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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 29

THE PUBLIC TRUSTEE AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. P275 amended

1           The Public Trustee Act is amended by this Act.

2(1)        Subsection 2(2) is replaced with the following:

Litigation guardian of infant

2(2)        The Public Trustee may act as litigation guardian of an infant unless

(a) a person is acting as litigation guardian for the infant in accordance with the Queen's Bench Rules; or

(b) the infant has retained and instructed counsel when permitted to do so under a statute.

2(2)        Subsection 2(3) is amended by striking out "The Public Trustee, as the litigation guardian of an infant under subsection (2)," and substituting "When acting as the litigation guardian of an infant, the Public Trustee".

2(3)        Subsection 2(4) is amended by striking out "or as may be directed by the Court of Queen's Bench from time to time".

3           Section 4 is repealed.

Coming into force

4(1)        This Act, except section 3, comes into force on the day it receives royal assent.

Coming into force: section 3

4(2)        Section 3 comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Public Trustee Act to change the duties of the Public Trustee.

A litigation guardian acts in court proceedings on behalf of a child or a person under a disability. Under this Bill, the Public Trustee may act as the litigation guardian of a child unless another person is acting as litigation guardian or the child has retained a lawyer when allowed to do so under another Act.

Under the Bill, a person with a claim against the estate of a deceased person with no legal representative can no longer automatically compel the Public Trustee to represent the estate. However, the Public Trustee can still be appointed to act on behalf of an unrepresented estate under The Court of Queen's Bench Surrogate Practice Act.

Finally, the Bill repeals a provision that required the Public Trustee to perform additional duties when directed by the Court of Queen's Bench.