C-81, r. 1 - Regulation respecting the application of the Public Curator Act

À jour au 1^er avril 2015

Ce document a valeur officielle.

chapter C-81, r. 1

Regulation respecting the application of the Public Curator Act

Public Curator Act

(chapter C-81, s. 68).

The amounts prescribed in the Regulation have been indexed as of 1 April 2015 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 21 February 2015, page 196. (Sch. II.)

DIVISION I INFORMATION RESPECTING PERSONS TO BE REPRESENTED AND PROPERTY TO BE ADMINISTERED

1. For the application of section 14 of the Public Curator Act (chapter C-81), the executive director of a health or social services institution shall forward the following information concerning a person of full age to the Public Curator:

(1)  his surname and given names as stated on his act of birth, address, sex, civil status, date of birth, social insurance number, as well as any other information that may help to fully identify the person of full age;

(2)  any known information on his background, property and income;

(3)  the name of the establishment that is treating or providing services to the person of full age as well as the names of those intervening on his behalf and any other person who is able to provide additional information about that person;

(4)  the medical and psychosocial tests performed by those who examined the person of full age as well as any information that may help to describe the state of the person of full age, including, in particular, information on the nature and degree of the person’s inability to care for himself or administer his property, the causes and foreseeable duration of such incapacity, the nature and extent of his needs and other details of his condition;

(5)  the opinion of the director general of the health or social services establishment or, where applicable, the director of professional services of the hospital centre on the expediency of instituting protective supervision for the person of full age;

(6)  the name and address of the persons competent to apply for the institution of protective supervision, if they are known;

(7)  any known information that may help to determine whether the person of full age has entrusted a person with the mandate to care for his person or administer his property and to identify and trace the mandatary;

(8)  where it has been established that the person of full age has entrusted a person with a mandate to care for his person or administer his property, any known information that may help to establish whether the mandate was homologated and adequately and faithfully carried out.

O.C. 361-90, s. 1; O.C. 594-99, s. 1.

2. In order to establish the Public Curator’s authority as regards provisional administration of the property described in section 24 of the Act, the Public Curator may require the following information and documents:

(1)  for property described in paragraph 1 of section 24 of the Act: a sworn statement by a person who knew the absentee and was aware of his disappearance, indicating the circumstances and reasons for his departure if they are known, the date on which he ceased to appear at his domicile or residence and the fact that he has not been heard from since the date of his departure;

(2)  for property described in paragraph 2 of section 24: a statement by the coroner indicating that he has in his custody property found on the body of an unknown person or on an unclaimed body;

(3)  for property described in paragraph 3 of section 24: a copy of the notice of dissolution of a legal person as well as a certificate from the competent authority attesting that, to date, the legal person is still dissolved and, in the case of a legal person dissolved pursuant to the rules of the Civil Code, a statement from the designated liquidator or from another interested person attesting that the property has devolved to the State or indicating that liquidation of the legal person has not been completed, accompanied with the liquidator’s rendering of accounts;

(4)  for property described in paragraph 4 of section 24: a statement from a successor or other interested person indicating, in addition to the reasons justifying the involvement of the Public Curator, that the known successors have not yet exercised their option as regards the succession or that the heirs or a third person, designated in accordance with the testamentary provisions of the deceased or by the court, are unable to discharge the duty of liquidator of the succession;

(5)  for property without an owner or lost or forgotten property described in paragraph 5 of section 24: a statement by an interested person who has personal knowledge of the facts related to such property, indicating the circumstances under which the property came to be without an owner or was lost or forgotten;

(6)  for forfeited property described in paragraph 5 of section 24: an order, judgment or any other document attesting to the permanent forfeiture of the property;

(7)  for property described in paragraph 7 of section 24: a statement from the director of a detention centre or the administrator of an institution, indicating the circumstances of the deposit or abandonment of the property, the departure or death of the depositor and the attempts to locate the depositor or to notify the heirs, accompanied with the certificate of death, if applicable, and a copy of any document concerning the depositor’s identity and place of domicile;

(8)  for property described in paragraph 8 of section 24: a statement from an interested person attesting that the administrator is incapable of performing that function, the reasons therefor and proof thereof and, if applicable, a copy of the act constituting the administration and the administrator’s rendering of accounts;

(9)  for property of a partnership described in paragraph 9 of section 24: a copy of the notice of dissolution of a partnership, an attestation from the enterprise registrar indicating that, to date, the partnership is still dissolved and a declaration from the designated liquidator or from another interested person attesting that the property has devolved to the State or indicating that liquidation of the partnership has not been completed, accompanied with the liquidator’s rendering of accounts; and

(10)  for property of a partnership described in paragraph 9 of section 24: a statement from an interested person indicating the termination of the association contract and the reasons therefor, and attesting that the property has devolved to the State, accompanied with, if applicable, the liquidator’s rendering of accounts;

(11)  for property described in paragraph 10 of section 24: a statement from an interested person who has personal knowledge of the facts related to such property indicating that, despite all attempts, it was impossible to identify or to find the owners or other assigns.

