1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 50 -- 1993

PUBLIC GUARDIAN AND TRUSTEE ACT

Contents

Section  

1 

Definitions

 
Part 1 -- Office, Staff and Management

2 

Corporate identity and appointment of Public Guardian and Trustee

3 

Appointment of the Deputy Public Guardian and Trustee and staff

4 

Advisory Board

 
Part 2 -- Powers, Duties, Functions and Liability

5 

General powers, duties and functions

6 

Powers as executor, administrator, trustee or attorney

7 

Powers as guardian of financial or legal affairs of young person

8 

Duty to comply with Trustee Act

9 

Public Guardian and Trustee Trust Fund Account

10 

Investment advisory committee

11 

Investment powers and duties

12 

Common funds

13 

Separate investments

14 

Registration and custody of investments

15 

Engagement of professionals

16 

Power to make loans

17 

Power to investigate and audit

18 

Production of accounts and records

19 

Protection of assets in urgent cases

20 

Power to delegate

21 

Public Guardian and Trustee's liability

 
Part 3 -- Planning, Financing and Accountability

22 

Service delivery plan

23 

Fees and recoveries

24 

Public Guardian and Trustee Operating Account

25 

Public Guardian and Trustee's report

26 

Audit

 
Part 4 -- Other Provisions

27 

Evaluation

28 

Regulations

29 

The offices the Public Guardian and Trustee succeeds to

30-33 

Consequential Amendments

34 

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act

"adult" means anyone who has reached 19 years of age;

"board" means the Advisory Board appointed under section 4;

"court" means the Supreme Court;

"decision maker" means a person appointed by the court under the Adult Guardianship Act as an associate decision maker or substitute decision maker;

"guardian" means a person appointed by the court under the Adult Guardianship Act as a guardian;

"operating account" means the Public Guardian and Trustee Operating Account established under section 24;

"representation agreement" means an agreement or other document registered under the Representation Agreement Act;

"trust fund account" means the Public Guardian and Trustee Trust Fund Account established under section 9;

"young person" means anyone under 19 years of age.

 
PART 1 -- OFFICE, STAFF AND MANAGEMENT

Corporate identity and appointment
of Public Guardian and Trustee

2 (1) The Public Guardian and Trustee is a corporation sole under the corporate name of "Public Guardian and Trustee".

(2) The Lieutenant Governor in Council may appoint, under the Public Service Act, as Public Guardian and Trustee a person who meets the criteria established under section 28 (a).

(3) The Public Guardian and Trustee holds office for a term of 6 years and the appointment may be renewed once for a further term of 6 years.

(4) If a new Public Guardian and Trustee is appointed, the predecessor must deliver all records and things in his or her custody or control as Public Guardian and Trustee to the new Public Guardian and Trustee.

Appointment of the Deputy Public
Guardian and Trustee and staff

3 (1) The Public Guardian and Trustee may appoint, under the Public Service Act, one or more deputies.

(2) A deputy public guardian and trustee may

(a) affix and authenticate the seal of the Public Guardian and Trustee,

(b) perform any duties that are assigned or delegated to him or her by the Public Guardian and Trustee, and

(c) perform the duties of the Public Guardian and Trustee, if that officer is absent or if the office is vacant.

(3) Anything done by a deputy public guardian and trustee under this section has the same effect as if it had been done by the Public Guardian and Trustee.

(4) Employees required for the proper conduct of the business of the Public Guardian and Trustee may be appointed under the Public Service Act.

Advisory Board

4 (1) The Lieutenant Governor in Council must appoint an Advisory Board selected from persons who meet the criteria established under section 28 (b).

(2) The board is to consist of not less than 6 and not more than 12 members.

(3) The Public Guardian and Trustee may consult with the board about general policy, the delivery of services and other matters relating to the functions of the office.

(4) The board may make general policy recommendations to the Public Guardian and Trustee about the strategic direction, the functions and the effectiveness of the delivery of services by the office of the Public Guardian and Trustee.

(5) The Public Guardian and Trustee must provide sufficient information to the board to enable it to fulfill the board's advisory function, unless the release of the information would conflict with the Public Guardian and Trustee's duty to maintain confidentiality.

