B.C. Reg. 312/2000
O.C. 1265/2000		 Deposited September 12, 2000
effective October 2, 2000
This archived regulation consolidation is current to April 1, 2005 and includes changes enacted and in force by that date. For the most current information, click here.

 Public Guardian and Trustee Act

PUBLIC GUARDIAN AND TRUSTEE FEES REGULATION

[includes amendments up to B.C. Reg. 475/2003]

Definition

1 In this regulation, "security" includes

(a) a stock or bond,

(b) a warrant, option or right to purchase a security,

(c) a security future, currency future, future option or forward contract,

(d) a mortgage,

(e) a financial instrument, security instrument or derivative instrument,

(f) a mutual fund unit, investment fund unit or similar instrument, and

(g) any other property similar to one referred to in paragraphs (a) to (f).

Fees

2 (1) For a duty or service described in Column 1 of the Fee Schedule, the party named in Column 3 must pay to the Public Guardian and Trustee, at the time specified in Column 4, the fee specified in Column 2 opposite the applicable duty or service.

(2) In relation to a duty or service described in item 10 (a) of the Fee Schedule, the requirement of subsection (1) of this section to pay the fee specified in Column 2 opposite that duty or service is subject to section 26 of the Representation Agreement Act.

Reductions and refunds

3 If satisfied that hardship or unfairness will result from payment of a fee, the Public Guardian and Trustee may excuse or refund a fee, despite section 2.

Power to delegate

4 The Public Guardian and Trustee may delegate the functions in section 3 to other persons in the office of the Public Guardian and Trustee.

Fee Schedule

[en. B.C. Reg. 83/2003; am. B.C. Reg. 475/2003.]

Column 1
Duty or Service		 Column 2
Fee		 Column 3
By Whom
Payable		 Column 4
When
Payable
1 Adult Guardianship Act:
Acting under a support and
assistance order under section 56
 
 
(i) 1% of the value of cash received as capital,
plus
 
 
The adult's estate		  
 
On receipt
(ii) 5% of cash received as income,
plus
The adult's estate On receipt
(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,
plus
The adult's estate Monthly
(iv) 1% of the gross value of all assets. The adult's estate On termination of the support and assistance order
2 Community Care Facility Act:
Examining an application for
consent under section 17 (2) (d) and 17 (2) (f).		 $100 The applicant On making the application
3 Employment Standards Act:
Administering money in trust for a child under the conditions of employment set under section 9 (3) of the Act or section 45.14 of the Employment Standards Regulation, B.C. Reg. 396/95.		  
(i) 5% of the amount received and 5% of the income earned on it,
plus
 
The trust fund		  
On receipt
(ii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets. The trust fund Monthly
4 Estate Administration Act:
(a) Acting as representative of estate under section 9 (1) (b) or 59 to 61		  
$300		  
The party seeking the appointment		  
Before the appointment becomes effective
(b) Reviewing an application to the court under section 7 or 41 and providing comments $150 The applicant On service of notice
(c) Examining a notice under section 112 $300 The applicant On service of notice
(d) Administering the estate of a deceased person or acting under section 51
(i) (A) 3% of gross value of real property conveyed to beneficiary or heir,
plus
The estate, if funds available, otherwise the beneficiary or heir Before the conveyance
(B) 5% of gross sale price of real property sold by agent,
plus
The estate On receipt of proceeds
(C) 7% of gross sale price of real property sold without agent,
plus
The estate On receipt of proceeds
(D) 7% of cash received other than the sale of real property,
plus
The estate On receipt
(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,
plus
The estate On commencement of administration and on recognition of capital growth
(F) 7% of the gross value of other personal property,
plus
The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and the funds are not available from the estate On receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate
(G) If the sum of the amounts payable under clauses (A) through (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F))
plus
The estate, if the funds available, otherwise the beneficiary or heir On demand of payment
(ii) 5% of income earned by estate,
plus
The estate On receipt
(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.
plus
The estate Monthly
(iv) $75 per hour for staff time spent identifying, locating and proving heirs. The estate On demand of payment
5 Estates of Missing Persons Act:
Administering the estate of a
missing person
(i) 3% of gross sale price of real property sold by agent,
plus
 