O.C. 361-90, s. 2; O.C. 594-99, s. 2.

3. In order to establish the Public Curator’s authority as regards property that devolves to the State, the Public Curator may require the following information and documents from any interested person who has personal knowledge of the facts:

(1)  a statement indicating that the deceased had no spouse or relatives within the degrees of succession, or that all known successors have renounced the succession and that no other successor is known or has laid claim to the succession;

(2)  a certified true copy of the renunciations of the succession by known successors;

(3)  any document attesting to the refusal by a person appointed liquidator of a succession to discharge his duty, or his later renunciation, if applicable;

(4)  a true copy of the death certificate of the deceased and, if applicable, his marriage contract and his will, or, failing that, a declaration pertaining to legal devolution of the succession.

O.C. 361-90, s. 3; O.C. 594-99, s. 3.

4. (Revoked).

O.C. 361-90, s. 4; O.C. 594-99, s. 4.

DIVISION II ANNUAL REPORT AND RENDERING OF ACCOUNTS

5. The form and content of the annual report of their administration that the tutors and curators must forward under section 20 of the Act are established in Schedule I.

O.C. 361-90, s. 5.

6. The account that the Public Curator must file under section 41 of the Act shall include the balance sheet established at the beginning and the end of the period of administration, a statement of receipts and disbursements and all the information required to establish the balance.

In the cases referred to in the second paragraph of section 41, the rendering of account shall be effected by filing the account in the Public Curator’s record. From that moment, the account shall be at the disposal of the Minister of Finance. The sums of money remaining upon termination of the administration shall be transferred to the Minister, to the financial institution he designates, within 5 days of the rendering of account.

O.C. 361-90, s. 6; O.C. 594-99, s. 5.

DIVISION II.1 TRANSFER AND STATEMENT OF UNCLAIMED PROPERTY

O.C. 594-99, s. 6.

6.1. Amounts payable under a pension or retirement contract or plan within the meaning of paragraph 9 of section 24.1 of the Act shall correspond to:

(1)  in the case of a retirement plan established by the Supplemental Pension Plans Act (chapter R-15.1) and in all other cases of a retirement plan governed by an act in force in Québec,

(a)  if the pension payments have begun, the sum of the payments owing but not paid, with interest accrued at the rate of return of the retirement fund up to the date of each transfer or, as the debtor chooses, that sum plus the residual value of the pension on the date of the transfer; the residual value must be assessed on the basis of the hypotheses used to calculate the liabilities of the retired participant on a solvency basis;

(b)  in other cases, the value of the benefits accrued under that plan which, on the date of transfer, could have been transferred into a locked-in retirement account within the meaning of section 29 of the Regulation respecting supplemental pension plans (chapter R-15.1, r. 6) without consideration of the restrictions and prohibitions in section 99 of the Supplemental Pension Plans Act;

(2)  in the case of a plan administered by the Commisison administrative des régimes de retraite et d’assurance and given the entitlement to reinstatement provided for in section 147.0.6 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the contributions made with the interest accrued, if applicable, to the date of transfer; calculation of the contributions and, where applicable, of the interest payable to the Public Curator for a recipient, is made on the date of their transfer to the Public Curator, in accordance with sections 58 and 59 of the Act respecting the Government and Public Employees Retirement Plan, adapted as required;

(3)  in the case of an annuity:

(a)  if the pension payments have begun, the sum of the payments owing but not paid and, if any, the interest accrued at the rate provided for in the contract up to the date of each transfer or, as the debtor chooses, that sum plus the residual value of the pension on the date of the transfer;

(b)  in other cases, the value on the date of transfer, of the accrued benefits up the date of the contract;

(4)  in the case of any other contract or plan, the value on the date of transfer of the benefits accrued under the contract or plan.

The values referred to in subparagraphs 1, 3 and 4 of the first paragraph shall be established without regard as to whether or not the benefits or pension credits are unclaimed property.

