what to do death - collections.banq.qc.ca

Sometimes, there just are no words…

This public interest brochure was made possible with the cooperation of the Corporation des thanatologues du Québec. This copy is free.

Space for the use of firms affiliated to the Corporation des thanatologues du Québec

Une réalisation de :

• Ministère des Relations avec les citoyens et Immigration

• Régie des rentes du Québec

Tel.: [email protected]

� � � � � � � � �

deathin the event of

what to do

Inve

stm

ents

Secu

ritie

sFi

nanc

ial

Plan

ning

Priv

ate

Man

agem

ent

Esta

tePl

anni

ngIn

sura

nce

In these difficult times, there is someone you can count on…us!

This service offers:

DESJARDINS SUCCESSION SETTLEMENT

ASSISTANCE

• Telephone assistance provided by lawyers

• An information kit thatincludes documentationand forms required for Estate

• Personalized, flexible and easy access.

To use the service, please contact your Desjardinsadvisors and ask them to tellyou how you can access it for free.

When death occurs, estate liquidation is an important butcomplex process to deal with.Bringing it to conclusion oftenrequires significant time andlegal knowledge. We want to make it easier for you andthis is why we created theDesjardins Succession SettlementAssistance, a service designed to support you in your responsibilities as Liquidator.

S o me t i me s , t he r e j u s t a r e no w o rd s …

The mission of the Corporation

des thanatologues du Québec

is to promote the provision of quality

funeral services by its members,

keep a strategic watch over

emerging practices, and ensure

compliance with its code of ethics

while also representing the interests

of its members to the government.

What to Do in the Event of Death

Publication produced by Communication-Québec in collaboration with the Régie des rentes du Québec

UpdatingSuzanne Rioux

Advertising Sales and Graphic ProductionOxygène communicationPhone: (418) 687-5870650, rue Graham-Bell, bureau 216Québec (Québec) G1N 4H5Internet: www.oxygene.qc.ca E-mail: [email protected]

This document and its French version Que faire lors d’un décès can be downloaded (in the PDF format) on Québec’s national portal www.gouv.qc.ca and on the website of the Régie des rentes du Québec www.rrq.gouv.qc.ca

Note:

Certain programs may change during the year.The information contained in this guide was verified in January 2004.

The information provided herein byCommunication-Québec does not have force of law.

Any reproduction of this guide for commercialpurposes is prohibited unless authorized byCommunication-Québec.

Legal deposit – 2004

Bibliothèque nationale du QuébecNational Library of CanadaISBN-2-550-42145-0© Gouvernement du Québec, 2004All international rights reserved

Cette publication est aussi disponible en françaissous le titre Que faire lors d’un décès. Vous pouvez obtenir un exemplaire gratuitement en téléphonant à Communication-Québec au 1 800 363-1363.

2

Foreword 3

When a death occurs, arrangements mustbe made quickly to settle the affairs of thedeceased. Many steps must be taken andtime is limited in some cases. To make the process easier for those close to thedeceased, Communication-Québec, in colla-boration with the Régie des rentes duQuébec and the Corporation des thanato-logues du Québec, has prepared thisbrochure, What to Do in the Event of Death.It explains the main steps to be taken aftersomeone dies, but it is also useful for thosewho want to familiarize themselves with thesubject in advance, in order to put their personal papers in order and specify theirwishes in the event of their death. This practical publication indicates the govern-ment departments and organizations tocontact, along with their phone numbers,addresses and all other information requiredto carry out the procedures properly.

For clarification of the information in thisguide, contact each of the departments andorganizations concerned. For general information on the programs and servicesprovided by the departments and orga-nizations of the Québec government, justcall Communication-Québec office at 1 800 363-1363.

Lastly, we would like to thank the staff ofthe departments and organizations thatassisted in the updating of this guide.

Foreword

1034 St-Denis Street, Montréal, Québec H2X 3J2Phone : (514) 890-8000 local 35205 - Fax : (514) 412-7393

Toll free : 1-(877) 570-0797

onour the memory of a loved one...

T H E I N M E M O R I A M P RO G R A M

By making a donation to the foundation, you allow the CHUM - consisting ofNotre-Dame, Saint-Luc and Hôtel-Dieu de Montréal hospitals - to acquire themost advanced technology and contribute to the progress of medical research

for continuously improving quality of care to patients.

T H E C H U M I S G R AT E F U L F O R D O N AT I O N S T O I T SF O U N DAT I O N I N M E M O RY O F T H E D E C E A S E D

His a tangible way of expressing sorrowinspired by his loss, but also of expressingone’s sympathy to those who mourn.

To

5

Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Preliminary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Mandate in Case of Incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Wills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Organ Donation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Donating Your Body to an Educational Institution for Medical or Scientific Education . . 10

Prearranged Funerals and Burials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Immediate Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Funeral Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Embalming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Disposal of Ashes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Subjects to Be Discussed with the Funeral Director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Coroner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Attestation of Death and Declaration of Death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Proof of Death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Search for the Will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Successions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Appointing a Liquidator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Role of the Liquidator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Inventory and Distribution of the Deceased’s Property . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Accepting or Renouncing an Inheritance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Payment of Debts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Transfer of Funds from Savings Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Safety Deposit Box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Tax Returns of a Deceased Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Distribution of Property of a Person Who Dies Intestate . . . . . . . . . . . . . . . . . . . . . . . . . 23

Family Patrimony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Table of Contents

Table of Contents


Clause Stipulating that the Surviving Spouse is the Legatee of the Deceased Spouse . . . 23

How to Obtain a Copy of the Marriage Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Compensatory Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Survival of Support Obligation After Death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Public Curator of Québec. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Protective supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Taking over for the deceased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Appointing a tutor for a minor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Provisional administration of unclaimed property. . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Benefits, Pensions and Indemnities . . . . . . . . . . . . . . . . . . . . . . 28Compassionate Care Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Survivor Benefits Granted by the Régie des rentes du Québec . . . . . . . . . . . . . . . . . . . . 28Death benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Surviving spouse’s pension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Orphan’s pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Foreigh Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Other Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Indemnities from the Société de l’assurance automobile du Québec . . . . . . . . . . . . . . . 32

Indemnities from the Commission de la santé et de la sécurité du travail . . . . . . . . . . . . 32Industrial accidents or occupational diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Acts of good citizenship and criminal acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

De Facto Spouses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Spouses in a Civil Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Special Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Cancellation and Modification Formalities . . . . . . . . . . . . . . . . 36Social Insurance Card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Health Insurance Card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Driver’s Licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Hunting or Trapping Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Passport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Federal Old Age Security and Québec Pension Plan pensions . . . . . . . . . . . . . . . . . . . . . 38

Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Shelter Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

QST Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

GST/HST Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

6

Table of Contents

Québec Family Allowances and the Canada Child Tax Benefit . . . . . . . . . . . . . . . . . . . . 39

Foreign Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Personal Cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Transfer Formalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Transfer of Vehicle Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Transfer of Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Transfer of Investment Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Reference Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Moral Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Further Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Seeking Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Services for the Deaf or Hard-of-Hearing Who Have a Teletypewriter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Québec Government National Portal on the Internet. . . . . . . . 45

7

8 What to Do in the Event of Death

Mandate in Case of IncapacityAll persons of legal age who are capable ofexercising their rights may designate inadvance a person to make decisions on theirbehalf with regard to their physical protec-tion or the administration of their propertyin the event that an illness or accidentdeprives them of their faculties. A mandatein case of incapacity also enables them toindicate their wishes regarding the care theyrequire and want at the end of their lives.

They can also designate two mandataries,one for decisions about their physical well-being and the other for decisions abouttheir property.

The mandate can be made through a notarialdeed or by an attorney, or drafted by handand signed by the mandator before two witnesses who are not concerned by themandate and who must countersign it.

A mandate in case of incapacity is not the same as a power of attorney in that thelatter authorizes a person to carry out onlycertain common administrative acts but notto take steps to protect the person. The folder entitled Mandates, available free ofcharge from Communication-Québec, explainsthis type of representation agreement.

Whatever form it takes, a mandate in caseof incapacity is executory only after beinghomologated, i.e. verified by a certifiednotary, or by a clerk or judge of the SuperiorCourt in the judicial district of the manda-tor's domicile or residence.

A few samples of mandates can be found inbookstores, including the one published bythe Québec Public Curator and printed inthe brochure My Mandate in Case ofIncapacity, which is sold for $5.95 at allbookstores that distribute Les Publicationsdu Québec products. It is also available freeon the following Website (www.curateur.gouv.qc.ca).

For any other information on mandates incase of incapacity, visit the above Website ofthe Québec Public Curator or look in theGouvernement du Québec blue pages of thephone book, under the heading "Curateurpublic".

WillsA will is the expression of a person’s lastwishes, which may be changed as manytimes as the person desires.

The Civil Code of Québec recognizes threetypes of wills: a holograph will, which isentirely handwritten by the testator anddoes not require witnesses; a will drawnup before witnesses, which is handwritten,typewritten or produced on a computer, andis then dated and signed before two witnesses; and a notarial will. It should benoted that a marriage or civil union contractmay contain a testamentary clause. Only anotarial will does not need to be probatedby the Court. The brochure entitledApplication for the probate of will, which issold by Les Publications du Québec for$4.95, explains how to proceed to ensurethat a holograph will or a will drawn upbefore witnesses is that of the deceased andthat the legal requirements have been complied with. A free folder published bythe ministère de la Justice and a brochureentitled Wills are available from Communication-Québec and contain general information onthe three types of wills recognized under theCivil Code of Québec.

Preliminary Action

his child is an orphan. His parents died in a tragic car accident. Though his life is off to a rocky start, the road ahead is a little smoother thanks to his parents’ foresight. They consulted a notary

and had a will drafted and registered. — A notary can help you plan your estate by arranging for legal tutorship, liquidation of assets, establishment of trusts, administration and partitioning of property. A notarial will is placed in safekeeping to prevent the risk of tampering and is not

subject to a long and costly court review process. — Notaries cannot predict the future, but they can help prevent many disappointments along the way.

