d-5 - Deposit Act

À jour au 1^er juillet 1999

Ce document a valeur officielle.

chapter D-5

Deposit Act

DIVISION I DEPOSIT OFFICE

1. The Ministère des Finances shall be a general deposit office of Québec.

R. S. 1964, c. 64, s. 49; 1977, c. 5, s. 14.

2. When a deposit of money or securities has been therein made, the Minister of Finance shall give the depositor a receipt, and, if the debt or obligation to be discharged by the deposit is registered, a duplicate receipt, specifying the amount deposited and the nature and cause of the deposit; and the receipt shall be in such form as the Minister of Finance may prescribe.

R. S. 1964, c. 64, s. 50.

3. The deposit receipt shall be evidence of the deposit and of the facts it purports to certify, until the contrary be proved.

R. S. 1964, c. 64, s. 51.

4. The Minister of Finance may appoint treasury deposit agents. Any such agent may be appointed for one or more judicial districts.

R. S. 1964, c. 64, s. 52.

5. The duties and powers of the treasury deposit agents, in so far as they are not determined by law, shall be regulated and defined by the Minister of Finance.

R. S. 1964, c. 64, s. 53.

6. The Minister of Finance may regulate the manner, time and form in which deposits and payments are to be made, and in which the accounts of the general deposit office are to be kept and rendered.

R. S. 1964, c. 64, s. 54.

7. The moneys deposited under this Act are under the management of the Minister of Finance. They shall be advanced by him to the Government without interest, shall be repayable on request and shall be a charge on the consolidated revenue fund.

The Minister of Finance shall repay on demand any part of the deposited moneys to the persons entitled to them unless he is prevented from so doing by a garnishment, an opposition or any other legal impediment or is entitled to withhold them.

R. S. 1964, c. 64, s. 55; 1984, c. 47, s. 62.

DIVISION II DEPOSITS

8. Every clerk of appeals, prothonotary of the Superior Court, clerk of the Crown or clerk of the Court of Québec who, in his official capacity, receives, himself or by his deputy, as a judicial or other deposit, any sum of $100 or over, shall immediately deposit such sum to the credit of the Minister of Finance in such bank or other monetary institution as shall be indicated by the said Minister of Finance, and shall file in the record of the case or of the proceeding, in which he has received the said sum, the deposit receipt of such bank or institution.

Every sheriff who, in his official capacity, either personally or by his deputy, receives, either as the price of a judicial sale or otherwise, a sum of $100 or over, shall immediately deposit such sum to the credit of the Minister of Finance in such bank or other monetary institution as shall be indicated by the latter, and shall, without delay, file in the office of the prothonotary or clerk the deposit receipt of the said bank or institution.

Every sum less than $100 received by the said officers shall be deposited in the manner aforesaid, as soon as they aggregate $100 or over.

Such officers shall, from the mere fact of holding such offices, be agents of the Minister of Finance for the purposes of this act.

Any payment made to them under this act shall be deemed to be made to the Minister of Finance, and all persons who are entitled to withdraw such sums or securities so deposited shall have the security of the Gouvernement du Québec for the payment to them of such sums or securities.

The provisions of this section shall not apply to any deposit made under article 652 of the Code of Civil Procedure (chapter C-25).

R. S. 1964, c. 64, s. 56; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1977, c. 5, s. 14; 1988, c. 21, s. 66; 1992, c. 61, s. 259.

9. (Repealed).

R. S. 1964, c. 64, s. 58; 1983, c. 41, s. 194.

10. Every bailiff who receives any money arising from a seizure or judicial sale and exceeding $100 shall, unless he has handed over, distributed or paid such sum before making his return, deposit the same in the office of the clerk of the court which issued the writ, together with his return.

R. S. 1964, c. 64, s. 59; 1974, c. 13, s. 36.

11. After fifteen days from the date upon which any scheme of collocation of moneys has been homologated, wholly or in part, as the case may be, whether by a judgment of any court or by the order of the judge, the prothonotary or the clerk, the prothonotary or clerk must,—if no notice of appeal from or opposition to such judgment or order has been served upon him,—transmit, without delay, to the Minister of Finance, a copy of the said judgment or order, with a certificate under his signature and the seal of the court, setting forth that no such inscription in appeal or opposition has been served upon him within the said delay of fifteen days after the date of the homologation of the scheme of collocation; and, on receipt of such judgment or order and certificate, the Minister of Finance shall immediately pay the moneys so distributed, by delivering to the sheriff, or the officer entitled to receive the same, his orders or cheques in favour of each of the parties mentioned in the scheme of collocation homologated, for the amount awarded to each.

