B-5.1 - Unclaimed Property Act

Section 2 Disposition versions

2022-11-01

2. In addition to property otherwise entrusted by law to the administration of the Minister of Revenue, the Minister of Revenue is the provisional administrator of

(1)  the property of an absentee, unless another administrator has been designated by the absentee or appointed by the court;

(2)  property found on the body of an unknown person or on an unclaimed body, subject to the Coroners Act (chapter C-68.01);

(3)  the property of a dissolved legal person, subject to the provisions of the Civil Code relating to the dissolution and liquidation of legal persons;

(4)  property belonging to a succession and situated in Québec, until the heirs, or a third person designated in accordance with the testamentary provisions made by the deceased or designated by the court, are able to discharge the office of liquidator of the succession or until the Minister, in particular in cases where the State is seized of the property, is empowered to act in that capacity;

(5)  property without an owner which the State appropriates for itself, lost or forgotten property held by the State and property that becomes property of the State by permanent forfeiture, unless, in the latter case, the law provides otherwise, in particular in respect of property governed by the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity (chapter C-52.2);

(6)  unclaimed property described in section 3;

(7)  property deposited or abandoned in a detention centre or in a facility maintained by an institution to which the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) applies, if the property is not claimed within one year after the departure or death of the depositor;

(8)  unless provisional administration is otherwise provided for by law or in the act constituting the administration, property under the administration of an administrator of the property of others who dies, resigns, is placed under tutorship or under a protection mandate, or otherwise becomes unable to exercise the functions of administrator, until another administrator is appointed;

(9)  the property of a dissolved general partnership, limited partnership or association not endowed with legal personality, where the property devolves to the State or, in the case of a partnership, where liquidation has not been completed within five years of the filing of the notice of dissolution; and

(10)  property situated in Québec, other than property referred to in subparagraphs 1 to 9, where the owner or other right-holder is unknown or untraceable.

The Government may, by regulation, prescribe what information the Minister may require for the purpose of determining whether the Minister is to be provisional administrator under the law.

2011, c. 10, s. 2; 2020, c. 11, s. 178; 2020, c. 20, s. 44.

2011-06-13

2. In addition to property otherwise entrusted by law to the administration of the Minister of Revenue, the Minister of Revenue is the provisional administrator of

(1)  the property of an absentee, unless another administrator has been designated by the absentee or appointed by the court;

(2)  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)  the property of a dissolved legal person, subject to the provisions of the Civil Code relating to the dissolution and liquidation of legal persons;

(4)  property belonging to a succession and situated in Québec, until the heirs, or a third person designated in accordance with the testamentary provisions made by the deceased or designated by the court, are able to discharge the office of liquidator of the succession or until the Minister, in particular in cases where the State is seized of the property, is empowered to act in that capacity;

(5)  property without an owner which the State appropriates for itself, lost or forgotten property held by the State and property that becomes property of the State by permanent forfeiture, unless, in the latter case, the law provides otherwise, in particular in respect of property governed by the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity (chapter C-52.2);

(6)  unclaimed property described in section 3;

(7)  property deposited or abandoned in a detention centre or in a facility maintained by an institution to which the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) applies, if the property is not claimed within one year after the departure or death of the depositor;

(8)  unless provisional administration is otherwise provided for by law or in the act constituting the administration, property under the administration of an administrator of the property of others who dies, resigns, is placed under tutorship or curatorship or otherwise becomes unable to exercise the functions of administrator, until another administrator is appointed;

(9)  the property of a dissolved general partnership, limited partnership or association not endowed with legal personality, where the property devolves to the State or, in the case of a partnership, where liquidation has not been completed within five years of the filing of the notice of dissolution; and

(10)  property situated in Québec, other than property referred to in subparagraphs 1 to 9, where the owner or other right-holder is unknown or untraceable.

The Government may, by regulation, prescribe what information the Minister may require for the purpose of determining whether the Minister is to be provisional administrator under the law.

2011, c. 10, s. 2.