(6) The board may report to the Attorney General from time to time on matters relating to the functions and performance of the office of the Public Guardian and Trustee.

(7) The members of the board are entitled to be paid an allowance for reasonable travelling and incidental expenses necessarily incurred in carrying out the business of the board.

(8) In addition, the members of the board, other than those appointed under the Public Service Act, may be paid for their services an amount that the Lieutenant Governor in Council determines.

 
PART 2 -- POWERS, DUTIES, FUNCTIONS AND LIABILITY

General powers, duties and functions

5 (1) The Public Guardian and Trustee has the powers, duties and functions given

(a) to the Public Guardian and Trustee by this Act or another Act, including the Adult Guardianship Act, the Health Care (Consent) and Care Facility (Admission) Act and the Representation Agreement Act,

(b) to the Public Guardian and Trustee by regulation, and

(c) to the corporations that the Public Guardian and Trustee succeeds to under section 29 (1).

(2) In exercising powers or performing duties or functions under an Act referred to in subsection (1), the Public Guardian and Trustee must be guided by the principles or purposes set out in that Act.

Powers as executor, administrator,
trustee or attorney

6 The Public Guardian and Trustee may

(a) act as an executor under a will or as an administrator of an estate,

(b) act, either alone or jointly with another person, as a trustee if the Public Guardian and Trustee is appointed a trustee

(i) in a will, settlement or other instrument creating the trust,

(ii) by a majority of a trust's beneficiaries who have reached 19 years of age and are otherwise capable of making the appointment, or

(iii) by a court, and

(c) act as attorney of a person in accordance with the terms of a power of attorney.

Powers as guardian of financial
or legal affairs of young person

7 (1) If appointed under a court order or enactment as guardian of the estate of a young person, the Public Guardian and Trustee is a trustee of all property that comes into the control of, or is held by, the Public Guardian and Trustee on behalf of the young person.

(2) If guardian of the estate of a young person, the Public Guardian and Trustee may act as litigation guardian for the young person in making or defending claims brought for or against the young person as the Public Guardian and Trustee considers advisable and in the young person's best interests.

(3) If a litigation guardian is required for a young person under the Court Rules Act and is not otherwise provided for by the Infants Act, the Public Guardian and Trustee must act as litigation guardian for the young person if the Public Guardian and Trustee considers it is in the young person's best interests to do so.

Duty to comply with Trustee Act

8 If acting as trustee under section 6 (b) or as guardian under section 7 (1), the Public Guardian and Trustee must comply with the Trustee Act unless this Act, a court order or an instrument that provides for the Public Guardian and Trustee's appointment as trustee or guardian provides otherwise.

Public Guardian and Trustee
Trust Fund Account

9 (1) The Public Guardian and Trustee Trust Fund Account is established.

(2) The Public Guardian and Trustee must keep and control the trust fund account and must place in it

(a) the balance in the Public Trustee Trust Fund Account on the date this section comes into force, and

(b) money received by the Public Guardian and Trustee on behalf of a person or estate under this Act, any other enactment or under a deed, agreement or court order.

(3) Money in the trust fund account must be invested in a common fund under section 12 unless the money

(a) is immediately required for payment, or

(b) is to be invested under section 13.

(4) Until money in the trust fund account is invested, the Public Guardian and Trustee may deposit the money in a single account

(a) in a bank, trust company or credit union,

(b) in any other corporation that is authorized under the laws of British Columbia to accept money for deposit and that has been approved for that purpose by the Lieutenant Governor in Council, or

(c) with the Minister of Finance and Corporate Relations.

(5) Subsection (4) applies despite section 19 of the Trustee Act.

Investment advisory committee

10 (1) The Public Guardian and Trustee must establish a committee to advise the Public Guardian and Trustee on

(a) developing and implementing strategic policies for investing money placed in the trust fund account,

(b) monitoring investment performance and evaluating investment results on a regular basis, and

(c) performing other related functions and duties.

(2) The committee is to consist of not less than 3 and not more than 6 members, in addition to the Public Guardian and Trustee.

(3) The Public Guardian and Trustee must appoint the other members of the committee and chair the committee.

(4) The members of the committee are entitled to be paid an allowance for reasonable travelling and incidental expenses necessarily incurred in carrying out the business of the committee.

