Rule 2 (1) BEFORE amended by BC Reg 145/2010, effective July 1, 2010.
(1) All applications under the Act shall be governed by the Supreme Court Rules.
Rule 3 (1) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
Security may be varied
(1) The amount of security to be given by a committee for the due performance of his duties may be varied by the court.
Rule 4 (1) and (4) to (8) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
Time and place of passing
(1) Upon application by a committee at any time, or upon deciding that the accounts of a committee should be passed before him under section 10 of the Act, the Public Trustee may appoint the time and place for the passing of accounts by a committee.
Consent and Waiver
(4) Where each person directed to be served under Rule 4 (2) either delivers a Consent and Waiver to the Public Trustee or fails to advise him that he intends to appear on the passing of accounts as in the notice directed, the Public Trustee may take, audit and pass the accounts of the committee and fix his remuneration at such time, with or without the formal attendance of the committee, as the Public Trustee and the committee may agree.
Attendance of committee
(5) The Public Trustee may require a committee to appear before him and give evidence on the passing of his accounts, and should the committee fail to appear as required, the Public Trustee may apply to the Court for an order compelling the attendance of the committee.
Evidence at passing of accounts
(6) At a passing of accounts before him, the Public Trustee may hear such evidence as he deems proper and adjourn the passing from time to time.
Certificate of results
(7) The Public Trustee shall issue a certificate to the committee setting forth his findings on the passing of accounts and the amount of remuneration of the committee.
Passing before registrar
(8) Where for purposes of convenience or otherwise the Public Trustee directs that the committee shall pass his accounts before a registrar, he shall notify the committee and the registrar in writing, and the committee shall forthwith apply to the registrar for an appointment to pass accounts, and the registrar shall issue the appointment and proceed with the accounting according to the Act and these rules. The committee shall serve a copy of the appointment upon the Public Trustee 5 days prior to the day fixed by the registrar for the accounting.
Rule 7 (2) BEFORE amended by BC Reg 145/2010, effective July 1, 2010.
(2) Where accounts are presented to the registrar for passing, he shall proceed in accordance with the Rules of Court and has all the powers with respect thereto as though he were passing the accounts pursuant to an order of the court.
Rule 7 (1) (a) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
(a) filing a notice of appeal according to Form 6 in the Appendix with a registrar in the county in which he was appointed committee,
Rule 7 (2) and (3) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
Proceeding before registrar
(2) Where accounts are presented to the registrar for passing, he shall proceed in accordance with the Supreme Court Civil Rules and has all the powers with respect thereto as though he were passing the accounts pursuant to an order of the court.
Report by Public Trustee
(3) Whenever an appeal is taken from the findings of the Public Trustee, the Public Trustee may file a report with the registrar or the court appealed to with respect to the reasons for his findings on the passing of accounts, but he shall provide a copy of such report to the committee and all persons served by the committee under Rule 7 (1).
Rule 8 (1), (3) and (4) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
Deposit of patient's documents with Public Trustee
(1) A person having in his possession or control a deed, document, certificate, writing or testamentary document belonging to or executed by a patient, or to which a patient is entitled, shall, upon a direction of the court, deposit it with the Public Trustee or deal with it in the manner directed by the court.
Disposition of documents by Public Trustee
(3) The Public Trustee may, upon being satisfied that a patient has died, open and read any document deposited in his office under these rules, and thereafter deliver the document to the person lawfully entitled to it or otherwise deal with it in a proper and lawful manner.
Inquiry re documents
(4) The court may inquire whether any person has in his possession or under his control or has any knowledge of any deed, document, certificate, writing or testamentary document belonging to or executed by a patient or to which a patient is entitled, and may require any person to answer the inquiry upon oath, and if necessary appear before the court or the Public Trustee for examination.
Rule 9 (4) BEFORE amended by BC Reg 145/2010, effective July 1, 2010.
(4) Costs of proceedings under the Act and these rules shall be taxed and allowed in accordance with the Rules of Court.
Rule 9 (2) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
Attendance of patient
(2) The court may require the personal attendance of a patient or of a person who is the subject of an application upon the hearing of an application made under the Act, or may visit the patient or person or direct that he be visited by the registrar or some other designated person.
Appendix, Form 3 (parts) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
1 I am the husband (or wife, or brother, or as the case may be) of the above-named A.B.
5 A.B. is now at the .................... Mental Hospital. He was taken there on the .................... day of ...................., 20..... (or is residing at ....................).
(Set out similarly any other property to which A.B. is entitled and particulars of his entitlement).
Appendix, Form 3, Schedule, Part III BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
| Part III: | Property of which A.B. is tenant for life or other property to which he is entitled. |
Appendix, Form 5 (part) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
TAKE NOTICE that the Public Trustee has set (date) at (time), at his office at ...................., as the time and place for the passing of the accounts of C.D., as Committee of A.B., from .................... to ...................., and for the fixing of remuneration to be paid to C.D. for his services as Committee.
Appendix, Form 6 (part) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
C.D., the Committee of A.B., appeals the findings of the Public Trustee on the passing of his accounts from .................... to .................... as set forth in the certificate of the Public Trustee dated the .................... day of ...................., 20.....
Appendix, Form 7 (part) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.
I hereby appoint .................... (date) at .................... (time), at my office at the Courthouse, ............................., B.C., as the time and place for passing the accounts of C.D., as Committee of A.B., from .................... to ...................., and fixing the remuneration of C.D., as Committee. This hearing is an appeal from the findings of the Public Trustee, set forth in his certificate dated the .................... day of ...................., 20......