In case of a claim made to the Public Curator for sums referred to in subparagraphs 1, 3 and 4 of the first paragraph that were transferred and initially came from a pension plan governed by the Supplemental Pension Plans Act, the rules applicable to a locked-in pension account under section 29 of the Regulation respecting supplemental pension plans also apply to the payment of the balance of the sum transferred, adapted as required.

O.C. 594-99, s. 6; O.C. 203-2000, s. 1.

6.2. The yearly period during which a debtor or holder of unclaimed property must transfer the property to the Public Curator, under section 26.1 of the Act, and file the related statement is the first quarter that follows the end of the year in which the property became unclaimed property or, if the debtor or holder carries on a business or is a legal person, in the first quarter following the end of the fiscal year in which it became unclaimed property.

The property shall be transferred and the statement filed by registered mail.

For the purposes of this section, the fiscal year for categories of debtors and holders listed below is deemed to end on the following dates:

— dealers with an unrestricted practice, within the meaning of the Securities Act (chapter V-1.1), on 28 February each year;

— mutual fund dealers, within the meaning of the Securities Act, on 31 July of each year.

The Public Curator and any debtor or holder may agree upon a date deemed to be the end of the fiscal year for the purposes of this section.

O.C. 594-99, s. 6.

6.3. The statement that debtors or holders of unclaimed property must file with the Public Curator containing the description of the property and the other information necessary to determine the identity of the assigns, their place of domicile, and the nature and the origin of their rights, shall be prepared in the form prescribed in Schedule I.1.

O.C. 594-99, s. 6.

6.4. Any interest owing by a debtor or holder of unclaimed property is payable upon transfer of the property to the Public Curator.

O.C. 594-99, s. 6.

DIVISION II.2 RATE OF INTEREST PAYABLE TO ASSIGNS

O.C. 594-99, s. 6.

6.5. The rate of interest payable to an assign pursuant to the second paragraph of section 41.1 of the Act shall be the rate applicable to the interim investment units held in regular accounts at Placements Québec, determined by the Minister of Finance in accordance with section 71 of the Financial Administration Act (chapter A-6.001).

The interest payable shall be calculated by taking into account any variation in the rate applicable to the units from the date on which the sums are transferred to the Minister of Finance to the date on which payment is made to the assign.

O.C. 594-99, s. 6.

DIVISION II.3 PROVISIONAL ADMINISTRATION OF PROPERTY

O.C. 203-2000, s. 2.

6.6. For the purposes of paragraph 11 of section 24.1 of the Act, the following constitute unclaimed property: funds, securities and other property part of a registered education savings plan referred to in section 146.1 et seq. of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for which the interested party has made no claim, engaged in no transaction or given no instruction within 3 years following the expiry date of the registered education savings plan.

O.C. 203-2000, s. 2.

DIVISION III REGISTERS OF THE PUBLIC CURATOR

7. The following information shall be entered on the registers prescribed in section 54 of the Act:

(1)  for the register of tutorship to minors:

(a)  the file number of the Public Curator;

(b)  the name of the tutor or tutors;

(c)  the provision in a will, a statement or a judgment, if applicable, appointing the tutor or tutors;

(d)  the name of the minor;

(2)  for the register of tutorship and curatorships to persons of full age:

(a)  the file number of the Public Curator;

(b)  the name of the tutor or tutors or the curator or curators;

(c)  the type of protective supervision;

(d)  the date and number of the judgment of appointment of the tutor or tutors or the curator or curators;

(e)  the name of the person of full age;

(f)  any change in the protective supervision and the date of such change;

(3)  for the register of property under provisional administration:

(a)  the file number of the Public Curator, and the date on which the administration began;

(b)  the type of provisional administration;

(c)  the name and address of the debtor or holder who has transferred the property to the Public Curator;

(d)  except for the cases stipulated in section 26.2 of the Act, the identity of the owner or owners, the deceased or other known assigns, as regards the property administered, their last address and, if unknown, an indication as to the origin of the property;

(e)  a brief description of the property, if the owner or assign is unknown;

(f)  the net value of the property, the fees and taxes payable and the balance.

No information shall be entered in the register if the amount of the applicable fees and taxes is equal to or greater than the net value of the property, or if the owner or assign has indicated a refusal to recover the property or its value;

(4)  for the register of homologated mandates in anticipation of the mandator’s incapacity:

(a)  the file number of the Public Curator;

(b)  the name of the mandator;

(c)  the name of the mandatary;

(d)  the date of the mandate;

(e)  the type of mandate and its scope;

(f)  the date and number of the judgment of homologation;

(g)  the date of the end of the mandate, if stipulated;

(h)  the date and number of the judgment of revocation of the mandate, where applicable.