(5) In addition, the members of the committee, other than the Public Guardian and Trustee, may be paid for their services an amount that the Lieutenant Governor in Council determines.

Investment powers and duties

11 For the purposes of investing money, the Public Guardian and Trustee has the powers and is subject to the duties of a trustee under the Trustee Act, except as otherwise expressly provided in a court order, an instrument, this Act or a regulation.

Common funds

12 (1) For the purpose of investing money, the Public Guardian and Trustee must create at least one common fund within the trust fund account.

(2) If more than one common fund is created, the Public Guardian and Trustee may

(a) develop systems governing how earnings and costs of those common funds are to be apportioned among the common funds, and

(b) consolidate into one common fund any 2 or more common funds created under subsection (1).

(3) After consulting with the committee established under section 10, the Public Guardian and Trustee must draw up a statement of strategic investment policies and objectives for investing money in a common fund created under this section.

(4) Money in the common funds must be placed with the Minister of Finance and Corporate Relations for investment subject to the strategic investment policies and objectives drawn up under subsection (3), unless the Minister of Finance and Corporate Relations directs that the money remain with the Public Guardian and Trustee for investment.

(5) Any money placed with the Minister of Finance and Corporate Relations under subsection (4) is deemed to have been placed under section 36 (3) of the Financial Administration Act.

(6) Money to be invested by the Minister of Finance and Corporate Relations under subsection (4) is trust funds for the purposes of sections 36 to 36.2 of the Financial Administration Act and the Public Guardian and Trustee is the trustee of the money.

(7) In accordance with the statement of strategic investment policies and objectives drawn up under subsection (3), the Minister of Finance and Corporate Relations must prepare quarterly reports for the Public Guardian and Trustee outlining the investment performance of all funds invested by that minister under subsection (4).

(8) No money in a common fund may be invested under this section in a pooled fund unless the policies and objectives of the pooled fund are consistent with the statement of investment policies and objectives drawn up under subsection (3).

(9) An investment of money in a common fund created under this section is not made on account of or for the benefit of a particular estate or person and the investment does not belong to a particular estate or person.

(10) The interest of an estate or person entitled to a share or interest in a common fund created under this section is in common with the interest of all other estates and persons entitled to a share or interest in the common fund.

(11) The Public Guardian and Trustee may deduct from the income earned by a common fund prescribed fees and expenses for operating and maintaining the common fund.

(12) The Public Guardian and Trustee must allocate earnings, in accordance with the regulations, to the credit of the persons and estates for whom the investment was made.

Separate investments

13 (1) The Public Guardian and Trustee may make investments separate from the common funds in the name of a person or estate for whom the Public Guardian and Trustee holds money if

(a) the money is subject to an express trust or direction for investment, or

(b) it is, for any other reason, in the best interests of the person or estate to do so.

(2) The Public Guardian and Trustee may deduct from the income earned by investments under this section prescribed fees and expenses.

Registration and custody of investments

14 Investments made by the Public Guardian and Trustee

(a) may be registered, despite section 20 of the Trustee Act, in the name of a bank or trust company or the nominee of either, as long as it is apparent that the Public Guardian and Trustee is the beneficial owner, and

(b) may be kept in the custody of a bank or trust company or of the Minister of Finance and Corporate Relations, or be maintained in a book based system by a depository for securities.

Engagement of professionals

15 With the agreement of the Minister of Finance and Corporate Relations, the Public Guardian and Trustee may

(a) enter into any agreement,

(b) retain any technical, professional or other adviser, specialist or consultant, or

(c) do anything else

that is necessary for the purpose of making, managing or disposing of investments.

Power to make loans

16 (1) The Public Guardian and Trustee may make a temporary loan from the operating account to the account of a person whose estate is administered by the Public Guardian and Trustee.

(2) A loan made under subsection (1)

(a) is a first lien or charge in favour of the government on all the property and assets of the estate of the person to whom the loan is made, and

(b) has priority over all other charges or encumbrances of that estate, except a lien for wages.

(3) Loans made under subsection (1) are subject to prescribed terms and conditions, and to prescribed rates of interest.

