C-81 - Public Curator Act

À jour au 7 novembre 2007

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chapter C-81

Public Curator Act

CHAPTER I ADMINISTRATIVE ORGANIZATION

1. The Government shall appoint a person to act as Public Curator.

1989, c. 54, s. 1.

2. The term of office of the Public Curator is five years; he remains in office at the expiry of his term until he is reappointed or replaced.

1989, c. 54, s. 2.

3. The Public Curator may resign at any time by giving written notice to the minister responsible for the administration of this Act.

The Public Curator cannot be dismissed except for cause.

1989, c. 54, s. 3; 1996, c. 21, s. 45; 2005, c. 24, s. 33.

4. The Government shall fix the remuneration, social benefits and the other conditions of employment of the Public Curator.

1989, c. 54, s. 4.

5. The Public Curator shall attend exclusively to his duties of office and shall hold no other office, responsibilities or employment without the authorization of the Government.

1989, c. 54, s. 5.

6. The Public Curator shall, before taking office, make an oath as follows:

“I, (...) declare under oath that I will faithfully and honestly perform every duty and exercise every power assigned to or conferred upon the Public Curator, to the best of my capacity and knowledge. I also declare under oath that I will not reveal or disclose, unless expressly authorized, anything that may come to my knowledge by reason of my office”.

The Public Curator shall carry out this requirement before the chief judge of the Court of Québec, and the writing verifying the oath or solemn affirmation shall be transmitted to the Minister of Justice.

1989, c. 54, s. 6; 1999, c. 40, s. 99.

7. The Public Curator shall designate in writing one or more persons from his personnel to replace him if he is absent. The designation shall be published in the Gazette officielle du Québec but shall take effect upon the signing by the Public Curator of the instrument evidencing it.

The Public Curator may also, in writing and to the extent he indicates, delegate the exercise of his functions to his public servants or employees. The Public Curator may, in the instrument of delegation, authorize the subdelegation of such functions as he indicates ; in that case, the Public Curator shall identify the public servants or employees to whom the functions may be subdelegated.

1989, c. 54, s. 7; 1999, c. 30, s. 1.

7.1. An act, document or writing is binding on or may be attributed to the Public Curator only if it is signed by the Public Curator or, to the extent provided in the instrument of delegation of signature, by a public servant or an employee designated by the Public Curator. The delegation shall be published in the Gazette officielle du Québec but shall take effect upon the signing by the Public Curator of the instrument evidencing it.

1999, c. 30, s. 2.

8. Where the office of Public Curator is vacant or the Public Curator is unable to act, the Government shall designate a person to carry on the duties of Public Curator for the time being.

The Government shall, where required, fix the salary, additional salary, fees and allowances of the person designated.

1989, c. 54, s. 8.

9. The members of the personnel of the Public Curator shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

The Public Curator has in respect of his personnel the powers of chief executive officer of an agency within the meaning of the Public Service Act.

1989, c. 54, s. 9; 2000, c. 8, s. 242.

10. The members of the personnel of the Public Curator are subject to the same legal restrictions as apply to the Public Curator regarding property subject to his administration.

1989, c. 54, s. 10.

11. The Public Curator may, in writing and to the extent he indicates, authorize a natural or legal person, other than a member of his personnel, to carry out any duties necessary or useful for the administration of this Act.

The authorization must be signed by the Public Curator or, on his behalf, by a person authorized by him therefor; the authorization may be revoked in the same manner at any time.

1989, c. 54, s. 11.

CHAPTER II POWERS

DIVISION I GENERAL PROVISIONS

12. The Public Curator has the powers conferred on him by the Civil Code, this Act or any other Act.

The Public Curator is responsible, in particular, for

(1)  supervision of the administration of tutorships and curatorships to persons of full age, of certain tutorships to minors and of tutorships to absentees;

(2)  tutorships, curatorships or other duties related to the administration of the property of others, where such duties are assigned to him by a court;

(3)  tutorship to property of minors and tutorship or curatorship to persons of full age under protective supervision who are not already provided with a tutor or a curator.

Certain powers set out in this Act are exercised, however, by the Minister of Revenue, in particular with regard to the provisional administration of property under Division V of Chapter II.

1989, c. 54, s. 12; 1997, c. 80, s. 2; 2005, c. 44, s. 36.

DIVISION II INTERVENTIONS PERTAINING TO PROTECTIVE SUPERVISION

13. The Public Curator may intervene in any proceedings pertaining

(1)  to the institution of protective supervision of a person of full age,

(2)  to the homologation or revocation of a mandate given by any person in anticipation of his incapacity,

(3)  to the physical integrity of a person of full age unable to give consent who is not already provided with a tutor, curator or mandatary,

(4)  to the replacement of the tutor or curator of a minor or of a person of full age who is under protection or of the tutor to an absentee.

1989, c. 54, s. 13; 1992, c. 57, s. 552; 1997, c. 80, s. 3.

14. The Public Curator, upon receiving a report from the executive director of an institution governed by the Act respecting health services and social services (chapter S‐4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S‐5) setting forth the inability of a person of full age to care for himself or to administer his property, may take, within a reasonable time, any appropriate measure including the calling of a meeting of relatives, persons connected by marriage or a civil union and friends of the person of full age, in order to establish his condition, the nature and extent of his needs and faculties and his other circumstances. The Public Curator, where he believes it expedient to apply for the institution of protective supervision, may transmit his recommendation to the clerk of the Superior Court with a statement of the measures he has taken, and propose a person able to assist or represent the person of full age and who consents to do so. He shall then file the report of disability in the office of the court and notify the persons qualified to apply for the institution of protective supervision that the report has been filed.

1989, c. 54, s. 14; 1992, c. 21, s. 143, s. 375; 1994, c. 23, s. 23; 1997, c. 75, s. 44; 1997, c. 80, s. 4; 2002, c. 6, s. 235.

DIVISION III REPRESENTATION AND DELEGATION

15. In exercising a tutorship or curatorship, the Public Curator shall seek a tutor or a curator to replace him and, where applicable, may assist a person in obtaining appointment as such.

The Public Curator may take any necessary or useful measure in seeking a tutor or curator and, in particular, call a meeting of relatives, persons connected by marriage or a civil union and friends of the disabled person.

1989, c. 54, s. 15; 2002, c. 6, s. 235.

16. (Repealed).

1989, c. 54, s. 16; 1992, c. 21, s. 144, s. 375; 1992, c. 57, s. 553.

17. The person to whom the performance of certain duties of tutorship or curatorship to a person of full age is delegated must, so far as possible, maintain a personal relationship with the person of full age, obtain his opinion, where applicable, and keep him informed of the decisions taken in his regard.

1989, c. 54, s. 17; 1992, c. 57, s. 554.

