Bill 18 Vulnerable Clients - Assistant Measure

Protecting vulnerable persons

On November 1, 2022 a new regulation for the province of Quebec came into effect. The purpose of the changes and new measures introduced under Quebec Bill 18 is to better protect vulnerable persons. It introduces the concept of an Assistant Measure.

Under the new assistance measure, an adult living with a difficulty can receive help from someone close to them in making decisions and managing their property. Clients will be able to obtain recognition for one or two Assistants of their choice. Once recognized, each Assistant will be entered in a public register. This will allow them to deal with various organizations, government departments, and service providers on the person’s behalf. The Assistant may send these third-parties information or collect information from them, through a single process and on behalf of the assisted person.

A Sun Life Client who has a registered assistant with the Public Curator, may ask their Assistant to request any insurance and wealth information on their behalf.

Who can be recognized as an Assistant?

  • The Assistant must be an adult capable of fully exercising their civil rights, and who demonstrates a particular interest in the person who wants support without having a conflict of interest.
  • Some examples may include:
    • A family member or someone close to the person requiring support
    • A caregiver

The Assistant does not have the authority over the financial matters but can help the Client to obtain or provide information. The Assistant will act as the intermediary for the assisted person. They will act only as requested and for the specific matters indicated by the assisted person.

The Assistant may:

  • Act as an intermediary for the assisted person
  • Advise the assisted person 
  • Contact third parties to obtain or send information, or to inform them of decisions made by the assisted person
  • Access the assisted person’s personal information, only with their consent and if the information is needed to help them

The Assistant may not:

  • Sign documents on behalf of the assisted person 
  • Make decisions for the assisted person
  • Act in situations of conflict of interest
  • Be paid for their help
  • Overview of Business Implications:
  • Advisors should be aware of and understand how to manage scenarios when a Client has an Assistant Measure in place with the Quebec Public Curator.
  • Be familiar with what an Assistant may or may not do.
  • Validate the Assistant at each interaction against the Quebec Public Curator Registry.

The process for authentication has been determined by the Quebec Public Curator Registry and is required to be followed as indicated:

  • Advisors and staff will need to understand the role of the assistant as they may be contacted for information
  • Advisors will need to authenticate the assistant every time by referring to the Public Curator registry

Additional Requirements

  • Authentication steps should include review of the start and end dates for the term as assistant are assigned for 3 year terms or could be terminated prior to end of term

Scenario

If

And

Then

Advisor talking points

1

Assistant calls in and requests information (medical or financial) on behalf of the Client.

The assistant is found in Quebec Public registry and has a PIN code.  

Advisor can authenticate the assistant by asking:

      1. PIN Code.

Advisor can use the PIN to review assistant information on registry and further ask:

       2. Full name

       3. DOB

Once passed then Advisor can ask assistant to verify the Client they work for by providing their:

4.    full name

       5.    DOB

       6.    One account number (assuming they have several accounts) or client Access ID or Policy# /Certificate #

       7.    Client last 3 digits of SIN #

Enter the security code provided by the assistant

If Assistant is successful in answering authentication questions then advisor may proceed with providing information.

 

2

Assistant calls in and requests information (medical or financial) on behalf of the Client.

The assistant is found in Quebec Public Registry and does not have a PIN code.  

 

This is a hard stop.

Advisor must advise assistant to get PIN code along with Client full name, DOB and one account number (assuming they may have several account numbers) and last 3 digits of Client SIN.

3

Assistant calls in and requests information (medical or financial) on behalf of the Client.

The assistant is not found in Quebec Public Registry and does not have a PIN code.  

This is a hard stop.

Advisor must advise the assistant to proceed with registering with Quebec Public Curator Registry first.

4

Client calls with assistant

Client is on the phone.

Proceed with regular authentication process (verify Client only) and get verbal consent from the Client to share information with the assistant.

 

5

Assistant calls with Client

Client is not on the phone.

Follow scenario 1 authentication process.

 

6

Client calls with non-assistant or someone not registered in Quebec Public Curator registry.

 

Proceed with regular authentication process (verify Client only) and get verbal consent from the Client to share information with the individual.

