D-5.1 - Act respecting deposits with the Bureau général de dépôts pour le Québec

À jour au 18 mai 2016

Ce document a valeur officielle.

chapter D-5.1

Act respecting deposits with the Bureau général de dépôts pour le Québec

CHAPTER I PRELIMINARY PROVISIONS

1. A general deposit office (“the Office”) is established at the Ministère des Finances under the name “Bureau général de dépôts pour le Québec”.

The function of the Office is to administer, in accordance with this Act, the following property:

(1)  sums of money, securities or security entitlements deposited with it in accordance with article 1583 of the Civil Code;

(2)  money collected by departments and budget-funded bodies in accordance with section 11 of the Financial Administration Act (chapter A-6.001), and the securities and security entitlements where that property constitutes a security or must be remitted to a right-holder other than a minister or a budget-funded body.

The Office carries on trust activities.

2016, c. 7, s. 183.

2. The administration of property varies according to whether the deposit is extrajudicial or judicial.

“Extrajudicial deposits” are deposits of property referred to in subparagraph 1 of the second paragraph of section 1 or, among the property referred to in subparagraph 2 of that paragraph, deposits of property that constitutes a security of which a minister or a budget-funded body is the holder, deposits of property that are made by a surety of a tutor, a curator or another administrator of the property of others for the purpose of providing sufficient security for the suretyship, and deposits of property that must be remitted to a right-holder to be determined.

“Judicial deposits” are deposits of property referred to in subparagraph 2 of the second paragraph of section 1 if that property is received during a proceeding or in the execution of a judgment or an order.

2016, c. 7, s. 183.

CHAPTER II EXTRAJUDICIAL DEPOSITS

DIVISION I GENERAL PROVISIONS

3. A writing, in the form determined by the Minister, stating, among other things, the object of the deposit, the act giving rise to the deposit and, if applicable, who is the right-holder, is attached to the deposit.

2016, c. 7, s. 183.

4. The deposit of a security or a security entitlement requires that the Minister obtain control over it.

2016, c. 7, s. 183.

5. A receipt, in the form determined by the Minister, is issued to the depositor. A duplicate receipt is issued for a deposit made for the payment of a debt which is published by its entry in a register kept by a registry office.

The receipt states, among other things, the name of the depositor, the value of the deposit, the date and the object of the deposit.

In the absence of any evidence to the contrary, the receipt is evidence of the deposit and the facts it purports to certify.

2016, c. 7, s. 183.

6. The other terms governing deposits of property and remittances of property by the Office are determined by the Minister.

2016, c. 7, s. 183.

7. The depositor may not withdraw the property deposited if the deposit was made as a tender in a proceeding.

2016, c. 7, s. 183.

8. Unless the depositor has requested to withdraw the deposit, the property deposited is remitted, on demand, to the creditor.

Where the deposit concerns a claim that is in dispute, the property is remitted to the claimant, who sends the Office a certified true copy of the judgment awarding the claimant the right to receive the property and includes a copy of the certificate of no appeal.

2016, c. 7, s. 183.

9. A deposit made by a surety to provide sufficient security for the value of the suretyship releases the surety, on filing the receipt, from the payment of the costs of any future proceedings against the surety in relation to the suretyship.

2016, c. 7, s. 183.

DIVISION II ADMINISTRATION FOR A MINISTER OR A BUDGET-FUNDED BODY

10. The securities of which a minister or a budget-funded body may be the holder include, in particular, those required to carry on an activity in Québec, such as a suretyship, or to guarantee a tender or the performance of contracts awarded under the Act respecting contracting by public bodies (chapter C-65.1).

Properties to be remitted to a right-holder to be determined are properties received by a department or budget-funded body in cases where a right-holder, which by law may be determined by the Government, a minister or a budget-funded body, has not yet been determined.

2016, c. 7, s. 183.

11. The deposits of proceeds from the sale of property authorized by a judge on the application of a person acting under the authority of a minister in the carrying out of a special Act that provides for the deposits to be made with the Office are considered extrajudicial deposits to which this division applies.

2016, c. 7, s. 183.

12. On the application of the competent authority, the Office remits the property to the beneficiary identified by the authority.

