Canada — Quebec Act or statute

Canada — Quebec legislation

Public Curator Act, 1989

The Government must appoint a Public Curator, and may appoint an Assistant Public Curator when required after consulting the Public Curator.

Source excerpt

administration of property of othersannual reportingappropriationbeneficiary rightsbenefitsburial arrangementscompensationcopying recordscourt authorizationcourt filingcourt representationcuratorshipdefence preparationdisability report handlingdocument reference updatingemployment termsestate administrationestate recordsexecutive authorityfeesfinancial statementsgovernment paymentsguardianship administrationhypothecincapable personsinstitutional complianceinterest ratesinventoryland registrationlegal compliancelitigationpartitionpersonnel appointmentproceedingsproperty administrationproperty alienationproperty value thresholdprotection mandatesprotective supervisionpublic administrationpublic registersrecord accessregulatory compliancereportingrepresentationrevenue fundstatute consolidationsuccessiontransaction authorizationtutorship

Jurisdiction: Canada — Quebec
Structure: 249 provisions
Official identity: Year 1989
Dates: Enacted 1989 · Source version 10 Jun 2026

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Dates: Enacted 1989 · Source version 10 Jun 2026

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“The Government must appoint a Public Curator, and may appoint an Assistant Public Curator when required after consulting the Public Curator.”

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Enacted 1989 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Section 1

The Government must appoint a Public Curator, and may appoint an Assistant Public Curator when required after consulting the Public Curator.

Section 1

Section 39

The Public Curator must give a summary account of the administration once a year, when requested by the listed persons. The Public Curator is also not required to provide security.

Section 39

Section 84

84. (Omitted). 1989, c. 54, s. 84.

Section 84

Section 146

146. (Amendment integrated into c. C-25, a. 884). 1989, c. 54, s. 146.

Section 146

Schedule

This schedule repeals chapter 54 of the statutes of 1989, with listed sections excepted.

Schedule

Source and current-law status

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1989 · Source version 10 Jun 2026

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Showing 249 of 249 provisions

Provision 139Amendment 66Repeal 42Offence 2

§ 1Section 1Provision

Source excerpt

The Government must appoint a Public Curator, and may appoint an Assistant Public Curator when required after consulting the Public Curator.

1. The Government shall appoint a person to act as Public Curator. It shall also appoint an Assistant Public Curator, where required and after consulting with the Public Curator. The Public Curator’s mission is mainly to see that incapable persons are protected. The Public Curator shall exercise his functions in their interest and in such a manner as to respect their rights and safeguard their autonomy, taking into account their wishes and preferences. He is also responsible for recognizing assistants to persons of full age and for seeing to the protection of the patrimony of minors. The Public Curator shall inform persons who are assisted or represented, persons designated to represent incapable persons of full age, tutors to minors and assistants to persons of full age of the rules concerning them. He shall raise public awareness of the issues relating to incapacity and shall inform the public about means for protecting incapable persons. 1989, c. 54, s. 1; 2020, c. 11, s. 116.

Section 1Verify source

§ 2Section 2Provision

Source excerpt

The Public Curator has a five-year term, the Assistant Public Curator a term of up to five years, and both stay in office after expiry until reappointed or replaced.

2. The Public Curator is appointed for a five-year term. The Assistant Public Curator is appointed for a term of not over five years. At the expiry of their term, they shall remain in office until they are reappointed or replaced. 1989, c. 54, s. 2; 2020, c. 11, s. 117.

Section 2Verify source

§ 3Section 3Provision

Source excerpt

3. The Public Curator and the Assistant Public Curator may resign at any time by giving written notice to the minister responsible for the administration of this Act. They cannot be dismissed except for cause. 1989, c. 54, s. 3; 1996, c.

Section 3Verify source

§ 4Section 4Provision

Source excerpt

The Government must fix the remuneration, social benefits, and other employment conditions of the Public Curator and the Assistant Public Curator.

4. The Government shall fix the remuneration, social benefits and the other conditions of employment of the Public Curator and of the Assistant Public Curator. 1989, c. 54, s. 4; 2020, c. 11, s. 119.

Section 4Verify source

§ 5Section 5Provision

Source excerpt

The Public Curator and the Assistant Public Curator must devote themselves only to their office duties and may not hold any other function, office, or employment unless authorized by the Government.

5. The Public Curator and the Assistant Public Curator shall attend exclusively to their duties of office and shall hold no other function, office or employment without the authorization of the Government. 1989, c. 54, s. 5; 2020, c. 11, s. 120.

Section 5Verify source

§ 6Section 6Provision

Source excerpt

The Public Curator and Assistant Public Curator must take an oath before taking office, including a confidentiality promise.

6. The Public Curator and the Assistant 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 (or the Assistant 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 and the Assistant 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; 2020, c. 11, s. 121.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

The Public Curator must define the Assistant Public Curator’s functions and arrange replacements, publication, and signed designation when the Assistant Public Curator is unavailable.

7. The Public Curator shall define the functions of the Assistant Public Curator. If the Public Curator is absent or unable to act or if the office of Public Curator is vacant, the Assistant Public Curator shall replace him. If the Assistant Public Curator is absent or unable to act, the Public Curator shall designate, in writing, one or more persons from his personnel to replace the Assistant Public Curator. 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; 2020, c. 11, s. 122.

Section 7Verify source

§ 7.1Section 7.1Provision

Source excerpt

An act, document, or writing binds or may be attributed to the Public Curator only if it is signed by the Public Curator, the Assistant Public Curator, or a delegated public servant or employee within the delegation instrument.

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 by the Assistant 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; 2020, c. 11, s. 123.

Section 7.1Verify source

§ 8Section 8Provision

Source excerpt

If both curator offices are vacant or unable to act, the Government must appoint a temporary Public Curator.

8. Where the offices of Public Curator and Assistant Public Curator are vacant or the Public Curator and the Assistant Public Curator are unable to act, the Government shall designate a person to temporarily exercise the function of Public Curator. The Government shall, where required, fix the salary, additional salary, fees and allowances of the person designated. 1989, c. 54, s. 8; 2020, c. 11, s. 124.

Section 8Verify source

§ 9Section 9Provision

Source excerpt

Public Curator personnel must be appointed under the Public Service Act, and the Public Curator has chief executive officer powers for that personnel.

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.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

Personnel of the Public Curator are subject to the same legal restrictions as the Public Curator for property under his administration.

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.

Section 10Verify source

§ 11Section 11Provision

Source excerpt

The Public Curator may authorize a non-personnel natural or legal person in writing to carry out duties needed or useful for administering the Act.

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.

Section 11Verify source

§ 12Section 12Provision

Source excerpt

The Public Curator has powers given by the Civil Code, this Act, or any other Act, and is responsible for several guardianship and property-administration functions.

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 to persons of full age, of certain tutorships to minors and of tutorships to absentees; (2) tutorships, temporary representation of incapable persons of full age 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 to persons of full age who are not already provided with a tutor; (4) recognition of assistants to persons of full age; (5) examination of the accounts rendered by certain mandataries under article 2166.1 of the Civil Code. 1989, c. 54, s. 12; 1997, c. 80, s. 2; 2005, c. 44, s. 36; 2011, c. 10, s. 71; 2020, c. 11, s. 125.