Power to investigate and audit

17 (1) The Public Guardian and Trustee may investigate and audit the affairs, dealings and accounts of

(a) a trust, a beneficiary of which is or may be

(i) a young person,

(ii) an adult who has a decision maker or guardian, or

(iii) an adult who does not have a decision maker or guardian but who is apparently abused or neglected, as defined in the Adult Guardianship Act,

(b) an attorney under a power of attorney if the Public Guardian and Trustee has reason to believe that the person who granted the power of attorney is incapable of managing his or her financial affairs, business or assets,

(c) a representative under a representation agreement, or

(d) a decision maker or guardian

if the Public Guardian and Trustee has reason to believe the assets of the young person or adult may be at risk.

(2) In addition, the Public Guardian and Trustee may investigate the personal care and health care decisions made by

(a) a representative under a representation agreement, or

(b) a decision maker or guardian

if the Public Guardian and Trustee has reason to believe the representative, decision maker or guardian has failed to comply with his or her duties.

Production of accounts and records

18 (1) In addition to any powers given in another Act, in making an investigation or audit under section 17, the Public Guardian and Trustee may

(a) require the trustee, attorney, representative, decision maker or guardian to produce any accounts, securities or other records,

(b) require a person, institution, or other body having records or knowledge of the financial affairs, business or assets of the young person or adult to produce any accounts, securities or other records,

(c) inspect and copy the accounts, securities and other records produced, and

(d) require the trustee, attorney, representative, decision maker or guardian to provide any report, information and explanations the Public Guardian and Trustee considers necessary to the investigation or audit.

(2) A person, institution or other body that is required under subsection (1) to produce accounts, securities or other records or to provide a report, information or explanation

(a) must comply, and

(b) is not liable for breach of confidentiality for releasing information under this section.

(3) If a person, institution or other body mentioned in subsection (1) refuses or fails to produce the accounts, securities or other records or to provide the reports, information or explanations required under that subsection, the Public Guardian and Trustee may apply to the court for an order.

(4) On application under subsection (3), the court may order the person, institution or other body to produce the accounts, securities or other records, or to provide the reports information or explanations, to the Public Guardian and Trustee within a time set by the court.

(5) If the person, institution or other body does not comply with the order under subsection (4), the court may, on the application of the Public Guardian and Trustee, make an order authorizing the Public Guardian and Trustee to

(a) enter any premises where the accounts, securities or other records sought by the Public Guardian and Trustee are believed to be located, and

(b) to inspect, or copy anything the Public Guardian and Trustee considers relevant to the investigation or audit.

(6) In this section and section 19, "Public Guardian and Trustee" includes a person authorized in writing by the Public Guardian and Trustee.

Protection of assets in urgent cases

19 (1) In this section "adult" means an adult who is apparently abused or neglected, as defined in the Adult Guardianship Act.

(2) If the Public Guardian and Trustee has reason to believe that the financial affairs, business or assets of a young person or an adult are in need of immediate protection, the Public Guardian and Trustee may do one or more of the following:

(a) instruct any institution where the young person or the adult has an account that no funds are to be withdrawn from or paid out of that account until further notice;

(b) direct any source of income for the young person or the adult to send the income to the Public Guardian and Trustee to be held in trust for the young person or adult;

(c) halt any disposition of real or personal property belonging to the young person or adult;

(d) take any other step that is necessary to protect the financial affairs, business or assets of the young person or adult and that is reasonable in the circumstances.

(3) A step taken under subsection (2) remains in effect for 7 days.

Power to delegate

20 (1) The Public Guardian and Trustee may, in writing, authorize an officer or employee of the Public Guardian and Trustee to do any act or other thing required to be done by the Public Guardian and Trustee.

(2) Without limiting subsection (1), the Public Guardian and Trustee may authorize an officer or employee to sign a document requiring the signature of the Public Guardian and Trustee.

(3) The authority given to an officer or employee under this section may be general or apply to a particular case.

(4) A document signed by a person authorized under this section has the same effect as if the document had been signed by the Public Guardian and Trustee.

Public Guardian and Trustee's liability

21 (1) The Public Guardian and Trustee, or an officer or employee of the Public Guardian and Trustee, is not liable for any loss for which a private trustee would not be liable in similar circumstances.

