments have begun, the sum of the payments owing but not paid, with interest accrued at the rate of return of the retirement fund up to the date of each transfer or, as the debtor chooses, that sum plus the residual value of the pension on the date of the transfer; the residual value must be assessed on the basis of the hypotheses used to calculate the liabilities of the retired participant on a solvency basis;

(b)  in other cases, the value of the benefits accrued under that plan which, on the date of transfer, could have been transferred into a locked-in retirement account within the meaning of section 29 of the Regulation respecting supplemental pension plans (chapter R-15.1, r. 6) without consideration of the restrictions and prohibitions in section 99 of the Supplemental Pension Plans Act;

(2)  in the case of a plan administered by the Commisison administrative des régimes de retraite et d’assurance and given the entitlement to reinstatement provided for in section 147.0.6 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the contributions made with the interest accrued, if applicable, to the date of transfer; calculation of the contributions and, where applicable, of the interest payable to the Public Curator for a recipient, is made on the date of their transfer to the Public Curator, in accordance with sections 58 and 59 of the Act respecting the Government and Public Employees Retirement Plan, adapted as required;

(3)  in the case of an annuity:

(a)  if the pension payments have begun, the sum of the payments owing but not paid and, if any, the interest accrued at the rate provided for in the contract up to the date of each transfer or, as the debtor chooses, that sum plus the residual value of the pension on the date of the transfer;

(b)  in other cases, the value on the date of transfer, of the accrued benefits up the date of the contract;

(4)  in the case of any other contract or plan, the value on the date of transfer of the benefits accrued under the contract or plan.

The values referred to in subparagraphs 1, 3 and 4 of the first paragraph shall be established without regard as to whether or not the benefits or pension credits are unclaimed property.

In case of a claim made to the Public Curator for sums referred to in subparagraphs 1, 3 and 4 of the first paragraph that were transferred and initially came from a pension plan governed by the Supplemental Pension Plans Act, the rules applicable to a locked-in pension account under section 29 of the Regulation respecting supplemental pension plans also apply to the payment of the balance of the sum transferred, adapted as required.

O.C. 594-99, s. 6; O.C. 203-2000, s. 1.