Section 12Verify source

§ 12.1Section 12.1Provision

Source excerpt

12.1. The Public Curator, the Assistant Public Curator, members of the the Public Curator’s personnel and persons referred to in section 11 may not be prosecuted for anything done in good faith in the exercise of the functions assigned to

Section 12.1Verify source

§ 13Section 13Provision

Source excerpt

The Public Curator may intervene in proceedings about several adult and minor protection matters.

13. The Public Curator may intervene in any proceedings pertaining to (1) tutorship to a person of full age; (2) tutorship to an absentee; (3) temporary representation of an incapable person of full age; (4) assistance to a person of full age; (5) a protection mandate; (6) the integrity of a person of full age who is incapable of giving consent and who is not provided with a tutor or mandatary; (7) tutorship to a minor; (8) the emancipation of a minor. 1989, c. 54, s. 13; 1992, c. 57, s. 552; 1997, c. 80, s. 3; I.N. 2016-01-01 (NCCP); 2020, c. 11, s. 128.

Section 13Verify source

§ 14Section 14Provision

Source excerpt

14. The Public Curator, upon receiving a report from the competent person under the Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or 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 any appropriate measure within a reasonable time, including calling a meeting of relatives, persons connected by marriage or a civil union, or friends, 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 tutorship to a person of full age, 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 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 tutorship to a person of full age 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; 2020, c. 11, s. 129; 2023, c. 34, s. 991.

Section 14Verify source

§ 14.1Section 14.1Provision

Source excerpt

When acting under section 14, the Public Curator may obtain a copy of a protection mandate from the notary or lawyer who holds it.

14.1. When acting under section 14, the Public Curator may, to take into account the wishes expressed by the person of full age in a protection mandate, obtain a copy of it from any notary or lawyer who is its depositary. This section applies notwithstanding section 64 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1). 2020, c. 11, s. 130.

Section 14.1Verify source

§ 14.2Section 14.2Provision

Source excerpt

The Public Curator must report certain suspected exploitation situations to the Commission des droits de la personne et des droits de la jeunesse.

14.2. The Public Curator shall report to the Commission des droits de la personne et des droits de la jeunesse any situation that may be a case of exploitation within the meaning of section 48 of the Charter of human rights and freedoms (chapter C-12) necessitating the intervention of that Commission. 2020, c. 11, s. 130.

Section 14.2Verify source

§ 15Section 15Provision

Source excerpt

When acting in a tutorship, the Public Curator must seek a replacement tutor and may help someone get appointed.

15. In exercising a tutorship, the Public Curator shall seek a tutor 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 and, in particular, call a meeting of relatives, persons connected by marriage or a civil union, or friends of the incapable person. 1989, c. 54, s. 15; 2002, c. 6, s. 235; 2020, c. 11, s. 131.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

The Public Curator must establish a representation plan when exercising tutorship to a person of full age, and must communicate that plan to the person.

16. In exercising tutorship to a person of full age, the Public Curator shall establish a representation plan, which he is to review periodically. The Public Curator shall communicate the representation plan to the person of full age. 1989, c. 54, s. 16; 1992, c. 21, s. 144, s. 375; 1992, c. 57, s. 553; 2020, c. 11, s. 132.

Section 16Verify source

§ 17Section 17Provision

Source excerpt

A delegate performing certain tutorship duties for an adult must, as far as possible, keep a personal relationship, involve the adult in decisions, and keep the adult informed.

17. The person to whom the performance of certain duties of tutorship to a person of full age is delegated must, so far as possible, maintain a personal relationship with the person of full age, involve him in the decisions made in his regard and keep him informed of those decisions. 1989, c. 54, s. 17; 1992, c. 57, s. 554; 2020, c. 11, s. 133.

Section 17Verify source

§ 17.1Section 17.1Provision

Source excerpt

The minister responsible for administering the Act must appoint a committee to advise the Public Curator.

17.1. The minister responsible for the administration of this Act shall appoint a committee to advise the Public Curator on matters under the Public Curator’s jurisdiction. 1999, c. 30, s. 3; 2005, c. 24, s. 33; 2020, c. 11, s. 134.

Section 17.1Verify source

§ 17.2Section 17.2Provision

Source excerpt

The committee must have six non-personnel members, members are appointed for no more than three years, members stay in office until replaced or reappointed, the committee must meet at least twice a year, and quorum is four members.

17.2. The committee 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; 2020, c. 11, s. 135.

Section 17.2Verify source

§ 17.3Section 17.3Provision

Source excerpt

Committee members receive no remuneration unless the Government determines otherwise; they are entitled to expense reimbursement under government-set conditions.

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.

Section 17.3Verify source

§ 17.4Section 17.4Provision

Source excerpt

The Public Curator must provide committee members with all documents relevant to carrying out their mandate.

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.

Section 17.4Verify source

§ 18Section 18Provision

Source excerpt

If article 258 of the Civil Code does not apply to a person in Québec who is not domiciled there, the court may appoint the Public Curator as temporary tutor.

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 tutor 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; 2020, c. 11, s. 136.

Section 18Verify source

§ 19Section 19Provision

Source excerpt

If a person represented by the Public Curator no longer ordinarily lives in Québec, the Public Curator may ask the court to be relieved of the office of tutor.

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. 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 or that the person does not need to be so represented in accordance with those laws. However, the court may grant the application if sufficient effort has been made to provide such proof, but such effort has been in vain. 1989, c. 54, s. 19; 2020, c. 11, s. 137.

Section 19Verify source

§ 20Section 20Provision

Source excerpt

The Public Curator must inform tutors how to fulfil their obligations, and tutors must send the Public Curator specified documents, including an inventory within 60 days after tutorship begins.

20. The Public Curator, in exercising his powers of supervision over the administration of tutorships, shall inform tutors of the manner in which they are to fulfil their obligations. Tutors shall transmit to the Public Curator, within 60 days of the institution of tutorship, a copy of the inventory of the property entrusted to their management, 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 account of their management, a copy of the periodic report on the assessment of the incapacity of the person of full age at the end of each year in which such an assessment must be made, and a copy of their final account. 1989, c. 54, s. 20; 1997, c. 80, s. 6; 2020, c. 11, s. 138.

Section 20Verify source

§ 20.1Section 20.1Provision

Source excerpt

The Public Curator may, in warranted circumstances and on conditions he تعیینes, authorize or exempt certain tutor-related measures.

20.1. Notwithstanding the provisions of the Civil Code and this Act, the Public Curator may, where circumstances warrant it and on the conditions he determines, (1) authorize the tutor to mingle his property with that of his spouse to whom he is tutor; (2) authorize the tutor to render an account otherwise than by sending an annual account of his management; (3) exempt the tutor to a minor from establishing a tutorship council. 2020, c. 11, s. 139.

Section 20.1Verify source

§ 21Section 21Provision

Source excerpt

The Public Curator may require an accountant to examine books and accounts for property administered by a tutor, if the property value exceeds $100,000 or if there is serious reason to fear injury to the represented person.

21. The Public Curator may require that the books and accounts relating to property administered by a tutor be examined by an accountant if the value of the administered property exceeds $100,000, or if there is a serious reason to fear that the person represented may suffer injury by reason of the administration of the tutor. 1989, c. 54, s. 21; 2020, c. 11, s. 140.

Section 21Verify source

§ 22Section 22Provision

Source excerpt

The Public Curator may seek replacement of a tutor or revocation of a protection mandate in specified serious circumstances. If the court orders it, the Public Curator must exercise tutorship during proceedings or protect the incapable person or their property; a replacement mandatary must first swear an oath before applying to replace the initial mandatary.