T

JUST life

WITHOUT a NOTARIAL

WILL, HE WOULD

HAVE LOST MORE

than h i s parents.

Everyone should have a notarial will, so consult a notary, especially if you have your children’s best interests at heart.

Chambre des notairesdu Québec


Organ DonationAll persons over 14 years of age may decideto donate their organs for transplantingafter their death. Consent may be expressedorally, in the presence of two witnesses andin the framework of a mandate in case of incapacity, or in writing by signing andaffixing the declaration of consent to organand tissue donation to the back of thehealth insurance card. A sticker designed forthat purpose is included in the folder sentwith the Québec health insurance cardrenewal form. The sticker can also beobtained at any time in CLSCs, hospitals,pharmacies, Québec-Transplant or anyCommunication-Québec office. Note thatthe written consent of the parents isrequired for the donation of the organs of achild under 14 years of age.

The main organs and tissues most oftentransplanted are the heart, kidneys, lungs,liver and pancreas, heart valves, bones, skinand cornea.

Donating Your Body to an EducationalInstitution for Medicalor Scientific EducationThe bodies of all people over the age of 14who leave a document they signed for thedonation of their body after their death can be given to an education institution formedical or scientific education after theirdeath. The body of a minor under the age of14 can be donated with the consent of theparents or tutor. Note that each educationalinstitution has its own rules regarding theage for acceptance of a cadaver.

At the present time, five educational institu-tions in Québec take bodies donated forstudy: Université Laval, McGill University,Université de Sherbrooke, Université du Québecà Trois-Rivières and the Collège de Rosemont.

After they are studied, all bodies are buriedat the cemetery designated by the educa-tional institution, unless donors or familieswish to bury them at another site. In the latter case, the educational institution mustbe notified in writing when it takes the body,and the family covers the expenses for trans-porting and burial of the body.

The physician designated by the Minister ofHealth and Social Services is responsible forthe transport of cadavers donated for medicaleducation or research. The office of thatphysician is at the Agence de développementde réseaux locaux de services de santé et deservices sociaux de la Capitale-Nationale.That organization can provide additionalinformation, as well as an instruction guideand a donor card.

Agence de développement de réseauxlocaux de services de santé et de servicessociaux de la Capitale-Nationale

555, boulevard Wilfrid-Hamel EstQuébec (Québec)G1M 3X7Phone: (418) 525-1500, ext. 485Fax: (418) 529-8520E-mail: [email protected]: www.rrsss03.gouv.qc.ca

Prearranged Funerals and BurialsPeople should inform their friends and family of their wishes with regard to funeralarrangements. This can be done orally or inwriting. Some people clarify this matter intheir will, although that is not the best wayto go about it since it sometimes takes several days before the will is found.

People can also prearrange the details of thefuneral ceremony and burial, and pay forthose services in advance. This is a majorexpense and it is governed by the Actrespecting prearranged funeral services andsepultures. That Act, which is mainlydesigned to protect payments made inadvance by consumers, provides that onlythose who hold a funeral director's permitare entitled to negotiate and sign an agree-ment for prearranged funeral services. Itobliges the companies selling such servicesto deposit the payments in a trust account.The financial institution which receives theseamounts in trust must inform the consumerin writing.

10

Prearranged funeral services and burial services must be the subject of two distinctcontracts. Funeral services include all thegoods and services provided regarding thedeath, with the exception of the burial plotand its maintenance. The plot is a conces-sion, a compartment or any other space in acemetery, a columbarium, a mausoleum oranother location used for the same purpose.It is possible, under certain conditions andsubject to penalties, to cancel either of thecontracts. A copy of the contracts shouldalways be given to the friend or relative whois to be responsible for the funeral.

Lastly, it should be pointed out that an orderin council adopted by the government regu-lates the business practices of those who sellprearranged funeral and burial services andplaces the initiative for seeking the serviceswith the consumer in all circumstances.Therefore, vendors of such services are prohibited from soliciting the consumer,except at the consumer's explicit request.

For more information on the variousaspects of prearranged services underthe legislation in force, call the Office de la protection du consommateur at 1 888 672-2556 or visit its Website(www.opc.gouv.qc.ca).

Apsychologist is a specialist in human behaviour who understands what you

are going through. Do not hesitate to call on the services of a skilled professional who can help you come to terms with your loss.

Contact the Referral Service of the Quebec Order of Psychologists to obtain the name of a psychologist in your area.

In Montreal: (514) 738-1223Elsewhere in Quebec: 1 800 561-1223The Referral Service is also available online atwww.ordrepsy.qc.ca


Funeral ArrangementsAs soon as a death occurs, contact a funeraldirector for burial, cremation or other funeralarrangements. The funeral director will pro-vide all professional services related to thedisposal of the remains and can handle allthe formalities connected with the funeral.

The task of the person who sees to thefuneral is facilitated if the deceased madeknown his or her wishes through a pre-arranged funeral and burial. Note that onlypeople of full age may make their ownfuneral arrangements and dictate themethod in which their body is to be disposed of. People under 18 years of agemay do this but must have the written consent of those responsible for them. If adeceased person did not express his or herwishes, the decision is up to the heirs or successors.

Funeral costs are paid by the succession.Funeral directors usually require a signed,written contract.

EmbalmingEmbalming is required for bodies exposedfor more than 24 hours or whenever there is a delay of more than 18 hours before visitation.

Disposal of AshesNo law indicates the manner in which theashes of the deceased must be disposed of.

They can therefore be disposed of anywhereaccording to the wishes of the deceased orthe succession, provided they are disposedof in keeping with public order.

Subjects to Be Discussedwith the FuneralDirectorThe funeral director is the primary advisorthroughout the initial steps taken after thedeath, particularly in regard to the following:

• Transporting the body (according to thelaw)

• Planning the funeral service• Selecting a casket or urn• Selecting clothing• Death notices in the media• Flowers• Pallbearers• Cemetery plot, columbarium

or mausoleum• Gravestone and inscription• Reception following the funeral, and

caterer• Donations in memoriam (foundations,

societies, etc.)• Certain administrative procedures,

particularly in regard to governmentservices

• Expressions of thanks

Phone: ________________________

12

Immediate Action

Immediate Action

CoronerApproximately 5000 deaths per year inQuébec are the subject of an investigationor a public inquest by the coroner under theAct respecting the determination of thecauses and circumstances of death. This Actrequires that a coroner be notified as soonas the Attestation of Death is issued:

• When the identity of the deceased isunknown

• When the death occurs in violent orunclear circumstances, particularly in thecase of the unexplained death of a childunder two years of age, a suicide or atraffic accident

• When the physician who attests to adeath is unable to establish the probablemedical cause

• When death occurs in any of the following places:

• child daycare centre• detention centre• police station• foster home• penitentiary• adapted work centre• youth centre• closed treatment program

• When the body must be transportedfrom another province or from a foreigncountry to Québec, if the death occurredin obscure or violent circumstances

• When the cadaver of a person who diedin Québec must be transported fromQuébec to another province or foreigncountry

• When the death is caused by an accident

Any person who believes that a death hasoccurred in one of the circumstances listedabove must inform a police officer or theoffice of the coroner. In the case of anydeath that raises questions, contact theoffice of the coroner.

Once the coroner has begun the investiga-tion, the body remains in the coroner's custody for the time it takes to identify thedeceased or to perform an autopsy or otherprocedure.

Subsequently, the coroner releases the bodyto the funeral home selected by the family.

Once the investigation is completed, thecoroner submits a report and any other relevant document required (an autopsyreport, an expert report and so on) to theChief Coroner. This report is public, and truecopies may be obtained by any member ofthe public or any organization on paymentof the fees prescribed by regulation.

Other documents may be consulted orhanded over to the family on certain conditions.

The Chief Coroner may order a publicinquest if there is a particular problem inregard to the type of death, a death occur-ring in a snowmobile accident for example,or when witnesses of the incident do notwant to cooperate with the investigatingcoroner. The witnesses are then compelledto testify before that coroner.

Since January 1, 1994, the coroner has hadto hand over to the funeral director a formentitled Authorization to Dispose of theBody and Proof of Death. This documentenables families to obtain the informationthey need to proceed quickly to the matterof the succession. Additional information onthe coroner's role may be obtained by e-mail([email protected]), on theInternet (www.coroner.gouv.qc.ca) or bycontacting:

Bureau du coronerQuébec City office Édifice Le Delta 2, bureau 3902875, boulevard LaurierSainte-Foy (Québec) G1V 5B1Phone: (418) 643-1845Fax: (418) 643-6174

Montréal office1701, rue Parthenais, 11e étageMontréal (Québec) H2K 3S7Phone: (514) 873-3284Fax: (514) 873-8943

Québec City morgue1665, boul. HamelÉdifice 2, rez-de-chausséeQuébec (Québec) G1N 3Y7Phone: (418) 643-3982Fax: (418) 643-8510

13


Montréal morgue1701, rue ParthenaisMontréal (Québec) H2K 3S7Phone: (514) 873-3284Fax: (514) 873-8943

Attestation of Death andDeclaration of DeathIt is the responsibility of the deceased’s family to declare the death to the Registrarof Civil Status. The three steps in declaringthe death are as follows:

1. The physician who establishes that adeath has occurred completes two copiesof the document entitled Attestation ofDeath. If it is impossible to reach a physi-cian within a reasonable time and if deathis obvious, two peace officers may fill outthe Attestation of Death.

The two copies of the Attestation of Deathare given to the funeral director who takescharge of the body. The funeral director isgenerally responsible for giving a copy of theAttestation of Death to a person who wasclose to the deceased.

