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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 |