22. The Public Curator may apply for the replacement of a tutor on the grounds set out in the Civil Code or where the annual management account of the tutor or an inquiry held by the Public Curator gives serious reason to fear that the person represented may suffer injury by reason of the tutor failing to perform his duties, or performing them improperly. Where a protection mandate is not being faithfully performed or for any other serious reason, the Public Curator may also apply for the revocation of the mandate or communicate to the replacement mandatary the necessary information so that the latter may apply to replace the initial mandatary. In the latter case, the replacement mandatary must first attest under oath that he intends to file such an application. Where the court so orders, the Public Curator shall, during proceedings, exercise tutorship or, where revocation of the mandate is applied for, ensure the protection of the incapable person or the administration of his property. 1989, c. 54, s. 22; I.N. 2016-01-01 (NCCP); 2020, c. 11, s. 141.

Section 22Verify source

§ 23Section 23Provision

Source excerpt

The Public Curator may accept a voluntary undertaking, instead of seeking replacement of a tutor or revocation of a mandate.

23. The Public Curator, instead of applying for the replacement of a tutor 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; 2020, c. 11, s. 254.

Section 23Verify source

§ 24Section 24Repeal

Source excerpt

Section 24 is repealed.

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.

Section 24Verify source

§ 24.1Section 24.1Repeal

Source excerpt

Section 24.1 is repealed.

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.

Section 24.1Verify source

§ 24.2Section 24.2Repeal

Source excerpt

Section 24.2 is repealed.

24.2. (Repealed). 1997, c. 80, s. 9; 2011, c. 10, s. 72.

Section 24.2Verify source

§ 24.3Section 24.3Repeal

Source excerpt

Section 24.3 is repealed.

24.3. (Repealed). 1997, c. 80, s. 9; 2011, c. 10, s. 72.

Section 24.3Verify source

§ 25Section 25Repeal

Source excerpt

Section 25 is repealed.

25. (Repealed). 1989, c. 54, s. 25; 1997, c. 80, s. 10.

Section 25Verify source

§ 26Section 26Repeal

Source excerpt

Section 26 is repealed.

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

Section 26Verify source

§ 26.1Section 26.1Repeal

Source excerpt

Section 26.1 is repealed.

26.1. (Repealed). 1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

Section 26.1Verify source

§ 26.2Section 26.2Repeal

Source excerpt

Section 26.2 is repealed.

26.2. (Repealed). 1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

Section 26.2Verify source

§ 26.3Section 26.3Repeal

Source excerpt

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

Section 26.3Verify source

§ 26.4Section 26.4Repeal

Source excerpt

Section 26.4 is repealed.

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

Section 26.4Verify source

§ 26.5Section 26.5Repeal

Source excerpt

26.5. (Repealed). 1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

Section 26.5Verify source

§ 26.6Section 26.6Repeal

Source excerpt

Section 26.6 is repealed.

26.6. (Repealed). 1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

Section 26.6Verify source

§ 26.7Section 26.7Repeal

Source excerpt

Section 26.7 is repealed.

26.7. (Repealed). 1997, c. 80, s. 11; 2005, c. 44, s. 37; 2011, c. 10, s. 72.

Section 26.7Verify source

§ 26.8Section 26.8Repeal

Source excerpt

This section is repealed.

26.8. (Repealed). 1997, c. 80, s. 11; 2011, c. 10, s. 72.

Section 26.8Verify source

§ 26.9Section 26.9Repeal

Source excerpt

Section 26.9 is repealed.

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

Section 26.9Verify source

§ 27Section 27Provision

Source excerpt

The Public Curator may hold an inquiry on its own initiative or on request about represented persons, administered property, minors, persons under tutorship, temporary representation or assistance, and certain incapable persons.

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 tutorship, temporary representation or assistance; he may, in the same manner, hold an inquiry relating to any incapable person whose care or the administration of whose property has 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; 2020, c. 11, s. 142.

Section 27Verify source

§ 27.1Section 27.1Repeal

Source excerpt

Section 27.1 is repealed.

27.1. (Repealed). 1997, c. 80, s. 14; 2005, c. 44, s. 37; 2011, c. 10, s. 73.

Section 27.1Verify source

§ 28Section 28Provision

Source excerpt

The Public Curator, or someone authorized by the Public Curator, may enter certain institutional facilities at a reasonable time or in urgent cases to consult and copy relevant records. The institution must send a copy of the record to the Public Curator on request.

28. 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 the Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) to consult, on the premises, the relevant record for an incapable person or a person under tutorship or under a protection mandate 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; 2020, c. 11, s. 143; 2023, c. 5, s. 210; 2023, c. 34, s. 992. The amendments made by 2023, c. 5, s. 210 are in force except as regards to the replacement in the first paragraph, where that paragraph applies to the records of beneficiaries in an institution referred to in the Act respecting health services and social services for Cree Native persons (chapter S-5) and the information they contain; See Order in Council 946-2024 dated 5 June 2024, (2024) 156 G.O. 2, 2123.

Section 28Verify source

§ 28.1Section 28.1Provision

Source excerpt

People authorized under section 28 must identify themselves and show a certificate of authorization when asked.

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.

Section 28.1Verify source

§ 28.2Section 28.2Provision

Source excerpt

The rules of this chapter apply unless another Act requires the Public Curator to use different rules for administering property entrusted to the Public Curator.

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.

Section 28.2Verify source

§ 29Section 29Provision

Source excerpt

When entrusted with property administration, the Public Curator must make an inventory.

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 by a private writing. If circumstances permit, it shall be made in the presence of witnesses. 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; 2020, c. 11, s. 144.

Section 29Verify source

§ 30Section 30Provision

Source excerpt

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

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.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

The Public Curator must register his capacity as administrator in the land register for every immovable under his administration.

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.

Section 31Verify source

§ 32Section 32Repeal

Source excerpt

Section 32 is repealed.

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

Section 32Verify source

§ 33Section 33Provision

Source excerpt

The Public Curator must not mix the property it administers with State property.

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.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

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. However, where such a person fails or is unable to act, the authorization of the court is required to alienate property whose value exceeds $40,000 by onerous title or to charge property with a hypothec exceeding that value. In addition to the grounds set out in article 1305 of the Civil Code, authorization to alienate property by onerous title or to charge property with a hypothec may also be given where the act is necessary to ensure the education and maintenance of the person represented or to preserve the value of his patrimony. Such authorization may also be given where that is the wish of the person of full age and there is no risk that the person of full age will suffer serious injury as a result. 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 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; 2020, c. 11, s. 145.

Section 34Verify source

§ 35Section 35Provision

Source excerpt

The Public Curator may borrow without court authorization, using the property in the patrimony he administers as security, to fund repairs to an immovable and to pay encumbrances affecting it.

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.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

The Public Curator may demand partition, take part in it, or transact without court authorization if its concessions do not exceed the stated value limit.

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 the greater of $15,000 and the amount corresponding to 15% of the value of the property that is being partitioned or of the value in dispute that is being transacted. 1989, c. 54, s. 36; 2020, c. 11, s. 146.

Section 36Verify source

§ 37Section 37Repeal

Source excerpt

Section 37 is repealed.

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.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

For acts under sections 35 to 37, the Public Curator does not have to follow certain formalities in the Civil Code or section 34 of this Act.