This person may be the spouse, anotherclose relative or a person related by marriage, or failing them, a person able toidentify the body. The deceased's spousemay be the person to whom the deceasedwas married, or with whom the deceasedwas in a civil union or de facto union. Aclose relative may be the father, mother, son,daughter, brother or sister of the deceased.A person related by marriage may be thefather-in-law, mother-in-law, son-in-law,daughter-in-law, brother-in-law or sister-in-law. A person able to identify the body maybe the spouse, a friend, a neighbor or amember of the hospital staff.

2. The person authorized to receive theAttestation of Death (spouse, relative orperson related by marriage) and thefuneral director must complete and sign aDeclaration of Death in the presence of awitness, who also signs. Be sure to readthe declaration carefully and clearly provide the information requested. Theoriginal will be entered in the register ofcivil status. When it is, a civil status officermay contact you.

Any person of full age other than the declarants may act as a witness. A witnessmay therefore be an employee of the funeraldirector present when the Declaration ofDeath is completed and signed. The witnessmay also be a member of the family, a friendor any other person able to attest that theinformation given in the Declaration ofDeath is correct.

A Declaration of Death form may beobtained from the funeral director.

3. The funeral director must then immediatelyforward the Declaration of Death, theoriginal of the Attestation of Death andthe deceased’s health insurance card tothe Registrar of Civil Status. The declarantkeeps the green copy of the declarationand the attestation.

The declarant can subsequently apply to theRegistrar of Civil Status for the DeathCertificate or a Copy of Act of Death as soonas the death is recorded in the QuébecRegister of Civil Status. However, the declarant can immediately request theDeath Certificates required to settle the succession, by filling out, at the funeralhome, the Request for Certificate and Copyof Act form and giving it to the funeraldirector. The funeral director can staple it tothe Declaration of Death, which will makethe formalities simpler and reduce the timerequired for the forwarding of the documents.

VERY IMPORTANTProof of death is established by the Actof Death (articles 102 and 103 of theCivil Code of Québec). Only the docu-ments issued by the Registrar of CivilStatus are legally recognized.

The Registrar of Civil Status draws up theAct of Death on the basis of both theAttestation of Death and the Declaration ofDeath in order to be sure of the identity ofthe deceased person. If one of the docu-ments is incomplete, if the informationgiven is inconsistent or incomprehensible,the Registrar must, before drawing up theact, conduct an inquiry by communicatingwith the declarants or the persons whoattested the death.

Once the Act of Death is drawn up, it isentered in the Register of Civil Status undera single registration number.

14

It is necessary to fill out the Declaration of death

form as soon as possible in order for the death to be

recorded in the register of civil status of Québec.

For more details, do not hesitate to contact us.

In Québec CityTéléphone : (418) 643-3900In MontréalTéléphone : (514) 864-3900Other regions of QuébecTéléphone : 1 800 567-3900 (toll free)

www.etatcivil.gouv.qc.ca

Relationsavec les citoyenset Immigration

Declaration of death: important, even essential!

L’ÉTAT CIVIL and death


Proof of DeathAs mentioned above, during the successionsettlement process, many organizations askfor proof of death. There are two forms ofproof: a Death Certificate and a Copy of Actof Death. It is therefore necessary to ask theorganization which document is required.Some organizations may also ask for a BirthCertificate or, as the case may be, aMarriage Certificate or a Certificate of CivilUnion of the deceased person. If the liquidator of the succession has none ofthose documents, he or she can apply forthem from the Registrar of Civil Status.

The Registrar of Civil Status may issue:

• A Death Certificate, which contains themain information in the Act of Death. A Death Certificate mainly gives thename and sex of the deceased, the date,time (only for deaths after 1994) andplace of death, the registration numberand the date of issue

• A Copy of Act of Death, which reproducesall the civil status information containedin the act of birth, marriage or civilunion (if any) and death of the sameperson

It is best to choose a Copy of Act of Death,which contains mention of all the actsregarding the deceased person. It costs only$20 instead of the $45 charged for the threecertificates ($15 each).

Applications are processed within 12 businessdays, not including mailing time, at a cost of$15 for a certificate and $20 for a copy ofan act. The time may be longer if an investi-gation must be conducted before drawingup the act.

In some special cases, when the Registrar ofCivil Status has received the original of theAttestation of Death and the Declaration ofDeath, applications may be processed morequickly—in three business days excludingdelivery time—at a cost of $35 per docu-ment, and may be picked up at the counter(in Québec City or Montréal) or delivered bycourier. Photocopies of appropriate supportingdocuments must be provided with the application.

VERY IMPORTANTAny person requesting a certificate or acopy of an act must complete theRequest for Certificate and Copy of Actform and provide identification bymeans of photocopies of two docu-ments containing at least his or her photograph and the address of his orher residence or place of work, forexample, a health insurance card, a driver’s licence, a public utility bill (electricity, telephone, cable TV) or aCanadian passport.

Certificates and copies of acts are issuedonly to the people mentioned in them orpeople who can justify their interest in thedocuments to the Registrar of Civil Status,such as the deceased’s spouse, a relative acting as the liquidator of the succession, anattorney or a notary.

NOTEIf the deceased was married or in a civilunion, the certificates and copies of actsconcerning him or her mention that themarriage was “dissolved by death”. Thatmakes it impossible to steal the deceased’sidentity or civil status. For the same reason,the deceased’s Birth Certificate bears themention “deceased”.

To apply for these civil status documents, aperson must fill out a Request for Certificateand Copy of Act form and mail or fax it to,or submit it in person at, the office of theRegistrar of Civil Status in Québec City orMontréal. To avoid any delay in issuing thedocuments, be sure to include a photocopyof the pieces of identification required.

The request form (for an act of birth, marriage, civil union or death) is available at the counters of the Registrar of CivilStatus in Québec City and Montréal and onthe Registrar of Civil Status Website(www.etatcivil.gouv.qc.ca)*. It is also distributed at Communication-Québecoffices, CLSCs, courthouses, funeral homes(for their clientele only) and caisses populaires.

*The form can be filled out on screen andthen printed.

16

Legal Insurance

*Contact your broker or insurer to discuss the coverage that meets your needs.

Don’t let unforeseen circumstancescatch you off guard. Make sure yourrights are protected by having access

to a range of high-qualitylegal services.

1-866-954-3529www.legalinsurancebarreau.com

Starting at

a month*

$4


In Québec CityRegistrar of Civil Status205, rue MontmagnyQuébec (Québec) G1N 4T2Phone: (418) 643-3900Fax: (418) 646-3255

In MontréalRegistrar of Civil Status2050, rue De Bleury, 6e étageMontréal (Québec) H3A 2J5(Place-des-Arts Métro station)Phone: (514) 864-3900

or 1 800 567-3900 (outsideMontréal only)

Fax: (514) 864-4563

Elsewhere in QuébecPhone: 1 800 567-3900 (toll free)E-mail: [email protected]

Website: www.etatcivil.gouv.qc.ca

Search for the WillOne of the most important steps to take if adeath occurs is, without question, the searchfor the will. This means looking through thedeceased’s personal belongings, finding outwhether there is a safety deposit box andeven contacting individuals or organizationslikely to have the will in their possession. Asearch should also be done at the Registresdes dispositions testamentaires et des mandats du Québec. All these searches arenecessary to make certain that either there isno will or the will found was indeed the lastone made. Only the most recent will haslegal force.

Since September 1, 2003, any request for awill search must be made to the Registresdes dispositions testamentaires et des mandats du Québec, whether the will wasfiled with an attorney or with a notary. A single request will enable you to obtain twosearch certificates, one from the Chambredes notaires identifying the last notarial willand one from the Barreau du Québec identifying the last will filed with an attorney.

The Demande de recherche testamentaire(in French only) is available on the Websiteof the Chambre des notaires du Québec(http://www.cdnq.org/index_formulaires.htm).It can also be obtained by phoning or e-mailing the Chambre des notaires duQuébec:

Chambre des notaires du QuébecRegistres des dispositions testamentaires et des mandats

Tour de la Bourse800, Place-Victoria, niveau PromenadeMontréal (Québec) H4Z 1L9Montréal area: (514) 879-2906Elsewhere in Québec: 1 800 340-4496E-mail: [email protected]: www.cdnq.org

The form, duly filled out and signed, mustbe accompanied by the original or a photo-copy of the Copy of Act of Death issued bythe Registrar of Civil Status. The original ofthat document will be returned. The proofof death issued by the funeral home, hospital or any organization other than theRegistrar of Civil Status is not accepted. TheDeclaration of Death and Attestation ofDeath issued by the Registrar of Civil Statusare not accepted as proof of death either.

A fee of $46.02 is charged for a will search.It is payable by postal money order or creditcard. Note that personal cheques are notaccepted.

18

Successions 19

Appointing a LiquidatorWhether the succession is “legal” (there isno will) or testamentary, a liquidator, formerlyknown as a “testamentary executor”, mustbe appointed to settle the succession.

The person who makes a will is usually the one who appoints the liquidator. Thatindividual acts as liquidator whether he or she is called a testamentary executor,administrator of a succession or somethingelse. However, for wills with no appointedliquidator or in the case of legal successions(no will), the heirs collectively play this role.They may either divide the tasks amongthemselves or agree to appoint as liquidatorone or more persons from among them or aperson who will not inherit from thedeceased.

If the heirs do not agree on a liquidator, theCourt will appoint one. The liquidator’sname must be registered in the Register ofPersonal and Movable Real Rights (RPMRR)by completing a general requisition for registration, and in the Land Registry, if necessary. Call RPMRR staff:

Québec City area: (418) 646-4949Montréal area: (514) 864-4949Elsewhere in Québec: 1 800 465-4949E-mail: [email protected]: www.rdprm.gouv.qc.ca

Once a liquidator is appointed, he or she isresponsible for settling the succession assoon as possible. There is no specific timelimit for settling successions, but if a liquida-tor needs more than a year to do so, he orshe must report on the settlement to theheirs at the end of the first year.

If the liquidator is not an heir, he or she isentitled to remuneration. If the deceased didnot provide for this in his or her will, theheirs determine the remuneration.

You should know the following about liquidators:

• They are not obliged to accept this taskexcept in cases when they are the only heirs.

• Even if they accept this responsibility,they may resign at any time, but only if they have serious reasons, the time isinopportune or the responsibility prevents them from fulfilling their duties.

• If they resign, they must notify the heirsin writing.

• If they resign, they are liable for anydamage suffered by the heirs.

Role of the LiquidatorThe liquidator must, in particular, search forthe will, have it probated if necessary, drawup an inventory of the deceased’s property,pay the deceased's debts, recover what wasowed the deceased, and file the deceased’sprovincial and federal income tax returns.The liquidator must also:

• Publish a notice of closure of the inventory in the Register of Personal and Movable Real Rights (at a cost of$42, not taxable) and in a newspaperdistributed in the locality of thedeceased’s last known address

• And a notice of closure of the liquida-tor’s account in the Register of Personaland Movable Real Rights (at a cost of$42, not taxable).

The liquidator must then distribute the property to the heirs.

NOTESuccessorsSuccessors are people who, under the CivilCode of Québec, are entitled to an inheritance.

HeirsHeirs are successors who have acceptedan inheritance to which they are entitled.

Successions


Inventory andDistribution of theDeceased’s PropertyMaking an inventory of the succession’sproperty is one of the liquidator’s duties. Theliquidator cannot dispense with that stepunless all heirs and successors agree.However, it is not in their interest to skip itbecause the inventory will tell them whetherthe deceased’s debts exceed his or her totalassets.

The heirs are liable for the deceased’s debtsup to the value of the property they inherit.However, if the successors dispense withhaving the liquidator make an inventory,they become liable for all the debts of thesuccession, even if those debts exceed thevalue of the property they inherit, in whichcase, they must pay the debts out of theirpersonal property.

NOTEThe Public Curator’s Website (www.curateur.gouv.qc.ca) informs the publicabout unclaimed financial assets (thecontents of safety deposit boxes, stocksand bonds, trust accounts with a brokeror notary, and so on) that are entrustedto the Public Curator for provisionaladministration. As a general rule, theWebsite indicates the names of the people for whom sums of money areheld. When a person dies, it is appropriatefor the liquidator of the succession tocheck whether the deceased ownedsuch assets. If so, the liquidator can claimthem from the Public Curator. When theamount claimed is less than $500, theclaim deadline is 10 years. There is nodeadline for claims valued at more $500.

Before distributing the property, the liqui-dator must complete the ministère duRevenu du Québec form entitled Notice ofDistribution of the Property of an Estate(MR-14.AV) in order to obtain the certificateauthorizing him or her to see to the distribu-tion. However, funeral or related expensesand urgent or critical expenses of up to $12 000 may be paid before the applicationfor authorization to distribute the property issent to the ministère du Revenu du Québec.

The MR-14.AV form is available at theoffices of the ministère du Revenu duQuébec. To find the phone number, lookin the Gouvernement du Québec bluepages of the phone book, under theheading “Taxes-impôts”, or obtain itfrom the ministère du Revenu's Website(www.revenu.gouv.qc.ca).

Phone: ________________________Teletypewriter: see page 44

The marriage or civil union contract, will,bank books or statements, property deedsfor movables and immovables, and insurancepolicies are examples of documents thatmay be useful in completing this form.

Furthermore, you must ask the CanadaRevenue Agency for the federal form (TX19)to be filled out to obtain a discharge certificate,the purpose of which is to free the liquida-tor of all personal liability for unpaid incometaxes, interest and fines at the federal level.The request must be made before propertyis distributed.

To obtain the form or additional infor-mation about tax matters, contact theCanada Revenue Agency. To find thephone number, look in the Governmentof Canada blue pages of the phonebook, under the heading “Taxes”. Youcan also obtain the form on the agency'sWebsite (www.ccra-adrc.gc.ca).


20

When you establish a Memorial Fund inhonor of someone who has passed away,you’ll ensure their name and values live on for years to come.

You’ll keep their legacy alive through a cause that was close to their heart.

Setting up a Memorial Fund is easy andbrings considerable tax benefits to the estate.

Contact us in complete confidence. We’rehere to listen, provide the information youneed, and help you forever commemoratethe name and generosity of someone whowas dear to you.

Remembrance…Would you like to honor the memory of a loved one?

Create a Memorial Fund in their name...

Greater MontréalT: 514-866-0808 infos@fondationdugrandmontreal.orgwww.fondationdugrandmontreal.org

Greater Québec CityT: 418-521-6664 [email protected]

Gaspésie-Les IlesT: [email protected]

St-MauriceT: [email protected]

Eastern TownshipsT: 819-569-9281

Community Foundations of Québec


Accepting or Renouncing an InheritanceSuccessors may accept or renounce a succession. They generally have a six-monthtime limit after the opening of the succes-sion to make their decision. Before making adecision, successors should wait until thenotice of closure of the inventory is published by the liquidator. That publicationsometimes enables the succession to discover assets or creditors. The notice mustbe published in a newspaper distributed inthe locality where the deceased lived and inthe Register of Personal and Real MovableRights. The six-month deadline for acceptingor renouncing a succession may also beextended by the number of days necessaryto give the successors 60 days to arrive attheir decision after the inventory is closed.

In general, a succession is renounced if it hasmore debts than assets. If the successorsdecide to renounce the succession, theymust do so through a notarial act or a judi-cial declaration before the court.

If a successor does not renounce a succes-sion by that deadline, he or she is deemed tohave accepted it.

The heirs—meaning the successors whoaccept the succession—must pay thedeceased’s debts up to the value of theproperty they receive. Once the succession isaccepted, it is no longer possible torenounce.

The Public Curator administers unclaimedsuccessions.

Payment of DebtsOnce the inventory has been completed andthe inventory notice has been published, aprudent liquidator will wait a few daysbefore carrying out his or her duties, in orderto ensure that there is no overlooked property or unknown debts that maychange the inventory. He or she then paysthe succession’s debts. It is recommendedthat you obtain the ministère de la Justicepublication entitled Successions, which isavailable at Communication-Québec.

Transfer of Funds from Savings AccountsThe liquidator must inform the financialinstitutions with which the deceased haddealings that the death has occurred.

The money in the account of the deceasedmay not be withdrawn until the liquidatorproduces the documents required by thefinancial institution in question. These maybe the will, a marriage contract, proof ofdeath, etc. This rule also applies if thedeceased had a joint account, with hisspouse for example.

The liquidator must, without delay, take thenecessary steps for the transfer of the fundsof the deceased into an account opened inthe name of the succession. This newaccount will be used for the deposit of sumsreceived by the succession and to pay anybills.

Safety Deposit BoxTo gain access to a deceased person’s safetydeposit box, the following proof must bepresented:

• The deceased’s Birth Certificate

• Proof of death (Certificate of Death,Copy of Act of Death, or a photocopy of the Declaration of Death)

• Proof that one has been designated liquidator or the person authorized toopen the safety deposit box

It is preferable to inquire which documentsare required by the financial institutionbefore stopping by.

22

Successions

Tax Returns of aDeceased PersonIf the death occurs in the first ten months ofthe year, federal and provincial income taxreturns must be filed no later than April 30of the following year. If the death occurs inNovember or December, the returns must befiled within six months of the death. If theperson died in the first four months of theyear, the deceased's tax returns for the yearpreceding the death must be filed in the sixmonths following the date of death.

Consult the ministère du Revenu du Québecand the Canada Revenue Agency about filing these returns. Their contact informa-tion is given in the Gouvernement duQuébec blue pages of the phone book,under the heading “Taxes-impôts”, and inthe Government of Canada blue pages ofthe phone book, under the heading“Taxes”. It is also possible to obtain detailson the Websites of these departments(www.revenu.gouv.qc.ca and www.ccra-adrc.gc.ca, respectively).

Distribution of Property of a PersonWho Dies IntestateWhen people die without having made awill, the law decides for them to whom theirproperty will go once their debts have beenpaid. Their property will be divided amongtheir legal heirs, who are their spouse (theperson to whom they were married, withwhom they had a civil union or from whomthey were separated but not divorced) andtheir close relatives related by blood or byadoption.

First, half of the net value of the family patrimony goes to the surviving spouse, aswell as any amounts to which the spouse isentitled under the matrimonial regime. Therest of the succession is divided according tospecific rules, which are explained in thebrochure entitled Successions, availablefrom Communication-Québec.

The law does not consider de facto spousesand in-laws (brothers-in-law, sisters-in-law,sons-in-law, daughters-in-law) legal heirs.They cannot inherit from a person unlessthat is indicated in the will.

Family PatrimonyThe law governing family patrimony takesprecedence over wills and testamentary provisions in marriage contracts and civilunion contracts, but does not void them. It entitles a surviving spouse to half the partitionable value of the family assets. Thathalf must therefore be deducted from whatis due any other heirs. The other half is distributed according to the will, by testamentary clauses or by the provisions ofthe Civil Code of Québec if the person diesintestate.

Clause Stipulating that the SurvivingSpouse is the Legatee of the Deceased SpouseThe marriage contract or civil union contractmay contain a testamentary provision wherebythe surviving spouse receives all the propertyof the spouse who dies first. This provisionhas the same value as a notarial will. Whenit is included in the contract, it is the survivingspouse who inherits all the property.

How to Obtain a Copyof the Marriage ContractContact the notary before whom the marriage contract was signed. If the notaryis no longer practising, simply contact theChambre des notaires du Québec, which willguide you in your search. If you do not havethe name of the notary before whom themarriage contract was signed (after July 1,1970), you can contact the Register ofPersonal and Movable Real Rights, butbefore you do, make sure you know thegiven name and family name of one of thespouses, as well the date of birth.

