"Point in Time" Act and Supplement Content

PUBLIC GUARDIAN AND TRUSTEE ACT
[RSBC 1996] CHAPTER 383

Section 1 definition of "board" BEFORE repealed by 2002-63-18 effective October 31, 2002 (Royal Assent).

"board" means the Advisory Board appointed under section 4;

Section 4 BEFORE repealed by 2002-63-19 effective October 31, 2002 (Royal Assent).

Advisory Board

4 (1) To ensure the public interest is served, the Lieutenant Governor in Council must appoint an Advisory Board to provide advice and make recommendations to the Public Guardian and Trustee about the matters specified in subsections (3) and (4) and in section 27 (2), (5) and (6).

(2) The board is to consist of not less than 6 and not more than 12 members selected by the Lieutenant Governor in Council to reflect the cultural, geographic and diverse needs of the people served by the office of the Public Guardian and Trustee.

(3) The Public Guardian and Trustee may consult with the board about general policy, the delivery of services and other matters relating to the functions of the office.

(4) The board may make general policy recommendations to the Public Guardian and Trustee about the strategic direction, the functions and the effectiveness of the delivery of services by the office of the Public Guardian and Trustee.

(5) The Public Guardian and Trustee must provide all information necessary to the board to enable it to fulfill the board's advisory function, unless the release of the information would conflict with the Public Guardian and Trustee's duty to maintain confidentiality.

(6) The board may report to the Attorney General from time to time on matters relating to the functions and performance of the office of the Public Guardian and Trustee.

(7) The members of the board are entitled to be paid an allowance for reasonable travelling and incidental expenses necessarily incurred in carrying out the business of the board.

(8) In addition, the members of the board, other than those appointed under the Public Service Act, may be paid for their services an amount that the Lieutenant Governor in Council determines.

Section 6.1 was added by 2003-37-41 effective May 29, 2003 (Royal Assent).

Section 8 BEFORE repealed by 2002-33-13 effective February 28, 2003 (BC Reg 34/03).

8 If acting as trustee under section 6 (b) or as guardian under section 7 (1), the Public Guardian and Trustee must comply with the Trustee Act unless this Act, a court order or an instrument that provides for the Public Guardian and Trustee's appointment as trustee or guardian provides otherwise.

Section 14(a) BEFORE repealed by 2002-33-14 effective February 28, 2003 (BC Reg 34/03).

(a) may be registered, despite section 20 of the Trustee Act, in the name of a bank or trust company or the nominee of either, as long as it is apparent that the Public Guardian and Trustee is the beneficial owner, and

Section 16(2)(a) BEFORE amended by 2001-2-24 effective March 29, 2001 (Royal Assent).

(a) is a first lien or charge in favour of the government on all the property and assets of the estate of the person to whom the loan is made, and

Section 18(2) BEFORE amended by 2001-2-25 effective March 29, 2001 (Royal Assent).

(2) In addition to any powers given in another Act, in making an investigation or audit under section 17, the Public Guardian and Trustee may

(a) require the trustee, attorney, representative, decision maker or guardian to produce any accounts, securities or other records,

(b) require a person, institution, or other body having records or knowledge of the financial affairs, business or assets of the young person or adult to produce any accounts, securities or other records,

(c) inspect and copy the accounts, securities and other records produced, and

(d) require the trustee, attorney, representative, decision maker, monitor or guardian to provide any report, information and explanations the Public Guardian and Trustee considers necessary to the investigation or audit.

Section 18(3)(a) BEFORE amended by 2001-2-26 effective March 29, 2001 (Royal Assent).

(a) must comply, and

Section 22(1) and (4) BEFORE amended by 2002-63-20 effective October 31, 2002 (Royal Assent).

22 (1) After consulting with the board, the Public Guardian and Trustee must deliver to the Attorney General, for approval, a service delivery plan not later than 3 months before the beginning of each fiscal year.

(4) After consulting with the board, the Public Guardian and Trustee may modify the service delivery plan at any time with the approval of the Attorney General and Treasury Board.

Section 23(1.1) was added by 2003-37-42(a) effective May 29, 2003 (Royal Assent).

Section 23(2)(b.1) and (b.2) were added by 2003-37-42(b) effective May 29, 2003 (Royal Assent).

Section 23(5) and (6) BEFORE repealed by 2003-37-42(c) effective May 29, 2003 (Royal Assent).

(5) In addition, the Public Guardian and Trustee may make a reasonable charge for any service that

(a) is performed by an officer or employee of the Public Guardian and Trustee in connection with an estate or trust administered or managed by the Public Guardian and Trustee, and

(b) is one for which a charge would be made if performed by a person retained or employed to perform that service by a private trustee.