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).

Section 38Verify source

§ 39Section 39Provision

Source excerpt

The Public Curator must give a summary account of the administration once a year, when requested by the listed persons. The Public Curator is also not required to provide security.

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.

Section 39Verify source

§ 40Section 40Provision

Source excerpt

The Public Curator’s administration ends automatically when any of the listed events occurs.

40. The administration of the Public Curator ceases by operation of law (1) when the tutorship ends, or when a judgment orders the appointment of another tutor; (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; 2020, c. 11, s. 254.

Section 40Verify source

§ 41Section 41Provision

Source excerpt

On termination of the Public Curator’s administration, the Public Curator must account for the administration and transfer the property to the persons entitled to it.

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.

Section 41Verify source

§ 41.1Section 41.1Repeal

Source excerpt

Section 41.1 is repealed.

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

Section 41.1Verify source

§ 42Section 42Provision

Source excerpt

The Public Curator must keep administering the estate after the represented person’s death until the succession is accepted, and may need to arrange interment or cremation.

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 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); 2020, c. 11, s. 147.

Section 42Verify source

§ 42.1Section 42.1Provision

Source excerpt

A person claiming property or a sum of money from the Public Curator must establish their status.

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.

Section 42.1Verify source

§ 43Section 43Provision

Source excerpt

The Public Curator must keep separate administration and accounting for each patrimony under his administration.

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.

Section 43Verify source

§ 44Section 44Provision

Source excerpt

The Public Curator may create joint portfolios with available moneys from property it administers, under an investment policy made after consultation with the investment committee. The Public Curator must manage those portfolios under Civil Code rules for presumed-sound investments, and may also make bearer investments if they are presumed sound under article 1339.

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.

Section 44Verify source

§ 44.1Section 44.1Provision

Source excerpt

The Public Curator may entrust management of the joint portfolios to the Caisse de dépôt et placement du Québec or to a qualifying subsidiary.

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.

Section 44.1Verify source

§ 45Section 45Provision

Source excerpt

The Public Curator must credit each affected person’s account with revenues from the joint portfolios at least twice a year.

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.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

The minister responsible for administering the Act must appoint a committee to advise the Public Curator on investment of the property under joint administration.

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.

Section 46Verify source

§ 47Section 47Provision

Source excerpt

Committee members are appointed for a term of up to three years and stay in office after the term ends until they are reappointed or replaced.

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.

Section 47Verify source

§ 48Section 48Provision

Source excerpt

Committee members generally receive no remuneration, except as the Government determines, and they may be reimbursed for expenses incurred in carrying out their duties.

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.

Section 48Verify source

§ 49Section 49Provision

Source excerpt

The Public Curator must report his investment portfolio to the committee at least four times a year.

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.

Section 49Verify source

§ 50Section 50Provision

Source excerpt

The Public Curator must keep a record for each person he represents or whose property he administers.

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.

Section 50Verify source

§ 51Section 51Provision

Source excerpt

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.

Section 51Verify source

§ 52Section 52Provision

Source excerpt

Generally, no person may access or communicate records kept by the Public Curator about a represented person or a person whose property the Public Curator administers, except for the listed exceptions. The Public Curator may also issue certain status certificates at an interested person’s request.

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; (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. Nevertheless, at the request of an interested person, the Public Curator may certify that a person is a minor, under tutorship, under a protection mandate or under temporary representation and indicate the name of the tutor, mandatary or representative. The Public Curator may also certify that a person is recognized as an assistant to a specified person of full age. 1989, c. 54, s. 52; 1999, c. 40, s. 99; 2002, c. 6, s. 235; 2020, c. 11, s. 148.

Section 52Verify source

§ 53Section 53Provision

Source excerpt

The Public Curator may temporarily refuse to release certain medical or social information to a represented person if the attending physician believes release would likely seriously harm the person’s health.

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 harm 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; 2020, c. 11, s. 149.

Section 53Verify source

§ 53.1Section 53.1Provision

Source excerpt

Certain listed people have a right to obtain information from the deceased person’s file, but only to the extent that it affects their interests or rights in that role.

53.1. The liquidator of the succession, the beneficiary of life insurance or of a death benefit or the heir or successor of the person who was represented by the Public Curator or whose property was administered by the Public Curator has the right to obtain information contained in the file of the deceased person to the extent that the information affects his interests or rights as liquidator, beneficiary, heir or successor. 2020, c. 11, s. 150.

Section 53.1Verify source

§ 54Section 54Provision

Source excerpt

The Public Curator must keep specified registers, and the registers may contain only information prescribed by regulation.

54. The Public Curator shall keep a register of tutorships to minors, a register of tutorships to persons of full age, a register of assistants to persons of full age, a register of homologated protection mandates and a register of authorizations for temporary representation of incapable persons of full age. 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); 2020, c. 11, s. 151.

Section 54Verify source

§ 55Section 55Provision

Source excerpt

The Public Curator may charge fees, in addition to reimbursed expenses, for certain representation, property administration, tutorship supervision, and other duties assigned by law.

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 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; 2020, c. 11, s. 254.

Section 55Verify source

§ 56Section 56Repeal

Source excerpt

Section 56 is repealed.

56. (Repealed). 1989, c. 54, s. 56; 1994, c. 29, s. 5; 1999, c. 30, s. 6.

Section 56Verify source

§ 57Section 57Provision

Source excerpt

The Public Curator may charge interest, at a rate set by regulation, on amounts advanced to a patrimony he administers.

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.

Section 57Verify source

§ 58Section 58Provision

Source excerpt

The Public Curator must charge expenditures for this Act to the yearly appropriations voted by Parliament. Fees, interest, and other sums collected under sections 55 and 57 must be paid into the Consolidated Revenue Fund.

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.

Section 58Verify source

§ 58.1Section 58.1Repeal

Source excerpt

Section 58.1 is repealed.

58.1. (Repealed). 1997, c. 80, s. 31; 1999, c. 30, s. 9.

Section 58.1Verify source

§ 59Section 59Repeal

Source excerpt

Section 59 is repealed.

59. (Repealed). 1989, c. 54, s. 59; 1994, c. 29, s. 6; 1997, c. 80, s. 32; 1999, c. 30, s. 10.

Section 59Verify source

§ 59.1Section 59.1Repeal

Source excerpt

Section 59.1 is repealed.

59.1. (Repealed). 1997, c. 80, s. 32; 1999, c. 30, s. 11.

Section 59.1Verify source

§ 60Section 60Repeal

Source excerpt

Section 60 is repealed.

60. (Repealed). 1989, c. 54, s. 60; 1994, c. 29, s. 7; 1997, c. 80, s. 33.

Section 60Verify source

§ 61Section 61Repeal

Source excerpt

Section 61 is repealed.

61. (Repealed). 1989, c. 54, s. 61; 1997, c. 80, s. 34; 1999, c. 30, s. 12.

Section 61Verify source

§ 62Section 62Repeal

Source excerpt

Section 62 is repealed.

62. (Repealed). 1989, c. 54, s. 62; 1992, c. 57, s. 565; 1994, c. 29, s. 8; 1997, c. 80, s. 35.

Section 62Verify source

§ 63Section 63Repeal

Source excerpt

Section 63 is repealed.

63. (Repealed). 1989, c. 54, s. 63; 1999, c. 30, s. 13.