17.1. The minister responsible for the administration of this Act shall appoint a committee to advise the Public Curator on the protection and representation of incapable or protected persons.

1999, c. 30, s. 3; 2005, c. 24, s. 33.

17.2. The committee on protection and representation of incapable or protected persons shall be composed of six persons who are not members of the personnel of the Public Curator.

The members of the committee shall be appointed for a term of not over three years. At the end of their term, the members of the committee shall remain in office until they are reappointed or replaced.

The committee shall meet at least twice each year. The quorum of the committee shall be four members.

1999, c. 30, s. 3.

17.3. The members of the committee shall receive no remuneration except in such cases, on such conditions and to such extent as the Government may determine. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.

1999, c. 30, s. 3.

17.4. The Public Curator shall make available to the members of the committee all documents relevant to the carrying out of their mandate.

1999, c. 30, s. 3.

18. To the extent that article 258 of the Civil Code is not applicable to a person who is in Québec without being domiciled there, the court may designate the Public Curator to act temporarily as curator, tutor or adviser until the person is taken in charge in accordance with the laws of his domicile.

1989, c. 54, s. 18; 1992, c. 57, s. 555.

19. Where a person who is represented by the Public Curator or whose property is administered by the Public Curator no longer ordinarily resides in Québec, the Public Curator may apply to the court to be relieved of the office of tutor or curator.

The court shall grant the application only where the Public Curator proves that the person concerned is legally represented in accordance with the laws of his usual place of residence.

1989, c. 54, s. 19.

DIVISION IV SUPERVISION

20. The Public Curator, in exercising his powers of supervision over the administration of tutorships and curatorships, shall inform any tutor or curator who so requires of the manner of fulfilling his obligations.

Tutors and curators shall transmit to the Public Curator, within two months of the institution of tutorship or curatorship, a copy of the inventory of the property entrusted to their administration, made in accordance with Title VII of Book IV of the Civil Code respecting the administration of the property of others; they shall also transmit an annual report of their administration, a copy of the periodic report on the assessment of disability of the person of full age at the end of each year in which it must be made, and a copy of their rendering of accounts.

1989, c. 54, s. 20; 1997, c. 80, s. 6.

21. The Public Curator may require that the books and accounts relating to property administered by a tutor or curator be examined by an accountant if the value of the administered property exceeds $100,000, or if there is a serious ground to believe that the person represented may suffer damage by reason of the administration of the tutor or curator.

1989, c. 54, s. 21.

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.

23. The Public Curator, instead of applying for the replacement of a tutor or curator or the revocation of a mandate, may accept, according to the terms and conditions he indicates, any voluntary undertaking by the representative or mandatary to remedy his default, if any, and, to fulfil thenceforth, the obligations inherent in his office which he has failed to perform or has performed improperly.

1989, c. 54, s. 23.

DIVISION V PROVISIONAL ADMINISTRATION OF PROPERTY

§ 1 . — General provisions

1997, c. 80, s. 7.

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.

§ 2 . — Provisions specific to unclaimed property

1997, c. 80, s. 9.

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.

24.2. An interested party is deemed to be domiciled in Québec if the party’s last known address was in Québec or, where the address is unknown, if the act constituting the party’s rights was made in Québec.

1997, c. 80, s. 9.

24.3. The property referred to in section 24.1 is also considered to be unclaimed if the property is situated in Québec and the law of the place of domicile of the interested party does not provide for provisional administration.

1997, c. 80, s. 9.

25. (Repealed).

1989, c. 54, s. 25; 1997, c. 80, s. 10.

26. A debtor or holder of property that becomes unclaimed property within the meaning of this Act shall, within six months preceding the latest date by which the property must be transferred to the Minister of Revenue pursuant to section 26.1, give the interested party at least three months’ written notice describing the property and indicating to the interested party that the property will be transferred to the Minister of Revenue if it is not claimed within the allotted time.

The debtor or holder is not, however, required to give the notice if the debtor or holder cannot, by reasonable means, ascertain the interested party’s address, if the value of all the property not claimed by the interested party is less than $100, or in other cases determined by regulation.

1989, c. 54, s. 26; 1997, c. 80, s. 11; 2005, c. 44, s. 37.

26.1. Every debtor or holder shall, once a year, transfer to the Minister of Revenue any property that has remained unclaimed after notices were given to interested parties, and any unclaimed property for which a notice was not required.

In addition, the debtor or holder shall file with the Minister of Revenue, at the time the property is transferred, a statement containing a description of the property and all information necessary, as prescribed by regulation, to determine the identity of the interested parties, their place of domicile and the nature and source of their rights. The statement must contain a declaration by the debtor or holder that the required notice was given to the interested parties or indicate, where such notice was not required, the reasons why it was not required.

In addition to the information required of the debtor or holder, the regulation shall prescribe the form of the statement describing the property transferred and require any document in support of the statement. The regulation may determine the procedure pertaining to the transfer of the property and the filing of the related statement; the regulation may also determine, according to classes of debtors or holders, the yearly period during which property must be transferred and statements filed.

1997, c. 80, s. 11; 2005, c. 44, s. 37.

26.2. No debtor or holder is exempt from the obligation to provide the information or documents required pursuant to section 26.1 by reason of the fact that the information or documents is protected by professional secrecy.

Where, however, the debtor or holder files with the Minister of Revenue a written statement that such information or documents is protected by professional secrecy, the Minister of Revenue may only, for the purposes of sections 32 and 54, release the identity and professional domicile of the debtor or holder and indicate in general terms the source of the rights involved, in particular the trust account of the debtor or holder.

1997, c. 80, s. 11; 2005, c. 44, s. 37.

26.3. Personal information concerning an interested party released pursuant to section 26.1 shall be released in such a manner as to preserve its confidentiality. Such information shall, for the purposes of the Act respecting the protection of personal information in the private sector (chapter P‐39.1), be deemed to have been required by the Minister of Revenue within the meaning of subparagraph 4 of the first paragraph of section 18 of that Act.

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2006, c. 22, s. 177.

26.4. The debtor or holder owes interest on unclaimed property or the value thereof from the latest date by which the debtor or holder is required to transfer the property to the Minister of Revenue.

The interest shall be paid according to the terms and conditions prescribed by regulation, at the rate fixed for claims of the State under section 28 of the Act respecting the Ministère du Revenu (chapter M-31); interest shall be capitalized daily.

1997, c. 80, s. 11; 2005, c. 44, s. 37.

26.5. A debtor or holder may not require from the interested party the payment of any charge except a charge the amount of which is expressly stipulated in the act constituting the interested party’s rights or a charge the debtor or holder is otherwise authorized by law to claim.

The debtor or holder is entitled, upon transferring unclaimed property to the Minister of Revenue, to the repayment of such charges, and may deduct the charges from the amounts the debtor or holder is required to transfer to the Minister of Revenue.