Suggest that we recommend to the Client that the individual be registered on the Registry if the individual will assist in the provision/collection of information or another form giving authority to the individual

7

Assistant cannot locate Pin Code

 

Cannot proceed without Pin Code

Recommend that the assistant and Client visit the registry to locate their pin number

All notes and interactions with Clients and assistants should be documented in Salesforce.

Frequently asked questions

Authentication of new assistant (Assistance Measure)

  • The «Assistance measure» is the official recognition for assistants in the province of Quebec. 
  • Under the new assistance measure, an adult living with a difficulty who would like help from someone close to them in making decisions and managing their property will be able to obtain recognition for one or two assistants of their choice.
    • Once recognized, each assistant will be entered in a Quebec public curator register, allowing them to deal with various organizations, government departments, and service providers on the person’s behalf.
    • The assistant may send these third parties’ information or collect information from them, through a single process and on behalf of the assisted person.

  • The assistance measure is designed for an individual who would like help because of a difficulty (of any kind) and who is able to choose their assistant on their own.
  • Examples of situations in which a client may apply to have an assistant include but are not limited to:
    • An elderly person experiencing a loss of autonomy who wants help from someone close to them
    • An adult with a mild intellectual disability who wants help from someone close to them
    • An adult with a vision, hearing, or motor impairment who wants help from someone close to them
    • An adult with a mental illness who needs help from someone close to them in managing their affairs

Note:  The difficulty that motivates a person to submit the application will not be assessed.

  • The proposed assistant must be an individual who is of legal age (or fully emancipated), capable of fully exercising their civil rights, and who demonstrates a particular interest in the person who wants assistance. For example:
    • A family member or someone close to the person requesting assistance
    • A caregiver
  • The Quebec public curator will make the final decision whether to recognize an assistant. 

  • Individuals who wish to receive assistance can apply directly to the Quebec public curator (online or paper) or with assistance from a qualified legal professional. The appointment of an assistant is a voluntary measure and is not appointed through a court (non-judicial). The Quebec public curator will make the final decision whether or not to recognize an assistant.
  • Note: The processing of the application for recognition of the assistant involves several steps, as the safety of assisted persons is a primary concern. Given this, several layers of protection have been built into the measure such as:
  • The assistant's criminal record will be checked.
  • The assistant must declare any situation that could be perceived as a conflict of interest.
  • The request will be sent to two or more relatives of the person seeking assistance and these latter will have 30 days to oppose it.
  • The person seeking assistance and the assistant will be met by a member of the Quebec public curator staff.
    • The staff member will ensure that the person seeking assistance understands their approach well and that they are able to assert their wishes and preferences.
    • The assistant will join the second part of the interview for explanations, more specifically on the scope of the measure and its limits. 
  • At the end of the meeting, the proposed assistant and the person wishing assistance will sign a document in which they declare that they understand the scope of the measure and consent to the respect for it.

The assistant will act as the intermediary for the assisted person. 

The assistant MAY:

The assistant MAY NOT:
  • Act as an intermediary for the assisted person
  • Advise the assisted person
  • Contact third parties to obtain or send information, or to inform them of decisions made by the assisted person 
  • Access the assisted person’s personal information, only with their consent and if the information is needed to help them
  • Sign documents on behalf of the assisted person
  • Make decisions for them
  • Act in situations of conflict of interest
  • Be paid for their help

Note: The assistant can only act with the consent of the assisted person. If the assisted person is no longer able to make decisions alone or with the help of their assistant, the assistant should stop acting and inform 

A Power of attorney gives one person the right to act on behalf of another, for example, to sign a contract or carry out a banking transaction. In the case of an Assistant measure, the assisted person retains the exercise of all their rights. The individual's assistant acts as an intermediary with third parties. They can collect or transmit information but cannot make decisions for the person or sign a document or contract on their behalf.

The registry will be accessible via the internet and will have two levels of access.

Level

Details

Level 1

The first level will be public and will confirm the name and surname of the assistant and the date of entry into force of the measure, as well as the date on which it will end. 

Level 2

The assistant will have a security code, which will need be shared with third parties, so that they have access to the second level of the register, allowing them to associate the assistant and the assisted person.

For additional information, view Quebec public curator registry  (note: video only available in French)

IMPORTANT: For the assistant to receive any information, third parties must verify that the assistant is registered with Quebec public curator registry. If the assistant cannot be authenticated (i.e., assistant is not registered or cannot provide the security code), no information can be provided. 

