Tutorship to the property of a minor
The role of the tutorship council is to oversee the tutorship and to guide the tutor in their duties.
It is usually made up of:
- three members chosen from among the people of full age close to the minor;
- a secretary, who may or may not be a member; and
- one or two substitutes, in the event a member has to withdraw from the council.
Its members are chosen by a meeting of relatives of the minor and persons connected to him by marriage or a civil union, and his friends and appointed by the court. The meeting of relatives of the minor and persons connected to him by marriage or a civil union, and his friends gathers members of the immediate family and persons with a special interest or loved ones of the child. The persons who attend this assembly are convened by a special court clerk or a notary, at your request as a tutor or subsequent to a request from any other interested person.
When the situation warrants it, the tutorship council may consist of only one person, who will also act as secretary.
The Curateur public may also be designated as the tutorship council, in particular when no one is interested in or available to act as members.
Why form a tutorship council?
The tutorship council plays an important role in the tutorship to the property, since it must ensure that the tutor acts in the minor’s interest and administers their patrimony effectively. For this reason, it must be formed upon the institution of a dative tutorship or at the start of oversight of a legal or suppletive tutorship to the minor. Any person with an interest in the minor may also request the formation of a tutorship council.
However, if the director of youth protection of a Québec youth centre, a person recommended by them, or the Curateur public assumes the role of tutor, no tutorship council will be formed.
No one is required to accept the role of member of the tutorship council, EXCEPT for the director of youth protection of a Québec youth centre and the Curateur public. Furthermore, any member may ask to be relieved of their duties.
To find out how to form a tutorship council, consult the documents Administering the property of a minor - Guide for the dative tutor and the tutorship council (for dative and suppletive tutors) (PDF 2.65 Mb) and Administering the property of a minor - Guide for the legal tutor and the tutorship council (PDF 2.66 Mb).
Responsibilities of the tutorship council
As the tutorship council, your role is primarily to:
- oversee the administration of the minor’s patrimony by the tutor;
- ensure that the tutor is looking after the minor’s material well-being and is representing them in matters related to their patrimony, where applicable;
- give advice and make decisions as required by law.
You are also responsible for:
- determining the type and amount of the security that the tutor must provide, if the value of the minor’s patrimony exceeds $40,000. You must do so within the first six months following the institution of the dative tutorship or the start of the legal or suppletive tutor’s oversight, failing which the Curateur public may step in. You must also set a time limit for the tutor to provide the security. If the value of the minor’s patrimony falls below $40,000, you can no longer require the tutor to provide a security;
- verifying the documents that the tutor must produce and give to you. This includes:
- the inventory to the minor’s property;
- the annual management reports and all supporting documents and materials;
- the final administration report;
- encouraging conflict resolution between the tutors;
- asking the court to appoint an ad hoc tutor to protect the minor’s interests. The ad hoc tutor is a person designated to represent the minor when they find themselves in a potential legal conflict with their tutor;
- keeping all documents related to the tutorship;
- ensuring the tutor is replaced if they are no longer able to perform their duties, if they die, or if they fail to fulfill their obligations;
- processing any reports, where applicable.
Since the tutor has the power of simple administration, they will need your permission or the permission of the court to perform certain acts.
The tutor will need to get your permission, for example, to:
- renounce a succession left to the minor;
- accept a gift with a charge on behalf of the minor, i.e., a gift with obligations attached;
- sell or mortgage a major property belonging to the minor with a value of $40,000 or less;
- modify the security;
- exceptionally use the patrimony to cover expenses related to the minor’s education, health, or workplace integration.
Your opinion will be sought by the court, in particular, to authorize:
- the sale of a building or a major family property by the tutor with a value that exceeds $40,000;
- compensation for the tutor;
- a mortgage loan taken out by the tutor for more than $40,000.
Being a member of the tutorship council is a purely personal responsibility. It cannot be transferred to someone else, and it is unpaid. Only the secretary may receive compensation. This is usually set by the meeting of relatives of the minor and persons connected to him by marriage or a civil union, and his friends and confirmed by the court.
Responsibilities of the secretary of the tutorship council
The secretary of the tutorship council may or may not be a member of the council. They are responsible for taking the minutes of the tutorship council meetings and for keeping all associated documents.
At the end of the tutorship, these documents must be given to:
- the minor upon reaching full age or being fully emancipated; or
- their heirs (if they die).
To find out more about the roles and responsibilities of the tutorship council:
Contact the general information service of the Curateur public
Monday, Tuesday, Thursday and Friday: from 8:30 a.m. to 12:00 noon and from 1:00 p.m. to 4:30 p.m.
Wednesday: from 10:30 a.m. to 12:00 noon and from 1:00 p.m. to 4:30 p.m.
General mailing address (Head office and territorial branches)
Curateur public du Québec
500, rue Sherbrooke Ouest, bureau 1832
Montréal (Québec) H3A 0J2
Last update: July 27, 2023