C-81 - Public Curator Act

Section 24 Disposition versions

2011-06-13

24. (Repealed).

1989, c. 54, s. 24; 1992, c. 57, s. 556; 1994, c. 29, s. 1; 1996, c. 64, s. 3; 1997, c. 80, s. 8; 2005, c. 44, s. 37; 2007, c. 34, s. 31; 2011, c. 10, s. 72.

2007-12-18

24. In addition to property otherwise entrusted by law to the administration of the Minister of Revenue, the Minister of Revenue shall assume provisional administration 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)  the property of a succession that is situated in Québec, until the heirs, or a third person designated in accordance with the testamentary dispositions of the deceased or by the court, become able to hold the office of liquidator of the succession or until the Minister of Revenue, 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 referred to in the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity (chapter C-52.2);

(6)  unclaimed property within the meaning of section 24.1;

(7)  property deposited or abandoned in a detention centre or in 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)  property, unless provisional administration is otherwise provided for by law or in the act constituting the administration, entrusted to an administrator of the property of another who dies, resigns, is placed under tutorship or curatorship or otherwise becomes unable to exercise the administrator’s functions, 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 the liquidation has not been completed within five years of the filing of the notice of dissolution;

(10)  property situated in Québec, other than property referred to in paragraphs 1 to 9, whose owner or other interested party is unknown or untraceable.

1989, c. 54, s. 24; 1992, c. 57, s. 556; 1994, c. 29, s. 1; 1996, c. 64, s. 3; 1997, c. 80, s. 8; 2005, c. 44, s. 37; 2007, c. 34, s. 31.

2006-04-01

24. In addition to property otherwise entrusted by law to the administration of the Minister of Revenue, the Minister of Revenue shall assume provisional administration 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)  the property of a succession that is situated in Québec, until the heirs, or a third person designated in accordance with the testamentary dispositions of the deceased or by the court, become able to hold the office of liquidator of the succession or until the Minister of Revenue, 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 referred to in Division III.2 of the Act respecting the Ministère de la Justice (chapter M‐19);

(6)  unclaimed property within the meaning of section 24.1;

(7)  property deposited or abandoned in a detention centre or in 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)  property, unless provisional administration is otherwise provided for by law or in the act constituting the administration, entrusted to an administrator of the property of another who dies, resigns, is placed under tutorship or curatorship or otherwise becomes unable to exercise the administrator’s functions, 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 the liquidation has not been completed within five years of the filing of the notice of dissolution;

(10)  property situated in Québec, other than property referred to in paragraphs 1 to 9, whose owner or other interested party is unknown or untraceable.

1989, c. 54, s. 24; 1992, c. 57, s. 556; 1994, c. 29, s. 1; 1996, c. 64, s. 3; 1997, c. 80, s. 8; 2005, c. 44, s. 37.

1999-07-01

24. In addition to property otherwise entrusted by law to the administration of the Public Curator, the Public Curator shall assume provisional administration 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)  the property of a succession that is situated in Québec, until the heirs, or a third person designated in accordance with the testamentary dispositions of the deceased or by the court, become able to hold the office of liquidator of the succession or until the Public Curator, 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 referred to in Division III.2 of the Act respecting the Ministère de la Justice (chapter M‐19) ;

(6)  unclaimed property within the meaning of section 24.1 ;

(7)  property deposited or abandoned in a detention centre or in 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)  property, unless provisional administration is otherwise provided for by law or in the act constituting the administration, entrusted to an administrator of the property of another who dies, resigns, is placed under tutorship or curatorship or otherwise becomes unable to exercise the administrator’s functions, 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 the liquidation has not been completed within five years of the filing of the notice of dissolution ;

(10)  property situated in Québec, other than property referred to in paragraphs 1 to 9, whose owner or other interested party is unknown or untraceable.

1989, c. 54, s. 24; 1992, c. 57, s. 556; 1994, c. 29, s. 1; 1996, c. 64, s. 3; 1997, c. 80, s. 8.

1996-12-23

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.

1994-06-17

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.

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.

1994-01-01

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.

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 ten years after the beginning of the provisional administration of the Public Curator or, where the owners or heirs have renounced it, upon their renunciation.

1989, c. 54, s. 24; 1992, c. 57, s. 556.

1990-04-15

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

(1)  the property of an absentee until the institution of curatorship 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 curator or 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.

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 2 to 6 devolves to the State ten years after the beginning of the provisional administration of the Public Curator or, where the owners or heirs have renounced it, upon their renunciation.

1989, c. 54, s. 24.