© Éditeur officiel du Québec
Updated to 1 August 2010
This document has official status.
C-1991 Civil Code of Québec
PRELIMINARY PROVISION
The Civil Code of Québec, in harmony with the Charter of human rights and freedoms (chapter C-12) and the general principles of law, governs persons, relations between persons, and property.
The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication. In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it.
BOOK ONE
PERSONS
TITLE ONE
ENJOYMENT AND EXERCISE OF CIVIL RIGHTS
1. Every human being possesses juridical personality and has the full enjoyment of civil rights.
1991, c. 64, a. 1.
2. Every person has a patrimony.
The patrimony may be divided or appropriated to a purpose, but only to the extent provided by law.
1991, c. 64, a. 2.
3. Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy.
These rights are inalienable.
1991, c. 64, a. 3.
4. Every person is fully able to exercise his civil rights.
In certain cases, the law provides for representation or assistance.
1991, c. 64, a. 4.
5. Every person exercises his civil rights under the name assigned to him and stated in his act of birth.
1991, c. 64, a. 5.
6. Every person is bound to exercise his civil rights in good faith.
1991, c. 64, a. 6.
7. No right may be exercised with the intent of injuring another or in an excessive and unreasonable manner which is contrary to the requirements of good faith.
1991, c. 64, a. 7.
8. No person may renounce the exercise of his civil rights, except to the extent consistent with public order.
1991, c. 64, a. 8.
9. In the exercise of civil rights, derogations may be made from those rules of this Code which supplement intention, but not from those of public order.
1991, c. 64, a. 9.
TITLE TWO
CERTAIN PERSONALITY RIGHTS
CHAPTER I
INTEGRITY OF THE PERSON
10. Every person is inviolable and is entitled to the integrity of his person.
Except in cases provided for by law, no one may interfere with his person without his free and enlightened consent.
1991, c. 64, a. 10.
DIVISION I
CARE
11. No person may be made to undergo care of any nature, whether for examination, specimen taking, removal of tissue, treatment or any other act, except with his consent.
If the person concerned is incapable of giving or refusing his consent to care, a person authorized by law or by mandate given in anticipation of his incapacity may do so in his place.
1991, c. 64, a. 11.
12. A person who gives his consent to or refuses care for another person is bound to act in the sole interest of that person, taking into account, as far as possible, any wishes the latter may have expressed.
If he gives his consent, he shall ensure that the care is beneficial notwithstanding the gravity and permanence of certain of its effects, that it is advisable in the circumstances and that the risks incurred are not disproportionate to the anticipated benefit.
1991, c. 64, a. 12.
13. Consent to medical care is not required in case of emergency if the life of the person is in danger or his integrity is threatened and his consent cannot be obtained in due time.
It is required, however, where the care is unusual or has become useless or where its consequences could be intolerable for the person.
1991, c. 64, a. 13.
14. Consent to care required by the state of health of a minor is given by the person having parental authority or by his tutor.
A minor 14 years of age or over, however, may give his consent alone to such care. If his state requires that he remain in a health or social services establishment for over 12 hours, the person having parental authority or tutor shall be informed of that fact.
1991, c. 64, a. 14.
15. Where it is ascertained that a person of full age is incapable of giving consent to care required by his or her state of health, consent is given by his or her mandatary, tutor or curator. If the person of full age is not so represented, consent is given by his or her married, civil union or de facto spouse or, if the person has no spouse or his or her spouse is prevented from giving consent, it is given by a close relative or a person who shows a special interest in the person of full age.
1991, c. 64, a. 15; 2002, c. 6, s. 1.
16. The authorization of the court is necessary where the person who may give consent to care required by the state of health of a minor or a person of full age who is incapable of giving his consent is prevented from doing so or, without justification, refuses to do so; it is also required where a person of full age who is incapable of giving his consent categorically refuses to receive care, except in the case of hygienic care or emergency.
The authorization of the court is necessary, furthermore, to cause a minor 14 years of age or over to undergo care he refuses, except in the case of emergency if his life is in danger or his integrity threatened, in which case the consent of the person having parental authority or the tutor is sufficient.
1991, c. 64, a. 16.
17. A minor 14 years of age or over may give his consent alone to care not required by the state of his health; however, the consent of the person having parental authority or of the tutor is required if the care entails a serious risk for the health of the minor and may cause him grave and permanent effects.
1991, c. 64, a. 17.
18. Where the person is under 14 years of age or is incapable of giving his consent, consent to care not required by his state of health is given by the person having parental authority or the mandatary, tutor or curator; the authorization of the court is also necessary if the care entails a serious risk for health or if it might cause grave and permanent effects.
1991, c. 64, a. 18.
19. A person of full age who is capable of giving his consent may alienate a part of his body inter vivos, provided the risk incurred is not disproportionate to the benefit that may reasonably be anticipated.
A minor or a person of full age who is incapable of giving his consent may, with the consent of the person having parental authority, mandatary, tutor or curator and with the authorization of the court, alienate a part of his body only if that part is capable of regeneration and provided that no serious risk to his health results.
1991, c. 64, a. 19.
20. A person of full age who is capable of giving his consent may submit to an experiment provided that the risk incurred is not disproportionate to the benefit that can reasonably be anticipated.
1991, c. 64, a. 20.
21. A minor or a person of full age who is incapable of giving consent may not be submitted to an experiment if the experiment involves serious risk to his health or, where he understands the nature and consequences of the experiment, if he objects.
Moreover, a minor or a person of full age who is incapable of giving consent may be submitted to an experiment only if, where the person is the only subject of the experiment, it has the potential to produce benefit to the person's health or only if, in the case of an experiment on a group, it has the potential to produce results capable of conferring benefit to other persons in the same age category or having the same disease or handicap. Such an experiment must be part of a research project approved and monitored by an ethics committee. The competent ethics committees are formed by the Minister of Health and Social Services or designated by that Minister among existing research ethics committees; the composition and operating conditions of the committees are determined by the Minister and published in the Gazette officielle du Québec.
Consent to experimentation may be given, in the case of a minor, by the person having parental authority or the tutor and, in the case of a person of full age incapable of giving consent, by the mandatary, tutor or curator. Where a person of full age suddenly becomes incapable of consent and the experiment, insofar as it must be undertaken promptly after the appearance of the condition giving rise to it, does not permit, for lack of time, the designation of a legal representative, consent may be given by the person authorized to consent to any care the person requires; it is incumbent upon the competent ethics committee to determine, when examining the research project, whether the experiment meets that condition.
Care considered by the ethics committee to be innovative care required by the state of health of the person concerned does not constitute an experiment.
1991, c. 64, a. 21; 1992, c. 57, s. 716; 1998, c. 32, s. 1.
22. A part of the body, whether an organ, tissue or other substance, removed from a person as part of the care he receives may, with his consent or that of the person qualified to give consent for him, be used for purposes of research.
1991, c. 64, a. 22.
23. When the court is called upon to rule on an application for authorization with respect to care or the alienation of a body part, it obtains the opinions of experts, of the person having parental authority, of the mandatary, of the tutor or the curator and of the tutorship council; it may also obtain the opinion of any person who shows a special interest in the person concerned by the application.
The court is also bound to obtain the opinion of the person concerned unless that is impossible, and to respect his refusal unless the care is required by his state of health.
1991, c. 64, a. 23; 1998, c. 32, s. 2.
24. Consent to care not required by a person's state of health, to the alienation of a part of a person's body, or to an experiment shall be given in writing.
It may be withdrawn at any time, even verbally.
1991, c. 64, a. 24.
25. The alienation by a person of a part or product of his body shall be gratuitous; it may not be repeated if it involves a risk to his health.
An experiment may not give rise to any financial reward other than the payment of an indemnity as compensation for the loss and inconvenience suffered.
1991, c. 64, a. 25.
DIVISION II
CONFINEMENT IN AN INSTITUTION AND PSYCHIATRIC ASSESSMENT
1997, c. 75, s. 28.
26. No person may be confined in a health or social services institution for a psychiatric assessment or following a psychiatric assessment concluding that confinement is necessary without his consent or without authorization by law or the court.
Consent may be given by the person having parental authority or, in the case of a person of full age unable to express his wishes, by his mandatary, tutor or curator. Such consent may be given by the representative only if the person concerned does not object.
1991, c. 64, a. 26; 1997, c. 75, s. 29.
27. Where the court has serious reasons to believe that a person is a danger to himself or to others owing to his mental state, it may, on the application of a physician or an interested person and notwithstanding the absence of consent, order that he be confined temporarily in a health or social services institution for a psychiatric assessment. The court may also, where appropriate, authorize any other medical examination that is necessary in the circumstances. The application, if refused, may not be submitted again except where different facts are alleged.
If the danger is grave and immediate, the person may be placed under preventive confinement, without the authorization of the court, as provided for in the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001).
1991, c. 64, a. 27; 1997, c. 75, s. 30.
28. Where the court orders that a person be placed under confinement for a psychiatric assessment, an examination must be carried out within 24 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 24 hours of the court order.
If the physician who carries out the examination concludes that confinement in an institution is necessary, a second psychiatric examination must be carried out by another physician within 96 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 48 hours of the court order.
If a physician reaches the conclusion that confinement is not necessary, the person must be released. If both physicians reach the conclusion that confinement is necessary, the person may be kept under confinement without his consent or the authorization of the court for no longer than 48 hours.
1991, c. 64, a. 28; 1997, c. 75, s. 31.
29. A psychiatric examination report must deal in particular with the necessity of confining the person in an institution if he is a danger to himself or to others owing to his mental state, with the ability of the person who has undergone the examination to care for himself or to administer his property and, where applicable, with the advisability of instituting protective supervision of the person of full age.
The report must be filed with the court within seven days of the court order. It may not be disclosed, except to the parties, without the authorization of the court.
1991, c. 64, a. 29; 1997, c. 75, s. 32.
30. Confinement in an institution following a psychiatric assessment may only be authorized by the court if both psychiatric reports conclude that confinement is necessary.
Even if that is the case, the court may not authorize confinement unless the court itself has serious reasons to believe that the person is dangerous and that the person's confinement is necessary, whatever evidence may be otherwise presented to the court and even in the absence of any contrary medical opinion.
1991, c. 64, a. 30; 1997, c. 75, s. 33; 2002, c. 19, s. 1.
30.1. A judgment authorizing confinement must also set the duration of confinement.
However, the person under confinement must be released as soon as confinement is no longer justified, even if the set period of confinement has not elapsed.
Any confinement required beyond the duration set by the judgment must be authorized by the court, in accordance with the provisions of article 30.
2002, c. 19, s. 1.
31. Every person confined in and receiving care in a health or social services establishment shall be informed by the establishment of the program of care established for him and of any important change in the program or in his living conditions.