O.C. 361-90, s. 7; O.C. 594-99, s. 7; O.C. 787-2004, s. 1.

7.1. The information given on the register of property under the provisional administration of the Public Curator relating to property the administration of which ceases as provided for in the second paragraph of section 40 of the Act, shall be kept on that register until the expiry of one of the following periods:

(1)  10 years from the date of the transfer, where the total amount transferred to the Minister of Finance is less than 500 $;

(2)  10 years from the date the succession was opened or from the date the heir’s right arises, if it is known, where the total amount transferred to the Minister of Finance is equal to or more than 500 $ and the sums come from a succession or a liquidation of property from a succession;

(3)  in all other cases, 30 years from the date of transfer to the Minister of Finance of the sums administered by the Public Curator or originating from the liquidation of the property under his administration.

The entry of the property in the register may be removed if the amount of the fees and applicable taxes is equal to or greater than the value of the property, or if the owner or assign has indicated a refusal to recover the property or its value.

O.C. 594-99, s. 8; O.C. 787-2004, s. 2.

DIVISION IV FINANCING

8. The tariff of fees which the Public Curator may charge for the protection and representation of a person, the administration of a person’s property and the administration of property entrusted to the Public Curator is established in Schedule II.

O.C. 361-90, s. 8; O.C. 203-2000, s. 3; O.C. 787-2004, s. 3.

9. The Public Curator may charge, for the management of common trust funds whose portfolios are made up of fixed income investments maturing in less than 2 years, an amount corresponding to 1.5% per year of the average assets under administration, payable monthly. The fees may not, however, exceed the rate of return of the funds.

He may charge, for the management of all the other common trust funds, an amount corresponding to 1.5% per year of the average assets under administration, payable monthly.

O.C. 361-90, s. 9; O.C. 594-99, s. 9; O.C. 203-2000, s. 4; O.C. 787-2004, s. 4; O.C. 1212-2011, s. 1.

10. The period of reference for the establishment of the average assets under management shall be within the quarter in which the fees are calculated.

O.C. 361-90, s. 10; O.C. 594-99, s. 10.

11. (Revoked).

O.C. 361-90, s. 11; O.C. 594-99, s. 11.

12. (Revoked).

O.C. 361-90, s. 12; O.C. 594-99, s. 11.

13. The interest rate referred to in section 57 of the Act shall be calculated on the first day of each quarter as follows:

(1)  by establishing the simple arithmetic average of the basic rate for bank loans to firms published by the Bank of Canada on the last Wednesday of each month included in the 3-month period ending the second month of the previous quarter;

(2)  by rounding off the results obtained in paragraph 1 to the nearest whole unit, and a half to the whole unit preceding it;

(3)  by adding 2% to the results obtained in paragraph 2.

O.C. 361-90, s. 13.

DIVISION V MAIN PLACE WHERE THE PUBLIC CURATOR SHALL PERFORM HIS DUTIES

O.C. 361-90, Div. V; O.C. 602-92, s. 1.

14. The main place where the Public Curator shall perform his duties is 600, boulevard René-Lévesque Ouest, Montréal, H3B 4W9.

O.C. 361-90, s. 14; O.C. 602-92, s. 1; O.C. 1212-2011, s. 2.

DIVISION VI FINAL

15. (Omitted).

O.C. 361-90, s. 15.

16. (Omitted).

O.C. 361-90, s. 16.

SCHEDULE I

(s. 5)

ANNUAL ADMINISTRATION REPORT

O.C. 361-90, Sch. I; O.C. 488-2002, s. 1.

SCHEDULE I.1

(s. 6.3)

STATEMENT CONCERNING UNCLAIMED PROPERTY

(A) DECLARATION OF DEBTOR OR HOLDER OF UNCLAIMED PROPERTY

NAME: ___________________________________________________________________________________

ADDRESS: ________________________________________________________________________________

TELEPHONE: ______________________________________________________________________________

FAX:______________________________________________________________________________________

PERIOD COVERED BY THIS STATEMENT:

from __________________________________________ to __________________________________________

I, the undersigned,______, acting on my own behalf or, as the case may be, as a duly authorized representative of the institution, business or other organization, identified above, declare that:

(1) as a debtor or holder of unclaimed property, I am hereby filing the statement prescribed under the Public Curator Act with a description of all the property held that has become unclaimed property within the meaning of the Act in the period indicated above;

(2) a written notice as prescribed by section 26 of the Public Curator Act was given to the assigns for each unclaimed property described in this statement, except for the cases where reasons recognized by the Act or the regulation thereunder are relied on and indicated with respect to that property under the title “Other necessary or applicable information” below; and

(3) all the facts in this statement are accurate.