Section 63Verify source

§ 64Section 64Repeal

Source excerpt

Section 64 is repealed.

64. (Repealed). 1989, c. 54, s. 64; 1997, c. 80, s. 36; 1999, c. 30, s. 14.

Section 64Verify source

§ 65Section 65Repeal

Source excerpt

Section 65 is repealed.

65. (Repealed). 1989, c. 54, s. 65; 1991, c. 72, s. 6; 1994, c. 18, s. 34; 1999, c. 30, s. 15.

Section 65Verify source

§ 66Section 66Provision

Source excerpt

The books and accounts for property administered by the Public Curator must be audited every year by the Auditor General, and also whenever the Government orders it.

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.

Section 66Verify source

§ 67Section 67Provision

Source excerpt

The Public Curator must file financial statements and a report of activities with the minister responsible for the administration of the Act by 31 October each year.

67. The Public Curator must, not later than 31 October 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; 2020, c. 11, s. 152.

Section 67Verify source

§ 67.0.1Section 67.0.1Provision

Source excerpt

The minister responsible for administering the Act must table the Public Curator’s activities report and financial statements in the National Assembly within 30 days of receiving them, or within 30 days after the Assembly resumes if it is not in session.

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.

Section 67.0.1Verify source

§ 67.1Section 67.1Repeal

Source excerpt

Section 67.1 is repealed.

67.1. (Repealed). 1997, c. 80, s. 38; 1999, c. 30, s. 18.

Section 67.1Verify source

§ 67.2Section 67.2Repeal

Source excerpt

Section 67.2 is repealed.

67.2. (Repealed). 1997, c. 80, s. 38; 1999, c. 30, s. 18.

Section 67.2Verify source

§ 67.3Section 67.3Repeal

Source excerpt

Section 67.3 is repealed.

67.3. (Repealed). 1997, c. 80, s. 38; 1999, c. 30, s. 18.

Section 67.3Verify source

§ 67.4Section 67.4Repeal

Source excerpt

67.4. (Repealed). 1997, c. 80, s. 38; 1999, c. 30, s. 18.

Section 67.4Verify source

§ 68Section 68Repeal

Source excerpt

The Government may make regulations on the listed matters, including reports, assessment forms, register information, fees, interest rates, and the Public Curator’s main place of duty.

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

Section 68Verify source

§ 69Section 69Repeal

Source excerpt

Section 69 is repealed.

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

Section 69Verify source

§ 69.1Section 69.1Offence

Source excerpt

A person must not hinder the Public Curator or an authorized person exercising a power under section 28.

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.

Section 69.1Verify source

§ 70Section 70Offence

Source excerpt

A tutor who breaches section 20(2) or fails to have required books and accounts audited commits an offence and can be fined.

70. Any tutor 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; 2020, c. 11, s. 254.

Section 70Verify source

§ 71Section 71Repeal

Source excerpt

Section 71 is repealed.

71. (Repealed). 1989, c. 54, s. 71; 1992, c. 61, s. 252.

Section 71Verify source

§ 72Section 72Provision

Source excerpt

The Public Curator may appear before the courts, and may appear personally or through authorized representation in the specified proceedings.

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.

Section 72Verify source

§ 73Section 73Provision

Source excerpt

Court proceedings on the Public Curator must be served at the main place where he performs his duties, and the court clerk must promptly send the Public Curator free copies of certain judgments and transactions involving a minor or person under tutorship.

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, and of any transaction made within the scope of proceedings to which the tutor is a party in such quality. 1989, c. 54, s. 73; 2020, c. 11, s. 254.

Section 73Verify source

§ 74Section 74Provision

Source excerpt

On application by the Public Curator, a judge may suspend a judicial proceeding for up to 30 days.

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.

Section 74Verify source

§ 75Section 75Provision

Source excerpt

A document signed by the Public Curator is accepted as prima facie evidence of its contents, and the Curator’s signature and authority do not need separate proof. Written declarations to be sworn by the Public Curator may be sworn under the Curator’s oath of office.

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.

Section 75Verify source

§ 75.1Section 75.1Provision

Source excerpt

The Public Curator may enter into an agreement to administer this Act with a person, partnership, association, or certain government bodies.

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.

Section 75.1Verify source

§ 76Section 76Provision

Source excerpt

The Public Curator may, according to law, make agreements with another government or its department or body to administer this Act or a similar Act.

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.

Section 76Verify source

§ 76.1Section 76.1Repeal

Source excerpt

Section 76.1 is repealed.

76.1. (Repealed). 2005, c. 44, s. 44; 2011, c. 1, s. 10; 2011, c. 10, s. 90.

Section 76.1Verify source

§ 76.2Section 76.2Repeal

Source excerpt

Section 76.2 is repealed.

76.2. (Repealed). 2005, c. 44, s. 44; 2010, c. 31, s. 86; 2011, c. 10, s. 90.

Section 76.2Verify source

§ 76.3Section 76.3Repeal

Source excerpt

Section 76.3 is repealed.

76.3. (Repealed). 2005, c. 44, s. 44; 2011, c. 10, s. 90.

Section 76.3Verify source

§ 76.4Section 76.4Repeal

Source excerpt

Section 76.4 is repealed.

76.4. (Repealed). 2005, c. 44, s. 44; 2011, c. 10, s. 90.

Section 76.4Verify source

§ 77Section 77Provision

Source excerpt

The Minister of Families is responsible for administering this Act.

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.

Section 77Verify source

§ 78Section 78Provision

Source excerpt

78. (Omitted). 1989, c. 54, s. 78.

Section 78Verify source

§ 79Section 79Provision

Source excerpt

79. (Omitted). 1989, c. 54, s. 79.

Section 79Verify source

§ 80Section 80Provision

Source excerpt

80. (Omitted). 1989, c. 54, s. 80.

Section 80Verify source

§ 81Section 81Provision

Source excerpt

81. (Omitted). 1989, c. 54, s. 81.

Section 81Verify source

§ 82Section 82Provision

Source excerpt

82. (Omitted). 1989, c. 54, s. 82.

Section 82Verify source

§ 83Section 83Provision

Source excerpt

83. (Omitted). 1989, c. 54, s. 83.

Section 83Verify source

§ 84Section 84Provision

Source excerpt

84. (Omitted). 1989, c. 54, s. 84.

Section 84Verify source

§ 85Section 85Provision

Source excerpt

85. (Omitted). 1989, c. 54, s. 85.

Section 85Verify source

§ 86Section 86Provision

Source excerpt

86. (Omitted). 1989, c. 54, s. 86.

Section 86Verify source

§ 87Section 87Provision

Source excerpt

87. (Omitted). 1989, c. 54, s. 87.

Section 87Verify source

§ 88Section 88Provision

Source excerpt

88. (Omitted). 1989, c. 54, s. 88.

Section 88Verify source

§ 89Section 89Provision

Source excerpt

89. (Omitted). 1989, c. 54, s. 89.

Section 89Verify source

§ 90Section 90Provision

Source excerpt

90. (Omitted). 1989, c. 54, s. 90.

Section 90Verify source

§ 91Section 91Provision

Source excerpt

91. (Omitted). 1989, c. 54, s. 91.

Section 91Verify source

§ 92Section 92Provision

Source excerpt

92. (Omitted). 1989, c. 54, s. 92.

Section 92Verify source

§ 93Section 93Provision

Source excerpt

Section 93 is omitted.

93. (Omitted). 1989, c. 54, s. 93.

