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

À jour au 1^er avril 2019

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 2019 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 16 March 2019, page 251. (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. (Revoked).

O.C. 361-90, s. 2; O.C. 594-99, s. 2; O.C. 584-2015, s. 10.

3. (Revoked).

O.C. 361-90, s. 3; O.C. 594-99, s. 3; O.C. 584-2015, s. 10.

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.

O.C. 361-90, s. 6; O.C. 594-99, s. 5; O.C. 584-2015, s. 10.

DIVISION II.1 TRANSFER AND STATEMENT OF UNCLAIMED PROPERTY

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

6.1. (Revoked).

O.C. 594-99, s. 6; O.C. 203-2000, s. 1; O.C. 584-2015, s. 10.

6.2. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

6.3. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

6.4. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

DIVISION II.2 RATE OF INTEREST PAYABLE TO ASSIGNS

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

6.5. (Revoked).

O.C. 594-99, s. 6; O.C. 584-2015, s. 10.

DIVISION II.3 PROVISIONAL ADMINISTRATION OF PROPERTY

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

6.6. (Revoked).

O.C. 203-2000, s. 2; O.C. 584-2015, s. 10.

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)  (paragraph revoked);

(4)  for the register of homologated protection mandates :

(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; O.C. 584-2015, s. 10; I.N. 2016-01-01 (NCCP).

7.1. (Revoked).

O.C. 594-99, s. 8; O.C. 787-2004, s. 2; O.C. 584-2015, s. 10.

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

(Revoked)

O.C. 594-99, Sch. I.1; O.C. 594-99; O.C. 203-2000, s. 5; O.C. 584-2015, s. 10.

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 April 2019: $2,128.

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

— on 1 April 2019: $1,066 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: $1,176;

(b) within the scope of an external investigation requiring travel: $1,176, to which a fee of $96 per hour is added after the first 12 hours;

(c) for any other mandate carried out by an investigator: $96 per hour;

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

(a) by a technician: $559 per file;

(b) by a professional: $1,118 per file;

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

— on 1 April 2019: $453 per year;

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

— on 1 April 2019: $516 per year;

(5) for the payment of a hypothecary loan or other debt: $101 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: $587;

(8) for the administration of

(a) land: $85 per year;

(b) residential immovables: $705 per year;

(c) rental residential immovables having less than 4 dwellings: $2,489 per year;

(d) rental residential immovables having 4 dwellings or more or any other immovable and management of a commercial enterprise or other: $3,441 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: $69 per policy, per year;

(11) for the filing of a fiscal return: $33 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 April 2019: $585;

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

— on 1 April 2019: $2,342;

(15) for an intervention of a legal nature:

(a) examine and comment a legal document or any new judicial proceedings: $280;

(b) initiate and follow judicial proceedings by a trustee: $133 per hour;

(c) appoint independent jurists: $392;

(d) negotiate an agreement, intervene or act before any administrative or judicial proceeding: $169 per hour;

(e) prepare and write a formal notice: $224;

(16) (a) for the settlement of a succession in favour of the person represented: $1,345 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: $1,903 per file;

(17) for the liquidation of a succession: $133 per hour.

CHAPTER II

(Revoked)

(4) (paragraph revoked).

(5) (paragraph revoked).

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; O.C. 584-2015, s. 10.

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

O.C. 584-2015, 2015 G.O. 2, 1386