SIGNED at _________________________________, on _________________________________, 20________

---

(Signature)

(B) DESCRIPTION OF UNCLAIMED PROERTY AND RELATED INFORMATION

               Identity      
                 and        
               domicile 
              of assigns
              including
               the date                                    Interest
               of birth                                    payable        Other 
Description    and the      Nature                value    (s. 26.5     necessary      
     of         social       and      Documents     of      P.C.A.)   or applicable
 unclaimed    insurance     origin      filed    property              information
 property       number     of right
                 

O.C. 594-99, Sch. I.1; O.C. 594-99; O.C. 203-2000, s. 5.

SCHEDULE II

(s. 8)

FEES OF THE PUBLIC CURATOR

CHAPTER I

PERSONS REPRESENTED

(1) The fees that the Public Curator may, as applicant, charge for activities relating to the institution of protective supervision are established as follows and payable at the latest at the end of the supervision if public protective supervision is instituted, or on the rendering of the judgment if private protective supervision is instituted:

— on 1 November 2011: $1,400;

— on 1 April 2012: $1,700;

— on 1 April 2013: $2,000;

— on 1 April 2014: $2,019;

— on 1 April 2015: $2,040.

(2) The fees that the Public Curator may charge for activities relating to the protection of a person are established as follows:

— on 1 November 2011: $900 per year;

— on 1 April 2012: $950 per year;

— on 1 April 2013: $1,000 per year;

— on 1 April 2014: $1,010 per year;

— on 1 April 2015: $1,021 per year.

That sum is payable only after the death of the person represented if the death occurs while the person is under public protective supervision.

(3) The fees that the Public Curator may charge in relation to the administration of property entrusted to the Public Curator are as follows:

(1) for the collection of information for the purposes of an inventory of the property of the person represented

(a) within the scope of an internal investigation: $1,128;

(b) within the scope of an external investigation requiring travel: $1,128, to which a fee of $91 per hour is added after the first 12 hours;

(c) for any other mandate carried out by an investigator: $91 per hour;

(2) for the planning of the initial administration of the patrimony:

(a) by a technician: $536 per file;

(b) by a professional: $1,071 per file;

(3) for the planning and administration of the annual budget and the administration of movables:

— on 1 November 2011: $375 per year;

— on 1 April 2012: $400 per year;

— on 1 April 2013: $425 per year;

— on 1 April 2014: $429 per year;

— on 1 April 2015: $434 per year;

(4) for the recovery of a hypothecary loan or other receivable:

— on 1 November 2011: $400 per year;

— on 1 April 2012: $450 per year;

— on 1 April 2013: $485 per year;

— on 1 April 2014: $490 per year;

— on 1 April 2015: $495 per year;

(5) for the payment of a hypothecary loan or other debt: $96 per year;

(6) for the alienation of a movable other than a security, for the purchase or sale of a motor vehicle: 25% of the transaction value, up to a maximum amount of $1,000 per transaction;

(7) for the establishment of the Public Curator’s authority on every immovable entrusted to the administration of the Public Curator: $563;

(8) for the administration of

(a) land: $81 per year;

(b) residential immovables: $676 per year;

(c) rental residential immovables having less than 4 dwellings: $2,386 per year;

(d) rental residential immovables having 4 dwellings or more or any other immovable and management of a commercial enterprise or other: $3,298 per year;

(9) for the preparation and supervision of the sale of immovables: 25% of the transaction value, up to a maximum amount of $2,500 per transaction;

(10) for the administration of insurance: $66 per policy, per year;

(11) for the filing of a fiscal return: $32 per return;

(12) for the administration of investments other than those referred to in section 9 of the Regulation

(a) for cash on hand with brokers and any deposit certificate: 0.25% per year;

(b) for shares and mutual funds: 1% per year;

(c) for bonds, RRSPs and other related tax schemes: 0.50% per year;

each percentage being calculated monthly based on the average assets;

(13) for the rendering of an account and transfer during the lifetime of the person represented:

— on 1 November 2011: $400;

— on 1 April 2012: $500;

— on 1 April 2013: $550;

— on 1 April 2014: $555;

— on 1 April 2015: $561;

