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The Public Guardian and Trustee Act

S.M. 2013, c. 46

Bill 36, 3rd Session, 40th Legislature

The Public Guardian and Trustee Act

PART 1
DEFINITIONS
1 Definitions
PART 2
THE PUBLIC GUARDIAN AND TRUSTEE
2 Corporation sole continued
3 Appointment of Public Guardian and Trustee
4 Employees may be appointed
PART 3
FUNCTIONS OF THE PUBLIC GUARDIAN AND TRUSTEE
DIVISION 1
GENERAL
5(1) Ways in which the Public Guardian and Trustee may act
(2) Additional ways in which the Public Guardian and Trustee may act
(3) Public Guardian and Trustee may agree to act
(4) Public Guardian and Trustee as trustee
(5) Public Guardian and Trustee's consent required to act as joint trustee
(6) Public Guardian and Trustee not required to act
6(1) When Public Guardian and Trustee may not act as litigation guardian
(2) When Public Guardian and Trustee may be appointed litigation administrator
(3) Public Guardian and Trustee not to oppose application
DIVISION 2
ESTATES OF DECEASED PERSONS
7(1) Public Guardian and Trustee may administer estate
(2) When application may be made
(3) Public Guardian and Trustee may notify others
(4) Renunciation not required
(5) When this section applies
8(1) Revoking the grant
(2) Public Guardian and Trustee not to oppose application
(3) Notice
9 Public Guardian and Trustee as executor or administrator of estate
10(1) Administration of small estates
(2) Evidence of Public Guardian and Trustee's administration
(3) No fee is payable
11 Minimal property left
12 Costs recoverable from estate
13 Public Guardian and Trustee deemed to be executor or administrator during committeeship
DIVISION 3
MINORS
14(1) Settlement on behalf of minor
(2) Who must be served
(3) Order binding
(4) Payment of settlement proceeds
(5) Public Guardian and Trustee may appeal
(6) Public Guardian and Trustee's costs
15(1) Public Guardian and Trustee holds property in trust for minor
(2) Instrument prevails
(3) Using property for minor's benefit
(4) Converting property
(5) Acknowledgment of responsibility
(6) Public Guardian and Trustee's responsibility discharged
(7) Parent or guardian holds property in trust
(8) Application to court
16(1) Court order to transfer property to another jurisdiction
(2) Meaning of "equivalent entity"
DIVISION 4
MISCELLANEOUS MATTERS
17 Public Guardian and Trustee's priority for administration in certain cases
18(1) Registered owner of land or interest in land
(2) Notice to be submitted
(3) Other instruments, etc., subject to notice
(4) Registered notice may be discharged
(5) Notice or discharge requirements
19(1) Requirement to provide information
(2) Duty to comply
(3) Definitions
20 Delegation of authority
21(1) Power to make advances
(2) Priority over unsecured creditors
PART 4
INVESTMENTS
22(1) Common fund established
(2) Property may be converted and paid into common fund
(3) Exception
(4) Fees and expenses of Public Guardian and Trustee
(5) Allotting income
23 Investment with Minister of Finance
24(1) Investment in common
(2) Interests in common
25 Separate investments
26 Deposits pending investment
PART 5
SECURITY, COMPENSATION, FEES, COSTS AND LIABILITY
27 Security not required
28 Public Guardian and Trustee may charge fee as compensation
29 Fee charged for employee services performed for a specific estate
30 Fees may be reduced or waived
31 Interim deductions
32(1) Public Guardian and Trustee may be awarded costs
(2) Public Guardian and Trustee not liable for costs
33 Fees — application appointing Public Guardian and Trustee
34 Money required to discharge liability
PART 6
GENERAL PROVISIONS
35(1) Audit
(2) Annual audit of estates or trusts
(3) Tabling reports in the Assembly
36(1) Annual report
(2) Requirements for report
(3) Tabling report in the Assembly
37 Protection from liability
38(1) Regulations
(2) Regulation may establish classes
PART 7
SUCCESSOR AND TRANSITIONAL PROVISIONS AND RELATED AND CONSEQUENTIAL AMENDMENTS
39 Appointment continued
40 Vesting of property
41 Proceedings, etc., continued
42 References
43 Common fund continued
44 C.C.S.M. c. C290 amended
45(1) C.C.S.M. c. M110 amended
(2)
(3)
62.1(1) Public Guardian and Trustee may apply to court to cancel order
(2) Notice to the director
(3) Order
(4)
(5.1) More than one attorney
(5)
(9) Objection, application to court
(6)
(7)
46 Consequential amendments
PART 8
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
47 Repeal
48 C.C.S.M. reference
49 Coming into force