B-5.1, r. 1 - Regulation respecting the application of the Unclaimed Property Act

Section 1 Disposition versions

2023-07-20

1. For the purposes of determining whether the Minister is to be provisional administrator under the first paragraph of section 2 of the Unclaimed Property Act (chapter B-5.1), the Minister may require the following information and documents:

(1)  for property referred to in subparagraph 1 of that first paragraph, a sworn statement by a person who has personal knowledge of the disappearance of the absentee, indicating the date on which the absentee ceased to appear at his or her domicile or residence, the fact that the absentee has not been heard from since the date of the absentee’s disappearance, and, if they are known, the circumstances of the disappearance;

(2)  for property referred to in subparagraph 2 of that first paragraph, a statement by the coroner indicating that he or she has in his or her custody property found on the body of an unknown person or on an unclaimed body;

(3)  for property referred to in subparagraph 3 of that first paragraph, a copy of the notice of dissolution of the legal person, a certificate from the competent authority attesting the dissolution of the legal person and, in the case of a legal person dissolved under the rules of the Civil Code, a statement from the liquidator or from another interested person justifying that the property devolves to the State or indicating that liquidation of the legal person has not been completed, together with the liquidator’s rendering of account;

(4)  for property referred to in subparagraph 4 of that first paragraph, a statement from a successor or other interested person indicating, in addition to the reasons requiring the involvement of the Minister, that the known successors have not exercised their option in respect of the succession or that the heirs, or a third person designated in accordance with the testamentary provisions of the deceased or by the court, are unable to discharge the office of liquidator of the succession;

(5)  for property without an owner or lost or forgotten property referred to in subparagraph 5 of that first paragraph, a statement by a person who has personal knowledge of the facts related to such property, indicating the circumstances in which the property came to be without an owner or was lost or forgotten;

(6)  for forfeited property referred to in subparagraph 5 of that first paragraph, a forfeiture order and any other document attesting to the permanent forfeiture of the property;

(7)  for property referred to in subparagraph 7 of that first paragraph, a statement from the director of the detention centre or an administrator of the facility, indicating the circumstances of the deposit or abandonment of the property, the departure or death of the depositor and the attempts to locate the depositor or to notify the heirs, together with, if applicable, the death certificate or a copy of an act of death, issued by the registrar of civil status, and a copy of any document concerning the depositor’s identity and domicile;

(8)  for property referred to in subparagraph 8 of that first paragraph, a statement from an interested person that the administrator has died, has resigned, or is unable to exercise the functions of administrator indicating the nature of the inhability, together with a document justifying the administrator’s incapacity to carry out the administration of the property and, if applicable, a copy of the act constituting the administration and the administrator’s rendering of account;

(9)  for property of a partnership referred to in subparagraph 9 of that first paragraph, a statement from the liquidator or from another interested person justifying that the property devolves to the State or indicating that the liquidation of the partnership has not been completed, together with the liquidator’s rendering of account and a copy of the notice of dissolution of the partnership;

(10)  for property of an association referred to in subparagraph 9 of that first paragraph, a statement from an interested person indicating the termination of the contract of association and the reasons therefor, and justifying that the property devolves to the State, together with the liquidator’s rendering of account, if applicable;

(11)  for property referred to in subparagraph 10 of that first paragraph, a statement from a person who has personal knowledge of the facts related to such property indicating that, despite all attempts, the owner or other right-holder could not be identified or found by reasonable means.

O.C. 584-2015, s. 1; O.C. 1036-2023, s. 1.

2015-09-01

1. For the purposes of determining whether the Minister is to be provisional administrator under the first paragraph of section 2 of the Unclaimed Property Act (chapter B-5.1), the Minister may require the following information and documents:

(1)  for property referred to in subparagraph 1 of that first paragraph, a sworn statement by a person who has personal knowledge of the disappearance of the absentee, indicating the date on which the absentee ceased to appear at his or her domicile or residence, the fact that the absentee has not been heard from since the date of the absentee’s disappearance, and, if they are known, the circumstances of the disappearance;

(2)  for property referred to in subparagraph 2 of that first paragraph, a statement by the coroner indicating that he or she has in his or her custody property found on the body of an unknown person or on an unclaimed body;

(3)  for property referred to in subparagraph 3 of that first paragraph, a copy of the notice of dissolution of the legal person, a certificate from the competent authority attesting the dissolution of the legal person and, in the case of a legal person dissolved under the rules of the Civil Code, a statement from the liquidator or from another interested person justifying that the property devolves to the State or indicating that liquidation of the legal person has not been completed, together with the liquidator’s rendering of account;

(4)  for property referred to in subparagraph 4 of that first paragraph, a statement from a successor or other interested person indicating, in addition to the reasons requiring the involvement of the Minister, that the known successors have not exercised their option in respect of the succession or that the heirs, or a third person designated in accordance with the testamentary provisions of the deceased or by the court, are unable to discharge the office of liquidator of the succession;

(5)  for property without an owner or lost or forgotten property referred to in subparagraph 5 of that first paragraph, a statement by a person who has personal knowledge of the facts related to such property, indicating the circumstances in which the property came to be without an owner or was lost or forgotten;

(6)  for forfeited property referred to in subparagraph 5 of that first paragraph, a forfeiture order and any other document attesting to the permanent forfeiture of the property;

(7)  for property referred to in subparagraph 7 of that first paragraph, a statement from the director of the detention centre or an administrator of the facility, indicating the circumstances of the deposit or abandonment of the property, the departure or death of the depositor and the attempts to locate the depositor or to notify the heirs, together with the death certificate, if applicable, and a copy of any document concerning the depositor’s identity and domicile;

(8)  for property referred to in subparagraph 8 of that first paragraph, a statement from an interested person that the administrator has died, has resigned, or is unable to exercise the functions of administrator indicating the nature of the inhability, together with a document justifying the administrator’s incapacity to carry out the administration of the property and, if applicable, a copy of the act constituting the administration and the administrator’s rendering of account;

(9)  for property of a partnership referred to in subparagraph 9 of that first paragraph, a statement from the liquidator or from another interested person justifying that the property devolves to the State or indicating that the liquidation of the partnership has not been completed, together with the liquidator’s rendering of account and a copy of the notice of dissolution of the partnership;

(10)  for property of an association referred to in subparagraph 9 of that first paragraph, a statement from an interested person indicating the termination of the contract of association and the reasons therefor, and justifying that the property devolves to the State, together with the liquidator’s rendering of account, if applicable;

(11)  for property referred to in subparagraph 10 of that first paragraph, a statement from a person who has personal knowledge of the facts related to such property indicating that, despite all attempts, it was impossible to identify or to find the owner or other right-holder.

O.C. 584-2015, s. 1.