C-81 - Public Curator Act

À jour au 8 novembre 2021

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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.

1989, c. 54, s. 12; 1997, c. 80, s. 2; 2005, c. 44, s. 36; 2011, c. 10, s. 71.

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 protection mandate,

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

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 protection mandate if the mandate is not faithfully carried out, or for any other serious cause.

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

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

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

(Repealed, 2011, c. 10, s. 72).

2011, c. 10, s. 72.

§ 1 . —

(Repealed, 2011, c. 10, s. 72).

1997, c. 80, s. 7; 2011, c. 10, s. 72.

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.

§ 2 . —

(Repealed, 2011, c. 10, s. 72).

1997, c. 80, s. 9; 2011, c. 10, s. 72.

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.

24.2. (Repealed).

1997, c. 80, s. 9; 2011, c. 10, s. 72.

24.3. (Repealed).

1997, c. 80, s. 9; 2011, c. 10, s. 72.

25. (Repealed).

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

26. (Repealed).

1989, c. 54, s. 26; 1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

26.1. (Repealed).

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

26.2. (Repealed).

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

26.3. (Repealed).

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2006, c. 22, s. 177; 2011, c. 10, s. 72.

26.4. (Repealed).

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2010, c. 31, s. 175; 2011, c. 10, s. 72.

26.5. (Repealed).

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

26.6. (Repealed).

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

26.7. (Repealed).

1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

26.8. (Repealed).

1997, c. 80, s. 11; 2011, c. 10, s. 72.

26.9. (Repealed).

1997, c. 80, s. 11; 2000, c. 15, s. 98; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

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. (Repealed).

1997, c. 80, s. 14; 2005, c. 44, s. 37; 2011, c. 10, s. 73.

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 section 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; 2011, c. 10, s. 74.

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.

1989, c. 54, s. 29; 1992, c. 57, s. 557; 1997, c. 80, s. 18; 2005, c. 44, s. 37; 2011, c. 10, s. 75.

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

1989, c. 54, s. 30; 1997, c. 80, s. 19; 2011, c. 10, s. 76.

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 Land 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; 2020, c. 17, s. 112.

32. (Repealed).

1989, c. 54, s. 32; 1997, c. 80, s. 21; 2005, c. 44, s. 37; 2011, c. 10, s. 77.

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. (Repealed).

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; 2009, c. 26, s. 109; 2011, c. 10, s. 78.

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-25.01) for applications dealt with according to the procedure for non-contentious proceedings.

1989, c. 54, s. 38; 1992, c. 57, s. 559; I.N. 2016-01-01 (NCCP).

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 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.

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; 2011, c. 10, s. 79.

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.

1989, c. 54, s. 41; 1997, c. 80, s. 24; 2005, c. 44, s. 37; 2011, c. 10, s. 80.

41.1. (Repealed).

1997, c. 80, s. 25; 2005, c. 44, s. 37; 2006, c. 24, s. 13; 2011, c. 10, s. 81.

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

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 and a register of homologated protection mandates.

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.

1989, c. 54, s. 54; 1992, c. 57, s. 563; 1997, c. 80, s. 29; 2011, c. 10, s. 82; I.N. 2016-01-01 (NCCP).

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.

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; 2011, c. 10, s. 83.

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;

Not in force

(3.1)  determine the form and content of the medical and psychosocial assessment reports necessary for tutorship to a person of full age;

Not in force

(3.2)  determine the form and content of the medical and psychosocial assessment reports necessary for the temporary representation of an incapable person of full age;

Not in force

(3.3)  determine the form and content of the documents necessary for the recognition of an assistant to a person of full age and the manner in which they are to be transmitted;

(3.4)  determine the conditions an advocate or notary must meet to be certified to perform the operations preliminary to the recognition of an assistant to a person of full age;

(4)  (paragraph repealed);

(4.1)  (paragraph repealed);

(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; 2011, c. 10, s. 84; 2020, c. 11, s. 153.

CHAPTER VIII PENAL PROVISIONS

69. (Repealed).

1989, c. 54, s. 69; 1997, c. 80, s. 40; 2011, c. 10, s. 85.

69.1. Any person who hinders the actions of the Public Curator or of a person authorized by the Public Curator in the exercise of a power conferred by section 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; 2011, c. 10, s. 86.

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 Title II of Book VI of the Code of Civil Procedure (chapter C-25.01) and of the Act respecting the Administrative Housing Tribunal (chapter T-15.01), 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; I.N. 2016-01-01 (NCCP); 2019, c. 28, s. 158.

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. On an application by the Public Curator, a judge suspends for a period not exceeding 30 days any judicial proceeding brought against the Public Curator or any person represented by or whose property is administered by the Public Curator, to allow the Public Curator to prepare the defence.

1989, c. 54, s. 74; 2005, c. 44, s. 42; 2011, c. 10, s. 87.

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 an agreement for 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; 2011, c. 10, s. 88.

76. The Public Curator 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 under the administration of that government, department or body.

1989, c. 54, s. 76; 1997, c. 80, s. 43; 2005, c. 44, s. 43; 2011, c. 10, s. 89.

76.1. (Repealed).

2005, c. 44, s. 44; 2011, c. 1, s. 10; 2011, c. 10, s. 90.

76.2. (Repealed).

2005, c. 44, s. 44; 2010, c. 31, s. 86; 2011, c. 10, s. 90.

76.3. (Repealed).

2005, c. 44, s. 44; 2011, c. 10, s. 90.

76.4. (Repealed).

2005, c. 44, s. 44; 2011, c. 10, s. 90.

77. The Minister of Families is responsible for the administration of this Act.

1989, c. 54, s. 77; 1996, c. 21, s. 45; 2005, c. 24, s. 34; 2005, c. 44, s. 45; 2011, c. 10, s. 91.

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.