3rd Session, 40th Legislature
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Bill 36
THE PUBLIC GUARDIAN AND TRUSTEE ACT
Section |
Table of Contents |
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 | |
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 |
SCHEDULE |