C-81 - Public Curator Act

Section 22 Disposition versions

2022-11-01

22. The Public Curator may apply for the replacement of a tutor on the grounds set out in the Civil Code or where the annual management account of the tutor or an inquiry held by the Public Curator gives serious reason to fear that the person represented may suffer injury by reason of the tutor failing to perform his duties, or performing them improperly.

Where a protection mandate is not being faithfully performed or for any other serious reason, the Public Curator may also apply for the revocation of the mandate or communicate to the replacement mandatary the necessary information so that the latter may apply to replace the initial mandatary. In the latter case, the replacement mandatary must first attest under oath that he intends to file such an application.

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

1989, c. 54, s. 22; I.N. 2016-01-01 (NCCP); 2020, c. 11, s. 141.

2016-01-01

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 protection mandate 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; I.N. 2016-01-01 (NCCP).

1990-04-15

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.