If the person is under 14 years of age or is incapable of giving his consent, the information is given to the person who is authorized to give consent to care on his behalf.
1991, c. 64, a. 31.
CHAPTER II
RESPECT OF CHILDREN'S RIGHTS
32. Every child has a right to the protection, security and attention that his parents or the persons acting in their stead are able to give to him.
1991, c. 64, a. 32.
33. Every decision concerning a child shall be taken in light of the child's interests and the respect of his rights.
Consideration is given, in addition to the moral, intellectual, emotional and physical needs of the child, to the child's age, health, personality and family environment, and to the other aspects of his situation.
1991, c. 64, a. 33; 2002, c. 19, s. 15.
34. The court shall, in every application brought before it affecting the interest of a child, give the child an opportunity to be heard if his age and power of discernment permit it.
1991, c. 64, a. 34.
CHAPTER III
RESPECT OF REPUTATION AND PRIVACY
35. Every person has a right to the respect of his reputation and privacy.
No one may invade the privacy of a person without the consent of the person unless authorized by law.
1991, c. 64, a. 35; 2002, c. 19, s. 2.
36. The following acts, in particular, may be considered as invasions of the privacy of a person:
(1) entering or taking anything in his dwelling;
(2) intentionally intercepting or using his private communications;
(3) appropriating or using his image or voice while he is in private premises;
(4) keeping his private life under observation by any means;
(5) using his name, image, likeness or voice for a purpose other than the legitimate information of the public;
(6) using his correspondence, manuscripts or other personal documents.
1991, c. 64, a. 36.
37. Every person who establishes a file on another person shall have a serious and legitimate reason for doing so. He may gather only information which is relevant to the stated objective of the file, and may not, without the consent of the person concerned or authorization by law, communicate such information to third persons or use it for purposes that are inconsistent with the purposes for which the file was established. In addition, he may not, when establishing or using the file, otherwise invade the privacy or damage the reputation of the person concerned.
1991, c. 64, a. 37.
38. Except as otherwise provided by law, any person may, free of charge, examine and cause the rectification of a file kept on him by another person with a view to making a decision in his regard or to informing a third person; he may also cause a copy of it to be made at reasonable cost. The information contained in the file shall be made accessible in an intelligible transcript.
1991, c. 64, a. 38.
39. A person keeping a file on a person may not deny him access to the information contained therein unless he has a serious and legitimate reason for doing so or unless the information is of a nature that may seriously prejudice a third person.
1991, c. 64, a. 39.
40. Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file.
Notice of the rectification is given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided that information. The same rule applies to an application for rectification, if it is contested.
1991, c. 64, a. 40.
41. Where the law does not provide the conditions and modalities of exercise of the right of examination or rectification of a file, the court, upon application, determines them.
Similarly, if it becomes difficult to exercise those rights, the court, upon application, settles the difficulty.
1991, c. 64, a. 41.
CHAPTER IV
RESPECT OF THE BODY AFTER DEATH
42. A person of full age may determine the nature of his funeral and the disposal of his body; a minor may also do so with the written consent of the person having parental authority or his tutor. Failing the expressed wishes of the deceased, the wishes of the heirs or successors prevail; in both cases, the heirs and successors are bound to act; the expenses are charged to the succession.
1991, c. 64, a. 42.
43. A person of full age or a minor 14 years of age or over may, for medical or scientific purposes, give his body or authorize the removal of organs or tissues therefrom. A minor under 14 years of age may also do so with the consent of the person having parental authority or of his tutor.
These wishes are expressed verbally before two witnesses, or in writing, and may be revoked in the same manner. The expressed wishes shall be followed, except for a compelling reason.
1991, c. 64, a. 43.
44. A part of the body of a deceased person may be removed in the absence of knowledge or presumed knowledge of the wishes of the deceased, with the consent of the person who could give consent to care or could have given it.
Consent is not required where two physicians attest in writing to the impossibility of obtaining it in due time, the urgency of the operation and the serious hope of saving a human life or of improving its quality to an appreciable degree.
1991, c. 64, a. 44.
45. No part of the body may be removed before the death of the donor is attested by two physicians who do not participate either in the removal or in the transplantation.
1991, c. 64, a. 45.
46. An autopsy may be performed in the cases provided for by law or if the deceased had already given his consent thereto; it may also be performed with the consent of the person who was or would have been authorized to give his consent to care. The person requesting the autopsy or having given his consent thereto has a right to receive a copy of the report.
1991, c. 64, a. 46.
47. The court may, if circumstances justify it, order the performance of an autopsy on the deceased at the request of a physician or any interested person; in the latter case, it may restrict the release of parts of the autopsy report.
The coroner may also order the performance of an autopsy on the deceased in the cases provided for by law.
1991, c. 64, a. 47.
48. No person may embalm, bury or cremate a body before an attestation of death has been drawn up and six hours have elapsed since that was done.
1991, c. 64, a. 48.
49. Subject to compliance with the prescriptions of law, it is permissible to disinter a body on the order of a court, on the change of destination of its burial place or in order to bury it elsewhere or to repair the sepulture.
Disinterment is also permissible on the order of a coroner in accordance with the law.
1991, c. 64, a. 49.
TITLE THREE
CERTAIN PARTICULARS RELATING TO THE STATUS OF PERSONS
CHAPTER I
NAME
DIVISION I
ASSIGNMENT OF NAME
50. Every person has a name which is assigned to him at birth and is stated in his act of birth.
The name includes the surname and given names.
1991, c. 64, a. 50.
51. A child is given, as his mother and father choose, one or more given names and a surname composed of not more than two of the surnames composing his parents' surnames.
1991, c. 64, a. 51; 1999, c. 47, s. 1.
52. In case of disagreement over the choice of a surname, the registrar of civil status assigns to the child a surname consisting of two parts, one part being taken from the surname of his father and the other from that of his mother, according to their choice, respectively.
If the disagreement is over the choice of a given name, he assigns to the child two given names chosen by his father and his mother, respectively.
1991, c. 64, a. 52.
53. If only the paternal or the maternal filiation of a child is established, he bears the surname of his father or of his mother, as the case may be, and one or more given names chosen by his father or mother.
A child whose filiation is not established bears the name assigned to him by the registrar of civil status.
1991, c. 64, a. 53.
54. Where the name chosen by the father and mother contains an odd compound surname or odd given names which clearly invite ridicule or may discredit the child, the registrar of civil status may suggest to the parents that they change the child's name.
If they refuse to do so, the registrar nevertheless draws up the act of birth and notifies the Attorney General of Québec. The Attorney General may bring the matter before the court within 90 days of the registration of the act to request that the surname of one of the parents be substituted for the surname chosen by the parents or that two given names in common use be substituted for the given names chosen by the parents.
Until the time for bringing the matter before the court expires or, if proceedings are brought, until the judgment acquires the authority of res judicata, the registrar of civil status makes a notation of the notice given to the Attorney General on every copy, certificate and attestation issued on the basis of the act of birth.
1991, c. 64, a. 54; 1999, c. 47, s. 2.
DIVISION II
USE OF NAME
55. Every person has a right to the respect of his name.
He may use one or more of the given names stated in his act of birth.
1991, c. 64, a. 55.
56. A person who uses a name other than his or her own is liable for any resulting confusion or damage.
The holder of a name as well as his or her married or civil union spouse or close relatives may object to such use and demand redress for the damage caused.
1991, c. 64, a. 56; 2002, c. 6, s. 2.
DIVISION III
CHANGE OF NAME
§ 1. — General provision
57. No change may be made to a person's name, whether of his surname or given name, without the authorization of the registrar of civil status or the court, in accordance with the provisions of this section.
1991, c. 64, a. 57.
§ 2. — Change of name by way of administrative process
58. The registrar of civil status has competence to authorize a change of name for a serious reason in every case that does not come under the jurisdiction of the court, and in particular where the name generally used does not correspond to that appearing in the act of birth, where the name is of foreign origin or too difficult to pronounce or write in its original form or where the name invites ridicule or has become infamous.
The registrar also has competence where a person applies for the addition to the surname of a part taken from the surname of the father or mother, as declared in the act of birth.
1991, c. 64, a. 58.
59. A person of full age who is a Canadian citizen and who has been domiciled in Québec for at least one year may apply for a change of name. If the application concerns the surname, it is also valid as an application in respect of the person's minor children who bear the same surname or part of that surname.
A person may also apply for the change of the given names of the minor children or the addition of a part to their surname taken from the person's own surname.
1991, c. 64, a. 59.
60. The tutor to a minor may apply for the change of the name of his pupil, if the latter is a Canadian citizen and has been domiciled in Québec for at least one year.
1991, c. 64, a. 60.
61. A person applying for a change of name states the reasons for the application and gives the names of his or her father and mother, the name of his or her married or civil union spouse and children and, where applicable, the name of the children's other parent.
The person attests under oath that the reasons stated and the information given are true, and appends all the necessary documents to the application.
1991, c. 64, a. 61; 2002, c. 6, s. 3.
62. Except for a compelling reason, no change of name of a minor child may be granted if the tutor or the minor, if 14 years of age or over, has not been notified of the application or objects to it.
However, in the case of an application for the addition to the surname of the minor of a part taken from the surname of the father or mother, only the minor has the right to object.
1991, c. 64, a. 62.
63. Before authorizing a change of name, the registrar of civil status shall ascertain that the notices of the application have been published, unless a special exemption from publication has been granted by the Minister of Justice for reasons of general interest; he shall give to third persons who so request the opportunity to state their views.
The registrar may also require the applicant to furnish any additional explanation and information he may need.
1991, c. 64, a. 63; 1996, c. 21, s. 27; 2007, c. 32, s. 8.
64. All other rules respecting the procedure for a change of name, the publication of the application and decision, and the duties payable by the person making the application are determined by regulation of the Government.
1991, c. 64, a. 64.
§ 3. — Change of name by way of judicial process
65. The court has exclusive jurisdiction to authorize the change of the name of a child in the case of a change of filiation, of abandonment by the father or mother, or of deprivation of parental authority.
1991, c. 64, a. 65.
66. A minor 14 years of age or over acting alone may present an application for a change of name, but he shall in such a case give notice of the application to the person having parental authority and to the tutor.
The minor acting alone may also object to an application.
1991, c. 64, a. 66.
§ 4. — Effects of a change of name
67. A change of name produces its effects from the time the judgment authorizing it acquires the authority of a final judgment (res judicata) or from the time that the decision of the registrar of civil status is no longer open to review.
Notice of the change is published in the Gazette officielle du Québec unless a special exemption from publication is granted by the Minister of Justice for reasons of general interest.
1991, c. 64, a. 67; 1996, c. 21, s. 27; 2007, c. 32, s. 9.
68. A change of name nowise alters the rights and obligations of a person.
1991, c. 64, a. 68.
