Civil Code of Quebec and the role of the tutorship council

The table below summarizes the role and responsibilities of the tutorship council in connection with the property of a minor child, under the Civil Code of Québec:

Supervision

Article	Roles and responsibilities	Remarks
236 and 240	Ensure the parent (legal tutor) administering patrimony of over $25,000 or the dative tutor (regardless of the patrimony's value) produces an inventory of the property	Obtain copy of inventory
236	Ensure the tutor provides and maintains security	When value of patrimony exceeds $25,000
236 and 246	Obtain a copy of the annual report	Consult supporting documents and if necessary, obtain copies
222	Supervise the tutor's administration	Income, expenditures, investments, administration of building, etc.
234	Hold an annual meeting	Invite legal representative
247	Obtain a copy of the final report
251 and 297	Apply for replacement of the legal or dative tutor	If the tutor is unable to perform their duties, fails to fulfil their obligations, or dies
Art. 235	Have an ad hoc tutor appointed	To ensure proper representation of the minor if their interest is opposed to that of their tutor

Decisional powers and authorizations

Article	Roles and responsibilities	Remarks
242	Determine the nature and object of the security	Hold funds, mortgage or suretyship
245	Release the security	Notify the Curateur public, giving the reason
213	Authorize sale of property or contracting of a substantial bank loan	When value is $25,000 or less
211	Authorize acceptance of a gift with charge	Gift involves an obligation (e.g. gift of land with obligation to exploit it).
638	Authorize the renouncing of a succession	Where a succession's debts exceed its assets (indebted estate)
219	Determine the amounts required to pay the expenses of the tutorship	Where tutorship to the person and to the property is exercised by two different people and they disagree
167	Authorize simple emancipation of the minor	When tutor wishes to file such a declaration with the Curateur public
212	Authorize the tutor to lodge or pursue an appeal	Among others, where tutor has to negotiate in order to reach agreement with another party.
233	Consent to an act	Particularly when tutor is in conflict of interest with minor (e.g. wants to acquire the minor's property)

Advising the court

Article	Roles and responsibilities	Remarks
183 and 184	Advise about remuneration of the legal or dative tutor	In the case of parents, administering the child's property must be their principal occupation
213	Advise about sale of property or contracting of a substantial bank loan	When the value exceeds $25,000
168	Advise about simple emancipation of the minor	When an application is filed with the court
175	Advise about full emancipation of the minor	At the minor's request

Miscellaneous

Article	Roles and responsibilities	Remarks
228	Take and look after the minutes	Role of the secretary
239	See that the records are preserved	The documents must be given to the minor who has attained full age or their tutor or curator (if at age 18, the child is placed under protective supervision for persons of full age) or their heirs (if the child dies).
229	Replace a member or the secretary of the tutorship council	Select one of the alternates designated in the judgment; if there is none, choose another relative.