C-81 - Public Curator Act

Section 24.1 Disposition versions

2011-06-13

24.1. (Repealed).

1997, c. 80, s. 9; 2000, c. 29, s. 635; 2007, c. 14, s. 1; 2009, c. 5, s. 5; 2011, c. 10, s. 72.

2009-05-15

24.1. The following property is considered to be unclaimed property, whenever the owner or other interested party is domiciled in Québec:

(1)  deposits of money with a financial services cooperative, a savings company, a trust company or any other institution authorized by law to receive deposits of funds, where the interested party has made no claim, engaged in no transaction or given no instruction in respect of the deposits and related accounts within the three years following the date on which the sums deposited became payable;

(2)  the value of cheques or bills of exchange certified or accepted by a financial institution or of drafts issued by such an institution in relation to which the interested party has made no demand for payment within the three years following the date of certification, acceptance or issue;

(3)  sums deriving from the repayment or redemption of debt securities, stock, shares or other participation in a legal person, partnership or trust, and the interest, dividends or other income, including patronage dividends, attaching to the securities or interest for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable;

(3.1)  property to be granted because of the conversion of a mutual insurance association into a joint-stock company for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the conversion was made;

(4)  funds, securities and other property received in any capacity whatsoever by a securities adviser or broker in the name or on behalf of a third person and for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following their date of receipt by the adviser or broker;

(5)  funds, securities and other property held in a fiduciary capacity by any person authorized by law to hold property in trust for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable; sums of money required to be accounted for separately and kept in a separate account by their holder in trust, held in trust or in any other manner indicating that sums of money are kept on behalf of a third person are, in particular, considered to be property held in trust;

(6)  funds, securities and other property deposited in a safety deposit box with a financial institution, where the contract to lease the safety deposit box has been expired for three years and, during that period, the interested party has made no request for renewal of the contract or access to the safety deposit box;

(7)  funds, securities and other property held by a financial institution as pledge holder or custodian for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which, by reason of the extinction of the secured obligation or otherwise, the property became payable;

(8)  insured amounts owing under a life insurance contract for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; any amount payable on the death of the insured person is presumed to be due and payable at the latest on the date of the 100th birthday of the insured person;

(9)  amounts payable under a pension or retirement contract or plan, other than benefits under the Act respecting the Québec Pension Plan (chapter R-9) or under a similar plan within the meaning of that Act for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; the amounts are presumed to be payable at the latest at the end of the year in which the annuitant or employee reaches 71 years of age; where property to which this section applies constitutes the assets of a retirement savings plan, the property may not be considered separately from the amounts payable under the plan;

(10)  interest, dividends and other income produced by property referred to in paragraphs 1 to 9, insofar as the act or the law provides that the income is payable to the interested party;

(11)  property determined by regulation, subject to the conditions prescribed.

1997, c. 80, s. 9; 2000, c. 29, s. 635; 2007, c. 14, s. 1; 2009, c. 5, s. 5.

2007-11-07

24.1. The following property is considered to be unclaimed property, whenever the owner or other interested party is domiciled in Québec:

(1)  deposits of money with a financial services cooperative, a savings company, a trust company or any other institution authorized by law to receive deposits of funds, where the interested party has made no claim, engaged in no transaction or given no instruction in respect of the deposits and related accounts within the three years following the date on which the sums deposited became payable;

(2)  the value of cheques or bills of exchange certified or accepted by a financial institution or of drafts issued by such an institution in relation to which the interested party has made no demand for payment within the three years following the date of certification, acceptance or issue;

(3)  sums deriving from the repayment or redemption of debt securities, stock, shares or other participation in a legal person, partnership or trust, and the interest, dividends or other income, including patronage dividends, attaching to the securities or interest for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable;

(3.1)  property to be granted because of the conversion of a mutual insurance association into a joint-stock company for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the conversion was made;

(4)  funds, securities and other property received in any capacity whatsoever by a securities adviser or broker in the name or on behalf of a third person and for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following their date of receipt by the adviser or broker;

(5)  funds, securities and other property held in a fiduciary capacity by any person authorized by law to hold property in trust for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable; sums of money required to be accounted for separately and kept in a separate account by their holder in trust, held in trust or in any other manner indicating that sums of money are kept on behalf of a third person are, in particular, considered to be property held in trust;

(6)  funds, securities and other property deposited in a safety deposit box with a financial institution, where the contract to lease the safety deposit box has been expired for three years and, during that period, the interested party has made no request for renewal of the contract or access to the safety deposit box;

(7)  funds, securities and other property held by a financial institution as pledge holder or custodian for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which, by reason of the extinction of the secured obligation or otherwise, the property became payable;

(8)  insured amounts owing under a life insurance contract for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; any amount payable on the death of the insured person is presumed to be due and payable at the latest on the date of the one hundredth birthday of the insured person;

(9)  amounts payable under a pension or retirement contract or plan, other than benefits under the Act respecting the Québec Pension Plan (chapter R-9) or under a similar plan within the meaning of that Act for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; the amounts are presumed to be payable at the latest on the seventieth birthday of the annuitant or employee; where property to which this section applies constitutes the assets of a retirement savings plan, the property may not be considered separately from the amounts payable under the plan;

(10)  interest, dividends and other income produced by property referred to in paragraphs 1 to 9, insofar as the act or the law provides that the income is payable to the interested party;

(11)  property determined by regulation, subject to the conditions prescribed.