69. All documents made under the former name of a person are deemed to be made under his new name.
The person or any interested third person may, at his expense and upon furnishing proof of the change of name, demand that the documents be rectified by indicating the new name.
1991, c. 64, a. 69.
70. Any proceedings to which a person who has changed his name is a party are continued under his new name, without continuance of suit.
1991, c. 64, a. 70.
DIVISION IV
CHANGE OF DESIGNATION OF SEX
71. Every person who has successfully undergone medical treatments and surgical operations involving a structural modification of the sexual organs intended to change his secondary sexual characteristics may have the designation of sex which appears on his act of birth and, if necessary, his given names changed.
Only a person of full age who has been domiciled in Québec for at least one year and is a Canadian citizen may make an application under this article.
1991, c. 64, a. 71; 2004, c. 23, s. 1.
72. The application is made to the registrar of civil status; it is accompanied with, in addition to the other relevant documents, a certificate of the attending physician and an attestation by another physician practising in Québec to the effect that the treatments and operations were successful.
1991, c. 64, a. 72.
73. The application is subject to the same procedure as an application for a change of name and to the same publication requirements and the same duties. The rules relating to the effects of a change of name, adapted as required, apply to a change of designation of sex.
1991, c. 64, a. 73; 2004, c. 23, s. 2.
DIVISION V
REVIEW OF DECISIONS
74. Any decision of the registrar of civil status relating to the assignment of a name or to a change of name or designation of sex may be reviewed by the court, on the application of an interested person.
1991, c. 64, a. 74.
CHAPTER II
DOMICILE AND RESIDENCE
75. The domicile of a person, for the exercise of his civil rights, is at the place of his principal establishment.
1991, c. 64, a. 75.
76. Change of domicile is effected by actual residence in another place coupled with the intention of the person to make it the seat of his principal establishment.
The proof of such intention results from the declarations of the person and from the circumstances of the case.
1991, c. 64, a. 76.
77. The residence of a person is the place where he ordinarily resides; if a person has more than one residence, his principal residence is considered in establishing his domicile.
1991, c. 64, a. 77.
78. A person whose domicile cannot be determined with certainty is deemed to be domiciled at the place of his residence.
A person who has no residence is deemed to be domiciled at the place where he lives or, if that is unknown, at the place of his last known domicile.
1991, c. 64, a. 78.
79. A person called to a temporary or revocable public office retains his domicile, unless he manifests a contrary intention.
1991, c. 64, a. 79.
80. An unemancipated minor is domiciled with his tutor.
Where the father and mother exercise the tutorship but have no common domicile, the minor is presumed to be domiciled with the parent with whom he usually resides unless the court has fixed the domicile of the child elsewhere.
1991, c. 64, a. 80.
81. A person of full age under tutorship is domiciled with his tutor; a person under curatorship is domiciled with his curator.
1991, c. 64, a. 81.
82. Married or civil union spouses may have separate domiciles without prejudice to the rules respecting their living together.
1991, c. 64, a. 82; 2002, c. 6, s. 4.
83. The parties to a juridical act may, in writing, elect domicile with a view to the execution of the act or the exercise of the rights arising from it.
Election of domicile is not presumed.
1991, c. 64, a. 83.
CHAPTER III
ABSENCE AND DEATH
DIVISION I
ABSENCE
84. An absentee is a person who, while he had his domicile in Québec, ceased to appear there without advising anyone, and of whom it is unknown whether he is still alive.
1991, c. 64, a. 84.
85. An absentee is presumed to be alive for seven years following his disappearance, unless proof of his death is made before then.
1991, c. 64, a. 85.
86. A tutor may be appointed to an absentee who has rights to be exercised or property to be administered if the absentee did not designate an administrator to his property or if the administrator is unknown, refuses or neglects to act or is prevented from acting.
1991, c. 64, a. 86.
87. Any interested person, including the Public Curator or a creditor of the absentee, may apply for the institution of tutorship to the absentee.
Tutorship is awarded by the court on the advice of the tutorship council and the rules respecting tutorship to minors, adapted as required, apply to tutorship to absentees.
1991, c. 64, a. 87.
88. The court, on the application of the tutor or of an interested person and according to the extent of the property, fixes the amounts that it is expedient to allocate to the expenses of the marriage or civil union, to the maintenance of the family or to the payment of the obligation of support of the absentee.
1991, c. 64, a. 88; 2002, c. 6, s. 5.
89. The married or civil union spouse of or the tutor to the absentee may, after one year of absence, apply to the court for a declaration that the patrimonial rights of the spouses may be liquidated.
The tutor shall obtain the authorization of the court to accept or renounce the partition of the acquests of the spouse of the absentee or otherwise decide on the other rights of the absentee.
1991, c. 64, a. 89; 2002, c. 6, s. 6.
90. Tutorship to an absentee is terminated by his return, by the appointment by him of an administrator to his property, by declaratory judgment of death or by proof of his death.
1991, c. 64, a. 90.
91. In case of superior force, a tutor may also be appointed, as in the case of an absentee, to a person prevented from appearing at his domicile and who is unable to appoint an administrator to his property.
1991, c. 64, a. 91.
DIVISION II
DECLARATORY JUDGMENT OF DEATH
92. A declaratory judgment of death may be pronounced on the application of any interested person, including the Public Curator or the Minister of Revenue as provisional administrator of property, seven years after disappearance.
It may also be pronounced before that time where the death of a person domiciled in Québec or presumed to have died there may be held to be certain although it is impossible to draw up an attestation of death.
1991, c. 64, a. 92; 2005, c. 44, s. 47.
93. A declaratory judgment of death states the name and sex of the person presumed dead and, if known, the place and date of his or her birth and, if applicable, marriage or civil union, the name of the spouse, the names of his or her father and mother as well as his or her last domicile, and the date, time and place of death.
A copy of the judgment is transmitted without delay to the chief coroner by the clerk of the court that rendered the decision.
1991, c. 64, a. 93; 2002, c. 6, s. 7.
94. The date fixed as the date of death is either the date occurring on the expiry of seven years from disappearance, or an earlier date if the presumptions drawn from the circumstances allow the death of a person to be held to be certain at that date.
In the absence of other proof, the place fixed as the place of death is that where the person was last seen.
1991, c. 64, a. 94.
95. A declaratory judgment of death produces the same effects as death.
1991, c. 64, a. 95.
96. If the date of death is proved to precede that fixed by the declaratory judgment of death, the dissolution of the matrimonial or civil union regime is retroactive to the true date of death and the succession is open from that date.
If the date of death is proved to follow that fixed by the declaratory judgment of death, the dissolution of the matrimonial or civil union regime is retroactive to the date fixed by the judgment but the succession is open only from the true date of death.
Relations between the apparent heirs and the true heirs are governed by those rules contained in the Book on Obligations which concern the restitution of prestations.
1991, c. 64, a. 96; 2002, c. 6, s. 8.
DIVISION III
RETURN
97. Where a person declared dead by a declaratory judgment of death returns, the effects of the judgment cease but the marriage or civil union remains dissolved.
However, if difficulties arise over custody of the children or support, they are settled as in the case of separation from bed and board or the dissolution of a civil union.
1991, c. 64, a. 97; 2002, c. 6, s. 9.
98. A person who has returned shall apply to the court for annulment of the declaratory judgment of death and rectification of the register of civil status. He may also, subject to the rights of third persons, apply to the court for the cancellation or rectification of the particulars or entries made following the declaratory judgment of death and nullified by his return, as if they had been made without right.
Any interested person may make the application to the court at the expense of the person who has returned if the latter fails to act.
1991, c. 64, a. 98.
99. A person who has returned recovers his property according to the rules contained in the Book on Obligations which concern the restitution of prestations. He reimburses the persons who, in good faith, were in possession of his property and who discharged his obligations otherwise than with his property.
1991, c. 64, a. 99.
100. Any payment made to the heirs or legatees by particular title of a person who has returned after a declaratory judgment of death but before the particulars or entries are cancelled or rectified is valid and constitutes a valid discharge.
1991, c. 64, a. 100.
101. An apparent heir who learns that the person declared dead is alive retains possession of the property and acquires the fruits and revenues thereof until the person who has returned applies to resume possession of his property.
1991, c. 64, a. 101.
DIVISION IV
PROOF OF DEATH
102. Proof of death is established by an act of death, except in cases where the law authorizes another mode of proof.
1991, c. 64, a. 102.
CHAPTER IV
REGISTER AND ACTS OF CIVIL STATUS
DIVISION I
OFFICER OF CIVIL STATUS
103. The registrar of civil status is the sole officer of civil status.
The registrar is responsible for drawing up and altering acts of civil status, for the keeping and custody of the register of civil status and for providing access to it.
1991, c. 64, a. 103.
DIVISION II
REGISTER OF CIVIL STATUS
104. The register of civil status consists of all the acts of civil status and the juridical acts by which they are altered.
1991, c. 64, a. 104.
105. The register of civil status is kept in duplicate; one duplicate consists of all the written documents and the other is kept on a data retrieval system.
If there is any variance between the duplicates of the register, that in writing prevails but in all cases, one of the duplicates may be used to reconstitute the other.
1991, c. 64, a. 105.
106. One version of the register of civil status is also kept in a different place from that where the duplicates of the register are kept.
1991, c. 64, a. 106.
DIVISION III
ACTS OF CIVIL STATUS
§ 1. — General provisions
107. The only acts of civil status are acts of birth, acts of marriage or civil union and acts of death.
They contain only what is required by law, and are authentic.
1991, c. 64, a. 107; 2002, c. 6, s. 10.
108. The acts of civil status are drawn up without delay from the attestations, declarations and juridical acts received by the registrar of civil status, regarding births, marriages, civil unions and deaths occurring in Québec or concerning persons domiciled in Québec.
Where a name contains characters, diacritical signs or a combination of a character and a diacritical sign that are not used for the writing of French or English, the name must be transcribed into French or English, at the option of the interested person. The transcription is entered on the written copy of the register and is substituted for the original form of the name in the computerized copy of the register and on copies of acts, certificates and attestations. The original spelling of the name is preserved, subject to the modifications required by the transcription.
1991, c. 64, a. 108; 1999, c. 47, s. 3; 2002, c. 6, s. 11.
109. The registrar of civil status prepares an act of civil status by signing the declaration he receives, or by drawing it up himself in accordance with the judgment or other act he receives. Where necessary to obtain the information required to draw up the act of civil status, the registrar makes a summary investigation.
He dates the declaration, affixes a registration number to it and places it in the register of civil status. The declaration thereupon constitutes an act of civil status.
1991, c. 64, a. 109; 2004, c. 3, s. 12.
110. Every attestation and declaration indicates the date on which it was made and the name, quality and domicile of the person making it and bears his signature.
1991, c. 64, a. 110.