Section 93Verify source

§ 94Section 94Provision

Source excerpt

Section 94 is omitted.

94. (Omitted). 1989, c. 54, s. 94.

Section 94Verify source

§ 95Section 95Provision

Source excerpt

95. (Omitted). 1989, c. 54, s. 95.

Section 95Verify source

§ 96Section 96Provision

Source excerpt

96. (Omitted). 1989, c. 54, s. 96.

Section 96Verify source

§ 97Section 97Provision

Source excerpt

97. (Omitted). 1989, c. 54, s. 97.

Section 97Verify source

§ 98Section 98Provision

Source excerpt

98. (Omitted). 1989, c. 54, s. 98.

Section 98Verify source

§ 99Section 99Provision

Source excerpt

99. (Omitted). 1989, c. 54, s. 99.

Section 99Verify source

§ 100Section 100Provision

Source excerpt

100. (Omitted). 1989, c. 54, s. 100.

Section 100Verify source

§ 101Section 101Provision

Source excerpt

101. (Omitted). 1989, c. 54, s. 101.

Section 101Verify source

§ 102Section 102Provision

Source excerpt

102. (Omitted). 1989, c. 54, s. 102.

Section 102Verify source

§ 103Section 103Provision

Source excerpt

103. (Omitted). 1989, c. 54, s. 103.

Section 103Verify source

§ 104Section 104Provision

Source excerpt

104. (Omitted). 1989, c. 54, s. 104.

Section 104Verify source

§ 105Section 105Provision

Source excerpt

105. (Omitted). 1989, c. 54, s. 105.

Section 105Verify source

§ 106Section 106Provision

Source excerpt

106. (Omitted). 1989, c. 54, s. 106.

Section 106Verify source

§ 107Section 107Provision

Source excerpt

Section 107 is omitted.

107. (Omitted). 1989, c. 54, s. 107.

Section 107Verify source

§ 108Section 108Provision

Source excerpt

108. (Omitted). 1989, c. 54, s. 108.

Section 108Verify source

§ 109Section 109Provision

Source excerpt

Section 109 is omitted.

109. (Omitted). 1989, c. 54, s. 109.

Section 109Verify source

§ 110Section 110Provision

Source excerpt

110. (Omitted). 1989, c. 54, s. 110.

Section 110Verify source

§ 111Section 111Provision

Source excerpt

111. (Omitted). 1989, c. 54, s. 111.

Section 111Verify source

§ 112Section 112Provision

Source excerpt

112. (Omitted). 1989, c. 54, s. 112.

Section 112Verify source

§ 113Section 113Provision

Source excerpt

113. (Omitted). 1989, c. 54, s. 113.

Section 113Verify source

§ 114Section 114Provision

Source excerpt

114. (Omitted). 1989, c. 54, s. 114.

Section 114Verify source

§ 115Section 115Provision

Source excerpt

115. (Omitted). 1989, c. 54, s. 115.

Section 115Verify source

§ 116Section 116Provision

Source excerpt

Section 116 is omitted.

116. (Omitted). 1989, c. 54, s. 116.

Section 116Verify source

§ 117Section 117Provision

Source excerpt

117. (Omitted). 1989, c. 54, s. 117.

Section 117Verify source

§ 118Section 118Provision

Source excerpt

118. (Omitted). 1989, c. 54, s. 118.

Section 118Verify source

§ 119Section 119Provision

Source excerpt

119. (Omitted). 1989, c. 54, s. 119.

Section 119Verify source

§ 120Section 120Provision

Source excerpt

120. (Omitted). 1989, c. 54, s. 120.

Section 120Verify source

§ 121Section 121Provision

Source excerpt

121. (Omitted). 1989, c. 54, s. 121.

Section 121Verify source

§ 122Section 122Provision

Source excerpt

122. (Omitted). 1989, c. 54, s. 122.

Section 122Verify source

§ 123Section 123Provision

Source excerpt

123. (Omitted). 1989, c. 54, s. 123.

Section 123Verify source

§ 124Section 124Provision

Source excerpt

124. (Omitted). 1989, c. 54, s. 124.

Section 124Verify source

§ 125Section 125Provision

Source excerpt

125. (Omitted). 1989, c. 54, s. 125.

Section 125Verify source

§ 126Section 126Provision

Source excerpt

126. (Omitted). 1989, c. 54, s. 126.

Section 126Verify source

§ 127Section 127Provision

Source excerpt

127. (Omitted). 1989, c. 54, s. 127.

Section 127Verify source

§ 128Section 128Provision

Source excerpt

128. (Omitted). 1989, c. 54, s. 128.

Section 128Verify source

§ 129Section 129Provision

Source excerpt

129. (Omitted). 1989, c. 54, s. 129.

Section 129Verify source

§ 130Section 130Amendment

Source excerpt

130. (Amendment integrated into c. C-25, a. 4). 1989, c. 54, s. 130.

Section 130Verify source

§ 131Section 131Amendment

Source excerpt

131. (Amendment integrated into c. C-25, a. 70). 1989, c. 54, s. 131.

Section 131Verify source

§ 132Section 132Amendment

Source excerpt

This section states that the amendment was integrated into c. C-25, article 70.2.

132. (Amendment integrated into c. C-25, a. 70.2). 1989, c. 54, s. 132.

Section 132Verify source

§ 133Section 133Amendment

Source excerpt

133. (Amendment integrated into c. C-25, a. 97). 1989, c. 54, s. 133.

Section 133Verify source

§ 134Section 134Amendment

Source excerpt

134. (Amendment integrated into c. C-25, a. 483). 1989, c. 54, s. 134.

Section 134Verify source

§ 135Section 135Amendment

Source excerpt

This section is an amendment note stating that the amendment has been integrated into c. C-25, a. 818.2.

135. (Amendment integrated into c. C-25, a. 818.2). 1989, c. 54, s. 135.

Section 135Verify source

§ 136Section 136Amendment

Source excerpt

This section notes that the amendment has been integrated into c. C-25 for the heading of Chapter VII of Book VI.

136. (Amendment integrated into c. C-25, heading of Chapter VII of Book VI). 1989, c. 54, s. 136.

Section 136Verify source

§ 137Section 137Amendment

Source excerpt

This section only notes that the amendment was integrated into c. C-25, a. 877, and gives a historical citation to 1989, c. 54, s. 137.

137. (Amendment integrated into c. C-25, a. 877). 1989, c. 54, s. 137.

Section 137Verify source

§ 138Section 138Amendment

Source excerpt

This section is a historical note stating the amendment was integrated into another provision.

138. (Amendment integrated into c. C-25, a. 877.1). 1989, c. 54, s. 138.

Section 138Verify source

§ 139Section 139Amendment

Source excerpt

139. (Amendment integrated into c. C-25, a. 878). 1989, c. 54, s. 139.

Section 139Verify source

§ 140Section 140Amendment

Source excerpt

This section only notes that an amendment was integrated into another Act provision.

140. (Amendment integrated into c. C-25, aa. 878.1-878.3). 1989, c. 54, s. 140.

Section 140Verify source

§ 141Section 141Amendment

Source excerpt

This section is an amendment note indicating the provision was integrated into c. C-25, a. 879.

141. (Amendment integrated into c. C-25, a. 879). 1989, c. 54, s. 141.