(14) for the rendering of an account and transfer after the death of the person represented:

— on 1 November 2011: $2,000;

— on 1 April 2012: $2,100;

— on 1 April 2013: $2,200;

— on 1 April 2014: $2,221;

— on 1 April 2015: $2,245;

(15) for an intervention of a legal nature:

(a) examine and comment a legal document or any new judicial proceedings: $269;

(b) initiate and follow judicial proceedings by a trustee: $128 per hour;

(c) appoint independent jurists: $376;

(d) negotiate an agreement, intervene or act before any administrative or judicial proceeding: $162 per hour;

(e) prepare and write a formal notice: $214;

(16) (a) for the settlement of a succession in favour of the person represented: $1,289 per file;

(b) for the settlement of a succession involving a commercial enterprise, immovable property, financial abuse or partition of the family patrimony or matrimonial regime: $1,824 per file;

(17) for the liquidation of a succession: $128 per hour.

CHAPTER II

ADMINISTRATION, PROVISIONAL ADMINISTRATION AND LIQUIDATION OF A SUCCESSION OR OTHER UNCLAIMED PROPERTY

(4) The fees that the Public Curator may charge in relation to administration, to the provisional administration of property referred to in paragraphs 1 to 5 and 8 to 10 of section 24 of the Act or other property, or to the liquidation of a succession or other property are as follows:

(1) for the opening of a file: $554;

(2) for the collection of information for the purposes of an inventory of the property: a lump sum of $92 to which a tariff of $92 per hour is added

(3) for an inquiry: $92 per hour;

(4) for the liquidation of an abandoned vehicle: $341;

(5) for the administration and liquidation of seized or abandoned property entrusted to the administration of the Public Curator by another statute: $92 per hour;

(6) for the liquidation of a movable other than a security or an abandoned vehicle: 25% of the transaction value;

(7) for the collection and analysis of the information relating to an immovable: $315;

(8) for the sale of an immovable: 5% of the sale price, but not less than $760 nor more than $3,000;

(9) for any other transfer of an immovable or for the settlement of an unmarketable immovable: $268;

(10) for the obtaining of judicial authorization to alienate or encumber property: $213;

(11) for the administration and liquidation of an enterprise: $2,436;

(12) for the filing of a fiscal return: $60 per return;

(13) for an intervention of a legal nature: $120 per hour;

(14) for the rendering of an account for management and transfer to the assign: $851;

(15) for the tracing of an owner or assign: $92 per hour; and

(16) for the provisional administration and liquidation of a debt, receivable, bank account or insurance policy or any property other than property referred to in this section: $1,582.

(5) The fees that the Public Curator may charge in relation to the provisional administration of property referred to in paragraph 7 of section 24 or in section 24.1 of the Act are as follows:

(1) for an inquiry: $92 per hour;

(2) for the liquidation of a security: $60 for the sale of each series of securities of the same class issued by the same issuer and remitted to the broker at the same time;

(3) for the administration and liquidation of property other than a security: 25% of the proceeds;

(4) for the receipt, administration and transfer of property from a safety deposit box: $189;

(5) for the receipt, administration and transfer of property: 10% of the property value, but not less than $2 nor more than $1,000;

(6) for the tracing of an owner or assign: $92 per hour; and

(7) for an intervention of a legal nature: $120 per hour.

CHAPTER III

GENERAL

(6) The hourly rate or lump-sum fees are indexed on 1 April of each year according to the rate corresponding to the annual change in the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period ending on 31 December of the preceding year.

The fees, adjusted in the prescribed manner, shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50. The indexed fees shall be published by the Public Curator in Part 1 of the Gazette officielle du Québec.

(7) The Public Curator may charge, for each copy requested under section 52 of the Act, the tariff provided for in the Regulation respecting fees for the transcription, reproduction or transmission of documents or personal information (chapter A-2.1, r. 3).

O.C. 361-90, Sch. II; O.C. 203-2000, s. 6; O.C. 787-2004, s. 5; O.C. 1212-2011, ss. 3 and 4.

REFERENCES

O.C. 361-90, 1990 G.O. 2, 633

O.C. 602-92, 1992 G.O. 2, 2524

O.C. 594-99, 1999 G.O. 2, 1583

O.C. 203-2000, 2000 G.O. 2, 1292

O.C. 488-2002, 2002 G.O. 2, 2287

S.Q. 2002, c. 45, s. 536

O.C. 787-2004, 2004 G.O. 2, 2563

O.C. 1212-2011, 2011 G.O. 2, 3665