§ 2. — Acts of birth
111. The accoucheur draws up an attestation of birth.
An attestation states the place, date and time of birth, the sex of the child, and the name and domicile of the mother.
1991, c. 64, a. 111.
112. The accoucheur transmits a copy of the attestation to those who are required to declare the birth; he transmits without delay another copy of the attestation to the registrar of civil status, together with the declaration of birth of the child, unless it cannot be transmitted immediately.
1991, c. 64, a. 112.
113. The declaration of birth of a child is made by the father and mother, or by either of them, to the registrar of civil status within 30 days, before a witness, who signs it.
1991, c. 64, a. 113.
114. Only the father or mother may declare the filiation of a child with regard to themselves. However, where the child is conceived or born during the marriage or civil union, one of the spouses may declare the filiation of the child with regard to the other.
No other person may declare the filiation with regard to one of the parents, except with the authorization of that parent.
1991, c. 64, a. 114; 2002, c. 6, s. 12.
115. A declaration of birth states the name assigned to the child, the sex and the place, date and time of birth of the child, the name and domicile of the father, of the mother, and of the witness, and the family relationship between the declarant and the child. Where the parents are of the same sex, they are designated as the mothers or fathers of the child, as the case may be.
The person who makes the declaration attaches to it a copy of the attestation of birth.
1991, c. 64, a. 115; 2002, c. 19, s. 15; 2002, c. 6, s. 13.
116. Every person who gives shelter to or takes custody of a newborn child whose father and mother are unknown or prevented from acting is bound to declare the birth to the registrar of civil status within 30 days.
A declaration states the sex and, if known, the name and the place, date and time of birth of the child. The person making a declaration shall attach a note to it relating the facts and circumstances and indicating, if known to him, the names of the father and mother.
1991, c. 64, a. 116.
117. Where the place, date and time of birth are unknown, the registrar of civil status fixes them on the basis of a medical report and the presumptions that may be drawn from the circumstances.
1991, c. 64, a. 117.
§ 3. — Acts of marriage
118. The declaration of marriage is made without delay to the registrar of civil status by the person having solemnized the marriage.
1991, c. 64, a. 118; 1999, c. 47, s. 4.
119. A declaration of marriage states the name and domicile of each spouse, their places and dates of birth, the date of their marriage, and the name of the father and mother of each of them and of the witnesses.
The declaration also states the name, domicile and quality of the officiant and indicates, where applicable, his religious affiliation.
1991, c. 64, a. 119.
120. A declaration of marriage indicates, where such is the case, the fact of a dispensation from publication, the fact that the spouses were already in a civil union and, if one of the spouses is a minor, the authorizations or consents obtained.
1991, c. 64, a. 120; 2004, c. 23, s. 3.
121. The declaration is signed by the officiant, the spouses and the witnesses.
1991, c. 64, a. 121.
§ 3.1. — Acts of civil union
2002, c. 6, s. 14.
121.1. The declaration of civil union is made without delay to the registrar of civil status by the person having solemnized the civil union.
2002, c. 6, s. 14.
121.2. The declaration of civil union states the names and domicile and places and dates of birth of the spouses, the date and place of solemnization of the civil union, and the names of their fathers and mothers and witnesses. Where applicable, the declaration indicates that a dispensation from publication has been granted.
The declaration also states the name, domicile and quality of the officiant and indicates, where applicable, the officiant's religious affiliation.
2002, c. 6, s. 14.
121.3. The declaration is signed by the officiant, the spouses and the witnesses.
2002, c. 6, s. 14.
§ 4. — Acts of death
122. The physician who establishes that a death has occurred draws up an attestation of death.
He transmits a copy of the attestation to the person who is required to declare the death. Another copy is sent without delay to the registrar of civil status by the physician or by the funeral director who takes charge of the body of the deceased, together with the declaration of death, unless it cannot be transmitted immediately.
1991, c. 64, a. 122; 1999, c. 47, s. 5.
123. If it is impossible to have a death attested by a physician within a reasonable time, and if death is obvious, the attestation of death may be drawn up by two peace officers, who are then bound by the same obligations as the physician.
1991, c. 64, a. 123.
124. An attestation states the name and sex of the deceased and the place, date and time of death.
1991, c. 64, a. 124.
125. A declaration of death is made without delay to the registrar of civil status by the spouse of the deceased, a close relative or a person connected by marriage or a civil union or, failing them, by any other person able to identify the deceased. If a funeral director has taken charge of the body, he declares the time, place and mode of disposal of the body. The declaration is made before a witness, who signs it.
1991, c. 64, a. 125; 1999, c. 47, s. 6; 2002, c. 6, s. 235.
126. A declaration of death states the name and sex, place and date of birth and, if applicable, of marriage or civil union of the deceased, the name of the spouse, the names of the father and mother and the last domicile of the deceased and the place, date and time of death as well as the time, place and mode of disposal of the body.
The person who makes the declaration attaches to it a copy of the attestation of death.
1991, c. 64, a. 126; 2002, c. 6, s. 15.
127. Where the date and time of death are unknown, the registrar of civil status fixes them on the basis of the report of a coroner and the presumptions that may be drawn from the circumstances.
If the place of death is unknown, it is presumed to be the place where the body was discovered.
1991, c. 64, a. 127.
128. If the deceased cannot be identified, the attestation includes a description of the body and an account of the circumstances surrounding its discovery.
1991, c. 64, a. 128.
DIVISION IV
ALTERATION OF THE REGISTER OF CIVIL STATUS
§ 1. — General provision
129. The clerk of the court that has rendered a judgment changing the name of a person or otherwise altering the status of a person or any particular in an act of civil status gives notice of the judgment to the registrar of civil status as soon as it acquires the authority of a final judgment (res judicata).
The notary who executes a joint declaration dissolving a civil union gives notice of the declaration without delay to the registrar of civil status.
The registrar of civil status then makes the required entries in the computerized copy of the register to ensure the publication of the register.
1991, c. 64, a. 129; 1999, c. 47, s. 7; 2002, c. 6, s. 16.
§ 2. — Preparation of acts and notations
130. Where a birth, marriage, civil union or death having occurred in Québec is not attested or declared or is attested or declared inaccurately or late, the registrar of civil status makes a summary investigation, draws up the act of civil status on the basis of the information he obtains and inserts the act in the register of civil status.
Where a tardy declaration is made which adds to an earlier one without contradicting it, the registrar of civil status may, with the consent of the author of the earlier declaration, alter the act of civil status accordingly. However, in the case of a declaration of filiation, alteration of the act of civil status is conditional upon the consent of the child if he is 14 years of age or over and upon the absence of a bond of filiation established in favour of another person by an act, uninterrupted possession of status or a legal presumption; it is also conditional upon the absence of any objection from a third person within 20 days of the publication of a notice in accordance with the rules determined by government regulation.
1991, c. 64, a. 130; 1999, c. 47, s. 8; 2002, c. 6, s. 17.
131. Where the declaration and the attestation contain particulars that are contradictory yet essential to the establishment of the status of a person, no act of civil status may be drawn up except with the authorization of the court, on the application of the registrar of civil status or of an interested person.
1991, c. 64, a. 131.
132. A new act of civil status is drawn up, on the application of an interested person, where a judgment changing an essential particular in an act of civil status, such as the name or filiation of a person, has been notified to the registrar of civil status or where the decision to authorize a change of name or of designation of sex has become final.
To complete the act, the registrar may require the new declaration he draws up to be signed by those who could have signed it if it had been the original declaration.
The new act is substituted for the original act; it repeats all the statements and particulars that are not affected by the alterations. In addition, the substitution is noted in the original act.
1991, c. 64, a. 132.
132.1. Where a child domiciled outside Québec is adopted by a person domiciled in Québec, the registrar of civil status draws up the act of birth on the basis of the judgment rendered in Québec, the decision judicially recognized in Québec or any other act notified to the registrar which, under the law, produces the effects of adoption in Québec.
The clerk of the court notifies the judgment to the registrar of civil status as soon as it becomes res judicata and, where applicable, attaches the decision or the act thereto.
The clerk of the court also notifies to the registrar of civil status any certificate the clerk issues under the Act respecting adoptions of children domiciled in the People's Republic of China (chapter A-7.01).
The Minister of Health and Social Services notifies to the registrar of civil status the certificate issued by the foreign competent authority and the declaration containing the name chosen for the child transmitted to the Minister under the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3), unless the Minister has applied to the court for a ruling under the second paragraph of section 9 of that Act. Where applicable, the Minister also notifies the certificate drawn up by the Minister under the same section to attest to the conversion of the adoption.
2004, c. 3, s. 13; 2006, c. 34, s. 76.
133. Where a declaratory judgment of death is notified to him, the registrar of civil status draws up the act of death, indicating the particulars in accordance with the judgment.
1991, c. 64, a. 133.
134. The registrar of civil status makes a notation of the act of marriage or civil union in the act of birth; he also makes a notation of the act of death in the act of birth and the act of marriage or civil union.
Such notations are made in the computerized copy of the register.
1991, c. 64, a. 134; 1999, c. 47, s. 9; 2002, c. 6, s. 18.
135. The registrar of civil status, upon notification of a judgment granting a divorce, shall make a notation of the judgment in the computerized version of the acts of birth and marriage of each of the parties.
Upon notification of a notarized joint declaration or a judgment dissolving a civil union, the registrar shall make a notation of the declaration or judgment in the computerized version of the acts of birth and civil union of each of the persons concerned.
Upon receiving a declaration of marriage indicating that the spouses were already in a civil union, the registrar shall make a notation of the declaration in the computerized version of the act of civil union.
Upon notification of a judgment in nullity of marriage or civil union or annulling a declaratory judgment of death, the registrar shall cancel the act of marriage or civil union or of death, as the case may be, and make the required entries in the computerized copy of the register to ensure the coherence of the register.
1991, c. 64, a. 135; 1999, c. 47, s. 10; 2002, c. 6, s. 19; 2004, c. 23, s. 4.
136. Where the registrar of civil status makes a notation in an act as a result of a judgment, he enters, in the act, the object and date of the judgment, the court that rendered it and the number of the court record.
In any other case, he makes the necessary notations in the act to allow retrieval of the altering act.
1991, c. 64, a. 136.
137. The registrar of civil status, upon receiving an act of civil status made outside Québec but relating to a person domiciled in Québec, inserts the act in the register as though it were an act drawn up in Québec.
He inserts the juridical acts made outside Québec which alter or replace acts of civil status in his possession; he then makes the required entries in the computerized copy of the register to ensure the publication of the register.
Notwithstanding their insertion in the register, juridical acts, including acts of civil status, made outside Québec retain their status as semi-authentic acts until their validity is recognized by a court in Québec. The registrar shall mention this fact when issuing copies, certificates or attestations in respect of such acts.