The Office may also transfer a security or security entitlement for sufficient cash consideration for the value of the security and pay that sum to the authority.

“Competent authority” means a member of the personnel of the department or the budget-funded body for which the Office administers the property.

2016, c. 7, s. 183.

13. The Office sends the authorities that so request the list of the active files and the balance for each file. In addition, it sends the authorities, if applicable, the statements regarding the security or security entitlement.

2016, c. 7, s. 183.

CHAPTER III JUDICIAL DEPOSITS

14. Voluntary deposits made in accordance with articles 664 to 670 of the Code of Civil Procedure (chapter C-25.01) and deposits of the proceeds of the sale of immovables due to failure to pay municipal or school taxes are considered judicial deposits.

2016, c. 7, s. 183.

15. Judicial deposits are received by the clerks or other members of the personnel of the Ministère de la Justice on behalf of the Office.

2016, c. 7, s. 183.

16. The Minister of Justice determines the terms for making a judicial deposit and the form the deposit must take, the cases in which a receipt must be remitted to the depositor, the form of the receipt and the information to be entered in the judicial file relating to the deposit.

The receipt states, among other things, the value and date of the deposit and the number of the file relating to the deposit. In the absence of any evidence to the contrary, the receipt is evidence of the deposit and the facts it purports to certify.

2016, c. 7, s. 183.

17. The property is remitted to the right-holder in accordance with the prescriptions of law, final judgments, out of court transactions, and schemes or orders of collocation.

The person who remits property to the right-holder must inform the Office, in the form and manner it determines.

2016, c. 7, s. 183.

18. The Office may give any administrative instructions relating to judicial deposits and request, each year, a statement of the sums of money received as such.

2016, c. 7, s. 183.

CHAPTER IV ADMINISTRATION BY THE OFFICE

19. The Office keeps separate accounts for the property it administers.

2016, c. 7, s. 183.

20. The property governed by this Act may be seized in the hands of the Minister.

2016, c. 7, s. 183.

21. The sums of money received by the Office are paid into the Consolidated Revenue Fund.

Except where the right-holder is a minister or a budget-funded body, the sums constitute advances and are payable to the right-holder on demand.

The Minister is authorized to take out of the Consolidated Revenue Fund the sums required for the payment to the right-holder, plus any interest payable, if applicable.

2016, c. 7, s. 183.

22. The Minister may, subject to the terms the Minister determines, set a tariff of fees for extrajudicial deposits and an interest rate payable on the sums of money received as such.

2016, c. 7, s. 183.

23. The sums of money advanced to the Consolidated Revenue Fund do not bear interest, except where determined by the Minister under section 22.

2016, c. 7, s. 183.

24. The administration by the Office ends when the property is remitted to the right-holder or on the expiry of three years after the date on which the right-holder, other than a minister or a budget-funded body, can claim it.

In the latter case, the Office sends the Minister of Revenue a statement containing a description of the property and the information needed to identify the right-holder. The Unclaimed Property Act (chapter B-5.1) applies, with the necessary modifications, to that property.

2016, c. 7, s. 183.

25. The Office sends the Minister of Revenue, in the form and manner determined by that Minister, the information related to the sums of money, from inactive savings and credit union accounts, remitted to the Minister before 1 July 1999 under section 245 of the Savings and Credit Unions Act (chapter C-4.1). The Unclaimed Property Act (chapter B-5.1) applies to those sums, with the necessary modifications.

2016, c. 7, s. 183.

CHAPTER V AMENDING PROVISIONS

GENERAL AMENDING PROVISIONS

26. All occurrences of “Minister of Finance”, “Minister of Finance in accordance with the Deposit Act (chapter D-5)”, “Ministère des Finances”, “Ministère des Finances in accordance with the Deposit Act (chapter D-5)”, “with the Minister of Finance” and “with a financial institution in accordance with the Deposit Act (chapter D-5)” are replaced by “Bureau général de dépôts pour le Québec”, depending on the context and with the necessary grammatical adjustments, in the following provisions:

(1)  (amendment integrated into c. A-18.1, s. 215);

(2)  (amendment integrated into c. A-20.03, s. 43);

(3)  (amendment integrated into c. A-20.2, ss. 34 and 40);

(4)  (amendment integrated into c. C-25.1, a. 130);

(5)  (amendment integrated into c. E-22, s. 19.1);

(6)  (amendment integrated into c. I-14, s. 307);

(7)  (amendment integrated into c. M-25.2, s. 17.12.15);

(8)  (amendment integrated into c. P-9.01, s. 45);

(9)  (amendment integrated into c. P-29, s. 33.2.1);

(10)  (amendment integrated into c. P-42.1, s. 17).

