Section 7 (1) BEFORE amended by 2023-10-322, effective March 30, 2023 (Royal Assent).
(1) If land of an infant is subject to an uncertain encumbrance, and the person entitled to the encumbrance consents in writing to accept in place of the encumbrance a sum of money that the court thinks reasonable, or the permanent investment of a reasonable sum of money in a manner that the interest is made payable to the person entitled to the encumbrance during her or his life, the court may direct payment of the sum or the investment of the other sum of money out of the proceeds of the disposition of the land.
Section 8 (1) BEFORE amended by 2009-13-222, effective March 31, 2014 (BC Reg 148/2013).
(1) If it appears to the Public Guardian and Trustee that there are grounds for believing that a disposition of land in which an infant is interested is being made or is about to be made by a personal representative, official administrator or other person to the prejudice of the infant, the Public Guardian and Trustee may lodge a caveat with the proper registrar of titles prohibiting any dealing with or registration affecting the land until
(a) an order of the court is obtained approving of the disposition, or
Section 8 (2) (a) BEFORE amended by 2023-10-323, effective March 30, 2023 (Royal Assent).
(a) take the steps he or she considers necessary to protect the infant, and
Section 9 BEFORE amended by 2012-13-40, effective June 1, 2013 (BC Reg 290/2012).
9 If a notice to proceed has been delivered to the Public Guardian and Trustee under section 7 of the Limitation Act and it appears to the Public Guardian and Trustee that the guardian to whom that notice was delivered is failing to take reasonable steps to protect the interests of the disabled plaintiff or is otherwise acting to the prejudice of the disabled plaintiff, the Public Guardian and Trustee must
Section 12 BEFORE amended by 2011-25-370, effective March 18, 2013 (BC Reg 131/2012).
Public Guardian and Trustee has powers for maintenance and education
12 If the Public Guardian and Trustee is the guardian of the estate of an infant, he or she may, for any money or other property of the infant held by him or her or to his or her account, exercise for the benefit of the infant the powers conferred on trustees by section 24 of the Trustee Act and, without obtaining leave of the court, by section 25 of that Act.
Section 12 BEFORE amended by 2023-10-324, effective March 30, 2023 (Royal Assent).
Public Guardian and Trustee has powers for maintenance and education
12 If the Public Guardian and Trustee is the property guardian of an infant, he or she may, for any money or other property of the infant held by him or her or to his or her account, exercise for the benefit of the infant the powers conferred on trustees by section 24 of the Trustee Act and, without obtaining leave of the court, by section 25 of that Act.
Section 13 (1) BEFORE amended by 2023-10-325, effective March 30, 2023 (Royal Assent).
(1) The Public Guardian and Trustee, in his or her sole discretion, may authorize payment of all or part of the money in court to the credit of an infant for the infant's maintenance, education or benefit.
Section 15 BEFORE amended by 2023-10-326, effective March 30, 2023 (Royal Assent).
Solicitor's costs
15 If the Public Guardian and Trustee employs a barrister or solicitor in a proceeding about the property of an infant, the barrister or solicitor is entitled to receive from the infant's property, through the Public Guardian and Trustee, or otherwise, costs for his or her services that are usually allowed in a proceeding of a similar nature in the court.
Section 16 (1) (b) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(b) if the ward requests, pass his or her accounts as a guardian under the Rules of Court.
Section 16 (2) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(2) On termination of his or her guardianship of an infant for any other reason, the Public Guardian and Trustee, after deducting any commission, must pass his or her accounts under the Rules of Court.
Section 16 (1) (part) BEFORE amended by 2018-23-2(a), effective December 3, 2018 (BC Reg 154/2018).
(1) On termination of his or her guardianship of an infant because of the ward reaching 19 years of age, the Public Guardian and Trustee, after deducting any commission and settling the claims and liabilities of the property arising or accruing due before the ward's majority, must
Section 16 (1) and (2) BEFORE amended by 2023-10-327, effective March 30, 2023 (Royal Assent).
(1) Subject to subsection (3), on termination of his or her guardianship of an infant because of the ward reaching 19 years of age, the Public Guardian and Trustee, after deducting any commission and settling the claims and liabilities of the property arising or accruing due before the ward's majority, must
(a) pay or transfer the property of the ward to him or her on receiving his or her release, or
(b) if the ward requests, pass his or her accounts as a guardian under the Supreme Court Civil Rules.
(2) On termination of his or her guardianship of an infant for any other reason, the Public Guardian and Trustee, after deducting any commission, must pass his or her accounts under the Supreme Court Civil Rules.
Section 19 (1) BEFORE amended by 2023-10-328, effective March 30, 2023 (Royal Assent).