1991, c. 64, a. 137; 1999, c. 47, s. 11.
138. Where there is any doubt as to the validity of an act of civil status or a juridical act made outside Québec, the registrar of civil status may refuse to act until the validity of the document is recognized by a court in Québec.
1991, c. 64, a. 138.
139. If an act of civil status drawn up outside Québec has been lost or destroyed or if no copy of it can be obtained, the registrar of civil status shall not draw up an act of civil status or make a notation in an act already in his possession except with the authorization of the court.
1991, c. 64, a. 139.
140. Every act of civil status or juridical act made outside Québec and drawn up in a language other than French or English shall be accompanied by a translation authenticated in Québec.
1991, c. 64, a. 140.
§ 3. — Rectification and reconstitution of an act and of the register
141. Except in the cases provided for in this chapter, only the court may order the rectification of an act of civil status or its insertion in the register.
The court may also, on the application of an interested person, review any decision of the registrar of civil status relating to an act of civil status.
1991, c. 64, a. 141.
142. The registrar of civil status corrects the clerical errors in all acts. Corrections are carried over to the computerized version of the register.
1991, c. 64, a. 142; 1999, c. 47, s. 12.
143. On the basis of the information he obtains, the registrar of civil status reconstitutes, in accordance with the Code of Civil Procedure (chapter C-25), any act which has been lost or destroyed.
1991, c. 64, a. 143.
DIVISION V
PUBLICATION OF THE REGISTER OF CIVIL STATUS
144. The register of civil status is published by the issuing of copies of acts, certificates or attestations bearing the vidimus of the registrar of civil status and the date of issue.
Subject to article 137, copies of acts of civil status, certificates and attestations issued under this section are authentic.
1991, c. 64, a. 144.
145. Any document which reproduces in their entirety the statements of an act of civil status, including the notations thereon, as altered, but excluding notations required by regulation which are not essential to the establishment of the status of a person, is a copy of that act.
1991, c. 64, a. 145; 1999, c. 47, s. 13.
146. A certificate of civil status sets forth the person's name, sex, place and date of birth and, if the person is deceased, the place and date of death. It also sets forth, if applicable, the place and date of marriage or civil union and the name of the spouse.
The registrar of civil status may also issue certificates of birth, marriage, civil union or death bearing only the particulars relating to one certified fact.
1991, c. 64, a. 146; 2002, c. 6, s. 20.
147. An attestation deals with the presence or absence in the register of an act or of a notation required by law to be made in the act.
1991, c. 64, a. 147.
148. The registrar of civil status issues a copy of an act or a certificate only to the persons mentioned in the act or to persons who establish their interest. The registrar may require any person applying for a copy of an act or a certificate to produce such documents and information as are necessary to verify the person's identity or interest.
The registrar issues an attestation to all persons who apply therefor if the particular or fact it attests to is of the kind which appears on certificates; otherwise, he issues it only to persons who establish their interest.
1991, c. 64, a. 148; 2001, c. 41, s. 1; 2001, c. 70, s. 1.
149. Where a new act has been drawn up, only the persons mentioned in the new act may obtain a copy of the original act. However, in cases of adoption, no copy of the original act is ever issued unless, the other conditions of law having been fulfilled, it is authorized by the court.
Once an act has been annulled, only persons who establish their interest may obtain a copy of the annulled act.
1991, c. 64, a. 149.
150. The register of civil status may be consulted only with the authorization of the registrar of civil status.
Where the registrar allows the register to be consulted, he determines the conditions required for the safeguard of the information it contains.
1991, c. 64, a. 150.
DIVISION VI
REGULATORY POWERS RELATING TO THE KEEPING AND PUBLICATION OF THE REGISTER OF CIVIL STATUS
151. The registrar of civil status may designate one or more members of his personnel to replace him temporarily if he is absent or unable to act. He may also delegate certain of his functions to his personnel.
Designations and delegations under the first paragraph are made in writing. They take effect upon their signature by the registrar of civil status. Acts of designation and delegation must be published in the Gazette officielle du Québec.
The additional particulars that may appear on attestations and declarations, the duties payable for the issuing of copies of acts, certificates or attestations and the charge for preparing or altering an act or for consulting the register are fixed by regulation of the Government.
1991, c. 64, a. 151; 1996, c. 21, s. 27; 1999, c. 47, s. 14.
152. In Cree, Inuit or Naskapi communities, the local registry officer or another public servant appointed under any Act respecting Cree, Inuit and Naskapi native persons may be authorized, to the extent provided by regulation, to perform certain duties of the registrar of civil status.
Within the context of an agreement concluded between the Government and a Mohawk community, the registrar of civil status may agree with the person designated by the community to a special procedure for the transmission of information concerning marriages solemnized in the territory defined in the agreement and for the transmission of declarations of birth, marriage or death concerning members of the community, as well as for entry in the register of the traditional names of the members of the community.
1991, c. 64, a. 152; 1999, c. 53, s. 19.
TITLE FOUR
CAPACITY OF PERSONS
CHAPTER I
MAJORITY AND MINORITY
DIVISION I
MAJORITY
153. Full age or the age of majority is 18 years.
On attaining full age, a person ceases to be a minor and has the full exercise of all his civil rights.
1991, c. 64, a. 153.
154. In no case may the capacity of a person of full age be limited except by express provision of law or by a judgment ordering the institution of protective supervision.
1991, c. 64, a. 154.
DIVISION II
MINORITY
155. A minor exercises his civil rights only to the extent provided by law.
1991, c. 64, a. 155.
156. A minor 14 years of age or over is deemed to be of full age for all acts pertaining to his employment or to the practice of his craft or profession.
1991, c. 64, a. 156.
157. A minor may, within the limits imposed by his age and power of discernment, enter into contracts alone to meet his ordinary and usual needs.
1991, c. 64, a. 157.
158. Except where he may act alone, a minor is represented by his tutor for the exercise of his civil rights.
Unless the law or the nature of the act does not allow it, an act that may be performed by a minor alone may also be validly performed by his representative.
1991, c. 64, a. 158.
159. In judicial matters, a minor shall be represented by his tutor; his actions are brought in the name of his tutor.
A minor may, however, with the authorization of the court, institute alone an action relating to his status, to the exercise of parental authority or to an act that he may perform alone; he may in such cases act alone as defendant.
1991, c. 64, a. 159.
160. A minor may invoke, alone, in his defence, any irregularity arising from lack of representation or incapacity resulting from his minority.
1991, c. 64, a. 160.
161. An act performed alone by a minor where the law does not allow him to act alone or through a representative is absolutely null.
1991, c. 64, a. 161.
162. An act performed by the tutor without the authorization of the court although the nature of the act requires it may be annulled on the application of the minor, without any requirement to prove that he has suffered damage.
1991, c. 64, a. 162.
163. An act performed alone by a minor or his tutor without the authorization of the tutorship council although the nature of the act requires it may not be annulled or the obligations arising from it reduced, on the application of the minor, unless he suffers damage therefrom.
1991, c. 64, a. 163.
164. A minor may not bring an action in nullity or reduction of his obligations if the damage he suffers is caused by a fortuitous and unforeseen event.
A minor may not avoid an extracontractual obligation to redress damage caused to another person by his fault.
1991, c. 64, a. 164.
165. The mere declaration by a minor that he is of full age does not deprive him of his action in nullity or reduction of his obligations.
1991, c. 64, a. 165.
166. On attaining full age, a person may confirm an act he performed alone during minority for which he required to be represented. After accounts of tutorship are rendered, he may also confirm an act performed by his tutor without observance of all the formalities.
1991, c. 64, a. 166.
DIVISION III
EMANCIPATION
§ 1. — Simple emancipation
167. The tutor may, after obtaining the agreement of the tutorship council, emancipate a minor if he is 16 years of age or over and requests it, by filing a declaration to that effect with the Public Curator.
Emancipation is effective from the filing of the declaration.
1991, c. 64, a. 167.
168. The court may likewise, after obtaining the advice of the tutor and, where applicable, of the tutorship council, emancipate a minor.
A minor may apply alone for his emancipation.
1991, c. 64, a. 168.
169. The tutor is accountable for his administration to the emancipated minor; he continues, however, to assist him gratuitously.
1991, c. 64, a. 169.
170. Emancipation does not put an end to minority nor does it confer all the rights resulting from majority, but it releases the minor from the obligation to be represented for the exercise of his civil rights.
1991, c. 64, a. 170.
171. An emancipated minor may establish his own domicile, and he ceases to be under the authority of his father and mother.
1991, c. 64, a. 171.
172. In addition to the acts that a minor may perform alone, an emancipated minor may perform all acts of simple administration; thus, he may, as a lessee, sign leases for terms not exceeding three years and make gifts of his property according to his means, provided he does not notably reduce his capital.
1991, c. 64, a. 172.
173. An emancipated minor shall be assisted by his tutor for every act beyond simple administration, and in particular for accepting a gift encumbered with a charge or for renouncing a succession.
An act performed without assistance may not be annulled or the obligations arising from it reduced unless the minor suffers damage therefrom.
1991, c. 64, a. 173.
174. Loans or borrowings of large amounts, considering the patrimony of an emancipated minor, and acts of alienation of an immovable or enterprise require the authorization of the court, on the advice of the tutor. Otherwise, the act may not be annulled or the obligations arising from it reduced, on the application of the minor, unless he suffers damage therefrom.
1991, c. 64, a. 174.
§ 2. — Full emancipation
175. Full emancipation is obtained by marriage.
It may also, on the application of the minor, be granted by the court for a serious reason; in that case, the person having parental authority, the tutor and any person having custody of the minor and, where applicable, the tutorship council shall be summoned to give their opinion.
1991, c. 64, a. 175.
176. Full emancipation enables a minor to exercise his civil rights as if he were of full age.
1991, c. 64, a. 176.
CHAPTER II
TUTORSHIP TO MINORS
DIVISION I
TUTORSHIP
177. Tutorship is established in the interest of the minor; it is intended to ensure the protection of his person, the administration of his patrimony and, generally, to secure the exercise of his civil rights.
1991, c. 64, a. 177.
178. Tutorship to minors is legal or dative.
Tutorship resulting from the law is legal; tutorship conferred by the father and mother or by the court is dative.
1991, c. 64, a. 178.
179. Tutorship is a personal office open to every natural person capable of fully exercising his civil rights who is able to assume the office.
1991, c. 64, a. 179.
180. No person may be compelled to accept a dative tutorship except, failing any other person, the director of youth protection or, for tutorship to property, the Public Curator.
1991, c. 64, a. 180.
181. Tutorship does not pass to the heirs of the tutor; they are simply responsible for his administration. If they are of full age, they are bound to continue his administration until a new tutor is appointed.
1991, c. 64, a. 181.