(2) Any money required to discharge any liability

(a) that the Public Guardian and Trustee, if he or she were a private trustee, would be personally liable to discharge, or

(b) that arises out of an error or omission of the Public Guardian and Trustee, or of an officer or employee of the Public Guardian and Trustee, in the course of carrying out duties under this or another Act, other than the duties of a trustee

must be paid out of the consolidated revenue fund.

(3) If a claim is made against the Public Guardian and Trustee and the Attorney General certifies

(a) that the claim, if pursued, could result in a judgment against the Public Guardian and Trustee, and

(b) that it is in the public interest to settle the claim in an amount set out in the certificate,

the amount set out in the certificate must be paid out of the consolidated revenue fund to the person making the claim.

(4) If an action or other proceeding has been commenced against the Public Guardian and Trustee and the Attorney General certifies that it is in the public interest to pay money into court, the amount set out in the certificate must be paid into court out of the consolidated revenue fund.

(5) If the amount to be set out in a certificate under subsection (3) or (4) is more than a prescribed amount, the Attorney General must obtain the approval of the Treasury Board before issuing the certificate.

(6) Amounts paid out under this section must be included in the statement referred to in section 15 (1) of the Crown Proceeding Act.

(7) The court that renders a judgment in a claim, action or proceeding against the Public Guardian and Trustee, or to which an appeal against that judgment lies, may direct that payment of the whole of the amount payable, or any part of it, is suspended pending an appeal or otherwise.

(8) No execution, attachment or other process of that nature may be issued out of a court for enforcing payment of money by the Crown under this section.

 
PART 3 -- PLANNING, FINANCING AND ACCOUNTABILITY

Service delivery plan

22 (1) After consulting with the board, the Public Guardian and Trustee must deliver to the Attorney General, for approval, a service delivery plan not later than 3 months before the beginning of each fiscal year.

(2) The service delivery plan must specify for each program area, for the fiscal year about to begin and for each of the following 2 fiscal years,

(a) the objectives of the program area,

(b) the nature and the scope of activities to be undertaken,

(c) the performance targets and other measures by which the performance of the program area may be assessed,

(d) a forecast of revenues to be collected,

(e) an estimate of the funding required to meet the objectives of the program area, and

(f) an estimate of the amount of surplus or deficit and the cash balance remaining in the operating account for each fiscal year.

(3) If the Attorney General approves the service delivery plan, the Public Guardian and Trustee must submit it to Treasury Board for approval.

(4) After consulting with the board, the Public Guardian and Trustee may modify the service delivery plan at any time with the approval of the Attorney General and Treasury Board.

Fees and recoveries

23 (1) On the recommendation of Treasury Board, the Lieutenant Governor in Council may make regulations prescribing fees or a scale of fees, including commissions and charges, payable to the Public Guardian and Trustee for performing a duty or service or for acting as trustee under this Act, another enactment or an agreement.

(2) The regulations referred to in subsection (1) may

(a) prescribe to whom and at what time any fee must be paid,

(b) prescribe the source of funds, including the estate of a person, from which fees may be taken,

(c) allow the Public Guardian and Trustee to excuse a person from paying a fee or to refund a fee in cases of hardship or unfairness, and

(d) provide for the delegation by the Public Guardian and Trustee to other persons of the power to excuse or refund fees.

(3) Subsection (2) (c) applies despite section 16 of the Financial Administration Act.

(4) In addition, the Public Guardian and Trustee may recover costs incurred and loans made in performing a duty or delivering services under this Act, another enactment or an agreement.

(5) In addition, the Public Guardian and Trustee may make a reasonable charge for any service that

(a) is performed by an officer or employee of the Public Guardian and Trustee in connection with an estate or trust administered or managed by the Public Guardian and Trustee, and

(b) is one for which a charge would be made if performed by a person retained or employed to perform that service by a private trustee.

(6) An amount charged by the Public Guardian and Trustee under subsection (5) is a disbursement for the purpose of the estate or trust.

Public Guardian and Trustee Operating Account

24 (1) The Public Guardian and Trustee Operating Account is established as a special account in the general fund of the consolidated revenue fund.

(2) The following money must be paid into the operating account:

(a) the balance in the Public Trustee Operating Account on the date this section comes into force;

(b) money received by the Public Guardian and Trustee as fees, commissions, charges or recoveries of costs;

(c) money transferred to the operating account from a vote, as defined in the Financial Administration Act;

(d) money that the Minister of Finance and Corporate Relations directs to be paid into the operating account.

