C-25.01 - Code of Civil Procedure

Section 320 Disposition versions

2022-11-01

320. In matters relating to tutorship to a minor, tutorship to a person of full age or a protection mandate, the notary notifies the minutes to the minor concerned, if 14 years of age or older, or to the person of full age concerned. The notary also notifies the minutes to the tutor, the mandatary, the applicant, the spouse of the person concerned, the Public Curator and the other persons to whom the application was notified. The notary informs them, on the same occasion, of their right to file their opposition with the court in the 10 days preceding the date specified by the notary for the filing of the minutes with the court office.

If no opposition is received, the appointment of a tutor to a minor or of a tutorship council becomes effective on the filing of the notary’s minutes. An attestation is drawn up by the clerk and sent without delay to the tutor, to the minor, to the members of the tutorship council, and to the Public Curator.

In any other matter, the court seized by the filing of the notary’s minutes may, if no opposition is received, grant, amend or reject the conclusions set out in the minutes. The court clerk sends the judgment without delay to the persons to whom the minutes were notified.

2014, c. 1, a. 320; 2020, c. 11, s. 108.

2016-01-01

320. In matters relating to tutorship to a minor or the protective supervision of or a protection mandate for a person of full age, the notary notifies the minutes to the minor concerned, if 14 years of age or older, or to the person of full age concerned. The notary also notifies the minutes to the tutor or curator, the mandatary, the applicant, the spouse of the person concerned, the Public Curator and the other persons to whom the application was notified. The notary informs them, on the same occasion, of their right to file their opposition with the court in the 10 days preceding the date specified by the notary for the filing of the minutes with the court office.

If no opposition is received, the appointment of a tutor to a minor or of a tutorship council becomes effective on the filing of the notary’s minutes.

In any other matter, the court seized by the filing of the notary’s minutes may, if no opposition is received, grant, amend or reject the conclusions set out in the minutes. The court clerk sends the judgment without delay to the persons to whom the minutes were notified.

2014, c. 1, a. 320.