1997, c. 80, s. 11; 2005, c. 44, s. 37.

26.6. The obligation imposed on the debtor or holder of unclaimed property to transfer the property to the Minister of Revenue shall not be lessened or altered by any prescription having run in favour of the debtor or holder during the time required for the property to be considered to be unclaimed within the meaning of this Act; no such prescription may be set up against the Minister of Revenue.

1997, c. 80, s. 11; 2005, c. 44, s. 37.

26.7. Every debtor or holder of unclaimed property must keep in the establishment of the debtor or holder an up-to-date list of the property containing the name and last known address of the interested parties and, where applicable, the date on which the property was transferred to the Minister of Revenue.

All entries relating to unclaimed property must remain on that list for a period of 10 years.

1997, c. 80, s. 11; 2005, c. 44, s. 37.

26.8. Every debtor or holder is relieved of all liability towards any interested party for injury that may result from the performance of the obligations that this Act imposes on the debtor or holder in relation to unclaimed property.

1997, c. 80, s. 11.

26.9. The rules contained in this subdivision apply to the Government, to government departments and bodies and to any legal person established in the public interest, whether they have rights to assert in property to which this subdivision applies or are debtors or holders.

The departments and budget-funded bodies referred to in section 2 of the Financial Administration Act (chapter A‐6.001) are, however, exempted, if the property they owe or hold consists of sums of money, from transferring those sums to the Minister of Revenue.

1997, c. 80, s. 11; 2000, c. 15, s. 98; 2005, c. 44, s. 37.

DIVISION VI INQUIRY AND INSPECTION

1997, c. 80, s. 12.

27. The Public Curator may, of his own initiative or on request, hold an inquiry relating to the persons he represents, the property he administers or that should be entrusted to his administration and, generally, to any minor or to any person under protective supervision; he may, in the same manner, hold an inquiry relating to any person who is unable whose care or the administration of whose property have been entrusted to a mandatary.

The Public Curator and any person specially authorized by the Public Curator to hold an inquiry have, for the purposes of the inquiry, the powers and immunity conferred on commissioners appointed under the Act respecting public inquiry commissions (chapter C‐37), except the power to order imprisonment.

1989, c. 54, s. 27; 1997, c. 80, s. 13.

27.1. The Minister of Revenue may authorize any person to act as an inspector to determine whether the provisions of this Act relating to unclaimed property are being complied with.

A person authorized to act as an inspector may

(1)  enter, at any reasonable time, the establishment of a debtor or holder of unclaimed property or any other place where such property is kept on behalf of the debtor or holder;

(2)  require the persons present to provide any information concerning the unclaimed property or the interested parties, and to produce any book, register, account, record or other related document;

(3)  examine and make copies of documents containing information relating to the unclaimed property or the interested parties.

Every person who has custody, possession or control of the documents referred to in this section must, on request, give access to them to the person conducting the inspection and facilitate their examination.

1997, c. 80, s. 14; 2005, c. 44, s. 37.

28. Notwithstanding section 19 of the Act respecting health services and social services (chapter S‐4.2) and section 7 of the Act respecting health services and social services for Cree Native persons (chapter S‐5), the Public Curator or any person authorized by him may, at any reasonable time or at any time in case of urgency, enter a facility maintained by an institution governed, as the case may be, by either of those Acts to consult, on the premises, the record of the case of a person who is unable or a protected person and make copies of the record.

The institution shall send a copy of the record to the Public Curator on request.

1989, c. 54, s. 28; 1992, c. 21, s. 145, s. 375; 1994, c. 23, s. 23; 1997, c. 80, s. 15.

28.1. The persons authorized to act under sections 27.1 and 28 must, on request, identify themselves and produce a certificate of their authorization.

The persons authorized may not be prosecuted for anything done in good faith in the exercise of their functions.

1997, c. 80, s. 16; 2005, c. 44, s. 38.

CHAPTER III ADMINISTRATION

DIVISION 0.1 GENERAL PROVISION

1997, c. 80, s. 17.

28.2. The rules of this chapter apply subject to the provisions of any other Act requiring the Public Curator to apply other rules for the administration of property entrusted to the Public Curator.

1997, c. 80, s. 17.

DIVISION I GENERAL RULES GOVERNING ADMINISTRATION

29. Upon being entrusted with the administration of property, the Public Curator, as the administrator of the property of others, shall make an inventory in accordance with Title VII of Book IV of the Civil Code respecting the administration of the property of others.

The inventory shall be made in a private writing; one of the witnesses shall, where possible, be a member of the family, a relative or a person connected with the owner of the property.

A statement sent to the Minister of Revenue by a debtor or holder of unclaimed property pursuant to section 26.1 shall stand in lieu of an inventory of the property described in the statement, subject to the Minister of Revenue being satisfied of the accuracy of the statement.

1989, c. 54, s. 29; 1992, c. 57, s. 557; 1997, c. 80, s. 18; 2005, c. 44, s. 37.

30. The Public Curator has the simple administration of the property entrusted to him unless the law provides otherwise.

The Public Curator is not, however, required to preserve in kind property over which the Public Curator has provisional administration.

1989, c. 54, s. 30; 1997, c. 80, s. 19.

31. The Public Curator must, with regard to every immovable entrusted to his administration, publish his capacity as administrator in the land register. From the time of publication, the registrar is bound to inform the Public Curator by way of a written notice of any subsequent registration made in respect of any such immovable.

The registration of the Public Curator’s capacity as administrator is obtained upon presentation of a notice describing the immovable concerned. The cancellation of such registration is obtained upon presentation of a certificate of the Public Curator attesting that he has terminated his administration.

1989, c. 54, s. 31; 1997, c. 80, s. 20; 2000, c. 42, s. 154.

32. When the Minister of Revenue acts as provisional administrator of property, except property referred to in subparagraph 5 of the first paragraph of section 24, he shall promptly make known his quality, by notice published once in the Gazette officielle du Québec and in a French language newspaper and an English language newspaper circulated in the locality where the property was situated at the time he became the administrator thereof.

Where the property under the provisional administration of the Minister of Revenue is property unclaimed by an interested party who was domiciled or was deemed to be domiciled in Québec at the time the Minister of Revenue became the administrator of the property, the notice must also be published in a newspaper circulated in the locality where the last known address of the interested party is situated, or in the locality where the act constituting the interested party’s rights was made, if the locality is not the locality where the property was located.

1989, c. 54, s. 32; 1997, c. 80, s. 21; 2005, c. 44, s. 37.

33. The property of which the administration is entrusted to the Public Curator must not be commingled with that of the State.

1989, c. 54, s. 33.