2016, c. 7, s. 183.

27. All occurrences of “deposit in the hands of the Minister of Finance, to be managed by him,”, “deposit with the Minister of Finance, to be managed by him,”, “deposit with the Minister of Finance and the Economy, to be managed by that Minister,” and “entrust to the Minister of Finance, to be managed by him,” are replaced by “entrust to the Minister of Finance the management of”, depending on the context and with the necessary grammatical adjustments, in the following provisions:

(1)  (amendment integrated into c. C-29, ss. 28.1 and 28.2);

(2)  (amendment integrated into c. I-8.3, s. 85);

(3)  (amendment integrated into c. I-13.3, ss. 476 and 477.1);

(4)  (amendment integrated into c. I-17, ss. 6.1 and 6.2);

(5)  (amendment integrated into c. S-4.2, ss. 468 and 469);

(6)  (amendment integrated into c. S-5, ss. 178.0.2 and 178.0.3).

2016, c. 7, s. 183.

SPECIAL AMENDING PROVISIONS

CHARTER OF VILLE DE MONTRÉAL

28. (Amendment integrated into c. C-11.4, s. Schedule C, s. 151).

2016, c. 7, s. 183.

CITIES AND TOWNS ACT

29. (Amendment integrated into c. C-19, s. 548).

2016, c. 7, s. 183.

MUNICIPAL CODE OF QUÉBEC

30. (Amendment integrated into c. C-27.1, a. 963).

2016, c. 7, s. 183.

31. (Amendment integrated into c. C-27.1, a. 1073).

2016, c. 7, s. 183.

ACT RESPECTING MUNICIPAL DEBTS AND LOANS

32. (Amendment integrated into c. D-7, s. 34).

2016, c. 7, s. 183.

33. (Amendment integrated into c. D-7, s. 35).

2016, c. 7, s. 183.

34. (Amendment integrated into c. D-7, s. 37).

2016, c. 7, s. 183.

35. (Amendment integrated into c. D-7, s. 38).

2016, c. 7, s. 183.

36. (Omitted).

2016, c. 7, s. 183.

37. (Amendment integrated into c. D-7, s. 45).

2016, c. 7, s. 183.

PUBLIC INFRASTRUCTURE ACT

38. (Amendment integrated into c. I-8.3, s. 57).

2016, c. 7, s. 183.

EDUCATION ACT FOR CREE, INUIT AND NASKAPI NATIVE PERSONS

39. (Amendment integrated into c. I-14, s. 220).

2016, c. 7, s. 183.

ACT RESPECTING THE MARKETING OF AGRICULTURAL, FOOD AND FISH PRODUCTS

40. (Amendment integrated into c. M-35.1, s. 161).

2016, c. 7, s. 183.

ACT RESPECTING COMMERCIAL FISHING AND COMMERCIAL HARVESTING OF AQUATIC PLANTS

41. (Amendment integrated into c. P-9.01, s. 41).

2016, c. 7, s. 183.

PESTICIDES ACT

42. (Amendment integrated into c. P-9.3, s. 91).

2016, c. 7, s. 183.

COURTS OF JUSTICE ACT

43. (Omitted).

2016, c. 7, s. 183.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

44. The Deposit Act (chapter D-5) is repealed.

2016, c. 7, s. 183.

45. In any Act or statutory instrument and in any other document, a reference to the Deposit Act (chapter D-5) or any of its provisions is replaced by a reference to this Act or, if applicable, to the corresponding provision of this Act.

2016, c. 7, s. 183.

46. The Government may, by a regulation made before 18 May 2017, amend any regulation in order to make it consistent with this Act and to modernize the form and the administration of the securities required by departments and public bodies.

2016, c. 7, s. 183.

47. The Minister of Finance is responsible for the administration of this Act.

2016, c. 7, s. 183.