No. During each intervention by an assistant, third parties must ensure that the person who communicates with them, on behalf of another, is well recognized by Quebec public curator. This is completed by consulting the public register of assistants, which is updated daily, on the website Quebec.ca.

No. Once the assistant is recognized by Quebec public curator, the law provides that the consent of the person assisted is presumed. It is therefore not necessary to obtain confirmation of this each time the assistant carries out a procedure on behalf of the assisted person. However, if the scenario seems questionable/unreasonable, then it may be prudent to verify with the client.

Yes. Third parties must verify that the assistant is registered with Quebec public curator on the Quebec public registry, in the same method as if the assistant had called.

Payments to beneficiaries who are minors (Tutorship of a Minor)

Effective November 1, 2022, any insurer must advise the Quebec public curator 15 calendar days before a death benefit can be payable to a minor beneficiary who is a resident of Quebec. 

Note:  A death benefit payable to an estate or formal trust where there is a minor beneficiary is not reportable to the Quebec public curator. 

No. Notification to the Quebec public curator is only required on Insurance products, where the death benefit payable is to a minor beneficiary, who is a resident of Quebec. 

The following products are excluded:

  • Mutual funds
  • Trust GICs
  • Formal trusts
  • Estates

No. While Quebec public curator website refers to payment amounts in excess of $40,000, for insurers, there is no threshold. All payments, because of a death benefit, that are being made to a beneficiary who is a minor is reportable. (Unless the payment is being made to a formal trust or estate).

This is to allow Quebec public curator enough time to react and inform the trustee (tutor) of their obligations. The 15-day delay is a minimum notice to the Curator public and cannot be shortened.

The 15-day hold deals with the delay to pay the indemnity and it is not intended to change the terms of a contract that may provide for the evaluation of the payment to be at the date of death of the annuitant or the date a claim is made. 

Day 1 of the 15-day hold begins the day the Declaration of remittance of property in favor of a minor child form is mailed to the Curateur public. The earliest payment can be made is day 16, as this completes the minimal hold of 15 calendar days. 

No, the payment will continue with the minimum 15 day hold and be released on day 16.  The date we send the letter to the Quebec public curator is the date Sun Life determines that the claim is payable. If the beneficiary is still a minor on that date, Sun Life should not avoid the delivery of this notice and the communication of its’ decision because the minor is about to become of legal age. 

  • If Sun Life were to be contacted during the 15-day waiting period since they are no longer a minor, Legal and Compliance teams should be contacted to weigh in if the payment should be released prior to day 16.

General

For more information on Quebec bill 18 and the new laws for the Curateur public, refer to The new law on the curateur public on the provincial website.

AMF Guides:

Practical guide for protecting vulnerable clients

No. The New Assistant does not have the authority to give instructions on how to invest client money except if the assistant is informing Sun Life of decisions made by the client. Options on investment if discussed with the Assistant, should be passed onto the client and then the decision should come back. If the investment changes are significantly different from the client’s investment profile, the instructions must be verified with the Client.

  • Therefore, once you authenticate the «Assistant» via the Quebec public curator registry, the Assistant can communicate the assisted person’s decision to obtain/send information, or share the assisted person’s decision concerning their policy / account with Sun Life. In saying this, an assisted person’s decision may be related to their investments or any other decision.
    • If the assisted person’s decision relayed by the Assistant requires the assisted person to sign Sun Life documents, the Assistant cannot sign on behalf of the assisted person.
      • Sun Life will need to get the assisted person to review and sign the documents.
    • If the assisted person’s decision relayed by the Assistant does not require any client signature, compliance recommends that you communicate/ call the assisted person to discuss/ confirm the investment decision that has been shared by the Assistant. If that is not possible or the assisted person is not willing to do so, since the regulation states that the Assistant is authorized to relay the assisted person’s decisions, you should confirm with the Assistant that they are sharing the assisted person’s decision.

Note: If an Assistant's request seems dubious, or if it raises discomfort, it is reasonable to verify with the assisted person that they have indeed asked their Assistant to make the request or to communicate their decision. Secondly, document the authentication of the Assistant and all information that was communicated / shared with the Assistant and/or the assisted person.