DIVISION II SPECIAL RULES GOVERNING ADMINISTRATION

34. Where the rules of administration of the property of others provide that the person represented shall or may give his consent to an act, obtain advice or be consulted, the person having parental authority or the spouse or, where both persons fail or are unable to act, a close relative or any person showing a special interest in the person represented shall act on his behalf. In any other case, the authorization of the court shall be required.

The Public Curator may apply to the court for a review of the decision made by the person authorized to decide on behalf of the minor or the person of full age under tutorship or curatorship within 10 days from the day on which the Public Curator is notified of the decision.

1989, c. 54, s. 34; 1992, c. 57, s. 558.

35. The Public Curator may borrow, without authorization of the court, on the security of the property included in the patrimony he administers, the sums necessary to maintain an immovable in good repair and to discharge the encumbrances affecting it.

1989, c. 54, s. 35.

36. The Public Curator may, without authorization of the court, demand partition, take part therein or transact if the value of the concessions made by him, if any, does not exceed $5,000.

1989, c. 54, s. 36.

37. In the case of the alienation by onerous title by the Public Curator of property referred to in section 24 of this Act, in article 699 of the Civil Code or in any legislative provision under which the Public Curator is charged with acting as tutor, curator, liquidator or administrator of the property of another, authorization of the court is not required unless the value of the property exceeds $25,000.

To determine the value of an immovable for the purposes of this section, the value entered on the assessment roll of the municipality is multiplied by the factor established for that roll by the Minister of Municipal Affairs and Regions under the Act respecting municipal taxation (chapter F‐2.1).

1989, c. 54, s. 37; 1997, c. 80, s. 22; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196.

38. For the performance of the acts described in sections 35 to 37 of this Act, the Public Curator is not required to comply with the formalities prescribed in articles 1303 and 1305 of the Civil Code or in section 34 of this Act.

Authorizations of the court provided for in this division shall be obtained in accordance with the rules prescribed in the Code of Civil Procedure (chapter C-25) in respect of non-contentious matters.

1989, c. 54, s. 38; 1992, c. 57, s. 559.

39. During his administration, the Public Curator must, once each year, at the request of a minor or a person of full age who is represented, a close relative or a person showing a special interest in the minor or person of full age, render a summary account of his administration.

In no case shall the Public Curator be required to provide security.

1989, c. 54, s. 39; 1992, c. 57, s. 560.

DIVISION III END OF ADMINISTRATION

40. The administration of the Public Curator or of the Minister of Revenue ceases by operation of law

(1)  when the tutorship or curatorship ends, or when a judgment orders the appointment of another tutor or curator;

(2)  when the absentee returns, the administrator designated by the absentee appears, a tutor is appointed to the property of the absentee or a judgment declares the absentee dead;

(3)  when 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;

(4)  in all other cases in which an interested party comes forward to claim the property under the administration of the Public Curator, or in which another administrator is appointed with respect to the property administered.

The administration of the Minister of Revenue also ceases by operation of law, in the absence of any beneficiary of the administration and in all cases in which the property is administered on behalf of the State, once the liquidation of the property by the Minister of Revenue has ended and all the operations to ensure the transfer of the sums of money administered or deriving from the liquidation have been completed.

1989, c. 54, s. 40; 1992, c. 57, s. 561; 1994, c. 29, s. 2; 1997, c. 80, s. 23; 2005, c. 44, s. 39.

41. The Public Curator shall, on the termination of the Public Curator’s administration, render an account of it and transfer the property to the persons entitled thereto.

Where the administration of the Minister of Revenue ceases in circumstances described in the second paragraph of section 40, the rendering of account shall be effected, and the sums of money remaining upon the termination of the administration shall be transferred, to the Minister of Finance in the manner prescribed by regulation.

1989, c. 54, s. 41; 1997, c. 80, s. 24; 2005, c. 44, s. 37.

41.1. All sums of money transferred to the Minister of Finance become property of the State.

A person who has a right in a sum of money so transferred to the Minister of Finance, or in the property from the liquidation of which the sums of money derive, may recover the sums of money from the Minister of Revenue, with interest calculated at the rate fixed by regulation from the date of transfer. Subject to the provisions of the Civil Code relating to the petition of inheritance, the right is not subject to prescription, except where it relates to a sum of money amounting to less than $500 at the time of transfer to the Minister of Finance, in which case the right to recover the sum of money is prescribed 10 years after the date of transfer.

The Minister of Finance is authorized to take the sums required to make the payments under the second paragraph out of the sums transferred to the Minister under the first paragraph and, if these are insufficient, out of the consolidated revenue fund.

On the conditions and to the extent the Government determines on the joint recommendation of the Minister of Revenue and the Minister of Finance, the Minister of Finance pays into the Generations Fund referred to in the Act to reduce the debt and establish the Generations Fund (chapter R-2.2.0.1) the sums transferred under the first paragraph, minus those required to make payments to the persons with rights under the second paragraph.

1997, c. 80, s. 25; 2005, c. 44, s. 37; 2006, c. 24, s. 13.

42. The Public Curator shall continue his administration after the death of the person he represents or whose property he administers until he is notified, by registered or certified mail, that the liquidator of the succession accepts his duties or, failing a liquidator of the succession, the heirs accept the succession. Failing notification of such acceptance within six months from the opening of the succession, the succession devolves on the State.

The Public Curator shall, where required, take any measures necessary for the interment or cremation of the body of the deceased person, at the expense of the succession and with respect for the religious principles of the deceased person.

1989, c. 54, s. 42; 1997, c. 80, s. 26.

42.1. It is incumbent upon persons who come forward to claim property or recover a sum of money from the Public Curator to establish their quality.

1997, c. 80, s. 27.

DIVISION IV ADMINISTERED PATRIMONY

43. The Public Curator shall maintain a separate administration and accounting in respect of each patrimony of which he has the administration. He shall be liable for the debts relating to any patrimony he administers only to the extent of the value of the property of the patrimony.

1989, c. 54, s. 43.

44. The Public Curator may, under conditions set out in an investment policy established after consultation with the investment committee referred to in section 46, constitute joint portfolios with the available moneys that derive from the property administered by the Public Curator

The Public Curator shall manage the portfolios so constituted in accordance with the rules of the Civil Code relating to investments presumed sound. The Public Curator may, nevertheless, make investments to bearer, provided they are investments presumed sound within the meaning of article 1339 of the Civil Code.

1989, c. 54, s. 44; 1992, c. 57, s. 562; 1994, c. 29, s. 3; 1999, c. 30, s. 4.

44.1. Notwithstanding section 44, the Public Curator may entrust the management of the joint portfolios to the Caisse de dépôt et placement du Québec or to a subsidiary all the voting shares of which are held by the Caisse de dépôt et placement du Québec.

In that case, the management of the portfolios shall be governed solely by the investment policy established by the Public Curator, which may depart from the rules of the Civil Code relating to investments presumed sound.

1999, c. 30, s. 4.