182. Tutorship exercised by the director of youth protection or the Public Curator is attached to the office.
1991, c. 64, a. 182.
183. Fathers and mothers, the director of youth protection or the person recommended by him as tutor exercise tutorship gratuitously.
However, a father and mother may receive such remuneration as may be fixed by the court, on the advice of the tutorship council, for the administration of the property of their child where that is one of their principal occupations.
1991, c. 64, a. 183.
184. A dative tutor may receive such remuneration as is fixed by the court on the advice of the tutorship council or by the father or mother by whom he is appointed, or by the liquidator of their succession if so authorized. The expenses of the tutorship and the revenue from the property to be administered are taken into account.
1991, c. 64, a. 184.
185. Except where divided, tutorship extends to the person and property of the minor.
1991, c. 64, a. 185.
186. Where tutorship extends to the person of the minor and is exercised by a person other than the father or mother, the tutor acts as the person having parental authority, unless the court decides otherwise.
1991, c. 64, a. 186.
187. In no case may more than one tutor to the person be appointed, but several tutors to property may be appointed.
1991, c. 64, a. 187.
188. The tutor to property is responsible for the administration of the property of the minor, but the tutor to the person represents the minor in judicial proceedings regarding that property.
Where several tutors to property are appointed, each of them is accountable for the management of the property entrusted to him.
1991, c. 64, a. 188.
189. A legal person may act as tutor to property, if so authorized by law.
1991, c. 64, a. 189.
190. Whenever a minor has any interest to discuss judicially with his tutor, a tutor ad hoc is appointed to him.
1991, c. 64, a. 190.
191. Tutorship is based at the domicile of the minor.
If a tutorship is exercised by the director of youth protection or by the Public Curator, the tutorship is based at the place where that person holds office.
1991, c. 64, a. 191.
DIVISION II
LEGAL TUTORSHIP
192. In addition to having the rights and duties connected with parental authority, the father and mother, if of full age or emancipated, are, of right, tutors to their minor child for the purposes of representing him in the exercise of his civil rights and administering his patrimony.
The father and mother are also tutors to their child conceived but yet unborn and are responsible for acting on his behalf in all cases where his patrimonial interests require it.
1991, c. 64, a. 192.
193. The father and mother exercise tutorship together unless one parent is deceased or prevented from expressing his wishes or from doing so in due time.
1991, c. 64, a. 193.
194. Either parent may give the other the mandate to represent him in the performance of acts pertaining to the exercise of tutorship.
The mandate is presumed with regard to third persons in good faith.
1991, c. 64, a. 194.
195. Where the custody of a child is decided by judgment, the tutorship continues to be exercised by the father and mother, unless the court, for grave reasons, decides otherwise.
1991, c. 64, a. 195.
196. In case of disagreement relating to the exercise of the tutorship between the father and mother, either of them may refer the dispute to the court.
The court decides in the interest of the minor after fostering the conciliation of the parties and, if need be, obtaining the opinion of the tutorship council.
1991, c. 64, a. 196.
197. Deprivation of parental authority entails loss of tutorship; withdrawal of certain attributes of parental authority or of the exercise of such attributes entails loss of tutorship only if so decided by the court.
1991, c. 64, a. 197.
198. A father or mother deprived of tutorship as a result of having been deprived of parental authority or having had the exercise of certain attributes of parental authority withdrawn may, even after dative tutorship is instituted, be reinstated as tutor once he or she again has full exercise of parental authority.
1991, c. 64, a. 198.
199. Where the court declares the father and mother of a minor deprived of parental authority without appointing another tutor, the director of youth protection having jurisdiction in the child's place of residence becomes by virtue of his office legal tutor to the child unless the child is already provided with a tutor other than his father and mother.
The director of youth protection is also, until the order of placement, legal tutor to a child he has caused to be declared eligible for adoption or in whose respect he has received a general consent to adoption, except where the court has appointed another tutor.
1991, c. 64, a. 199.
DIVISION III
DATIVE TUTORSHIP
200. A father or mother may appoint a tutor to his or her minor child by will, by a mandate given in anticipation of the mandator's incapacity or by filing a declaration to that effect with the Public Curator.
1991, c. 64, a. 200; 1998, c. 51, s. 22.
201. The right to appoint a tutor belongs exclusively to the last surviving parent or to the last parent who is able to exercise tutorship, as the case may be, if that parent has retained legal tutorship to the day of his death.
Where both parents die simultaneously or lose the ability to exercise tutorship during the same event, each having designated a different person as tutor, and both persons accept the office, the court decides which person will hold it.
1991, c. 64, a. 201; 1998, c. 51, s. 23.
202. Unless the designation is contested, the tutor appointed by the father or mother assumes office upon accepting it.
If the person does not refuse the office within 30 days after being informed of his appointment, he is presumed to have accepted.
1991, c. 64, a. 202; 1998, c. 51, s. 24.
203. Whether the tutor appointed by the father or mother accepts or refuses the office, he shall notify the liquidator of the succession and the Public Curator.
1991, c. 64, a. 203.
204. Where the person appointed by either parent refuses tutorship, he shall without delay notify his refusal to the replacement, if any, designated by the parent.
The person may, however, retract his refusal before the replacement accepts the office or an application to institute tutorship is made to the court.
1991, c. 64, a. 204.
205. Tutorship is conferred by the court where it is expedient to appoint a tutor or a replacement, to appoint a tutor ad hoc or a tutor to property or where the designation of a tutor appointed by the father and mother is contested.
Tutorship is conferred on the advice of the tutorship council, unless it is applied for by the director of youth protection.
1991, c. 64, a. 205.
206. The minor, the father or mother and close relatives of the minor and persons connected by marriage or a civil union to the minor or any other interested person, including the Public Curator, may apply to the court and, if necessary, propose a suitable person who is willing to accept the tutorship.
1991, c. 64, a. 206; 2002, c. 6, s. 235.
207. The director of youth protection or the person recommended as tutor by him may also apply for the institution of tutorship to an orphan who is a minor and who has no tutor, or to a child whose father and mother both fail, in fact, to assume his care, maintenance or education, or to a child who in all likelihood would be in danger if he returned to his father and mother.
1991, c. 64, a. 207.
DIVISION IV
ADMINISTRATION OF TUTORS
208. In respect of the property of the minor, the tutor acts as an administrator entrusted with simple administration.
1991, c. 64, a. 208.
209. Fathers and mothers are not required in the administration of the property of their minor child to make an inventory of the property, to furnish a security as a guarantee of their administration, to render an annual account of management or to obtain any advice or authorization from the tutorship council or the court unless the property is worth more than $25,000 or it is ordered by the court on the application of an interested person.
1991, c. 64, a. 209.
210. All property given or bequeathed to a minor on condition that it be administered by a third person is withdrawn from the administration of the tutor.
If the act does not indicate the particular mode of administration of the property, the person administering it has the rights and obligations of a tutor to property.
1991, c. 64, a. 210.
211. A tutor may accept alone any gift in favour of his pupil. He may not accept any gift with a charge, however, without obtaining the authorization of the tutorship council.
1991, c. 64, a. 211.
212. A tutor may not transact or prosecute an appeal without the authorization of the tutorship council.
1991, c. 64, a. 212.
213. The tutor, before contracting a substantial loan in relation to the patrimony of the minor, offering property as security, alienating an important piece of family property, an immovable or an enterprise, or demanding the definitive partition of immovables held by the minor in undivided co-ownership, shall obtain the authorization of the tutorship council or, if the property or security is worth more than $25,000, of the court, which seeks the advice of the tutorship council.
The tutorship council or the court does not allow the loan to be contracted, or property to be alienated by onerous title or offered as security, except where that is necessary to ensure the education and maintenance of the minor, to pay his debts or to maintain the property in good order or safeguard its value. The authorization then indicates the amount and terms and conditions of the loan, the property that may be alienated or offered as security, and sets forth the conditions under which it may be done.
1991, c. 64, a. 213; 2002, c. 19, s. 15.
214. No tutor may, before obtaining an expert's appraisal, alienate property worth more than $25,000, except in the case of securities quoted and traded on a recognized stock exchange according to the provisions respecting presumed sound investments. A copy of the appraisal is attached to the annual management account.
Juridical acts which are related according to their nature, their object or the time they are performed constitute one and the same act.
1991, c. 64, a. 214.
215. A tutor acting alone may enter into an agreement to continue in indivision, but in that case the minor, once of full age, may terminate the agreement within one year, regardless of its term.
Any agreement authorized by the tutorship council and by the court is binding on the minor once of full age.
1991, c. 64, a. 215.
216. The clerk of the court gives notice without delay to the tutorship council and to the Public Curator of any judgment relating to the interests of the patrimony of a minor and of any transaction effected pursuant to an action to which the tutor is a party in that quality.
1991, c. 64, a. 216.
217. Where the property is worth more than $25,000, the liquidator of a succession which devolves or is bequeathed to a minor and the donor of property if the donee is a minor, and, in any case, any person who pays an indemnity for the benefit of a minor, shall declare that fact to the Public Curator and state the value of the property.
1991, c. 64, a. 217.
218. A tutor sets aside from the property under his administration all sums necessary to pay the expenses of the tutorship, in particular, to provide for the exercise of the civil rights of the minor and the administration of his patrimony. He also does so where, to ensure the minor's maintenance and education, it is necessary to make up for the support owed by the father and mother.
1991, c. 64, a. 218.
219. The tutor to the person agrees with the tutor to property as to the amounts he requires each year to pay the expenses of the tutorship.
If the tutors do not agree on the amounts or their payment, the tutorship council or, failing that, the court decides.
1991, c. 64, a. 219.
220. The minor manages the proceeds of his work and any allowances paid to him to meet his ordinary and usual needs.
Where the revenues of the minor are considerable or where justified by the circumstances, the court, after obtaining the advice of the tutor and, where applicable, the tutorship council, may fix the amounts that remain under the management of the minor. It takes into account the age and power of discernment of the minor, the general conditions of his maintenance and education and his obligations of support and those of his parents.
1991, c. 64, a. 220.
221. A director of youth protection exercising a tutorship or the person he recommends to exercise it shall obtain the authorization of the court where the law requires the tutor to obtain the advice or authorization of the tutorship council before acting.
Where the property is worth more than $25,000, however, or, at all events, where the court so orders, tutorship to property is conferred on the Public Curator, who has from that time the rights and obligations of a dative tutor, subject to the provisions of law.
1991, c. 64, a. 221.
DIVISION V
TUTORSHIP COUNCIL
§ 1. — Role and establishment of the council
222. The role of the tutorship council is to supervise the tutorship. The tutorship council is composed of three persons designated by a meeting of relatives, persons connected by marriage or a civil union and friends or, if the court so decides, of only one person.
1991, c. 64, a. 222; 2002, c. 6, s. 235.
