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Access to Information
- Laws
- Person in charge of access
- Request for access to personal information
- Request for access to an administrative document
- Information dissemination
Laws
Confidentiality of personal information and accessibility of documents held by the Curateur public are governed by two laws, the Act respecting access to documents held by public bodies and the protection of personal information (hereafter called the Access Act) and the Public Curator Act.
The Access Act recognizes citizens' rights to access, not only to documents, but also to personal information concerning them and to correct this information if it is inaccurate, incomplete, ambiguous, or if its gathering, transmission or conservation is not authorized by law.
The Access Act applies:
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to personal information concerning the following persons:
- someone under private protective supervision (in other words, they have a tutor or curator or advisor to a person of full age);
- someone who is the subject of an application to institute protective supervision;
- someone who is benefitting from provisional representation of the person or provisional administration of the property assumed by an individual other than the Curateur public;
- someone who is the subject of an application to homologate a mandate in case of incapacity or for whom such a mandate has been homologated;
- to the Curateur public's administrative documents.
The Access Act prescribes recourse for an applicant when they have made their access request in writing. This means that an applicant whose access request has been refused, in whole or in part, or who has not received an answer to their request within the deadline prescribed by the Access Act, may, if they have made the request in writing, address the Commission d'accès à l'information du Québec and ask for review of the Curateur public's decision.
The Public Curator Act governs access to personal information concerning someone being represented by the Curateur public du Québec or whose property it administers. This concerns the following individuals:
- someone who is represented by the Curateur public in the capacity of tutor or curator;
- someone who is provisionally represented by the Curateur public to ensure the protection of their person and the exercise of their rights or to administer their property;
- someone for whom the Court has appointed the Curateur public as administrator of the property.
The Public Curator Act contains no provisions for an applicant’s recourse, whether their access request is written or verbal. However, article 41 of the Civil Code of Québec stipulates that where there is difficulty in exercising the right to consultation or correction of a file, the Court decides.
The person in charge of access
The person in charge of access to documents and the protection of personal information at the Curateur public du Québec carefully answers the access requests he receives, aids applicants in identifying the document they are looking for and ensures the protection of personal information in the course of its gathering, utilization, transmission, conservation and destruction. His contact information:
Ms. Jocelyne Hallé
Responsable de l'accès aux documents
et de la protection des renseignements personnels
Curateur public du Québec
600, boulevard René-Lévesque Ouest
Montréal (Québec) H3B 4W9
Tel.: 514 864-9897
Toll free: 1 800 363-9020
Fax: 514 873-9743
Request for access to personal information
If you wish to make an access request, the Curateur public du Québec provides you with an optional form entitled "Request for Access to Personal Information or an Administrative Document".
A request for access to personal information must be made in writing and sent by mail or fax to the person in charge of access. It is important to remember that all electronic communications containing personal or confidential information must be secure.
Act respecting access to documents held by public bodies and the protection of personal information
Personal information concerning someone who is:
- under private protective supervision (in other words, they have a tutor or curator or advisor to a person of full age);
- the subject of an application to institute protective supervision;
- benefitting from provisional representation of the person or provisional administration of the property assumed by an individual other than the Curateur public;
- the subject of an application to homologate a mandate in case of incapacity or for whom such a mandate has been homologated.
Public Curator Act
Personal information concerning someone who is:
- represented by the Curateur public in the capacity of tutor or curator;
- provisionally represented by the Curateur public to ensure the protection of their person, the exercise of their rights or to administer their property;
- or for whom the Court has appointed the Curateur public as administrator of the property of others.
Personal information is information concerning a physical person that makes it possible to identify that person. The name of a physical person alone does not constitute personal information unless it is mentioned with other information concerning that person, or when its mention in a given context reveals personal information concerning them.
A request for access to personal information held by the Curateur public pursuant to the Access Act may be the subject of a request for review to the Commission d'accès à l'information du Québec.
Document to attach when the personal information in question concerns a living person:
Applicants must attach:
- an identity paper bearing their signature for the purpose of identification, for instance: a copy of their health insurance card or driver's licence or passport or any other official document bearing their signature.
Other documents may be asked of applicants following analysis of their access request.
Documents to attach when the personal information in question concerns a deceased person:
Applicants must attach:
- an identity paper bearing their signature for the purpose of identification, for instance: a copy of their health insurance card or driver's licence or passport or any other official document bearing their signature;
- a copy certified to be true by a commissioner for oaths of the Chambre des notaires du Québec’s final testamentary search certificate;
- a copy certified to be true by a commissioner for oaths of the Barreau du Québec’s final testamentary search certificate;
- a copy certified to be true by a commission for oaths of the last will, if there is one, or the judgment of verification, in the case of a holograph will; or the certificate or act of birth or a declaration of heredity, if there is no will;
- the original of a document signed by the applicant in which they specify the capacity (liquidator of the succession, beneficiary of a life insurance policy or death benefit, heir or successor) in which they are making the access request and how access to documents in the file of the deceased person is related to their interests or rights in this capacity.
Other documents may be asked of applicants following analysis of their access request.
Request for access to an administrative document
If you wish to make an access request, the Curateur public du Québec provides you with an optional form entitled "Request for Access to Personal Information or an Administrative Document".
A request for access to an administrative document may be made in writing or verbally. It should be addressed to the person in charge of access. However, only access requests made in writing are eligible for a request for review to the Commission d'accès à l'information du Québec.
Information dissemination
Documents are available in French only, except for leaflets, guides and forms:
