Since November 1, 2022, Quebec has undertaken a major reform to strengthen the protection of vulnerable persons. The curatorship regime was abolished and replaced by a tutorship regime for adults. However, it was primarily on March 4, 2025, that a crucial change came into force: anyone wishing to become a tutor must now submit to a verification of their criminal record. This is a key measure to prevent abuse and ensure that vulnerable persons are supervised by trustworthy individuals.

It applies to new tutorship applications filed since March 4, 2025, or applications to replace a tutor from that same date.

Candidates must provide two types of documents to the Superior Court as part of an application to open a tutorship regime :

A certificate of absence of criminal record or a complete list of any record, including :

- Any conviction (unless a pardon has been obtained)

- Any ongoing criminal or penal charge

- Any court order still in force

A sworn statement specifying :

- Whether they have previously declared bankruptcy

- Whether they have been subject to civil judgments

These documents enable the Court to make an informed decision tailored to the vulnerable person's situation.

Does a criminal record automatically disqualify the candidate ? Not necessarily. Having a criminal record or bankruptcy does not automatically exclude the person. The Court retains its discretionary power and assesses each case in its entirety. It may therefore take into account the particular circumstances and interests of the vulnerable person before rendering its decision.

This reform marks an important step in the fight against abuse and mistreatment. By requiring increased transparency regarding the criminal and financial background of prospective tutors, Quebec affirms its commitment to better protect vulnerable persons. Representing the interests of a vulnerable person is a noble responsibility that deserves rigour and commitment.

Source : art. 256 à 297 C.c.Q.