223. A tutorship council is established both in the case of dative tutorship and in that of legal tutorship, although, in the latter case, only where the father and mother are required, in respect of the administration of the property of the minor, to make an inventory, to furnish security or to render an annual account of management.
No council is established where the tutorship is exercised by the director of youth protection, a person he has recommended as tutor, or the Public Curator.
1991, c. 64, a. 223.
224. Any interested person may initiate the establishment of a tutorship council by applying either to a notary or to the court of the place where the minor has his domicile or residence for the calling of a meeting of relatives, persons connected by marriage or a civil union and friends.
The court examining an application for the appointment or replacement of a tutor or tutorship council may do likewise, even of its own motion.
1991, c. 64, a. 224; 2002, c. 6, s. 235.
225. The tutor appointed by the father or mother of a minor or the father and mother, as the case may be, shall initiate the establishment of the tutorship council.
The father and mother may, at their option, convene a meeting of relatives, persons connected by marriage or a civil union and friends or make an application to the court for the establishment of a tutorship council composed of only one person designated by the court.
1991, c. 64, a. 225; 2002, c. 6, s. 235.
226. The father and mother of the minor and, if they have a known residence in Québec, his other ascendants and his brothers and sisters of full age shall be called to the meeting of relatives, persons connected by marriage or a civil union and friends called to establish a tutorship council.
The other relatives, persons connected by marriage or a civil union and friends of the minor may be called to the meeting provided they are of full age.
Not fewer than five persons shall attend the meeting and, as far as possible, the maternal and paternal lines shall be represented.
1991, c. 64, a. 226; 2002, c. 6, s. 235.
227. Persons who shall be called are always entitled to present themselves at the first meeting and give their opinion even if they were not called.
1991, c. 64, a. 227.
228. The meeting appoints the three members of the council and designates two alternates, giving consideration so far as possible to representation of the maternal and paternal lines.
It also appoints a secretary, who may or may not be a member of the council, responsible for taking and keeping the minutes of the deliberations; it fixes the remuneration of the secretary, where applicable.
The tutor may not be a member of the tutorship council.
1991, c. 64, a. 228.
229. Vacancies are filled by the council by selecting a designated alternate in the line where the vacancy occurred. If there is no alternate, the council selects a relative or a person connected by marriage or a civil union in the same line or, if none, a relative or a person connected by marriage or a civil union in the other line or a friend.
1991, c. 64, a. 229; 2002, c. 6, s. 235.
230. The tutorship council is bound to invite the tutor to each of its meetings to hear his opinion; the minor may be invited.
1991, c. 64, a. 230.
231. The court may, on application or of its own motion, rule that the tutorship council will be composed of only one person designated by it where, owing to the dispersal or indifference of the family members or their inability, for serious reasons, to attend, or to the personal or family situation of the minor, it would be inadvisable to establish a council composed of three persons.
The court may in such a case designate a person who shows a special interest in the minor or, failing that, the director of youth protection or the Public Curator, if he is not already the tutor.
The court may exempt the person making the application from first calling a meeting of relatives, persons connected by marriage or a civil union and friends if it is shown that sufficient effort has been made to call the meeting, but that such effort has been in vain.
1991, c. 64, a. 231; 2002, c. 6, s. 235.
232. Excepting the director of youth protection and the Public Curator, no person may be compelled to accept membership in the council; a person who has agreed to become a member may be released at any time provided it is not done at an inopportune moment.
Membership of a tutorship council is a personal charge that entails no remuneration.
1991, c. 64, a. 232.
§ 2. — Rights and obligations of the council
233. The tutorship council gives advice and makes decisions in every case provided for by law.
Moreover, where the rules of administration of the property of others provide that the beneficiary shall or may give his consent to an act, obtain advice or be consulted, the council acts on behalf of the minor who is the beneficiary.
1991, c. 64, a. 233.
234. The council, where composed of three persons, meets at least once a year; deliberations are not valid unless a majority of its members attend the meeting or unless all the members can express themselves by a means which allows all of them to communicate directly with each other.
The decisions and advice of the council are taken or given by majority vote; each member shall give reasons.
1991, c. 64, a. 234.
235. Whenever a minor has any interest to discuss judicially with his tutor, the council causes a tutor ad hoc to be appointed to him.
1991, c. 64, a. 235.
236. The council ascertains that the tutor makes an inventory of the property of the minor and that he furnishes and maintains a security.
The council receives the annual management account from the tutor and is entitled to examine all documents and vouchers attached to the account and obtain a copy of them.
1991, c. 64, a. 236.
237. Any interested person may, for a grave reason, apply to the court within 10 days to have a decision of the council reviewed or for authorization to initiate the establishment of a new council.
1991, c. 64, a. 237.
238. The tutor may demand the convening of the council or, if it cannot be convened, apply to the court for authorization to act alone.
1991, c. 64, a. 238.
239. The council is responsible for seeing that the records of the tutorship are preserved and for transmitting them to the minor or his heirs at the end of the tutorship.
1991, c. 64, a. 239.
DIVISION VI
SUPERVISION OF TUTORSHIPS
§ 1. — Inventory
240. Within 60 days of the institution of the tutorship, the tutor shall make an inventory of the property to be administered. He shall do the same in respect of property devolved to the minor after the tutorship is instituted.
A copy of the inventory is transmitted to the Public Curator and to the tutorship council.
1991, c. 64, a. 240.
241. A tutor who continues the administration of another tutor after the rendering of account is exempt from making an inventory.
1991, c. 64, a. 241.
§ 2. — Security
242. The tutor is bound, if the value of the property to be administered exceeds $25,000, to take out liability insurance or furnish other security to guarantee the performance of his obligations. The kind and object of the security and the time granted to furnish it are determined by the tutorship council.
The tutorship is liable for the costs of the security.
1991, c. 64, a. 242.
243. The tutor shall without delay furnish proof of the security to the tutorship council and to the Public Curator.
The tutor shall maintain the security or another of sufficient value for the duration of his office and furnish proof of it every year.
1991, c. 64, a. 243.
244. A legal person exercising tutorship to property is exempt from furnishing security.
1991, c. 64, a. 244.
245. Where it is advisable to release the security, the tutorship council or the minor, once he attains full age, may do so and, at the cost of the tutorship, apply for cancellation of the registration, if any. Notice of the cancellation is given to the Public Curator.
1991, c. 64, a. 245.
§ 3. — Reports and accounts
246. The tutor sends the annual account of his management to the minor 14 years of age or over, to the tutorship council and to the Public Curator.
The tutor to property renders an annual account to the tutor to the person.
1991, c. 64, a. 246.
247. At the end of his administration, the tutor shall give a final account to the minor who has come of age; he shall also give an account to the tutor who replaces him and to the minor 14 years of age or over or, where applicable, to the liquidator of the succession of the minor. He shall send a copy of his final account to the tutorship council and to the Public Curator.
1991, c. 64, a. 247.
248. Every agreement between the tutor and the minor who has come of age relating to the administration or the account is null unless it is preceded by a detailed rendering of account and the delivery of the related vouchers.
1991, c. 64, a. 248.
249. The Public Curator examines the annual accounts of management and the final account of the tutor. He also ascertains that the security is maintained.
He may require any document and any explanation concerning the accounts and, where provided for by law, require that they be audited.
1991, c. 64, a. 249.
DIVISION VII
REPLACEMENT OF TUTOR AND END OF TUTORSHIP
250. A dative tutor may, for a serious reason, apply to the court to be relieved of his duties, provided his application is not made at an inopportune moment and notice of it has been given to the tutorship council.
1991, c. 64, a. 250.
251. The tutorship council or, in case of emergency, one of its members shall apply for the replacement of a tutor who is unable to perform his duties or neglects his obligations. A tutor to the person shall act in the same manner with regard to a tutor to property.
Any interested person, including the Public Curator, may also, for the reasons set forth in the first paragraph, apply for the replacement of the tutor.
1991, c. 64, a. 251.
252. Where tutorship is exercised by the director of youth protection, by a person he recommends as tutor or by the Public Curator, any interested person may apply for his replacement without having to justify it for any reason other than the interest of the minor.
1991, c. 64, a. 252.
253. During the proceedings, the tutor continues to exercise his duties unless the court decides otherwise and appoints a provisional administrator responsible for the simple administration of the property of the minor.
1991, c. 64, a. 253.
254. Every judgment terminating the duties of a tutor contains the reasons for replacing him and designates the new tutor.
1991, c. 64, a. 254.
255. Tutorship ends when the minor attains full age, obtains full emancipation or dies.
The office of a tutor ceases at the end of the tutorship, when the tutor is replaced or on his death.
1991, c. 64, a. 255.
CHAPTER III
PROTECTIVE SUPERVISION OF PERSONS OF FULL AGE
DIVISION I
GENERAL PROVISIONS
256. Protective supervision of a person of full age is established in his interest and is intended to ensure the protection of his person, the administration of his patrimony and, generally, the exercise of his civil rights.
Any incapacity resulting from protective supervision is established solely in favour of the person under protection.
1991, c. 64, a. 256.
257. Every decision relating to the institution of protective supervision or concerning a protected person of full age shall be in his interest, respect his rights and safeguard his autonomy.
The person of full age shall, so far as possible and without delay, be informed of the decision.
1991, c. 64, a. 257.
258. A tutor or curator is appointed to represent, or an adviser to assist, a person of full age who is incapable of caring for himself or herself or of administering property by reason, in particular, of illness, deficiency or debility due to age which impairs the person's mental faculties or physical ability to express his or her will.
A tutor or an adviser may also be appointed to a prodigal who endangers the well-being of his or her married or civil union spouse or minor children.
1991, c. 64, a. 258; 2002, c. 6, s. 21.
259. In selecting the form of protective supervision, consideration is given to the degree of the person's incapacity to care for himself or administer his property.
1991, c. 64, a. 259.
260. The curator or the tutor to a protected person of full age is responsible for his custody and maintenance; he is also responsible for ensuring the moral and material well-being of the protected person, taking into account his condition, needs and faculties and the other aspects of his situation.
He may delegate the exercise of the custody and maintenance of the protected person of full age but, so far as possible, he and the delegated person shall maintain a personal relationship with the protected person, obtain his advice where necessary, and keep him informed of the decisions made in his regard.
1991, c. 64, a. 260; 2002, c. 19, s. 15.
261. The Public Curator does not exercise curatorship or tutorship to a protected person of full age unless he is appointed by the court to do so; he may also act by virtue of his office if the person of full age is no longer provided with a curator or tutor.
1991, c. 64, a. 261.
262. The Public Curator has the simple administration of the property of a protected person of full age even when acting as curator.
1991, c. 64, a. 262.
263. The Public Curator does not have custody of the protected person of full age to whom he is appointed tutor or curator unless, where no other person can assume it, the court entrusts it to him. He is nevertheless, in all cases, responsible for protection of the person of full age.
