The organization and its commitments

Requests for access to documents held by the Curateur public are governed, depending on their nature, by the Public Curator Act or by the Act respecting Access to documents held by public bodies and the Protection of personal information .

All requests for access to a document covered by either of these acts, as well as requests to correct personal information, must be addressed to the person in charge of access to documents and the protection of personal information:

To make it easier for you to submit a written request for access, the Curateur public offers the following optional form Request for Access to Documents Containing Personal Information or to Administrative Documents (PDF 233 Kb). 

Any electronic communication containing personal or confidential information must be secure.

Submitting a request for access in accordance with the Act respecting Access

See the general “Access to information” section for information about how to submit a request for access.

The Act respecting Access applies to:

• administrative documents held by the Curateur public;
• personal information about the following people:
  • individuals under a private tutorship (i.e., who have a tutor other than the Curateur public); 
  • individuals under provisional protection to the person or to the property by a person other than the Curateur public; 
  • individuals for whom a protection mandate in a homologation process or whose such a mandate has been homologated; 
  • a person under temporary representation; 
  • an assisted person under assistance measure.

Submitting a request for access in accordance with the Public Curator Act 

The Public Curator Act provides for access to personal information about a person who is under representation by the Curateur public (person or property), whether provisionally or not.

This includes the following people:

• individuals represented by the Curateur public in the capacity of tutor;
• individuals under provisional representation by the Curateur public (protection of their person, exercise of their rights, or administration of their property);
• individuals for whom the Court has appointed the Curateur public administrator of the property others.

Recourse

A person who submits a request (the applicant) has no recourse to the Commission d’accès à l’information du Québec in the event their request (written or verbal) is denied in accordance with the Public Curator Act. However, Article 41 of the Civil Code of Quebec stipulates that, if a difficulty arises in exercising the right of examination or rectification of a file, the court will settle the matter. As such, if the applicant feels wronged by the decision, in accordance with Article 41 of the Civil Code of Québec , they can contact the Curateur public du Québec’s Complaints Office , the Ombudsman , or the Superior Court of Québec .

Request by a third party to access the file of a person represented by the Curateur public

In accordance with Section 52 (4) of the Public Curator Act , the Curateur public may authorize a third party to access the file of a person under its representation as tutor if this is in the represented person’s best interest, respects their rights and preserves their autonomy. Also, the applicant must indicate the capacity in which they are submitting the request for access to information, for example, spouse, close relative, relative by marriage or a civil union, or any other person who has shown special interest in the represented person of full age. The applicant must also state the reasons why obtaining the documents is, in their opinion, in the interest of the represented person.

In processing the request for access, the appointed curator states their opinion to the access to information advisor, based on, among other things, the represented person’s best interest, the respect for their rights, and the preservation of their autonomy. The opinion of the represented person must be obtained whenever possible.

At the end of the process, the person in charge of access communicates their decision to the applicant in writing.

Request for access to personal information or to the file of a person represented by the Curateur public or whose property it administers - Specific requirements

Document to attach when the personal information concerns a living person: 

• an identity paper bearing the applicant’s signature to confirm their identity, i.e., a copy of their health insurance card, driver’s license, passport, or any other official document bearing their signature;
• If the person is not under representation:
  • the original consent form signed by the person concerned, specifying the documents in question,
  • an identity paper bearing the signature of the person concerned to confirm their identity;
• If the person is represented by a person other than the Curateur public:
  • the original consent form signed by the legal representative (tutor, temporary representant or mandatary), specifying the documents in question,
  • an identity paper bearing the signature of the legal representative to confirm their identity;
• If the person is represented by the Curateur public:
  • A letter signed by you stating the capacity in which you are making the request and why you believe obtaining the documents is in the best interest of the represented person.
    (If this is a request for access to your own file, contact your appointed curator in writing or verbally).  

Documents to attach when the personal information concerns a deceased person:

• an identity paper bearing the applicant’s signature to confirm their identity, i.e., a copy of their health insurance card, driver’s license, passport, or any other official document bearing their signature;
• a true copy certified by a commissioner for oaths of the Chambre des notaires du Québec’s final certificate of a will search;
• a true copy certified by a commissioner for oaths of the Barreau du Québec’s final certificate of a will search;
• a true copy certified by a commissioner for oaths of the last will (where applicable) or of the probate decision, in the case of a holographic (handwritten) will, of the certificate or act of birth, or of the declaration of heredity, if there is no will;
• the original of a document signed by the applicant in which they specify the capacity (estate liquidator, beneficiary of a life insurance policy or a death benefit, heir or successor) in which they are making the request, and how access to the documents contained in the file of the deceased person is related to their interests or rights in this capacity. 

The applicant may be asked to provide other documents following the analysis of the access request.

Submitting a request for access to an administrative document

See the “Access to information” section for information about how to submit a request for access to an administrative document.

You can use the Structure de classification du Curateur public (in French) (PDF 39 Kb) to formulate your request. This list provides insight into the organization’s document classification system. It does not provide direct access to a file or a document, but rather lists the types of documents kept by the Curateur public in the course of its activities.

The Curateur public makes available past requests for access to administrative documents and the responses provided by the Curateur public. These requests are published within five business days of the response being sent to the applicant.

You can find out what information the Curateur public has about you and how it is used by consulting the Inventaire des fichiers de renseignements personnels [inventory of personal information files] (in French).

Note that the Auditor General of Québec and the Québec Ombudsman have access, upon request, to the personal information contained in these files.

The Registre des communications de renseignements personnels (in French) (PDF 95 Kb) also shows with whom information held under the Act respecting access is shared, as well as the information that is held under the Public Curator Act.

You can also read the Protocole de collaboration entre la Commission des droits de la personne et des droits de la jeunesse agissant aux présentes en vertu de la Charte des droits et libertés de la personne et le Curateur public (in French) (PDF 393 Kb).

Documents tabled in the National Assembly are documents produced by Curateur public for the purpose of a public hearing of the National Assembly or one of its committees or subcommittees.

Draft regulations are circulated with the Dossiers soumis au Conseil des ministres [dossiers submitted to Cabinet] (in French).

This is also where bills, memoranda, and regulatory impact analyses are posted.

Contracts

For information on contracts entered into by Curateur public, consult the following pages of the Gouvernement du Québec’s electronic tendering system (Système électronique d’appel d’offres, SEAO):

• Contracts by mutual agreement
• Contracts following an invitation to tender
• Contracts following a public call for tenders .

Financial commitments

Engagements financiers de 25 000 $ et plus du Curateur public [financial commitments of $25,000 or more by the Curateur public] (in French)

Organization’s expenses (in French)

View expenses related to the organization’s staff, training activities and conferences, advertising and mobile telecommunications contracts, leases, etc.

Annual salaries, indemnities, and allowances

For a list of the annual salaries, indemnities, and allowances of ministers, senior employees and cabinet staff, visit the Ministère du Conseil exécutif’s website .