45. At least twice a year, the Public Curator shall credit the account of each person whose property he administers with the revenues of the joint portfolios according to the value of the person’s interest in each portfolio.

1989, c. 54, s. 45; 1994, c. 29, s. 4; 1999, c. 30, s. 5.

46. The minister responsible for the administration of this Act shall appoint a committee to advise the Public Curator on investment of the property under his joint administration.

1989, c. 54, s. 46; 1997, c. 80, s. 28; 2005, c. 24, s. 33.

47. The members of the committee are appointed for a term of not over three years. At the expiry of their term, they remain in office until they are reappointed or replaced.

1989, c. 54, s. 47.

48. The members of the committee receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. However, they are entitled to reimbursement of expenses incurred in the discharge of their duties, on the conditions and to the extent determined by the Government.

1989, c. 54, s. 48.

49. The Public Curator must make a report of his investment portfolio to the committee at least four times a year.

1989, c. 54, s. 49.

CHAPTER IV RECORDS AND REGISTERS

50. The Public Curator shall keep a record in respect of each person he represents or whose property he administers.

1989, c. 54, s. 50.

51. The record of a person represented by the Public Curator or whose property is administered by him shall be confidential.

1989, c. 54, s. 51.

52. No person may acquaint himself with any record kept by the Public Curator in respect of a person represented by him or whose property he administers, or receive written or oral communication thereof or otherwise have access thereto except

(1)  the personnel of the Public Curator in the performance of their duties;

(2)  the person the Public Curator represents or has represented and the person whose property he administers or their successors or heirs;

(3)  the person having parental authority in respect of the person represented by the Public Curator, with the authorization of the Public Curator;

(4)  the spouse, close relative, relative by marriage or a civil union, any other person who has shown special interest in the person of full age or the person delegated by the Public Curator, with the authorization of the Public Curator;

(5)  the Public Protector.

Notwithstanding the foregoing, at the request of any interested person, the Public Curator may certify that a person is a minor or under protected supervision, and indicate the name of the tutor or curator.

1989, c. 54, s. 52; 1999, c. 40, s. 99; 2002, c. 6, s. 235.

53. The Public Curator may refuse, for the moment, to release to a person he represents personal information of a medical or social nature concerning him or contained in his file where, in the opinion of the attending physician, serious damage to his health would likely result therefrom. The Public Curator, on the recommendation of the attending physician, shall determine when it will be possible to release the information and notify the person who applied therefor.

1989, c. 54, s. 53; 2006, c. 22, s. 177.

54. The Public Curator shall keep a register of tutorships to minors, a register of tutorships and curatorships to persons of full age, a register of homologated mandates in anticipation of the inability of the mandator and a register of property under provisional administration other than that provided for in subparagraph 5 of the first paragraph of section 24.

The registers shall contain only the information prescribed by regulation. Such information is public; it shall be kept in the register until the administration of the Public Curator ceases or, where the administration ceases in the circumstances described in the second paragraph of section 40, until the expiry of the period prescribed by regulation.

1989, c. 54, s. 54; 1992, c. 57, s. 563; 1997, c. 80, s. 29.

CHAPTER V FINANCING

55. In addition to the reimbursement of expenses incurred, the Public Curator may require fees for representing persons, for administering property entrusted to the Public Curator, for supervising tutorships or curatorships and for performing other duties assigned by law to the Public Curator. The fees are established by regulation.

However, the fees relating to property the administration of which terminates in the circumstances described in the second paragraph of section 40, and the nature and amount of the expenses that may be required in connection with such property, shall be established by government order on the recommendation of the Minister of Revenue and the Minister of Finance.

1989, c. 54, s. 55; 1992, c. 57, s. 564; 1997, c. 80, s. 30; 2005, c. 24, s. 33; 2005, c. 44, s. 40.

56. (Repealed).

1989, c. 54, s. 56; 1994, c. 29, s. 5; 1999, c. 30, s. 6.

57. The Public Curator may charge interest at the rate determined by regulation on any amount advanced to the account of a patrimony he administers.

1989, c. 54, s. 57; 1999, c. 30, s. 7.

58. Expenditures made by the Public Curator for the purposes of this Act shall be charged to the appropriations voted each year for such purposes by Parliament.

The fees, interest and other sums collected by the Public Curator under sections 55 and 57 shall be paid into the Consolidated Revenue Fund and shall, for all purposes, constitute appropriations for the fiscal year in which they are so paid, on the conditions and to the extent determined by the Government.

1989, c. 54, s. 58; 1997, c. 80, s. 31; 1999, c. 30, s. 8.

58.1. (Repealed).

1997, c. 80, s. 31; 1999, c. 30, s. 9.

59. (Repealed).

1989, c. 54, s. 59; 1994, c. 29, s. 6; 1997, c. 80, s. 32; 1999, c. 30, s. 10.

59.1. (Repealed).

1997, c. 80, s. 32; 1999, c. 30, s. 11.

60. (Repealed).

1989, c. 54, s. 60; 1994, c. 29, s. 7; 1997, c. 80, s. 33.

61. (Repealed).

1989, c. 54, s. 61; 1997, c. 80, s. 34; 1999, c. 30, s. 12.

62. (Repealed).

1989, c. 54, s. 62; 1992, c. 57, s. 565; 1994, c. 29, s. 8; 1997, c. 80, s. 35.

63. (Repealed).

1989, c. 54, s. 63; 1999, c. 30, s. 13.

64. (Repealed).

1989, c. 54, s. 64; 1997, c. 80, s. 36; 1999, c. 30, s. 14.

65. (Repealed).

1989, c. 54, s. 65; 1991, c. 72, s. 6; 1994, c. 18, s. 34; 1999, c. 30, s. 15.

CHAPTER VI BOOKS, ACCOUNTS AND REPORTS

66. The books and accounts relating to the property administered by the Public Curator shall be audited each year by the Auditor General and whenever so ordered by the Government.

The report of the Auditor General must accompany the report of activities and the financial statements of the Public Curator.

1989, c. 54, s. 66; 1999, c. 30, s. 16.

67. The Public Curator must, not later than 30 June each year, file with the minister responsible for the administration of this Act his financial statements and a report of activities for the preceding fiscal year.

The financial statements and report of activities must contain all the information required by the Minister.

1989, c. 54, s. 67; 1997, c. 80, s. 37; 1999, c. 30, s. 17; 2005, c. 24, s. 33.

67.0.1. The minister responsible for the administration of this Act shall table the report of activities and the financial statements of the Public Curator in the National Assembly within 30 days of receiving them or, if the Assembly is not in session, within 30 days of resumption.

1999, c. 30, s. 17; 2005, c. 24, s. 33.

67.1. (Repealed).

1997, c. 80, s. 38; 1999, c. 30, s. 18.

67.2. (Repealed).