(1) Subject to this Part, a contract made by a person who was an infant at the time the contract was made is unenforceable against him or her unless it is
(a) a contract specified under another enactment to be enforceable against an infant,
(b) affirmed by the infant on his or her reaching the age of majority,
(c) performed or partially performed by the infant within one year after his or her attaining the age of majority, or
(d) not repudiated by the infant within one year after his or her reaching the age of majority.
Section 20 (3) (b) BEFORE amended by 2023-10-329(a), effective March 30, 2023 (Royal Assent).
(b) whether the infant induced any person to enter into the contract by misrepresenting his or her age,
Section 20 (4) (part) BEFORE amended by 2023-10-329(b), effective March 30, 2023 (Royal Assent).
(4) For the purposes of subsection (3) (b), an infant does not induce a person to contract with him or her on the basis of a misrepresentation as to his or her age
Section 21 (2) BEFORE amended by 2023-10-330, effective March 30, 2023 (Royal Assent).
(2) The court must not make an order under subsection (1) unless the court is satisfied that the order is for the benefit of the infant and that, having regard to the circumstances of the infant, he or she is not in need of the protection offered by law to infants in matters relating to contracts.
Section 22 (2) (b) BEFORE amended by 2023-10-331, effective March 30, 2023 (Royal Assent).
(b) the requirements of the infant, having regard to his or her particular circumstances,
Section 24 (b) BEFORE amended by 2023-10-331, effective March 30, 2023 (Royal Assent).
(b) imposes on an infant, because of his or her minority, any greater liability than that of a person of full capacity.
Section 26 (1) and (2) BEFORE amended by 2023-10-332, effective March 30, 2023 (Royal Assent).
(1) An adult party may, by notice in writing given within one year after an infant with whom he or she has entered a contract has reached the age of majority, request that person to affirm or repudiate the contract.
(2) If a person who receives a notice under subsection (1) fails, within 60 days, to affirm the contract, he or she is deemed to have repudiated it.
Section 27 BEFORE re-enacted by 2023-10-333, effective March 30, 2023 (Royal Assent).
Repudiation generally
27 An adult who, at the time he or she entered a contract, was an infant, is deemed to repudiate that contract if
(a) he or she refuses to perform the contract or a material term of it,
(b) he or she has made a claim for relief under section 20, or
(c) he or she gives, or makes reasonable efforts to give, oral or written notice of repudiation to another party to the contract
within one year after he or she reaches the age of majority.
Section 28 (a) and (c) BEFORE amended by 2011-25-371, effective March 18, 2013 (BC Reg 131/2012).
(a) if the infant usually resides with both parents and the parents have a common domicile, that domicile,
(c) if the infant usually resides with a person who is not a parent of the infant and that person has lawful custody of the infant, that person's domicile, or
Sections 29 to 31 BEFORE repealed by 2011-25-372, effective March 18, 2013 (BC Reg 131/2012).
Marriage settlements
29 (1) An infant on, or in contemplation of, his or her marriage, with the approval of the court, may make a valid and binding settlement or contract for a settlement of all or part of his or her property of any kind, or property over which he or she has a power of appointment.
(2) A disposition, including an appointment, of the property or a contract to make a disposition or appointment, executed by the infant, with the approval of the court is, for the purpose of giving effect to the settlement, as effectual as if the person executing the disposition or contract were of full age.
(3) This section does not extend to a power that is expressly declared not to be exercised by an infant.
Death of infant
30 If an appointment under a power of appointment is executed under section 29 (2) by an infant, and the infant afterwards dies under age, the appointment becomes void.
Court's approval
31 (1) The approval of the court to any marriage settlement or contract for a settlement may be given, on petition presented by the infant or his or her guardian, in a summary way.
(2) If there is no guardian, the court may require a guardian to be appointed if it thinks fit.
(3) The court may, if it thinks fit, require that any person interested or appearing to be interested in the property be served with notice of the petition.
Section 32 BEFORE re-enacted by 2023-10-334, effective March 30, 2023 (Royal Assent).
Leases: renewal for benefit of infant
32 (1) If a person, being under the age of 19 years, is or becomes entitled to a lease made or to be made for the life or lives of one or more persons, or for any term of years, it is lawful for the person under the age of 19 years, or for his or her guardian or other person on his or her behalf, to apply to the court by petition in a summary way.
(2) By the order of the court the infant, his or her guardian, or a person appointed in the place of the infant by the court, may by deed surrender the lease and accept, in its place and for the benefit of the person under the age of 19 years, a new lease of the premises comprised in the lease surrendered for the number of lives or for the term of years as provided in the lease surrendered, or otherwise, as the court directs.
Section 35 BEFORE amended by 2023-10-331, effective March 30, 2023 (Royal Assent).