If you would like to consult the Register ofPersonal and Movable Real Rights over thephone, call one of the following numbers:

Québec City area: (418) 646-4949Montréal area: (514) 864-4949Elsewhere in Québec: 1 800 465-4949

The cost of a consultation is $11 (not taxable).

23


You can also consult the Register on itsWebsite (www.rdprm.gouv.qc.ca). Thecost of that consultation is $8 (not taxable).

CompensatoryAllowancesCompensatory allowances enable the surviving spouse to obtain compensation forhaving contributed, through property orservices, to the enrichment of the patrimonyof his or her spouse. Compensation is granted only to legally married couples andcouples in a civil union. It may be granted atthe time of the spouse’s death.

To exercise that right, the surviving spousemust submit a specific, written request tothe heirs within one year of the death. Alldisputes must be addressed to the Court.

Survival of SupportObligation After DeathFollowing the death of a person who waspaying support, the creditor (a formerspouse from a marriage or civil union, children, etc.) may obtain funds from thesuccession, subject to certain conditions andprovided application is made within sixmonths following the death.

The creditor may receive the lesser of thefollowing amounts: twelve months of support (in the case of a former spouse froma marriage or a civil union), six months ofsupport (in the case of other support credi-tors) or 10% of the value of the succession.

Any support creditor, including thedeceased's former spouse from a marriageor a civil union who was not receiving support payments but was entitled to suchsupport, may also submit a request to thesuccession.

Given that every situation is unique, theservices of a legal advisor are recommended.

Public Curator of Québec Protective supervisionThe Civil Code of Québec provides for thedesignation by the Court of persons to beresponsible for protecting others who areunable to take care of themselves or manage their property. The type of protec-tive supervision depends on the extent andanticipated duration of the person's inabilityto take care of himself or herself.

A person of full age who is unable to takecare of himself or herself will be attributedan advisor to help in certain administrativeacts or in administering his or her property(in making investments, for example). The advisor cannot, however, act in the person'splace. Tutorship is for people who are partially or temporarily unable to take careof themselves. Curatorship is for peoplewho are completely and permanently incapable of taking care of themselves. In allcases, a person of full age must need to berepresented or assisted.

Where possible, family members, relatives orfriends are encouraged to assume the dutiesof advisor to a person of full age, of tutorand of curator. The Public Curator ofQuébec is appointed by the Court to represent people who are unable to takecare of themselves and are alone or whosefamily and friends cannot or do not want tosee to their needs. In addition, the PublicCurator assists private tutors and curators intheir duties and supervises their administration.

Taking over for the deceased Perhaps the deceased took care of a spouseor a relative losing his or her autonomy. Iffamily or friends cannot take over for thedeceased, steps must be taken to ask theCourt to institute protective supervision forthe survivor. A notary or attorney can guideyou. If the deceased was already a mandatary(see the chapter on the mandate in case ofincapacity, page 8), a tutor or a curator of aperson unable to take care of himself or herself, and no provision was made for aperson to replace the deceased, the liquida-tor of the succession must notify the PublicCurator of the death and see that thedeceased is replaced. In the meantime, theliquidator must defend the interests of theperson under protective supervision.

24

Association des Détaillants deMonuments du Québec inc.

Amos

Monuments Amos inc.4471, route 111 EstAmos, Qc. J9T 3A1tel. (819) 732-2283

Cap-de-la-Madeleine

Monuments Jean Boucher inc.275, rue DessureaultCap-de-la-Madeleine, Qc. G8T 2L8tel. (819) 379-3366

Saguenay

Granit Moreau ltée.595, rue BrassardChicoutimi, Qc. G7J 1J9tel. (418) 543-1747

Granby

Granby Granite inc.449, rue DufferinGranby, Qc. J2G 4Y3tel. 1-800-263-7729

Lac Drolet

Les Pierres du Souvenir inc.608, rue PrincipaleLac Drolet, Qc. G0Y 1C0tel. (819) 549-2637

Laval

Granit Lacroix inc.1735, boul. des LaurentidesLaval, Qc. H7M 2P5tel. (450) 669-7467

Montréal

Monuments Sebastiano Aiello inc.6811, rue Sherbrooke EstMontréal, Qc. H1N 1C7tel. (514) 259-6917

Québec Granit inc.1856, rue DarlingMontréal, Qc. H1W 2W6tel. (514) 523-2135

Rimouski

Monument B.M. inc.264, boul. Ste-AnnePointe-au-Père, Qc. G5M 1J8tel. (418) 723-3033

Monuments B.S.L.446, route 132Ville Cloridorme, Qc. G0E 1G0tel. (418)395-2523

Shawinigan

Monuments Trudel & Fils inc.6082, boul. des HêtresShawinigan, Qc. G9N 4W6tel. (819) 539-5050

Ste-Anne-de-Beaupré

F.-Eugène Caron enr.5, avenue Ste-AnneSte-Anne-de-Beaupré, Qc. G0A 3C0tel. (418) 827-3668

St-Hyacinthe

Monuments Roger Fontaine inc.1535, rue Girouard EstSte-Hyacinthe, Qc. J2S 7P9tel. (450) 774-4137

Only ADMQ members can provide the qual i ty, serv ice and

profess ional advice you need when purchas ing a memoria l .

Our representa t ives are avai lable in a lmost every region in

the province of Quebec.

C.P. 340, Lac-Drolet, Qc G0Y 1C0

E-mail: [email protected] Tel.: 819-549-2566


Appointing a tutor for a minorParents are the legal tutors of their minorchild. They may designate a tutor for thechild in their wills or through a written declaration to the Public Curator in theevent that they both die before the childcomes of full age. If both parents die, thetutor will be the person designated by theparent who died last. If the parents did notdesignate a tutor, the Court will designateone.

As for a person of full age, the tutor for aminor protects the child, administers thechild's property and exercises and defendsthe child's civil rights.

Provisional administration of unclaimed propertyWhen a person dies without any knownheirs, no heirs can be found or the heirsrenounce the succession, the succession isentrusted to the Public Curator, whobecomes its provisional administrator.

The Public Curator then has a notice of thatfact published in a newspaper with a view tofinding the heirs or the creditors of the succession. While waiting for them toappear, the Public Curator makes an inventory of the property, sells it at its market value and pays any creditors according to their rank. If there is moneyremaining, the Public Curator contacts inwriting the heirs who renounced the succession, since they have 10 years afterthe date of death to change their minds andclaim their inheritance. Once that period isover, the amount remaining is remitted tothe Minister of Finance.

The list of unclaimed successions may beconsulted on the Public Curator's Website(www.curateur.gouv.qc.ca).

26

For additional information from the Public Curator:

Successions

Head Office600, boulevard René-Lévesque Ouest, 10e étageMontréal (Québec) H3B 4W9Montréal area: (514) 873-4074Elsewhere in Québec: 1 800 363-9020

Montréal office454, Place Jacques-Cartier, bureau 200Montréal (Québec) H2Y 3B3(Champs-de-Mars Métro station)Montréal area: (514) 873-30021 866 292-6288

Québec City office520, boulevard Charest Est, 2e étageQuébec (Québec) G1K 3J3Québec City area: (418) 643-41081 800 463-4652

Rimouski office92, 2e Rue Ouest, bureau 102Rimouski (Québec) G5L 8B3Rimouski area: (418) 727-40301 866 621-7088

Chicoutimi office227, rue Racine Est, bureau 1.08Chicoutimi (Québec) G7H 7B4Chicoutimi area: (418) 698-36081 866 226-0985

Trois-Rivières office25, rue des Forges, bureau 410Trois-Rivières (Québec) G9A 6A7Trois-Rivières area: (819) 371-60091 877 221-7043

Sherbrooke office200, rue Belvédère Nord, RC 03Sherbrooke (Québec) J1H 4A9Sherbrooke area: (819) 820-33391 877 663-8174

Saint-Jérôme office222, rue Saint-Georges, bureau 315Saint-Jérôme (Québec) J7Z 4Z9Saint-Jérôme area: (450) 569-32401 877 221-7043

Longueuil office201, Place Charles-Lemoyne, RC 02Longueuil (Québec) J4K 2T5Longueuil area: (450) 928-88001 877 663-8174

Hull office4, rue Taschereau, 3e étage, bureau 320Hull (Québec) J8Y 2V5Hull area: (819) 772-36941 866 552-5164

Victoriaville office108, rue OlivierVictoriaville (Québec) G6P 6V6Victoriaville area: (819) 752-79071 877 663-8174

Rouyn-Noranda office255, avenue Principale, RC 06Rouyn-Noranda (Québec) J9X 7G9Rouyn-Noranda area: (819) 763-31161 877 621-7087

27


Compassionate Care benefitsSince January 4, 2004, compassionate carebenefits may be paid to people eligible for employment insurance who must betemporarily absent from work in order totake care of a gravely ill family member witha significant risk of death. A maximum of sixweeks of benefits is available and can beshared among several members of a family.A medical certificate is required. To receivethe benefits, an application must be submitted to the Department of HumanResources and Skills Development (formerlyHuman Resources Development Canada).

A number of conditions must be met inorder to receive compassionate care benefits.For more information, consult the Websitewww.drhc.gc.ca or call 1 800 206-7218.You can also call the Department of HumanResources and Skills Development. Thephone number is in the Government ofCanada blue pages of the phone book,under the heading “Employment insurance”.

Survivor BenefitsGranted by the Régiedes rentes du QuébecThe Québec Pension Plan is a public, manda-tory insurance plan. It provides basic finan-cial coverage for workers and their familiesupon retirement, death or disability. It isfunded by the contributions of workers andemployers. The contributions are managedby the Caisse de dépôt et placement duQuébec. The plan is administered by theRégie des rentes du Québec.

Those who have worked in Québec continu-ously or occasionally since January 1, 1966have probably contributed to the QuébecPension Plan. Upon their death, if they havecontributed sufficiently, the plan providesfinancial assistance for their family. Theassistance can take three forms:

• A death benefit

• A surviving spouse’s pension

• An orphan’s pension

Who is eligible?

The death of a worker gives entitlement tosurvivor’s benefits if the worker contributedsufficiently to the Québec Pension Plan,i.e.:

• For at least one-third of the period duringwhich the worker had to contribute, and

• For at least three years

If the deceased contributed to the plan for10 years, his or her family members are eli-gible for survivor’s benefits. They must meetthe conditions provided for each benefit.

The “contributory period” begins with theyear in which the worker turned 18 years ofage or on January 1, 1966 if the workerturned 18 before that date. It ends uponretirement or death, and no later than 70years of age.

ExamplePeter died at 28 years of age. His “contribu-tory period” was 11 years* since it beganwhen he turned 18 and ended with hisdeath. He worked for 11 years. Did Petercontribute sufficiently to the plan to entitlehis family to survivor’s benefits? Yes, since hecontributed for one-third of his contributoryperiod and at least three years (11 years x1/3 = 3 years 6 months).

* 11 years including the year of his death.

28

Benefits, Pensions and Indemnities


Important note:All workers 18 years of age or olderwhose employment income exceeds$3500 must contribute to the QuébecPension Plan.

How does one receive survivor’s benefits?

To receive survivor’s benefits, be it the deathbenefit, the surviving spouse’s pension orthe orphan’s pension, you must apply inwriting. You can obtain the applicationforms on the Website of the Régie desrentes du Québec (www.rrq.gouv.qc.ca),or at one of its clientele service centres,Communication-Québec, a funeral home orthe office of your provincial MNA.

Death benefitThe death benefit consists in a lump-sumpayment of $2500. You have five years afterthe date of death to apply for it. The bene-fit is paid, as a priority, to the person orbenevolent society that paid the funeralexpenses. The application must be submit-ted to the Régie des rentes du Québec withproof of payment. After 60 days, the benefit can be paid to the heirs. The deathbenefit is taxable and it must be declared asincome of the succession, regardless of towhom the cheque was issued.

Important note:Even if a person has contributed to theQuébec Pension Plan, his or her familywill not necessarily be entitled to thedeath benefit. The deceased must havecontributed sufficiently to the plan (seepage 28). Do not hesitate to go aheadand submit an application for the deathbenefit.

Surviving spouse’s pension The surviving spouse’s pension is designedto ensure a basic income for the survivor ofthe deceased. It is taxable. The pension ispaid as of the month following that duringwhich the contributing worker died. There isno time limit for applying for the survivingspouse’s pension, but retroactivity is limitedto 12 months. If the deceased was marriedor in a civil union, the pension is paid to thedeceased’s spouse. If the deceased was notmarried or in a civil union, or was marriedbut legally separated, the pension is paid tothe person recognized as the deceased defacto spouse.

A de facto spouse may be recognized asthe surviving spouse if he or she livedwith the deceased for at least threeyears preceding the death. If a child wasborn or will be born of their union, or ifthey adopted a child or if one of thespouses adopted the child of the otherspouse, only one year of cohabitation isrequired. For deaths occurring on orafter April 4, 1985, same-sex de factospouses can also apply for survivor’s benefits.

If a person cannot be recognized as a defacto spouse, the surviving spouse’s pensionmay be paid, under certain conditions, tothe legally separated spouse, if the separationoccurred before January 1, 1994.

Orphan’s pensionThe person who is responsible for the minorchild of the deceased receives an orphan’spension until the child turns 18 years of age.The pension is taxable and it must be reportedas the child’s income. The “child of thedeceased” is:

• A child related to that person by bloodor by adoption

• A stepson or stepdaughter who livedwith the deceased

• A child who had lived with the deceasedfor at least six months at the time ofdeath

• A child whom the deceased supported

Can one receive two pensions at thesame time?

A person may be entitled at the same timeto a surviving spouse’s pension and a retire-ment pension, or to a surviving spouse’spension and a disability pension. In bothcases, the Régie pays the two pensions in amonthly lump sum. The pensions are said tobe “combined”. Note that the amount paidis not necessarily equal to the sum of thetwo pensions.

30


Did the deceased work elsewhere inCanada?

If the deceased worked elsewhere inCanada, he or she contributed to theCanada Pension Plan. The Régie des rentesdu Québec takes into consideration the con-tributions made to that plan in determiningentitlement to benefits and in calculatingthe amount. If you live in Québec, you donot have to submit an application for survivor’s benefits to the Canada PensionPlan.

Foreigh PensionsDid the deceased work outside Canada?

If the deceased worked in another country,even for a few months, his or her spouse orchildren may be entitled to a survivor’s benefit from that country.

For more information on that subject, contact the Régie’s Bureau des ententesde sécurité sociale:

Montréal area: (514) 866-7332, ext. 7801

Toll free: 1 800 565-7878, ext. 7801

Did the deceased contribute to a supple-mental pension plan?

Some employees contribute to a supplementalpension plan or what is commonly called a“pension fund”. Plans subject to theSupplemental Pension Plans Act must alsopay a benefit upon the death of a contributor.

How to reach us

For more information on the Québec Pension Plan:

By the Internet: www.rrq.gouv.qc.ca

By phone:Québec City area: (418) 643-5185Montréal area: (514) 873-2433Toll free: 1 800 463-5185For the deaf or hard-of-hearing (TTY or teletypewriter required): 1 800 603-3540

By mail:Régie des rentes du QuébecCase postale 5200Québec (Québec) G1K 7S9

In person:At one of the Régie’s clientele servicecentre. For contact information, consult the Régie’s Website under the“How to reach us” tab, or call theRégie.

We suggest that you phone beforestopping by. In most cases, you canobtain by phone the information youare looking for.

Other BenefitsSpecial benefit for funeralexpenses under the employmentassistance program of theministère de l’Emploi, de laSolidarité sociale et de laFamille (MESSF)Even if the deceased (or his or her dependentchild) was not an income security recipientat the time of his or her death, a special benefit (of up to $2500) may be paid by theMESSF to cover funeral expenses. Someamounts may, however, be deducted fromthe maximum amount payable (for example,liquid assets, Régie des rentes du Québecdeath benefit, proceeds of a life insurancepolicy). An application for the benefit mustbe submitted no later than 30 days after thegoods or services are supplied or as soon as possible when the applicant can demonstrate that he or she was unable toact within that time period. The special benefit can be paid to the person who tookcharge of the deceased’s body, particularly, arelative of the deceased no more distantthan a first cousin, a de facto spouse, amember of the clergy or the Public Curator.

For more information, contact a localemployment centre. Contact information forthe ministère de l'Emploi, de la Solidaritésociale et de la Famille is found in theGouvernement du Québec blue pages of thephone book, under the heading “Aidefinancière”, or on the department's Website(www.mess.gouv.qc.ca).

Phone: _________________

31


There may be other benefits to which youare entitled:

• Commission de la construction duQuébec benefits (www.ccq.org)

• Workers’ compensation board benefitsfrom other provinces

• Public Service of Canada retirement pension

• Surviving spouse allowance for low-income widows and widowersbetween the ages of 60 and 64, fromthe Department of Social Development(formerly Human ResourcesDevelopment Canada)

• Commission administrative des régimesde retraite et d’assurances (CARRA) benefits (www.carra.gouv.qc.ca)

• Canada War Veterans assistance andallowances

• Claim arising from a sport hunting accident (www.fapaq.gouv.qc.ca)

• Canada Pension Plan, if the deceasedworked in other provinces

• Supplemental pension plan (private pension plan)

Communication-Québec can give you moreinformation on Québec organizations. Callthe Communication-Québec informationservice at 1 800 363-1363. Information on federal organizations is provided by thefederal government’s information service at 1 800 622-6232.

Indemnities from theSociété de l’assuranceautomobile du QuébecIf death is caused by a traffic accident, theheirs of the victim are entitled to a deathindemnity.

For more information, contact the Sociétéde l’assurance automobile du Québec:

Québec City area: (418) 643-7620Montréal area: (514) 873-7620Elsewhere in Québec: 1 800 361-7620Teletypewriter: see page 44Website: www.saaq.gouv.qc.ca

Indemnities from the Commission de lasanté et de la sécuritédu travailIndustrial accidents or occupational diseasesWhen a person dies as a result of an indus-trial accident or an occupational disease, hisor her spouse and dependants are entitledto various indemnities. If the deceasedworker had no dependants, his or her fatherand mother or the persons standing in theirstead are entitled to an indemnity.

An indemnity for funeral expenses is alsopaid to the person who paid the expenses.All these indemnities are paid in the form ofa pension or a lump sum. The deadline forfiling a claim is six months.

For contact information concerning theCommission de la santé et de la sécurité dutravail (CSST), see the Gouvernement duQuébec blue pages of the phone book,under the heading “Accidents du travail”, orvisit the CSST's Website (www.csst.qc.ca).

Phone: _______________________

32


Acts of good citizenship and criminal actsCertain indemnities are provided for depen-dants of persons who die while performingan act of good citizenship or who are victimsof a criminal act.

For example, in the case of a criminal act, amonthly pension of an amount thatdepends on the victim's salary may be paid.In addition, compensation covering funeralexpenses is issued to the person who paidsuch expenses, up to maximum of $600.

Any application for benefits must be madein the year following the death, on the formavailable at the Direction de l’indemnisationdes victimes d’actes criminels (IVAC) or theregional offices of the Commission de lasanté et de la sécurité du travail.

For more information, contact the Directionde l'indemnisation des victimes d'actes criminels (IVAC). Its contact information canbe found in the Gouvernement du Québecblue pages of the phone book, under theheading “Actes criminels et actes decivisme”.