1997, c. 80, s. 9; 2000, c. 29, s. 635; 2007, c. 14, s. 1.

2001-07-01

24.1. The following property is considered to be unclaimed property, whenever the owner or other interested party is domiciled in Québec:

(1)  deposits of money with a financial services cooperative, a savings company, a trust company or any other institution authorized by law to receive deposits of funds, where the interested party has made no claim, engaged in no transaction or given no instruction in respect of the deposits and related accounts within the three years following the date on which the sums deposited became payable;

(2)  the value of cheques or bills of exchange certified or accepted by a financial institution or of drafts issued by such an institution in relation to which the interested party has made no demand for payment within the three years following the date of certification, acceptance or issue;

(3)  sums deriving from the repayment or redemption of debt securities, stock, shares or other participation in a legal person, partnership or trust, and the interest, dividends or other income, including patronage dividends, attaching to the securities or interest for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable;

(4)  funds, securities and other property received in any capacity whatsoever by a securities adviser or broker in the name or on behalf of a third person and for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following their date of receipt by the adviser or broker;

(5)  funds, securities and other property held in a fiduciary capacity by any person authorized by law to hold property in trust for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable; sums of money required to be accounted for separately and kept in a separate account by their holder in trust, held in trust or in any other manner indicating that sums of money are kept on behalf of a third person are, in particular, considered to be property held in trust;

(6)  funds, securities and other property deposited in a safety deposit box with a financial institution, where the contract to lease the safety deposit box has been expired for three years and, during that period, the interested party has made no request for renewal of the contract or access to the safety deposit box;

(7)  funds, securities and other property held by a financial institution as pledge holder or custodian for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which, by reason of the extinction of the secured obligation or otherwise, the property became payable;

(8)  insured amounts owing under a life insurance contract for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; any amount payable on the death of the insured person is presumed to be due and payable at the latest on the date of the one hundredth birthday of the insured person;

(9)  amounts payable under a pension or retirement contract or plan, other than benefits under the Act respecting the Québec Pension Plan (chapter R-9) or under a similar plan within the meaning of that Act for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; the amounts are presumed to be payable at the latest on the seventieth birthday of the annuitant or employee; where property to which this section applies constitutes the assets of a retirement savings plan, the property may not be considered separately from the amounts payable under the plan;

(10)  interest, dividends and other income produced by property referred to in paragraphs 1 to 9, insofar as the act or the law provides that the income is payable to the interested party;

(11)  property determined by regulation, subject to the conditions prescribed.

1997, c. 80, s. 9; 2000, c. 29, s. 635.

1999-07-01

24.1. The following property is considered to be unclaimed property, whenever the owner or other interested party is domiciled in Québec:

(1)  deposits of money with a savings and credit union, a savings company, a trust company or any other institution authorized by law to receive deposits of funds, where the interested party has made no claim, engaged in no transaction or given no instruction in respect of the deposits and related accounts within the three years following the date on which the sums deposited became payable;

(2)  the value of cheques or bills of exchange certified or accepted by a financial institution or of drafts issued by such an institution in relation to which the interested party has made no demand for payment within the three years following the date of certification, acceptance or issue;

(3)  sums deriving from the repayment or redemption of debt securities, stock, shares or other participation in a legal person, partnership or trust, and the interest, dividends or other income, including patronage dividends, attaching to the securities or interest for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable;

(4)  funds, securities and other property received in any capacity whatsoever by a securities adviser or broker in the name or on behalf of a third person and for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following their date of receipt by the adviser or broker;

(5)  funds, securities and other property held in a fiduciary capacity by any person authorized by law to hold property in trust for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which they became payable; sums of money required to be accounted for separately and kept in a separate account by their holder in trust, held in trust or in any other manner indicating that sums of money are kept on behalf of a third person are, in particular, considered to be property held in trust;

(6)  funds, securities and other property deposited in a safety deposit box with a financial institution, where the contract to lease the safety deposit box has been expired for three years and, during that period, the interested party has made no request for renewal of the contract or access to the safety deposit box;

(7)  funds, securities and other property held by a financial institution as pledge holder or custodian for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which, by reason of the extinction of the secured obligation or otherwise, the property became payable;

(8)  insured amounts owing under a life insurance contract for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; any amount payable on the death of the insured person is presumed to be due and payable at the latest on the date of the one hundredth birthday of the insured person;

(9)  amounts payable under a pension or retirement contract or plan, other than benefits under the Act respecting the Québec Pension Plan (chapter R-9) or under a similar plan within the meaning of that Act for which the interested party has made no claim, engaged in no transaction or given no instruction within the three years following the date on which the amounts became payable; the amounts are presumed to be payable at the latest on the seventieth birthday of the annuitant or employee; where property to which this section applies constitutes the assets of a retirement savings plan, the property may not be considered separately from the amounts payable under the plan;

(10)  interest, dividends and other income produced by property referred to in paragraphs 1 to 9, insofar as the act or the law provides that the income is payable to the interested party;

(11)  property determined by regulation, subject to the conditions prescribed.

1997, c. 80, s. 9.