The person to whom custody is entrusted, however, has the power of a tutor or curator to give consent to the care required by the state of health of the person of full age, except the care which the Public Curator elects to provide.
1991, c. 64, a. 263.
264. The Public Curator acting as tutor or curator to a protected person of full age may delegate the exercise of certain functions related to tutorship or curatorship to a person he designates after ascertaining, where the person of full age is being treated in a health or social services establishment, that the designated person is not an employee of the establishment and has no duties therewith. He may, however, where circumstances warrant, disregard this restriction if the employee of the establishment is the spouse or a close relative of the person of full age or if the function delegated is the management, according to the Public Curator's instructions, of the monthly personal expense allowance granted to the person.
He may authorize the delegate to consent to the care required by the state of health of the person of full age, except care which the Public Curator elects to provide.
1991, c. 64, a. 264; 1999, c. 30, s. 21.
265. At least once a year, the delegate renders account of the exercise of the custody to the Public Curator. The Public Curator may revoke the delegation if there is a conflict of interest between the delegate and the protected person of full age or for any other serious reason.
1991, c. 64, a. 265.
266. The rules pertaining to tutorship to minors apply, adapted as required, to tutorship and curatorship to persons of full age.
Thus, the spouse and descendants in the first degree of the person of full age shall be called to the meeting of relatives, persons connected by marriage or a civil union and friends along with the persons to be called to it pursuant to article 226.
1991, c. 64, a. 266; 1998, c. 51, s. 25; 2002, c. 6, s. 235.
267. Where the Public Curator requires the institution or review of protective supervision and shows that sufficient effort has been made to call the meeting of relatives, persons connected by marriage or a civil union and friends but that such effort has been in vain, the court may proceed without the meeting being held.
1991, c. 64, a. 267; 2002, c. 6, s. 235.
DIVISION II
INSTITUTION OF PROTECTIVE SUPERVISION
268. The institution of protective supervision is awarded by the court.
The court is not bound by the application and may decide on a form of protective supervision other than the form contemplated in the application.
1991, c. 64, a. 268.
269. The person of full age himself, his spouse, his close relatives and the persons connected to him by marriage or a civil union, any person showing a special interest in the person or any other interested person, including the mandatary designated by the person of full age or the Public Curator, may apply for the institution of protective supervision.
1991, c. 64, a. 269; 2002, c. 6, s. 235.
270. Where a person of full age receiving care or services from a health or social services establishment requires to be assisted or represented in the exercise of his civil rights by reason of his isolation, the foreseeable duration of his incapacity, the nature or state of his affairs or because no mandatary already designated by him gives him adequate assistance or representation, the executive director of the health or social services institution reports that fact to the Public Curator, transmits a copy of his report to the person of full age and informs a close relative of that person.
Such a report contains, in particular, the medical and psychosocial assessment prepared by the person who examined the person of full age; it deals with the nature and degree of the incapacity of the person of full age, the extent of his needs and the other circumstances of his situation and with the advisability of instituting protective supervision for him. It also sets out the names, if known, of the persons qualified to apply for the institution of protective supervision.
1991, c. 64, a. 270.
271. The institution of protective supervision of a person of full age may be applied for in the year preceding his attaining full age.
The judgment takes effect on the day the person attains full age.
1991, c. 64, a. 271.
272. During proceedings, the court may, even of its own motion, decide on the custody of the person of full age if it is clear that he is unable to care for himself and that custody is required to save him from serious harm.
Even before the proceedings, the Court may, if protective supervision is about to be instituted and it is necessary to act in order to save the person of full age from serious harm, designate the Public Curator or another person provisionally to ensure protection of the person of full age or to represent him in the exercise of his civil rights.
1991, c. 64, a. 272; 1999, c. 30, s. 22.
273. An act under which the person of full age has entrusted another person with the administration of his property continues to produce its effects notwithstanding the proceedings unless it is revoked by the court for a serious reason.
If no mandate has been given by the person of full age or by the court under article 444, the rules provided in respect of the management of the business of another are observed and the Public Curator and any other person who is qualified to apply for the institution of protective supervision may, in an emergency or even before proceedings if an application for the institution of protective supervision is about to be made, perform the acts required to preserve the patrimony.
1991, c. 64, a. 273.
274. In cases where there is no mandate or management of the business of another or even before proceedings if an application for the institution of protective supervision is about to be made, the court may, if it is necessary to act in order to prevent serious harm, provisionally designate the Public Curator or another person either to perform a specific act or to administer the property of the person of full age within the limits of simple administration of the property of others.
1991, c. 64, a. 274.
275. During proceedings and thereafter, if the form of protective supervision is a tutorship, the dwelling of the protected person of full age and the furniture in it are kept at his disposal. The power to administer that property extends only to agreements granting precarious enjoyment, which cease to have effect by operation of law upon the return of the protected person of full age.
Should it be necessary or in the best interest of the protected person of full age that his furniture or his rights in respect of a dwelling be disposed of, the act may be done only with the authorization of the tutorship council. Even in such a case, except for a compelling reason, souvenirs and other personal effects may not be disposed of and shall, so far as possible, be kept at the disposal of the person of full age by the health or social services establishment.
1991, c. 64, a. 275.
276. Where the court examines an application to institute protective supervision, it takes into consideration, in addition to the advice of the persons who may be called to form the tutorship council, the medical and psychosocial evidence, the wishes expressed by the person of full age in a mandate given in anticipation of his incapacity but which has not been homologated, and the degree of autonomy of the person in whose respect the institution of protective supervision is applied for.
The court shall give to the person of full age an opportunity to be heard, personally or through a representative where required by his state of health, on the merits of the application and, where applicable, on the form of protective supervision and as to the person who will represent or assist him.
1991, c. 64, a. 276.
277. A judgment concerning protective supervision may be reviewed at any time.
1991, c. 64, a. 277.
278. Unless the court fixes an earlier date, the protective supervision is reviewed every three years in the case of a tutorship or where an adviser has been appointed or every five years in the case of a curatorship.
The curator, tutor or adviser to the person of full age is bound to see to it that the person of full age is submitted to a medical and psychosocial assessment in due time. Where the person making the assessment becomes aware that the situation of the person of full age has so changed as to justify the termination or modification of protective supervision, he makes a report to the person of full age and to the person having applied for the assessment and files a copy of the report in the office of the court.
1991, c. 64, a. 278.
279. The executive director of the health or social services institution providing care or services to the person of full age shall, if the incapacity that justified protective supervision ceases, attest that fact in a report which he files in the office of the court. Such a report includes the medical and psychosocial assessment.
1991, c. 64, a. 279.
280. When a report on the review of protective supervision has been filed, the clerk notifies the persons qualified to intervene in the application for protective supervision. If no objection is made within 30 days after the report is filed, protective supervision is modified or terminated without other formality. An attestation is drawn up by the clerk and transmitted without delay to the person of full age himself and to the Public Curator.
1991, c. 64, a. 280; 2002, c. 19, s. 15.
DIVISION III
CURATORSHIP TO PERSONS OF FULL AGE
281. The court institutes curatorship to a person of full age if it is established that the incapacity of that person to care for himself and to administer his property is total and permanent and that he requires to be represented in the exercise of his civil rights.
The court then appoints a curator.
1991, c. 64, a. 281; 2002, c. 19, s. 15.
282. The curator has the full administration of the property of the protected person of full age, except that he is bound, as the administrator entrusted with simple administration of the property of others, to make only investments that are presumed sound. The only rules which apply to his administration are the rules of administration of the property of others.
1991, c. 64, a. 282.
283. An act performed alone by a person of full age under curatorship may be declared null or the obligations resulting from it reduced, without any requirement to prove damage.
1991, c. 64, a. 283.
284. Acts performed before the curatorship may be annulled or the obligations resulting from them reduced on the mere proof that the incapacity was notorious or known to the other party at the time the acts were performed.
1991, c. 64, a. 284.
DIVISION IV
TUTORSHIP TO PERSONS OF FULL AGE
285. The court institutes tutorship to a person of full age if it is established that the incapacity of that person to care for himself or to administer his property is partial or temporary and that he requires to be represented in the exercise of his civil rights.
The court then appoints a tutor to the person and to property, or a tutor either to the person or to property.
1991, c. 64, a. 285.
286. The tutor has the simple administration of the property of the person of full age incapable of administering his property. He exercises his administration in the same manner as the tutor to a minor, unless the court decides otherwise.
1991, c. 64, a. 286.
287. The rules pertaining to the exercise of the civil rights of a minor apply, adapted as required, to a person of full age under tutorship.
1991, c. 64, a. 287.
288. The court may, on the institution of the tutorship or subsequently, determine the degree of capacity of the person of full age under tutorship, taking into consideration the medical and psychosocial assessment and, as the case may be, the advice of the tutorship council or of the persons who may be called upon to form the tutorship council.
The court then indicates the acts which the person under tutorship may perform alone or with the assistance of the tutor, or which he may not perform unless he is represented.
1991, c. 64, a. 288.
289. The person of full age under tutorship retains the administration of the proceeds of his work, unless the court decides otherwise.
1991, c. 64, a. 289.
290. Acts performed before the tutorship may be annulled or the obligations resulting from them reduced on the mere proof that the incapacity was notorious or known to the other party at the time the acts were performed.
1991, c. 64, a. 290.
DIVISION V
ADVISERS TO PERSONS OF FULL AGE
291. The court appoints an adviser to a person of full age who, although generally and habitually capable of caring for himself and of administering his property, requires, for certain acts or for a certain time, to be assisted or advised in the administration of his property.
1991, c. 64, a. 291.
292. The adviser does not have the administration of the property of the protected person of full age. He shall, however, intervene in the acts for which he is bound to give him assistance.
1991, c. 64, a. 292.
293. The court, on the institution of the advisership or subsequently, indicates the acts for which the adviser's assistance is required, and those for which it is not required.
If the court gives no indication, the protected person of full age shall be assisted by his adviser for every act beyond the capacity of a minor who has been granted simple emancipation.
1991, c. 64, a. 293.
294. Acts performed alone by a person of full age for which the intervention of his adviser was required may be annulled or the obligations resulting from them reduced only if the person of full age suffers prejudice therefrom.
1991, c. 64, a. 294.
DIVISION VI
END OF PROTECTIVE SUPERVISION
295. Protective supervision ceases by a judgment of release or by the death of the protected person of full age.
Protective supervision also ceases upon the expiry of the prescribed period for contesting the report attesting the cessation of the incapacity.
1991, c. 64, a. 295.
296. A protected person of full age may at any time after the release of protective supervision and, where applicable, after the rendering of account by the tutor or curator, confirm any act otherwise null.
1991, c. 64, a. 296.