(6) An amount charged by the Public Guardian and Trustee under subsection (5) is a disbursement for the purpose of the estate or trust.

Section 25(3)(d) BEFORE amended by 2003-2-39 effective April 4, 2003 (BC Reg 160/03).

(d) the Auditor General's report on the statement referred to in paragraph (c).

Section 26(1) BEFORE amended by 2003-2-40 effective April 4, 2003 (BC Reg 160/03).

(1) The Auditor General must

(a) audit annually the financial statements of the office of the Public Guardian and Trustee, and

(b) report on the Public Guardian and Trustee's statement under section 25 (3) (c).

Section 26(1.1) was added by 2003-2-40 effective April 4, 2003 (BC Reg 160/03).

Section 27(1) to (3) and (6) BEFORE repealed by 2002-63-21 effective October 31, 2002 (Royal Assent).

Evaluation

27 (1) The Public Guardian and Trustee must arrange for

(a) periodic independent evaluations of the effectiveness of the Adult Guardianship Act, the Health Care (Consent) and Care Facility (Admission) Act, the Representation Agreement Act and this Act, and the regulations, policies and procedures enacted or developed under those Acts and this Act, and

(b) the preparation of interim and final reports on each evaluation.

(2) Before arranging for an evaluation, the Public Guardian and Trustee must consult with the board about the evaluation plan.

(3) An evaluation must be done after the first 3 years of operation of the office of the Public Guardian and Trustee and every 5 years after that.

(6) After consulting with the board about the results of an evaluation, the Public Guardian and Trustee must present the evaluation report and the Public Guardian and Trustee's response to the Attorney General within 12 months after the end of the period under evaluation.

Section 27.1 was added by 2000-9-48 effective March 2, 2001 (BC Reg 44/01).

Section 27.1 BEFORE amended by 2003-9-22 effective March 31, 2003 (BC Reg 149/03).

27.1 (1) If a person who has a legal or equitable interest in all or part of money held by the Public Guardian and Trustee on behalf of a person or estate does not claim the money within the applicable period prescribed for the purposes of this section, the Public Guardian and Trustee must pay the money to the Minister of Finance and Corporate Relations.

(2) Money paid to the Minister of Finance and Corporate Relations under subsection (1) is deemed to be an unclaimed money deposit under the Unclaimed Property Act.

Section 27.1(1) was added [following the original (1) being renumbered (1.1)] by 2003-9-22(b) effective March 31, 2003 (BC Reg 149/03).

Section 28(2)(b) BEFORE repealed by 2002-33-15(a) effective February 28, 2003 (BC Reg 34/03).

(b) authorizing the Public Guardian and Trustee to invest in investments that are not authorized under the Trustee Act but that a prudent person would make;

Section 28(2)(e.1) was added by 2000-9-49 effective March 2, 2001 (BC Reg 44/01).

Section 28(3) was added by 2000-9-49 effective March 2, 2001 (BC Reg 44/01).

Section 28(3) was added by 2001-2-27 [expect am to renumber as (4)] effective March 29, 2001 (Royal Assent).

Section 28(3) BEFORE renumbered by 2002-63-22 effective October 31, 2002 (Royal Assent). 

(3) Despite any rule of law that prohibits a trustee from delegating powers or duties or from relying on investment advice, the investments that may be authorized under subsection (2) (b) include, but are not limited to, investments in mutual funds.

Section 28(4) [after having been renumbered as (4) (see above)] BEFORE repealed by 2002-33-15(b) effective February 28, 2003 (BC Reg 34/03).

(4) Despite any rule of law that prohibits a trustee from delegating powers or duties or from relying on investment advice, the investments that may be authorized under subsection (2) (b) include, but are not limited to, investments in mutual funds.

Section 27(4) and (5) of the Supplement BEFORE repealed by 2002-63-23 effective October 31, 2002 (Royal Assent).

(4) Each evaluation must include an assessment of

(a) the general public perception of the effectiveness of the Acts referred to in subsection (1) (a),

(b) the levels of satisfaction among adults, agencies and organizations who receive or deliver services under those Acts,

(c) the achievement of the objectives and other ways of achieving those objectives,

(d) the impact of unintended results, and

(e) the cost effectiveness of the service delivery mechanisms.

(5) After consulting with the board about the interim findings of an evaluation, the Public Guardian and Trustee may

(a) modify the evaluation plan, and

(b) present the interim findings and recommendations to the Attorney General.

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