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

Section 2 Disposition versions

2015-09-01

2. (Revoked).

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

2012-09-01

2. In order to establish the Public Curator’s authority as regards provisional administration of the property described in section 24 of the Act, the Public Curator may require the following information and documents:

(1)  for property described in paragraph 1 of section 24 of the Act: a sworn statement by a person who knew the absentee and was aware of his disappearance, indicating the circumstances and reasons for his departure if they are known, the date on which he ceased to appear at his domicile or residence and the fact that he has not been heard from since the date of his departure;

(2)  for property described in paragraph 2 of section 24: a statement by the coroner indicating that he has in his custody property found on the body of an unknown person or on an unclaimed body;

(3)  for property described in paragraph 3 of section 24: a copy of the notice of dissolution of a legal person as well as a certificate from the competent authority attesting that, to date, the legal person is still dissolved and, in the case of a legal person dissolved pursuant to the rules of the Civil Code, a statement from the designated liquidator or from another interested person attesting that the property has devolved to the State or indicating that liquidation of the legal person has not been completed, accompanied with the liquidator’s rendering of accounts;

(4)  for property described in paragraph 4 of section 24: a statement from a successor or other interested person indicating, in addition to the reasons justifying the involvement of the Public Curator, that the known successors have not yet exercised their option as regards the succession or that the heirs or a third person, designated in accordance with the testamentary provisions of the deceased or by the court, are unable to discharge the duty of liquidator of the succession;

(5)  for property without an owner or lost or forgotten property described in paragraph 5 of section 24: a statement by an interested person who has personal knowledge of the facts related to such property, indicating the circumstances under which the property came to be without an owner or was lost or forgotten;

(6)  for forfeited property described in paragraph 5 of section 24: an order, judgment or any other document attesting to the permanent forfeiture of the property;

(7)  for property described in paragraph 7 of section 24: a statement from the director of a detention centre or the administrator of an institution, indicating the circumstances of the deposit or abandonment of the property, the departure or death of the depositor and the attempts to locate the depositor or to notify the heirs, accompanied with the certificate of death, if applicable, and a copy of any document concerning the depositor’s identity and place of domicile;

(8)  for property described in paragraph 8 of section 24: a statement from an interested person attesting that the administrator is incapable of performing that function, the reasons therefor and proof thereof and, if applicable, a copy of the act constituting the administration and the administrator’s rendering of accounts;

(9)  for property of a partnership described in paragraph 9 of section 24: a copy of the notice of dissolution of a partnership, an attestation from the enterprise registrar indicating that, to date, the partnership is still dissolved and a declaration from the designated liquidator or from another interested person attesting that the property has devolved to the State or indicating that liquidation of the partnership has not been completed, accompanied with the liquidator’s rendering of accounts; and

(10)  for property of a partnership described in paragraph 9 of section 24: a statement from an interested person indicating the termination of the association contract and the reasons therefor, and attesting that the property has devolved to the State, accompanied with, if applicable, the liquidator’s rendering of accounts;

(11)  for property described in paragraph 10 of section 24: a statement from an interested person who has personal knowledge of the facts related to such property indicating that, despite all attempts, it was impossible to identify or to find the owners or other assigns.

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