(3) The Public Guardian and Trustee may require the Minister of Finance and Corporate Relations to make payments out of the operating account for the purposes of paying for the costs involved in providing services and operating the office.

Public Guardian and Trustee's report

25 (1) The Public Guardian and Trustee must report in each fiscal year to the Attorney General on the operations of the office for the preceding fiscal year.

(2) The report must be made by September 30 following the preceding fiscal year end.

(3) The report of the Public Guardian and Trustee must contain

(a) audited financial statements on the stewardship of trusts and estates under administration,

(b) audited financial statements on the operations of the office of the Public Guardian and Trustee,

(c) a statement of the extent to which the office of the Public Guardian and Trustee has met the performance targets and other objectives established in the service delivery plan under section 22, and

(d) the Auditor General's report on the statement referred to in paragraph (c).

(4) The Attorney General must promptly lay a copy of the report before the Legislative Assembly if it is in session and, if it is not then in session, within 30 days after the beginning of the next session.

Audit

26 (1) The Auditor General must

(a) audit annually the financial statements of the office of the Public Guardian and Trustee, and

(b) report on the Public Guardian and Trustee's statement under section 25 (3) (c).

(2) The Minister of Finance and Corporate Relations or the Attorney General may audit, at any time, the books, accounts and financial statements of the Public Guardian and Trustee.

 
PART 4 -- OTHER PROVISIONS

Evaluation

27 (1) The Public Guardian and Trustee must arrange for

(a) an independent evaluation of the effectiveness of the Adult Guardianship Act, the Health Care (Consent) and Care Facility (Admission) Act, the Representation Agreement Act and this Act, and

(b) the preparation of a report on the evaluation.

(2) Before arranging for an evaluation, the Public Guardian and Trustee must consult with the board about the evaluation plan.

(3) The evaluation must be done after the first 3 years of operation of the office of the Public Guardian and Trustee and every 5 years after that.

(4) The evaluation must include an assessment of

(a) the general public perception of the effectiveness of the Acts referred to in subsection (1) (a),

(b) the levels of satisfaction among adults, agencies and organizations who receive or deliver services under those Acts,

(c) the achievement of the objectives,

(d) the impact of unintended results, and

(e) the cost effectiveness of the service delivery mechanisms.

(5) After consulting with the board about the interim findings of the evaluation, the Public Guardian and Trustee may

(a) modify the evaluation plan, and

(b) present the interim findings and recommendations to the Attorney General.

(6) After consulting with the board about the results of the evaluation, the Public Guardian and Trustee must present the evaluation report and the Public Guardian and Trustee's response to the Attorney General within 12 months after the end of the period under evaluation.

Regulations

28 The Lieutenant Governor in Council may make regulations, including regulations,

(a) establishing the criteria for eligibility for appointment as Public Guardian and Trustee,

(b) establishing the criteria for eligibility for appointment to the board,

(c) authorizing the Public Guardian and Trustee to invest in investments that are not authorized under the Trustee Act but that a prudent person would make,

(d) establishing, for the purposes of section 12 (12), the method for allocating investment earnings of a common fund to the credit of the persons for whom the investment was made,

(e) establishing terms and conditions under which loans may be made under section 16 and prescribing the rate of interest payable on those loans,

(f) prescribing different limits for different claims, or different classes of claims, that may be settled under section 21, and

(g) providing for the resolution by the Public Guardian and Trustee of complaints about the delivery of services to clients.

The offices the Public Guardian
and Trustee succeeds to

29 (1) The Public Guardian and Trustee is the successor in office of

(a) the corporation sole formerly known as the Public Trustee,

(b) the corporation sole formerly known as the Official Guardian,

(c) the corporation sole formerly known as the Official Administrator for the Province of British Columbia, and

(d) the Official Administrator for the County of Vancouver and all other counties within the Province.

(2) Property vested in any of the officers referred to in subsection (1) vests in the Public Guardian and Trustee.

(3) A reference to the Public Trustee, Official Guardian, Official Committee or Official Administrator in a contract, licence, order or other document made or issued before this section comes into force is deemed to be a reference to the Public Guardian and Trustee.