1997, c. 80, s. 38; 1999, c. 30, s. 18.

67.3. (Repealed).

1997, c. 80, s. 38; 1999, c. 30, s. 18.

67.4. (Repealed).

1997, c. 80, s. 38; 1999, c. 30, s. 18.

CHAPTER VII REGULATIONS

68. In addition to the regulatory powers otherwise conferred on it by this Act, the Government may, by regulation,

(1)  (paragraph repealed);

(2)  determine the information to be provided to the Public Curator, pursuant to section 14, by the executive director or the director of professional services of an institution contemplated in that section;

(3)  determine the form and content of the reports transmitted by tutors and curators;

(4)  determine the information the Minister of Revenue may require to establish those cases in which he becomes provisional administrator under section 24 or under any other provision of law;

(4.1)  determine the amounts payable under a pension or retirement contract or plan within the meaning of paragraph 9 of section 24.1;

(5)  determine the form and content of the account that must be rendered by the Public Curator pursuant to section 41;

(6)  determine the information to be entered in the registers;

(7)  fix the tariff of fees which the Public Curator may charge for the representation of persons, for the administration of the property entrusted to him or for his supervision of tutorships, curatorships or for the performance of the other functions assigned to him by law;

(8)  (paragraph repealed);

(9)  determine the rates of interest to be charged for amounts of money advanced by the Public Curator;

(10)  (paragraph repealed);

(10.1)  (paragraph repealed);

(10.2)  (paragraph repealed);

(11)  (paragraph repealed);

(12)  determine the main place where the Public Curator shall perform his duties.

1989, c. 54, s. 68; 1991, c. 72, s. 7; 1992, c. 21, s. 146; 1992, c. 57, s. 566; 1994, c. 18, s. 35; 1994, c. 29, s. 9; 1997, c. 80, s. 39; 1999, c. 30, s. 19; 2005, c. 44, s. 37.

CHAPTER VIII PENAL PROVISIONS

69. Every person who contravenes any provision of sections 26, 26.1, 26.5 and 26.7 is guilty of an offence and liable to a fine of not over $5,000 and, for a second or subsequent conviction, to a fine of not over $15,000.

1989, c. 54, s. 69; 1997, c. 80, s. 40.

69.1. Any person who hinders the actions of the Public Curator, of the Minister of Revenue or of a person authorized by either of them in the exercise of a power conferred by section 27.1 or 28 is guilty of an offence and is liable to a fine of $1,000 to $2,000 for a first offence and of $2,000 to $5,000 for any subsequent offence.

1997, c. 80, s. 41; 2005, c. 44, s. 41.

70. Any tutor or curator who contravenes the second paragraph of section 20 or who neglects or refuses to have his books and accounts audited where required in accordance with section 21 is guilty of an offence and liable to a fine of not over $1,000 and, for a second or subsequent conviction, to a fine of not over $2,500.

1989, c. 54, s. 70.

71. (Repealed).

1989, c. 54, s. 71; 1992, c. 61, s. 252.

CHAPTER IX MISCELLANEOUS PROVISIONS

72. The Public Curator may appear before the courts.

He may, for the purposes of Book VIII of the Code of Civil Procedure (chapter C-25) and of the Act respecting the Régie du logement (chapter R-8.1), whether as plaintiff or defendant, appear before the court himself or be represented before it by a member of his staff or by any other person he authorizes in writing. In the case of the recovery of small claims, he shall not be represented by a lawyer or a claims agent, except where permitted by the Code of Civil Procedure.

1989, c. 54, s. 72.

73. Every service of court proceedings on the Public Curator shall be made at the main place in which he performs his duties.

The clerk of the court shall transmit to the Public Curator, without delay and free of charge, a copy of any judgment relating to the patrimonial interests of a minor or person of full age under tutorship or curatorship, and of any transaction made within the scope of proceedings to which the tutor or curator is a party in such quality.

1989, c. 54, s. 73.

74. The judge shall, upon motion by the Public Curator or the Minister of Revenue, suspend for a period not exceeding 30 days, any judicial proceedings taken against the mover or any person represented by him or whose property he administers, or relating to property administered by the Minister of Revenue under section 24, to prepare the defence.

1989, c. 54, s. 74; 2005, c. 44, s. 42.

75. Every document signed by the Public Curator shall be prima facie evidence of its contents, without it being necessary to prove his signature and authority.

When written declarations are to be sworn to by the Public Curator, they may be sworn to under his oath of office.

1989, c. 54, s. 75.

75.1. The Public Curator may enter into agreements with the Minister of Finance relating to the management of property belonging to the State.

The Public Curator may also enter into an agreement concerning the administration of this Act with any person, partnership or association or with the Government, a government department or a government body.

1994, c. 29, s. 10; 1997, c. 80, s. 42.

76. The Public Curator and the Minister of Revenue may, according to law, enter into an agreement with a government other than the Gouvernement du Québec or with a department or body of that government, for the administration of this Act or a similar Act, or an Act relating wholly or partly to the provisional administration of property under the administration of that government, department or body.

The object of the agreements entered into by the Minister of Revenue may, in particular, concern the delegation to the Minister of the administration of property that has not been claimed by its owner or other interested parties who are domiciled or are deemed to be domiciled in Québec pursuant to this Act.

1989, c. 54, s. 76; 1997, c. 80, s. 43; 2005, c. 44, s. 43.

76.1. Sections 10, 11, 27 and 28.2, the first and second paragraphs of section 29, sections 30, 31, 33 and 35 to 38, the first paragraph of section 41, the first paragraph of section 41.1, sections 42 to 44.1, 46 to 52, 54, the first paragraph of section 55, sections 57, 58 and 66, paragraphs 5, 6, 7 and 9 of section 68, sections 75 and 75.1, the second paragraph of section 204 and the regulations made under this Act and relating to the administration of property apply, with the necessary modifications, to the provisional administration of property entrusted to the Minister of Revenue under this Act.

2005, c. 44, s. 44.

76.2. A civil proceeding by the Minister of Revenue or against the Minister of Revenue or the Government in relation to the provisional administration of property entrusted to the Minister of Revenue by law is instituted in the name of the Deputy Minister of Revenue, despite any inconsistent provision.

A penal proceeding for an offence under section 69 or 69.1 may be instituted by the Deputy Minister of Revenue.

Sections 72.4 and 77 of the Act respecting the Ministère du Revenu (chapter M‐31) and the second and third paragraphs of section 93 of that Act apply to such a civil or penal proceeding, with the necessary modifications.

2005, c. 44, s. 44.

76.3. Proceedings, including judgments, to which the Public Curator is a party on 31 March 2006 in relation to the provisional administration of property entrusted to the Minister of Revenue by law are continued after that date by the Minister of Revenue, without continuance of suit.

2005, c. 44, s. 44.