Section 141Verify source

§ 142Section 142Amendment

Source excerpt

142. (Amendment integrated into c. C-25, a. 880). 1989, c. 54, s. 142.

Section 142Verify source

§ 143Section 143Amendment

Source excerpt

This section says the amendment was integrated into c. C-25, section 881.

143. (Amendment integrated into c. C-25, a. 881). 1989, c. 54, s. 143.

Section 143Verify source

§ 144Section 144Provision

Source excerpt

144. (Omitted). 1989, c. 54, s. 144.

Section 144Verify source

§ 145Section 145Amendment

Source excerpt

This section states that an amendment was integrated into c. C-25, a. 883, and gives a citation to 1989, c. 54, s. 145.

145. (Amendment integrated into c. C-25, a. 883). 1989, c. 54, s. 145.

Section 145Verify source

§ 146Section 146Amendment

Source excerpt

146. (Amendment integrated into c. C-25, a. 884). 1989, c. 54, s. 146.

Section 146Verify source

§ 147Section 147Amendment

Source excerpt

This section says the amendment is integrated into c. C-25, Section II and sections 884.1 to 884.6, and notes the 1989 citation.

147. (Amendment integrated into c. C-25, Section II and aa. 884.1-884.6). 1989, c. 54, s. 147.

Section 147Verify source

§ 148Section 148Amendment

Source excerpt

148. (Amendment integrated into c. A-2.1, s. 2.2). 1989, c. 54, s. 148.

Section 148Verify source

§ 149Section 149Amendment

Source excerpt

This section notes that an amendment is integrated into c. A-2.1, s. 4, and gives a citation to 1989, c. 54, s. 149.

149. (Amendment integrated into c. A-2.1, s. 4). 1989, c. 54, s. 149.

Section 149Verify source

§ 150Section 150Amendment

Source excerpt

This section states that an amendment has been integrated into c. A-2.1, section 53, and gives a citation to 1989, chapter 54, section 150.

150. (Amendment integrated into c. A-2.1, s. 53). 1989, c. 54, s. 150.

Section 150Verify source

§ 151Section 151Amendment

Source excerpt

This section states that an amendment has been integrated into c. A-2.1, section 123.

151. (Amendment integrated into c. A-2.1, s. 123). 1989, c. 54, s. 151.

Section 151Verify source

§ 152Section 152Amendment

Source excerpt

152. (Amendment integrated into c. A-2.1, s. 127). 1989, c. 54, s. 152.

Section 152Verify source

§ 153Section 153Amendment

Source excerpt

This section states that the amendment has been integrated into c. A-2.1, section 128.1.

153. (Amendment integrated into c. A-2.1, s. 128.1). 1989, c. 54, s. 153.

Section 153Verify source

§ 154Section 154Amendment

Source excerpt

154. (Amendment integrated into c. A-23, s. 58). 1989, c. 54, s. 154.

Section 154Verify source

§ 155Section 155Provision

Source excerpt

Section 155 is marked inoperative.

155. (Inoperative, 1989, c. 15, s. 1). 1989, c. 54, s. 155.

Section 155Verify source

§ 156Section 156Amendment

Source excerpt

156. (Amendment integrated into c. A-32, ss. 93.14, 93.79, 93.147, 93.229 and 174.8). 1989, c. 54, s. 156.

Section 156Verify source

§ 157Section 157Amendment

Source excerpt

157. (Amendment integrated into c. B-1, s. 87). 1989, c. 54, s. 157.

Section 157Verify source

§ 158Section 158Amendment

Source excerpt

This section states that the amendment has been integrated into c. B-1, section 122, and gives a citation to 1989, c. 54, section 158.

158. (Amendment integrated into c. B-1, s. 122). 1989, c. 54, s. 158.

Section 158Verify source

§ 159Section 159Amendment

Source excerpt

159. (Amendment integrated into c. B-1.1, s. 69). 1989, c. 54, s. 159.

Section 159Verify source

§ 160Section 160Amendment

Source excerpt

This section contains only amendment/history references, not an operative rule.

160. (Amendment integrated into c. C-14, s. 91). 1989, c. 54, s. 160.

Section 160Verify source

§ 161Section 161Amendment

Source excerpt

This section notes that the amendment was integrated into c. C-38, s. 42, and gives the 1989 citation.

161. (Amendment integrated into c. C-38, s. 42). 1989, c. 54, s. 161.

Section 161Verify source

§ 162Section 162Amendment

Source excerpt

This section states that the amendment has been integrated into c. C-38, s. 123.10.

162. (Amendment integrated into c. C-38, s. 123.10). 1989, c. 54, s. 162.

Section 162Verify source

§ 163Section 163Amendment

Source excerpt

163. (Amendment integrated into c. C-38, s. 123.73). 1989, c. 54, s. 163.

Section 163Verify source

§ 164Section 164Amendment

Source excerpt

This section only gives an amendment note and a citation.

164. (Amendment integrated into c. C-38, s. 140). 1989, c. 54, s. 164.

Section 164Verify source

§ 165Section 165Amendment

Source excerpt

This section notes that the amendment has been integrated into c. C-67.2, sections 44 and 202.

165. (Amendment integrated into c. C-67.2, ss. 44 and 202). 1989, c. 54, s. 165.

Section 165Verify source

§ 166Section 166Amendment

Source excerpt

This section contains a note that an amendment was integrated into c. C-74, s. 19, and a citation to 1989, c. 54, s. 166.

166. (Amendment integrated into c. C-74, s. 19). 1989, c. 54, s. 166.

Section 166Verify source

§ 167Section 167Amendment

Source excerpt

This section notes that an amendment has been integrated into c. D-5, s. 24.

167. (Amendment integrated into c. D-5, s. 24). 1989, c. 54, s. 167.

Section 167Verify source

§ 168Section 168Amendment

Source excerpt

168. (Amendment integrated into c. D-15, s. 37). 1989, c. 54, s. 168.

Section 168Verify source

§ 169Section 169Amendment

Source excerpt

169. (Amendment integrated into c. E-2.2, s. 47). 1989, c. 54, s. 169.

Section 169Verify source

§ 170Section 170Amendment

Source excerpt

170. (Amendment integrated into c. E-2.2, s. 52). 1989, c. 54, s. 170.

Section 170Verify source

§ 171Section 171Amendment

Source excerpt

This section states that an amendment has been integrated into c. E-2.2, section 518, and notes the 1989 citation.

171. (Amendment integrated into c. E-2.2, s. 518). 1989, c. 54, s. 171.

Section 171Verify source

§ 172Section 172Amendment

Source excerpt

172. (Amendment integrated into c. E-2.2, s. 523). 1989, c. 54, s. 172.

Section 172Verify source

§ 173Section 173Amendment

Source excerpt

This section says the amendment is integrated into c. E-2.2, s. 528.

173. (Amendment integrated into c. E-2.2, s. 528). 1989, c. 54, s. 173.

Section 173Verify source

§ 174Section 174Amendment

Source excerpt

This section states that the amendment was integrated into c. E-2.2, section 533, and gives a citation to 1989, chapter 54, section 174.

174. (Amendment integrated into c. E-2.2, s. 533). 1989, c. 54, s. 174.

Section 174Verify source

§ 175Section 175Amendment

Source excerpt

175. (Amendment integrated into c. F-1, s. 39). 1989, c. 54, s. 175.

Section 175Verify source

§ 176Section 176Amendment

Source excerpt

This section states that an amendment has been integrated into c. I-3, s. 1049.12.