 
Consequential Amendments

30 (1) A reference in the following provisions to "Public Trustee" or to "Public Trustee Act" is amended by striking out that reference wherever it appears and substituting "Public Guardian and Trustee" and "Public Guardian and Trustee Act" respectively:

(a) Adoption Act, R.S.B.C. 1979, c. 4, section 8 (1) (d), (4) and (9);

(b) Cemetery and Funeral Services Act, S.B.C. 1989, c. 21, section 51 (1) (h);

(c) Community Care Facility Act, R.S.B.C. 1979, c. 57, section 12 (2) (e) and (g) (ii);

(d) Condominium Act, R.S.B.C. 1979, c. 61, section 72 (3);

(e) Estate Administration Act, R.S.B.C. 1979, c. 114, sections 39 (1), 53, 61 (1), 84 (b) and 135 (4) (b), (5) (b), (7) and (8);

(f) Family and Child Service Act, S.B.C. 1980, c. 11, sections 13 (5) and 14 (5);

(g) Family Relations Act, R.S.B.C. 1979, c. 121, sections 21, 23 (1) and (2), 29 (3) (b) and 31 (2) and (3);

(h) Human Tissue Gift Act, R.S.B.C. 1979, c. 187, section 5 (4) (b);

(i) Infants Act, R.S.B.C. 1979, c. 196, Part 1, Heading and sections 1 (2) and (3), 3, 7 to 9, 11, 12 (1) and (3), 12.1 (1), 13, 14 (1) and (2), 16.4 (4), 16.5 (1), (2), (4) and (5), 31 (1) (a), (3) (a) and (b), (4) (b), (6) and (9) to (11), 32, 33 and 39 (1) and (2);

(j) Insurance Act, R.S.B.C. 1979, c. 200, sections 171 (3) and 205 (3);

(k) Insurance (Motor Vehicle) Act, R.S.B.C. 1979, c. 204, section 31 (1);

(l) Land Title Act, R.S.B.C. 1979, c. 219, sections 176 (8) and 261 (2);

(m) Limitation Act, R.S.B.C. 1979, c. 236, section 7 (6) and (7) (b);

(n) Marriage Act, R.S.B.C. 1979, c. 251, section 24 (1) (c) and (4);

(o) Mental Health Act, R.S.B.C. 1979, c. 256, section 28 (2);

(p) Patients Property Act, R.S.B.C. 1979, c. 313, sections 1, 6 (2) and (3), 7 (a), 10 (1) and (2), 11 (1) (a), (2) and (3), 12 (1), 13 (1) and (5), 14 (2), 16 (2), 23 (2), 25 (1) and (3), 29, 30 and 31 (2);

(q) Pension (College) Act, R.S.B.C. 1979, c. 316, section 17 (4.1);

(r) Pension (Municipal) Act, R.S.B.C. 1979, c. 317, section 15 (5.1);

(s) Pension (Public Service) Act, R.S.B.C. 1979, c. 318, section 22 (1.1);

(t) Pension (Teachers) Act, R.S.B.C. 1979, c. 320, section 16 (5.1);

(u) Property Transfer Tax Act, S.B.C. 1987, c. 15, section 5 (2) (t);

(v) Trust and Settlement Variation Act, R.S.B.C. 1979, c. 413, sections 3 and 4;

(w) Wills Variation Act, R.S.B.C. 1979, c. 435, section 10 (1) (c) and (2).

(2) The Lieutenant Governor in Council may by regulation, strike out a reference in any enactment to "Public Trustee" or "Public Trustee Act" and substitute "Public Guardian and Trustee" and "Public Guardian and Trustee Act" respectively.

 
Estate Administration Act

31 Section 50 of the Estate Administration Act, R.S.B.C. 1979, c. 114, is repealed.

 
Infants Act

32 Section 10 of the Infants Act, R.S.B.C. 1979, c. 196, is repealed.

 
Public Trustee Act

33 The Public Trustee Act, R.S.B.C. 1979, c. 348, is repealed.

Commencement

34 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

The purpose of this Bill is to replace the Public Trustee Act and to create a new office to carry out the functions currently performed by the Public Trustee, as well as new functions.

The Bill provides for


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