4th Session, 41st Legislature
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Bill 226
THE PRESUMPTION OF DEATH AND DECLARATION OF ABSENCE ACT AND AMENDMENTS TO THE INSURANCE ACT
Section | Table of Contents |
INTRODUCTORY PROVISIONS | |
1 | Definitions |
2 | Application of Queen's Bench Rules |
ORDERS | |
3(1) | Who may apply for an order? |
(2) | Notice of application |
(3) | Status of person directed to be served |
4(1) | Presumption of death order |
(2) | Date of presumed death |
(3) | Scope of order |
(4) | Order is proof of death |
(5) | Alternative order |
5(1) | Declaration of absence order |
(2) | Contents of order |
(3) | Powers and duties of committee |
(4) | Powers of committee to expend money out of estate |
6(1) | Changing or confirming an order |
(2) | Court may give directions |
7(1) | Appeal |
(2) | Notice of appeal |
(3) | Powers of Court on appeal |
ACTIONS UNDER AN ORDER | |
8(1) | Duty of personal representative |
(2) | Duty of trustee of insurance proceeds |
(3) | Confirmation order required |
9(1) | Status of property if person is in fact alive or found |
(2) | Insurance proceeds used by trustee |
(3) | Exception |
10(1) | Court retains jurisdiction to order return of property or proceeds |
(2) | Order |
11 | Status of property if person is in fact dead |
PRESUMPTION OF DEATH ORDER MADE | |
12(1) | Order made in Canada |
(2) | Order made outside Canada |
AMENDMENTS TO INSURANCE ACT | |
13(1) | C.C.S.M. c. I40 amended |
(2) | |
(3) | |
(2) | Exception when presumption of death |
(4) | |
(5) | |
(6) | |
(7) | |
(8) | |
(9) | |
(10) | |
(11) | |
(2) | Exception when presumption of death |
(12) | |
(13) | |
(14) | |
(15) | |
(16) | |
(17) | |
CONSEQUENTIAL AMENDMENTS | |
14 | Consequential amendment, C.C.S.M. c. M50 |
15 | Consequential amendment, C.C.S.M. c. T160 |
(1.1) | Interpretation: "statutory limitation" |
REPEAL, C.C.S.M. REFERENCE | |
16 | Repeal |
17 | C.C.S.M. reference |
18 | Coming into force |