Phone: ______________

InsuranceIt is also important to find out if thedeceased person had life insurance. Look inthe safety deposit box at the deceased'sfinancial institution and on the deceased’sbank statements, check with the deceased'semployer and look among the deceased'spersonal effects.

If nothing can be found, a request for asearch can be addressed to the ConsumerAssistance Centre (CAC) of the CanadianLife and Health Insurance Association(CLHIA) (www.clhia.ca).

Note: Certain conditions govern suchsearches:

• There must be sound evidence of theexistence of such a policy.

• No search is undertaken within thethree months following the death orlater than two years following thedeath.

• Certain information about thedeceased must be furnished.

• Only the notary, liquidator, administrator of the succession, beneficiary or direct heir of thedeceased may ask for such a search.

To request a search for a life insurance policy, contact:

Consumer Assistance Centre (CAC) ofthe CLHIA

1001, boulevard De MaisonneuveOuest, bureau 630Montréal (Québec) H3A 3C8Montréal area: (514) 845-6173Elsewhere in Québec: 1 800 268-8099

33


De Facto SpousesUnder the law, a de facto, or common-law,spouse is not considered a legitimate heirunless so designated in the will. However,some laws and programs of the Québec and Canadian governments give de factospouses rights. To avail yourself of the rightsrecognized under these laws and programs,contact the departments or organizationsinvolved to find out their requirements, since eligibility criteria differ depending on the lawor program. For more details, obtain a copyof the folder entitled De Facto Union, available at Communication-Québec.

Spouses in a Civil UnionPeople in a civil union have the same rightsand obligations as people who are marriedin regard to, among other things, the constitution of the family patrimony andrecognition of the surviving spouse as a successor. The folder entitled Civil Union,published by the ministère de la Justice andalso available at Communication-Québec,explains this type of union.

Special LeaveFor the death or funeral of a spouse, child,spouse’s child, brother, sister, father ormother, the Act respecting labour standardsprovides for one day of paid leave and fourdays of unpaid leave. The employee mustnotify the employer of his or her absence.

For the death or funeral of a son-in-law,daughter-in-law, grandparent, grandchild,or the mother, father, brother or sister of aspouse, the Act provides for one day ofunpaid leave.

If your job is governed by a collective labouragreement, the Canada Labour Code or by ajoint committee, the number of days ofleave may vary, but may not be fewer thanthose indicated above. Depending on yoursituation, contact your union representative,the joint committee concerned, the Departmentof Human Resources and Skills Development(formerly Human Resources DevelopmentCanada) or any competent resource person.

People not governed by a collective labouragreement or a decree, or not representedby a union may obtain more information onthe Act respecting labour standards by con-tacting:

Commission des normes du travailMontréal area: (514) 873-7061Elsewhere in Québec: 1 800 265-1414 Website: www.cnt.gouv.qc.ca

Contact information concerning the nearestoffice of the Commission des normes du travail is given in the Gouvernement duQuébec blue pages of the phone book,under the heading “Normes du travail”.

34

Contact us!

just…

Call

or visit the Québec government portal at

www.gouv.qc.ca

Looking for information

on the programs and services

of the Québec government?

We also have a variety of free publications,

practical guides and forms. To reach us,

1 800 363-1363 (toll free)


Social Insurance CardThe deceased beneficiary’s card and a pho-tocopy of the Death Certificate must be sentto a Human Resource Centre of Canada orto:

Social Insurance RegistrationP.O. Box 7000Bathurst, New Brunswick E2A 4T1Toll free: 1 800 206-7218

Note: There is a one-hour time difference.

To find the address of the nearest HumanResource Centre, consult the Government ofCanada blue pages of the phone book,under the heading “Social InsuranceNumbers”, or visit the following Website:www.hrdc-drhc.gc.ca


The succession may obtain the social insurancenumber of the deceased by presenting thefollowing documents at a Human ResourceCentre of Canada:

• An original of the Birth Certificate

• A proof of death (Certificate of Death,Copy of Act of Death or photocopy ofthe Declaration of Death)

• A copy of the will, indicating the nameof the person appointed liquidator or adeclaration under oath1 indicating thereason for the request if there is no will

1. A written declaration sworn to by the declarant, and received and attested by, forexample, a Commissioner for Oaths.

Health Insurance CardThere is no form to be filled out in order toinform the Régie de l’assurance-maladie duQuébec (RAMQ) of a death in Québec oroutside Québec. The Declaration of Deathneed only be submitted to the Registrar ofCivil Status for RAMQ to be notified of thedeath of the beneficiary and for the healthinsurance card to be cancelled. The funeraldirector handles the formalities. He or shewill send the deceased's health insurancecard to the Registrar of Civil Status at thesame time as the duly completedDeclaration of Death form.

To inform the RAMQ of a death outsideQuébec, go to the Québec City or MontréalRAMQ office, or call one of the numbersbelow:

Québec City area: (418) 646-4636Montréal area: (514) 864-3411Elsewhere in Québec: 1 800 561-9749 Teletypewriter: see page 44Website: www.ramq.gouv.qc.ca

Offices of the Régie de l’assurance maladie du Québec

In Québec City:1125, chemin Saint-LouisSillery (Québec) G1S 1E7

In Montréal:425, boulevard De Maisonneuve Ouest3e étage, bureau 303Montréal (Québec) H3A 3G5

NoteBefore canceling the social insurancecard and health insurance card, rememberto record both numbers, which will beneeded to apply for the benefits, pensions and indemnities to which survivors may be entitled.

36

Cancellation and Modification

Formalities

Cancellation and Modification Formalities

Driver’s LicenceIt is recommended that you notify theSociété de l’assurance automobile of thedeath of a licensed driver. If applicable, theSAAQ will issue a refund by mail, at anSAAQ service centre or through an author-ized agent. The following documents mustbe provided:

• The deceased person’s driver’s licence, if available, or his or her name, addressand date of birth

• Proof of death: the Death Certificate,court judgment or other documentissued by an organization responsible forattesting the death or for burial of thedeceased

Société de l’assurance automobile du Québec

Case postale 19600Québec (Québec) G1K 8J6

For more information, call:

Québec City area: (418) 643-7620Montréal area: (514) 873-7620Elsewhere in Québec: 1 800 361-7620Teletypewriter: see page 44Website: www.saaq.gouv.qc.ca

For the address of the nearest Société del'assurance automobile du Québec servicecentre or authorized agent, look in theGouvernement du Québec blue pages of thephone book, under the heading “Permis,licences et enregistrements”, or visit theSAAQ's Website (www.saaq.gouv.qc.ca).

Phone: ________________________

Hunting or TrappingPermitWhen the holder of a permit dies, theDirection des permis et de la tarification ofthe Société de la faune et des parcs duQuébec must be informed, in writing, andthe permit must be returned to it.

Société de la faune et des parcs du QuébecDirection des permis et de la tarification

Édifice Marie-Guyart, 10e étage675, boulevard René-Lévesque EstQuébec (Québec) G1R 5V7

For information, call:

Québec City area: (418) 521-3895Elsewhere in Québec: 1 800 561-1616E-mail: [email protected]: www.fapaq.gouv.qc.ca

FirearmsBefore allowing an heir to take possession ofa firearm, or before disposing of a firearm inanother manner, the testamentary liquidatormust obtain the authorization of theCanada Firearms Centre. This is also true ifthe testamentary liquidator is an heir. If thefirearms legally belonged to the deceased,the testamentary liquidator may, under certain conditions, keep them temporarily,for the time that it takes to liquidate the succession. However, the testamentary liquidator must not be forbidden by theCourt to possess firearms. Firearms thatwere illegally in the deceased's possessionmust be given to police authorities.

For more information or to take the stepsrequired in regard to firearms transferred bywill, call the information service of theCanada Firearms Centre at 1 800 731-4000.It is also possible to contact the Chief FirearmsOfficer of Québec at (514) 598-4584.

You can also obtain information from a district office of the Sûreté du Québec inyour area. You can find the address andphone number of the office in theGouvernement du Québec blue pages of thephone book, under the heading “Police”, orvisit the Sûreté du Québec's Website(www.sq.gouv.qc.ca).

37


PassportThe deceased's valid passport can be takento a passport office or returned to the central passport office, along with anexplanatory note. A photocopy of the DeathCertificate, or a letter from the notary orattorney in charge of the succession mustalso be presented. Once the passport is cancelled, it can be returned to the family ifit so wishes.

Passport OfficeDepartment of Foreign Affairs andInternational TradeOttawa, Ontario K1A 0G3Canada

To find the passport office nearest you, lookin the Government of Canada blue pages ofthe phone book, under the heading“Passports” or call 1 800 567-6868.

Federal Old Age Securityand Québec PensionPlan pensionsWhen beneficiaries of the federal Old AgeSecurity pension or the Québec Pension Planpension die, the organizations concernedmust be informed without delay so that theycan cease to pay the benefits. The succes-sion is entitled to the pension payment onlyfor the month of death. Benefits receivedafter that must be repaid.

To notify the Department of Social Development(formerly Human Resources DevelopmentCanada) of a death, call 1 800 277-9914.

To notify the Régie des rentes du Québec ofa death, call:

Québec City area: (418) 643-5185Montréal area: (514) 873-2433Elsewhere in Québec: 1 800 463-5185

For more information, visit the Website ofthe Régie des rentes (www.rrq.gouv.qc.ca).

Teletypewriters: see page 44

HousingThe death of a tenant or a landlord does notterminate a lease, which continues to rununtil its term.

If the deceased was a tenant and lived aloneat the time of death, the lease may be resiliated by the liquidator of the successionor, barring that, an heir. There are deadlinesto be abided by.

If the deceased was a tenant and did not livealone at the time of death, special rulesapply. However, the rules differ if the personwho lived with the tenant at the time ofdeath was, or was not, also a tenant (he orshe signed the lease). Those rules also provide for deadlines that must be abidedby.