Renewal of leases by infants
35 If a person under 19 years of age might, under a covenant or agreement, if not under disability, be compelled to renew a lease made or to be made for the life or lives of one or more persons, or for any term of years, the infant or his or her guardian in the infant's name, by the direction of the court by order made on a summary application of the infant, guardian or any person entitled to the renewal, may accept a surrender of the lease and make a new lease of the same premises, for the number of lives, the term or otherwise as the court directs.
Section 36 (1) BEFORE amended by 2023-10-331, effective March 30, 2023 (Royal Assent).
(1) If a person under 19 years of age holds or is entitled to land or to leasehold land for an absolute interest, and it appears to the court to be for the person's benefit that a lease be made of the property for a term of years, to encourage the erection of buildings on the land, to repair buildings on it, to work mines, or to otherwise improve the land, or for farming or other purposes, the infant or his or her guardian in the infant's name, by the order of the court made on a summary application of the infant or his or her guardian, may lease the land or a part of it, to the extent of his or her interest in it, for the term and subject to the rents and covenants the court directs.
Section 39 (a) BEFORE amended by 2023-10-331, effective March 30, 2023 (Royal Assent).
(a) if the renewal is by or for an infant, to his or her guardian, to be disposed of for the infant's benefit, as the court directs, or
Section 40 (1) BEFORE renumbered to (1.1) by 2006-11-7(a), effective July 1, 2006 (BC Reg 159/2006).
(1) A guardian may make a binding agreement for an infant,
(a) if the agreement involves a consideration not greater than $10 000, with the consent of the Public Guardian and Trustee, or
(b) in a case other than one referred to in paragraph (a), with the approval of the court by order made on the petition of a party to the agreement.
Section 40 (2) and (3) BEFORE amended by 2006-11-7(c), effective July 1, 2006 (BC Reg 159/2006).
(2) Subsection (1) does not apply to an agreement to settle a claim by an infant for unliquidated damages.
(3) An agreement to indemnify a person as a result of the person making an agreement with another person for an infant is void unless consented to or approved under subsection (1).
Section 41 (1) BEFORE amended by 2011-25-373, effective March 18, 2013 (BC Reg 131/2012).
(1) Section 40 does not apply to any settlement or contract referred to in section 29, or to a lease, surrender or renewal of a lease referred to in sections 32 to 39.
Section 42 BEFORE renumbered as 42 (2) by 2006-11-8(a), effective July 1, 2006 (BC Reg 159/2006).
42 If under section 40 the Public Guardian and Trustee refuses to give consent, or unreasonably delays providing written comments under section 40 (10), a party may on 10 days' notice in writing to the Public Guardian and Trustee apply to the court for approval of the proposed agreement or order, and the court may direct the Public Guardian and Trustee to state his or her reasons for the refusal or delay.
Section 42 (2) BEFORE amended by 2023-10-335, effective March 30, 2023 (Royal Assent).
(2) If under section 40 the Public Guardian and Trustee refuses to give consent, or unreasonably delays providing written comments under section 40 (10), a party may on 10 days' notice in writing to the Public Guardian and Trustee apply to the court for approval of the proposed agreement or order, and the court may direct the Public Guardian and Trustee to state his or her reasons for the refusal or delay.
Section 47 BEFORE amended by 2011-25-374, effective March 18, 2013 (BC Reg 131/2012).
Contingent remainders to posthumous children
47 If any property is, by any marriage or other settlement, limited in remainder in trust for the first or other son or a daughter of a named person, with any remainder over to any other person, the person's son or daughter born after the death of his or her father may take the property so limited to the first or other son, or to the daughter, in the same manner as if born in the lifetime of his or her father.
Section 48 (1) BEFORE amended by 2010-6-56, effective July 1, 2010.
(1) In a proceeding against an infant, whether resident in British Columbia or not, service of the originating process must be made by serving it on a parent or guardian resident in British Columbia.
Section 48 (1) BEFORE amended by 2011-25-375, effective March 18, 2013 (BC Reg 131/2012).
(1) In a proceeding against an infant, whether resident in British Columbia or not, service of the pleading or petition by which the proceeding was commenced must be made by serving it on a parent or guardian resident in British Columbia.
Section 50 BEFORE repealed by 2011-25-372, effective March 18, 2013 (BC Reg 131/2012).
Appointment of guardian
50 (1) A parent may appoint, by deed if under age, otherwise by deed or will, a guardian to act in his or her place on his or her death as guardian of an infant child under 19 years.
(2) If either parent dies, the surviving parent may by will transfer part or all of his or her rights and duties to custody, control and management of their infant child's property, but not the infant's services and earnings, to a suitable person.