R. S. 1964, c. 64, s. 60; 1965 (1st sess.), c. 80, a. 1.

12. If any appeal has been taken from the judgment or order, or an opposition made thereto, in relation to one or more of the said collocations,—which shall be established by the certificate of the clerk,— the Minister of Finance shall not pay the amount of the collocations contested until after a final judgment has been pronounced upon such contestations, or until after such contestation has been settled, as hereinafter provided.

R. S. 1964, c. 64, s. 61.

13. Any person desirous of appealing from or opposing the judgment or order of homologation above mentioned, shall, within 15 days from the date of such judgment or order, file, at the office of the court, by causing the same to be served upon the clerk, a copy of the inscription in appeal or of his opposition. The clerk shall make an entry of such document in the registers of the court, and the same shall form part of the record.

R. S. 1964, c. 64, s. 62.

14. When no opposition or inscription in appeal is served, within the said fifteen days, upon the prothonotary or clerk of the court, the moneys mentioned in the judgment or order of homologation shall be paid; but such failure to appeal or to make opposition within the said delay of fifteen days shall not prevent anyone who is entitled to appeal or to make opposition from so doing within the delays established by law, and, in the event of his succeeding, from recovering any moneys awarded him by the final judgment, from any person who may have received them under the former judgment.

R. S. 1964, c. 64, s. 63.

15. Whenever any appeal has been taken or any opposition has been filed within the said 15 days, and the clerk has been notified of such appeal or opposition, as prescribed by section 13, the moneys affected by such appeal or opposition shall not be paid until the contestation raised thereby shall have been finally settled by a final judgment from which there is no appeal; and the clerk of the court shall not grant his certificate for the payment of the moneys until after the filing, in the office of the Superior Court if the distribution of moneys took place in the Superior Court, of a copy of the judgment of the court which has rendered the said final judgment from which there is no appeal, or a certificate of the clerk of appeals or of the registrar of the Supreme Court establishing that such appeal has been given up and abandoned, or a certificate of the clerk establishing the discontinuance of the appeal or of the opposition; and, if the distribution of moneys has taken place in the Court of Québec, a copy of the judgment on the opposition or a certificate of the clerk of the court establishing that such opposition has been discontinued.

R. S. 1964, c. 64, s. 64; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66.

16. In every case, whenever a consent for the payment of the moneys, signed by all the parties interested in the case and attested by the clerk, has been filed with him, the Minister of Finance shall immediately pay or distribute the moneys so deposited, by delivering to the sheriff or other officer entitled thereto his cheques or orders in favor of any person mentioned in such consent, for the amount therein set forth.

R. S. 1964, c. 64, s. 65.

17. Any person who desires to pay any sum of money to a creditor who refuses to receive the same or who is absent from the place where the debt is payable, may deposit such sum in the office of the Minister of Finance, together with a writing showing the nature of the debt, the title or contract under which it was created, and the persons to whom he desires the money to be paid.

The tender established by such deposit shall, for the future, relieve the debtor from the payment of interest on such sum of money, provided his creditor has wrongfully refused to accept such tender; and the moneys deposited for a creditor who is absent from the place where the debt is payable shall also cease to bear interest against the debtor if the amount deposited be sufficient.

R. S. 1964, c. 64, s. 66.

18. The Minister of Finance shall thereupon, on demand, pay to the creditors so designated the amount so deposited, saving the right of the depositor, if the deposit receipt has not been registered and if the money has not been paid into court as a tender, to withdraw his deposit before the same has been demanded by his creditor.

R. S. 1964, c. 64, s. 67.

19. Whenever any person desires to pay any sum of money which is demanded of him by contending claimants, he may deposit such money in the office of the Minister of Finance.

R. S. 1964, c. 64, s. 68.

20. In the case mentioned in section 19, the Minister of Finance shall pay over the amount deposited, to the claimant, who shall file an authentic copy of a judgment of a court of justice entitling him to the money, saving the right of the depositor, if the deposit receipt has not been registered and if the money has not been paid into court as a tender, to withdraw his deposit before the same has been demanded by the claimant.