176. (Amendment integrated into c. I-3, s. 1049.12). 1989, c. 54, s. 176.

Section 176Verify source

§ 177Section 177Amendment

Source excerpt

177. (Amendment integrated into c. M-42, s. 6.2). 1989, c. 54, s. 177.

Section 177Verify source

§ 178Section 178Amendment

Source excerpt

178. (Amendment integrated into c. N-2, s. 15). 1989, c. 54, s. 178.

Section 178Verify source

§ 179Section 179Amendment

Source excerpt

This section states that an amendment has been integrated into c. N-2, section 120, and gives a citation to 1989, c. 54, s. 179.

179. (Amendment integrated into c. N-2, s. 120). 1989, c. 54, s. 179.

Section 179Verify source

§ 180Section 180Amendment

Source excerpt

This section is an amendment note stating the amendment was integrated into c. P-10, s. 29, and gives a historical citation to 1989, c. 54, s. 180.

180. (Amendment integrated into c. P-10, s. 29). 1989, c. 54, s. 180.

Section 180Verify source

§ 181Section 181Amendment

Source excerpt

181. (Amendment integrated into c. P-41, s. 8). 1989, c. 54, s. 181.

Section 181Verify source

§ 182Section 182Amendment

Source excerpt

182. (Amendment integrated into c. P-41, s. 9). 1989, c. 54, s. 182.

Section 182Verify source

§ 183Section 183Amendment

Source excerpt

183. (Amendment integrated into c. P-41, s. 10). 1989, c. 54, s. 183.

Section 183Verify source

§ 184Section 184Amendment

Source excerpt

This section notes that the amendment was integrated into c. Q-1, s. 37.

184. (Amendment integrated into c. Q-1, s. 37). 1989, c. 54, s. 184.

Section 184Verify source

§ 185Section 185Amendment

Source excerpt

185. (Amendment integrated into c. S-5, s. 8). 1989, c. 54, s. 185.

Section 185Verify source

§ 186Section 186Amendment

Source excerpt

This section only notes that Section 186 was amended and gives a citation.

186. (Amendment integrated into c. S-5, s. 77). 1989, c. 54, s. 186.

Section 186Verify source

§ 187Section 187Amendment

Source excerpt

This section notes that an amendment was integrated into c. S-5, s. 86, and gives a citation to 1989, c. 54, s. 187.

187. (Amendment integrated into c. S-5, s. 86). 1989, c. 54, s. 187.

Section 187Verify source

§ 188Section 188Amendment

Source excerpt

188. (Amendment integrated into c. S-5, s. 105). 1989, c. 54, s. 188.

Section 188Verify source

§ 189Section 189Amendment

Source excerpt

This section notes that an amendment has been integrated into c. V-5.01, s. 4.

189. (Amendment integrated into c. V-5.01, s. 4). 1989, c. 54, s. 189.

Section 189Verify source

§ 190Section 190Amendment

Source excerpt

190. (Amendment integrated into c. S-29.01, ss. 1 and 170). 1989, c. 54, s. 190.

Section 190Verify source

§ 191Section 191Amendment

Source excerpt

191. (Amendment integrated into c. C-4.1, s. 33). 1989, c. 54, s. 191.

Section 191Verify source

§ 192Section 192Amendment

Source excerpt

192. (Amendment integrated into c. C-4.1, s. 137). 1989, c. 54, s. 192.

Section 192Verify source

§ 193Section 193Amendment

Source excerpt

193. (Amendment integrated into c. C-4.1, s. 159). 1989, c. 54, s. 193.

Section 193Verify source

§ 194Section 194Amendment

Source excerpt

This section notes that the amendment has been integrated into c. C-4.1, section 172.

194. (Amendment integrated into c. C-4.1, s. 172). 1989, c. 54, s. 194.

Section 194Verify source

§ 195Section 195Amendment

Source excerpt

This section says the amendment has been integrated into c. C-4.1, section 345.

195. (Amendment integrated into c. C-4.1, s. 345). 1989, c. 54, s. 195.

Section 195Verify source

§ 196Section 196Amendment

Source excerpt

196. (Amendment integrated into c. C-4.1, s. 358). 1989, c. 54, s. 196.

Section 196Verify source

§ 197Section 197Amendment

Source excerpt

This section only notes that the amendment was integrated into c. C-4.1, section 361, and gives a citation to 1989, c. 54, section 197.

197. (Amendment integrated into c. C-4.1, s. 361). 1989, c. 54, s. 197.

Section 197Verify source

§ 198Section 198Provision

Source excerpt

198. (Omitted). 1989, c. 54, s. 198.

Section 198Verify source

§ 199Section 199Provision

Source excerpt

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

Section 199Verify source

§ 200Section 200Provision

Source excerpt

Until 1 January 1994, Civil Code of Québec articles 1338 to 1411 are deemed in force for the application of the Public Curator Act and related protective supervision provisions.

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.

Section 200Verify source

§ 201Section 201Provision

Source excerpt

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.

Section 201Verify source

§ 202Section 202Provision

Source excerpt

Certain persons already identified by incapacity certificates were placed under protective supervision as of 15 April 1990.

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.

Section 202Verify source

§ 203Section 203Provision

Source excerpt

Protective supervision under sections 201 and 202 may be reviewed under the cited Civil Code articles.

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.

Section 203Verify source

§ 204Section 204Provision

Source excerpt

Money from certain liquidations of property entrusted to the Public Curator must be transferred to the Minister of Finance.

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.

Section 204Verify source

§ 205Section 205Provision

Source excerpt

The Public Curator must publish the indexing results in the Gazette officielle du Québec.

205. The amount specified in section 34, in articles 209, 213, 214, 217, 221, 242 and 289.1 of the Civil Code and in articles 336 and 394 of the Code of Civil Procedure (chapter C-25.01) is indexed on 1 April 2032, and every ten years after that, according to the variation in the average Consumer Price Index for the five preceding years, based on the index established for the whole of Québec by Statistics Canada. The amount computed based on that index is rounded off to the nearest multiple of $5,000. The Public Curator shall publish the results of the indexing in the Gazette officielle du Québec. 1989, c. 54, s. 205; 1997, c. 80, s. 45; 2020, c. 11, s. 154.

Section 205Verify source

§ 206Section 206Repeal

Source excerpt

Section 206 is repealed.

206. (Repealed). 1989, c. 54, s. 206; 1997, c. 80, s. 45.

Section 206Verify source

§ 207Section 207Provision

Source excerpt

207. (Omitted). 1989, c. 54, s. 207.

Section 207Verify source

§ —ScheduleRepeal

Source excerpt

This schedule repeals chapter 54 of the statutes of 1989, with listed sections excepted.

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.

ScheduleVerify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Book IV of the Civil Code
Sections 20, 29
Civil Code
Sections 12, 18, 20.1, 34, 38, 44, 44.1, 203, 205
Families is responsible for administering this Act
Section 77

G–M

1 instrument

Mental Patients Protection Act
Section 202

N–S

2 instruments

Public Curator shall be appointed in accordance with the Public Service Act
Section 9
Québec articles 1338 to 1411 are deemed in force for the application of the Public Curator Act
Section 200

T–Z

1 instrument

Title II of Book VI of the Code
Section 72

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10 Jun 2026 · currentEnglish

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Public Curator Act, 1989

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7 referenced instruments

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