It is generally recommended that you contact the Régie du logement to findout the rules and deadlines for notices applicable in each case.

You can find the address of the nearestRégie du logement office in the Gouverne-ment du Québec blue pages of the phonebook, under the heading “Logement”, orvisit the Régie du logement's Website(www.rdl.gouv.qc.ca).

The Québec-wide phone number is 1 800 683-2245.

Local phone number: __________________

Note: If the deceased lived in a receptioncentre, hospital or any other govern-ment institution for which a permit isissued under the Act respecting healthservices and social services, service endswithout notice or formality. In privateaccommodation, the lease or contractprevails.

38

Cancellation and Modification Formalities

Shelter AllowanceIn the event of death of the beneficiary:

• The Shelter Allowance ceases in themonth following the death if the beneficiary was single, a widow or widower or had no dependants.

• The Shelter Allowance continues to bepaid for a dwelling in which thedeceased’s spouse or dependant continues to live. The ministère duRevenu du Québec must be notified of the death, and proof of it must beprovided so that the necessary changescan be made.

For more information, look in the Gouver-nement du Québec blue pages of the phonebook, under the heading “Logement”, orvisit the Website of the ministère du Revenu(www.revenu.gouv.qc.ca).


QST CreditThe QST credit is paid in August andDecember.

• A person who dies before the start ofAugust or December is not entitled tothe credit paid at those times of theyear. However, if the person has aspouse, the spouse can apply for payment of the credit for those periodsby contacting the ministère du Revenu.

• The QST credit cannot be applied for inthe deceased’s tax return. However, thespouse of the deceased can apply for thecredit of the deceased when filing his orher own tax return, if there is no newspouse as at December 31 of the year ofdeath.

For the contact information of the ministèredu Revenu, look in the Gouvernment duQuébec blue pages, under the heading“Impôts et taxes” or visit the Website of theministère du Revenu (www.revenu.gouv.qc.ca).


GST/HST CreditIf the deceased was receiving the GST/HSTcredit, any payment received after the deathmust be returned to the Canada RevenueAgency. If the death occurred during or afterthe month of payment and the deceasedwas entitled to the payment, another payment will be issued in the name of thesuccession.

For more information or to report a death,call 1 800 959-1953.

Québec FamilyAllowances and the Canada Child Tax Benefit Québec family allowances and the CanadaChild Tax Benefit end the month followingthe death of the child. Once notified of thedeath, the Canada Revenue Agency will forward the information to the Régie desrentes du Québec.

If the child dies during the month of birth,an amount may be paid. Call the Régie desrentes du Québec at 1 800 667-9625.

For more information or to report a death,call 1 800 387-1193.

39


Foreign PensionsSocial security agreementswith Québec concerning foreign pensionsIf the deceased was receiving a pension paidby a country that signed an agreement withQuébec, proof of death must be sent directlyto the foreign organization paying the pension so that it can terminate the payment. Be sure to mention the referencenumber of the pension.

If you do not have the contact informationfor the organization concerned, contact theBureau des ententes de sécurité sociale of the Régie des rentes du Québec by calling (514) 866-7332, ext. 7801, or 1 800 565-7878, ext. 7801.

Social security agreementswith CanadaFor pensions from countries with a socialsecurity agreement with Canada, contactthe Department of Social Development (formerly Human Resources DevelopmentCanada).

Phone: 1 800 277-9914Teletypewriter: see page 44

Personal CardsAs a precaution, cancel such cards as:

• Automated teller cards

• Credit cards

• Hospital cards

Remember to make a note of the numbers.

40

Transfer Formalities 41

Transfer of VehicleOwnershipAll transfers of property must be authorizedby the liquidator or all the heirs. To demon-strate that a person is authorized to act onbehalf of the succession, he or she must givethe Société de l’assurance automobile duQuébec:

• A deed of partition or

• The declaration of transfer of ownershipfollowing a death. The form is availableat all service outlets of the Société del’assurance automobile du Québec

NoteIf the vehicle is transferred to an heir,the licence plate remains the same. Inother cases, a new licence plate is issued.

For more information, consult theGouvernement du Québec blue pages of thephone book under the heading “Société del'assurance automobile du Québec”,“Permis, licences et enregistrements”.

Phone: ________________________

Transfer of Real EstateYou must take the following documents to anotary:

• Proof of death

• Copy of the marriage contract, if applicable

• Copy of the will, if applicable

• Certificate of acquisition

• Value of the real estate according to themunicipal assessment

The notary will prepare a Declaration ofTransmission for the property.

Transfer of InvestmentAssetsTo have the investment assets of a deceasedperson transferred to the succession—forexample, Québec Savings Bonds, CanadaSavings Bonds, Canada premium bonds,Treasury bills, certificates, pension plans,retirement savings plans and registeredretirement savings plans—you must contactthe financial institutions that offer theseinvestments. Certain documents must beprovided before the transfer is made.

Canada Savings BondsTransfers and Redemptions

P.O. Box 2770, Postal Station DOttawa, Ontario K1P 6L21 800 575-5151

Québec Savings BondsÉpargne Placements Québec

333, Grande Allée EstQuébec (Québec) G1R 5W31 800 463-5229 (toll free: Canada and the United States)Monday to Friday, 8 a.m. to 8 p.m.

Transfer Formalities


Here are the principal free publications and forms related to a death that can be obtaineddirectly from government departments or organizations, or from Communication-Québec.Other publications and references not given in this list may also be available atCommunication-Québec.

Ministère de la Justice (www.justice.gouv.qc.ca)• Successions• Mandates• Wills• Civil Union• De Facto Union

Ministère de la Santé et des Services sociaux (www.msss.gouv.qc.ca)• Life goes on – I can make a difference by donating my organs

Ministère des Relations avec les citoyens et de l'Immigration (www.mrci.gouv.qc.ca)• You or your spouse have worked in another country? You may be entitled to a foreign

pension

Office de la protection du consommateur (www.opc.gouv.qc.ca)• Prearranged funeral services and sepultures

Public Curator of Québec (www.curateur.gouv.qc.ca)• Mandate in case of incapacity• Curator to a person of full age• Tutor to a person of full age• Tutor to a minor

Registrar of Civil Status (www.etatcivil.gouv.qc.ca)• Death• Request for Certificate and Copy of Act (Birth, Marriage, Death)

Publications on sale at Les Publications du Québec

Public Curator of Québec (www.curateur.gouv.qc.ca)• *My Mandate in Case of Incapacity ($5.95)• *Bien planifier votre succession ($12.95)

Ministère de la Justice (www.justice.gouv.qc.ca)• *My Will ($4.95)• Application for the probate of will ($4.95)

Note 1: You can obtain the kit “Mes volontés”, which contains the three publications (in French) withan asterisk (*), at the price of $16.95.

Note 2: Taxes are not included in the amounts indicated.

42

Reference Material

Miscellaneous 43

Moral SupportWe advise people who are in mourning orwho are expecting the death of someoneclose to seek the support of volunteerorganizations or associations. For the namesof these services, contact your CLSC.

Further ReadingPeople who use this brochure and would likemore information should read the ReferenceMaterial section and visit the Websites givenin this guide.

Seeking AssistanceYou should know that, in dealing with theprocedures described in this guide, you cancount on the Communication-Québec infor-mation staff (call 1 800 363-1363) toanswer all your questions, to refer you to theproper resource and to obtain forms for you.The funeral director is also a valuableresource person to consult in the event of adeath.

Miscellaneous


The following numbers are for the exclusive use of the deaf or hard-of-hearing who have a teletypewriter.

Canada Revenue AgencyThroughout Québec: 1 800 665-0354

Commission des normes du travailThroughout Québec: (514) 864-3920, from 8:30 a.m. to 4:30 p.m.

Communication-QuébecMontréal area: (514) 873-4626Elsewhere in Québec: 1 800 361-9596

Government of CanadaThroughout Canada: 1 800 255-4786

Ministère du Revenu du QuébecMontréal area: (514) 873-4455Elsewhere in Québec: 1 800 361-3795

Office des personnes handicapées du QuébecMontréal area: (514) 873-9880Elsewhere in Québec: 1 800 564-1477

Régie de l’assurance maladie du QuébecQuébec City area: (418) 682-3939Elsewhere in Québec: 1 800 361-3939

Régie des rentes du QuébecThroughout Québec: 1 800 603-3540

Société de l’assurance automobile du QuébecMontréal area: (514) 954-7763Elsewhere in Québec: 1 800 565-7763

44

Services for the Deaf or Hard-of-Hearing

Who Have a Teletypewriter

Québec Government National Portal on the Internet 45

For any information on the programs and services of the Québec government, simply visitthe Québec government national portal at www.gouv.qc.ca

You can also call the following number from anywhere in Québec : 1 800 363-1363 (toll free).

Teletypewriter

The deaf or hard-of-hearing can reach Communication-Québec using a teletypewriter.

The following numbers are reserved solely for this use:Montréal area: (514) 873-4626Elsewhere in Québec: 1 800 361-9596

Québec Government National Portal on the Internet


Notes

46

Notes

Notes

47

Grieving calls for courage and support.

At Corporation des thanatologues du Québec,

the managers of our member funeral homes

know all about it. That’s why when you’re

confronted with a loss, they’ll be there to provide

the understanding and guidance you need.

We are proud to join with Communication-Québec

and Régie des rentes du Québec to bring you this

very informative brochure.

Sometimes, there just are no words…

This public interest brochure was made possible with the cooperation of the Corporation des thanatologues du Québec. This copy is free.

Space for the use of firms affiliated to the Corporation des thanatologues du Québec

Une réalisation de :

• Ministère des Relations avec les citoyens et Immigration

• Régie des rentes du Québec

Tel.: [email protected]

� � � � � � � � �

deathin the event of

what to do

what to do death - collections.banq.qc.ca

Documents

Transcript of what to do death - collections.banq.qc.ca