76.4. In any contract, agreement, accord, order in council or other document relating to the provisional administration of property entrusted to the Minister of Revenue by law, the exercise of the rights and the performance of the obligations of the Public Curator in that respect are continued, from 1 April 2006, by the Minister of Revenue.

2005, c. 44, s. 44.

77. The Minister of Families, Seniors and the Status of Women is responsible for the administration of this Act, except for the provisions relating to the provisional administration of property provided for in Division V of Chapter II, the third paragraph of section 12, section 27.1, the third paragraph of section 29, section 32, subparagraphs 3 and 4 of the first paragraph and the second paragraph of section 40, the second paragraph of section 41, the second and third paragraphs of section 41.1, the second paragraph of section 55, paragraphs 4 and 4.1 of section 68, section 69 and the second paragraph of section 76, the administration of which is entrusted to the Minister of Revenue.

1989, c. 54, s. 77; 1996, c. 21, s. 45; 2005, c. 24, s. 34; 2005, c. 44, s. 45.

The functions and responsibilities of the Minister of Families, Seniors and the Status of Women provided for in this Act are assigned to the Minister of Families. Order in Council 685-2010 dated 18 August 2010, (2010) 142 G.O. 2 (French), 3753.

78. (Omitted).

1989, c. 54, s. 78.

79. (Omitted).

1989, c. 54, s. 79.

80. (Omitted).

1989, c. 54, s. 80.

81. (Omitted).

1989, c. 54, s. 81.

82. (Omitted).

1989, c. 54, s. 82.

83. (Omitted).

1989, c. 54, s. 83.

84. (Omitted).

1989, c. 54, s. 84.

85. (Omitted).

1989, c. 54, s. 85.

86. (Omitted).

1989, c. 54, s. 86.

87. (Omitted).

1989, c. 54, s. 87.

88. (Omitted).

1989, c. 54, s. 88.

89. (Omitted).

1989, c. 54, s. 89.

90. (Omitted).

1989, c. 54, s. 90.

91. (Omitted).

1989, c. 54, s. 91.

92. (Omitted).

1989, c. 54, s. 92.

93. (Omitted).

1989, c. 54, s. 93.

94. (Omitted).

1989, c. 54, s. 94.

95. (Omitted).

1989, c. 54, s. 95.

96. (Omitted).

1989, c. 54, s. 96.

97. (Omitted).

1989, c. 54, s. 97.

98. (Omitted).

1989, c. 54, s. 98.

99. (Omitted).

1989, c. 54, s. 99.

100. (Omitted).

1989, c. 54, s. 100.

101. (Omitted).

1989, c. 54, s. 101.

102. (Omitted).

1989, c. 54, s. 102.

103. (Omitted).

1989, c. 54, s. 103.

104. (Omitted).

1989, c. 54, s. 104.

105. (Omitted).

1989, c. 54, s. 105.

106. (Omitted).

1989, c. 54, s. 106.

107. (Omitted).

1989, c. 54, s. 107.

108. (Omitted).

1989, c. 54, s. 108.

109. (Omitted).

1989, c. 54, s. 109.

110. (Omitted).

1989, c. 54, s. 110.

111. (Omitted).

1989, c. 54, s. 111.

112. (Omitted).

1989, c. 54, s. 112.

113. (Omitted).

1989, c. 54, s. 113.

114. (Omitted).

1989, c. 54, s. 114.

115. (Omitted).

1989, c. 54, s. 115.

116. (Omitted).

1989, c. 54, s. 116.

117. (Omitted).

1989, c. 54, s. 117.

118. (Omitted).

1989, c. 54, s. 118.

119. (Omitted).

1989, c. 54, s. 119.

120. (Omitted).

1989, c. 54, s. 120.

121. (Omitted).

1989, c. 54, s. 121.

122. (Omitted).

1989, c. 54, s. 122.

123. (Omitted).

1989, c. 54, s. 123.

124. (Omitted).

1989, c. 54, s. 124.

125. (Omitted).

1989, c. 54, s. 125.

126. (Omitted).

1989, c. 54, s. 126.

127. (Omitted).

1989, c. 54, s. 127.

128. (Omitted).

1989, c. 54, s. 128.

129. (Omitted).

1989, c. 54, s. 129.

AMENDMENTS TO THE CODE OF CIVIL PROCEDURE

130. (Amendment integrated into c. C-25, a. 4).

1989, c. 54, s. 130.

131. (Amendment integrated into c. C-25, a. 70).

1989, c. 54, s. 131.

132. (Amendment integrated into c. C-25, a. 70.2).

1989, c. 54, s. 132.

133. (Amendment integrated into c. C-25, a. 97).

1989, c. 54, s. 133.

134. (Amendment integrated into c. C-25, a. 483).

1989, c. 54, s. 134.

135. (Amendment integrated into c. C-25, a. 818.2).

1989, c. 54, s. 135.

136. (Amendment integrated into c. C-25, heading of Chapter VII of Book VI).

1989, c. 54, s. 136.

137. (Amendment integrated into c. C-25, a. 877).

1989, c. 54, s. 137.

138. (Amendment integrated into c. C-25, a. 877.1).

1989, c. 54, s. 138.

139. (Amendment integrated into c. C-25, a. 878).

1989, c. 54, s. 139.

140. (Amendment integrated into c. C-25, aa. 878.1-878.3).

1989, c. 54, s. 140.

141. (Amendment integrated into c. C-25, a. 879).

1989, c. 54, s. 141.

142. (Amendment integrated into c. C-25, a. 880).

1989, c. 54, s. 142.

143. (Amendment integrated into c. C-25, a. 881).

1989, c. 54, s. 143.

144. (Omitted).

1989, c. 54, s. 144.

145. (Amendment integrated into c. C-25, a. 883).

1989, c. 54, s. 145.

146. (Amendment integrated into c. C-25, a. 884).

1989, c. 54, s. 146.

147. (Amendment integrated into c. C-25, Section II and aa. 884.1-884.6).

1989, c. 54, s. 147.

CONCORDANCE AMENDMENTS

148. (Amendment integrated into c. A-2.1, s. 2.2).

1989, c. 54, s. 148.

149. (Amendment integrated into c. A-2.1, s. 4).

1989, c. 54, s. 149.

150. (Amendment integrated into c. A-2.1, s. 53).

1989, c. 54, s. 150.

151. (Amendment integrated into c. A-2.1, s. 123).

1989, c. 54, s. 151.

152. (Amendment integrated into c. A-2.1, s. 127).

1989, c. 54, s. 152.

153. (Amendment integrated into c. A-2.1, s. 128.1).

1989, c. 54, s. 153.

154. (Amendment integrated into c. A-23, s. 58).

1989, c. 54, s. 154.

155. (Inoperative, 1989, c. 15, s. 1).

1989, c. 54, s. 155.