R. S. 1964, c. 64, s. 69.

21. Whenever a voluntary deposit is made of any amount for the payment of any debt evidenced by a writing which is registered, the debtor shall deposit for cancellation a duplicate of the deposit receipt at the registry office where the claim is registered. The registrar shall make an entry of such deposit in the margin of the register opposite the title or the writing under which the claim exists; and such deposit and entry shall have the same effect as regards the cancelling of the registration of the claim, as the entry of a discharge from the creditor for a like amount would have had.

R. S. 1964, c. 64, s. 70.

22. Every sheriff, clerk or other judicial officer shall, between the first and eleventh days of January, April, July and October in every year, render to the Minister of Finance a sworn account, in detail, of all moneys received by him in his official capacity, whether the same have been deposited or not in the office of the Minister of Finance in virtue of this Act.

R. S. 1964, c. 64, s. 71; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66.

23. Moneys deposited under this Act may be attached in the hands of the Minister of Finance, in the usual manner, by garnishment either before or after judgment.

R. S. 1964, c. 64, s. 72; 1970, c. 17, s. 89.

24. Whenever any judicial surety or any surety of a public officer, or a tutor, curator or other administrator is desirous of paying over the amount of his suretyship or the balance of his account lawfully rendered, he may deposit such amount with the Minister of Finance under this Act, and, upon the production of the deposit receipt, he shall not be liable to the costs of any proceedings thereafter taken against him with respect to such suretyship or such balance of account.

R. S. 1964, c. 64, s. 73; 1970, c. 17, s. 90; 1989, c. 54, s. 167.

25. Every public officer who contravenes any provision of this Act may be removed from office and is also liable to a fine of not more than $200.

R. S. 1964, c. 64, s. 74; 1969, c. 21, s. 35; 1970, c. 17, s. 91; 1990, c. 4, s. 380.

26. Out of the deposits made in the Ministère des Finances, in sums under $100, the Minister of Finance upon a certificate from the clerk of the court, stating the names of the persons and the amounts to which they are entitled, may pay such deposits wholly or in part, except in cases wherein a judgment homologating a scheme of collocation is rendered.

R. S. 1964, c. 64, s. 75; 1965 (1st sess.), c. 80, a. 1; 1977, c. 5, s. 14.

27. Moneys deposited under this act, or under any other provisions prior thereto to the same effect, which have not been claimed within three years, following the deposit, from the date on which the interested party was entitled to demand the repayment or payment of the moneys so deposited, shall be paid into the consolidated revenue fund to form part thereof.

A statement of such moneys indicating the name and last known address of the interested party and the date on which they were paid into the consolidated revenue fund shall be transferred without delay to the Public Curator.

R. S. 1964, c. 64, s. 76; 1970, c. 17, s. 92; 1984, c. 47, s. 63; 1997, c. 80, s. 63.

27.1. All persons who have a right in the moneys paid into the consolidated revenue fund pursuant to section 27 may, after establishing their quality, recover the moneys from the Public Curator with interest calculated at the rate prescribed pursuant to the Public Curator Act (chapter C‐81) from the time the sums of moneys were paid into the fund.

Subject to the provisions of the Civil Code relating to the petition of inheritance, this right is not subject to prescription, except where it relates to moneys amounting to less than $500 when paid into the consolidated revenue fund, in which case the right to recover the moneys is prescribed ten years after the time of deposit.

The Minister of Finance is authorized to take out of the consolidated revenue fund the amounts required to meet the payments to be made pursuant to this section.

1997, c. 80, s. 64.

DIVISION III PAYMENT OF GOVERNMENT CLAIMS OUT OF DEPOSITS WITH MINISTER OF FINANCE

28. The Government may authorize the Minister of Finance, out of any deposit made in the Ministère des Finances, in virtue of any statute or otherwise, to retain the amount of any indebtedness that may be due the Crown either by the person who made the deposit or to whom it is payable, and apply such sum in liquidation of such claims.

R. S. 1964, c. 64, s. 77; 1977, c. 5, s. 14.

29. The Minister of Finance shall have charge of the application of this Act.

R. S. 1964, c. 64, s. 78; 1970, c. 17, s. 93, s. 94.

DIVISION IV

This Division ceased to have effect on 17 April 1987.

30. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 64 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter D-5 of the Revised Statutes.

Section 27 of this Act will be amended upon the coming into force of section 63 of chapter 80 of the statutes of 1997 on the date fixed by order of the Government.

Section 27.1 of this Act will come into force on the date fixed by order of the Government (1997, c. 80, s. 82).