156. (Amendment integrated into c. A-32, ss. 93.14, 93.79, 93.147, 93.229 and 174.8).

1989, c. 54, s. 156.

157. (Amendment integrated into c. B-1, s. 87).

1989, c. 54, s. 157.

158. (Amendment integrated into c. B-1, s. 122).

1989, c. 54, s. 158.

159. (Amendment integrated into c. B-1.1, s. 69).

1989, c. 54, s. 159.

160. (Amendment integrated into c. C-14, s. 91).

1989, c. 54, s. 160.

161. (Amendment integrated into c. C-38, s. 42).

1989, c. 54, s. 161.

162. (Amendment integrated into c. C-38, s. 123.10).

1989, c. 54, s. 162.

163. (Amendment integrated into c. C-38, s. 123.73).

1989, c. 54, s. 163.

164. (Amendment integrated into c. C-38, s. 140).

1989, c. 54, s. 164.

165. (Amendment integrated into c. C-67.2, ss. 44 and 202).

1989, c. 54, s. 165.

166. (Amendment integrated into c. C-74, s. 19).

1989, c. 54, s. 166.

167. (Amendment integrated into c. D-5, s. 24).

1989, c. 54, s. 167.

168. (Amendment integrated into c. D-15, s. 37).

1989, c. 54, s. 168.

169. (Amendment integrated into c. E-2.2, s. 47).

1989, c. 54, s. 169.

170. (Amendment integrated into c. E-2.2, s. 52).

1989, c. 54, s. 170.

171. (Amendment integrated into c. E-2.2, s. 518).

1989, c. 54, s. 171.

172. (Amendment integrated into c. E-2.2, s. 523).

1989, c. 54, s. 172.

173. (Amendment integrated into c. E-2.2, s. 528).

1989, c. 54, s. 173.

174. (Amendment integrated into c. E-2.2, s. 533).

1989, c. 54, s. 174.

175. (Amendment integrated into c. F-1, s. 39).

1989, c. 54, s. 175.

176. (Amendment integrated into c. I-3, s. 1049.12).

1989, c. 54, s. 176.

177. (Amendment integrated into c. M-42, s. 6.2).

1989, c. 54, s. 177.

178. (Amendment integrated into c. N-2, s. 15).

1989, c. 54, s. 178.

179. (Amendment integrated into c. N-2, s. 120).

1989, c. 54, s. 179.

180. (Amendment integrated into c. P-10, s. 29).

1989, c. 54, s. 180.

181. (Amendment integrated into c. P-41, s. 8).

1989, c. 54, s. 181.

182. (Amendment integrated into c. P-41, s. 9).

1989, c. 54, s. 182.

183. (Amendment integrated into c. P-41, s. 10).

1989, c. 54, s. 183.

184. (Amendment integrated into c. Q-1, s. 37).

1989, c. 54, s. 184.

185. (Amendment integrated into c. S-5, s. 8).

1989, c. 54, s. 185.

186. (Amendment integrated into c. S-5, s. 77).

1989, c. 54, s. 186.

187. (Amendment integrated into c. S-5, s. 86).

1989, c. 54, s. 187.

188. (Amendment integrated into c. S-5, s. 105).

1989, c. 54, s. 188.

189. (Amendment integrated into c. V-5.01, s. 4).

1989, c. 54, s. 189.

190. (Amendment integrated into c. S-29.01, ss. 1 and 170).

1989, c. 54, s. 190.

191. (Amendment integrated into c. C-4.1, s. 33).

1989, c. 54, s. 191.

192. (Amendment integrated into c. C-4.1, s. 137).

1989, c. 54, s. 192.

193. (Amendment integrated into c. C-4.1, s. 159).

1989, c. 54, s. 193.

194. (Amendment integrated into c. C-4.1, s. 172).

1989, c. 54, s. 194.

195. (Amendment integrated into c. C-4.1, s. 345).

1989, c. 54, s. 195.

196. (Amendment integrated into c. C-4.1, s. 358).

1989, c. 54, s. 196.

197. (Amendment integrated into c. C-4.1, s. 361).

1989, c. 54, s. 197.

MISCELLANEOUS AND TRANSITIONAL PROVISIONS

198. (Omitted).

1989, c. 54, s. 198.

199. In any Act, regulation, by-law, order, contract, agreement or other document, any reference to the Public Curatorship Act (chapter C-80) or to any provision thereof is considered to be a reference to the Public Curator Act (chapter C-81) or the equivalent provision of that Act.

1989, c. 54, s. 199.

200. Until 1 January 1994, articles 1338 to 1411 of the Civil Code of Québec (1987, chapter 18), which deal with the administration of the property of others, are deemed in force for the application of the Public Curator Act (chapter C-81) and of the provisions relating to protective supervision of persons of full age introduced into the Civil Code of Lower Canada by this Act.

1989, c. 54, s. 200; 1992, c. 57, s. 567.

201. Persons of full age interdicted on 15 April 1990 shall be, from that date, under protective supervision, as it applies to persons of full age under tutorship. Such tutorship extends to the person and his property where the person has been interdicted for imbecility, insanity or madness; in other cases, the tutorship extends only to the person’s property.

Persons who, on 15 April 1990, are provided with a judicial adviser shall be, from that date, subject to protective supervision of persons of full age provided with an adviser.

1989, c. 54, s. 201.

202. Persons contemplated by a certificate of incapacity issued under section 10 of the Mental Patients Protection Act (chapter P-41) or section 6 of the Public Curatorship Act (chapter C-80) and who, on 15 April 1990, are not otherwise under protective supervision shall be, from that date, under protective supervision, as it applies to persons of full age under tutorship to the person and to property.

1989, c. 54, s. 202.

203. Protective supervision established under sections 201 and 202 may be reviewed in accordance with articles 332.10 and 332.11 of the Civil Code of Lower Canada.

The term prescribed for the periodic examination is three years for the first examination, and starts running from 15 April 1990.

1989, c. 54, s. 203.

204. The sums of money deriving from the liquidation of property entrusted to the Public Curator for provisional administration before 18 December 1997 shall, if the liquidation of the property is terminated as of that date, be transferred to the Minister of Finance on the date or dates determined by the Government.

The sums of money deriving from any later liquidation of such property shall be transferred to the Minister of Finance upon its liquidation.

1989, c. 54, s. 204; 1997, c. 80, s. 44.

205. (Repealed).

1989, c. 54, s. 205; 1997, c. 80, s. 45.

206. (Repealed).

1989, c. 54, s. 206; 1997, c. 80, s. 45.

207. (Omitted).

1989, c. 54, s. 207.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 54 of the statutes of 1989, in force on 1 September 1990, is repealed, except sections 78 to 86, 88, 91 to 129 and 207, effective from the coming into force of chapter C-81 of the Revised Statutes.