The estate		  
On receipt of proceeds
(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,
plus
The estate On receipt
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,
plus
The estate On commencement of administration and on recognition of capital growth
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,
plus
The estate Monthly
(v) 5% of gross value of assets other than securities. The estate On termination of curatorship
6 Infants Act:
(a) Performing services under
section 2		 $250 The applicant On completion of the transaction
(b) Examining application under section 21 $200 The applicant On service of application
(c) Examining application under section 22 $250 The applicant On service of application
(d) Examining an application for the Public Guardian and Trustee's consent under section 40 (1) (a) $200 The applicant On service of application
(e) Examining other applications under section 40 (i) $100, if the proposed amount is not over $1 500; The applicant On service of application
(ii) $250, if the proposed amount is over $1 500 but not over $5 000; The applicant On service of application
(iii) $300, if the proposed amount is over $5 000 but not over $10 000; The applicant On service of application
(iv) $500, if the proposed amount is over $10 000 but not over $15 000; The applicant On service of application
(v) $750, if the proposed amount is over $15 000 but not over $50 000; The applicant On service of application
(vi) $1 250, if the proposed amount is over $50 000 but not over $100 000; The applicant On service of application
(vii) $2 000, if the proposed amount is over $100 000 but not over $500 000; The applicant On service of application
(viii) $3 000, if the proposed amount is over $500 000; The applicant On service of application
(xi) $250 for a consent to dismissal The applicant On service of application
(f) Examining documents or applications under section 49 $250 Party adverse to infant On service of documents or application
7 Limitation Act:
Responding to notice under section 7		  
$500		  
Person serving notice		  
On service of notice
8 Patients Property Act:
(a) Responding to a notice of application under section 7		   $500  
The applicant		  
On service of notice of application
(b) Attending to passing of accounts under section 10 or 13: (i) $125, for each 12 months reviewed, if the gross value of patient’s assets is over $25 000 but not over $100 000; Patient's estate On presentation of accounts for passing
(ii) $250, for each 12 months reviewed, if the gross value of patient’s assets is over $100 000 but not over $300 000; Patient's estate On presentation of accounts for passing
(iii) $325, for each 12 months reviewed, if the gross value of patient’s assets is over $300 000 but not over $500 000; Patient's estate On presentation of accounts for passing
(iv) $500, for each 12 months reviewed, if the gross value of patient’s assets is over $500 000; Patient's estate On presentation of accounts for passing
 
(c) Examining an application under section 12 (i) $200, if there is a court application for discharge of committee; Patient's estate On receipt of application
(ii) $50, for review of documentation on death of patient, if there is no court application Patient's estate On receipt of application
(d) Examining an application under section 28 $300 Patient's estate On receipt of application
(e) Acting as committee of the estate of a patient:
(i) 3% of gross sale price of real property sold by an agent,
plus
The estate On receipt of proceeds
(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,
plus
The estate On receipt
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,
plus
The estate On commencement of administration and on recognition of capital growth
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,
plus
The estate Monthly
(v) 5% of the gross value of all assets other than securities The estate On demand of payment
  (f) Acting under section 24 as committee of the estate of a patient after patient's death $100 per month or pro-rated portion of it The estate Monthly commencing on the death of a patient until the receipt of a copy of the grant of letters probate of the will or letters of administration of the estate of the patient.
9 Public Guardian and Trustee Act:
(a) Acting under section 6 as
executor, trustee, attorney		  
 
(i) 3% of gross sale price of real property sold by an agent,
plus
 
 
The trust fund or estate		  
 
On receipt of proceeds
(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,
plus
The trust fund or estate On receipt
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value
plus
The trust fund or estate On commencement of administration and on recognition of capital growth
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,
plus
The trust fund or estate Monthly
(v) 5% of gross value of assets other than securities The trust fund or estate On demand of payment
(b) Acting under section 7 as litigation guardian $350 The infant On demand of payment
(c) Making investigation and audit under section 17 (1) (i) $125, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is not over $100 000; The trust fund or estate On demand of payment
(ii) $200, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $100  000 but not over $250 000; The trust fund or estate On demand of payment
(iii) $250, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $250 000 but not over $375 000; The trust fund or estate On demand of payment
(iv) $300, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $375 000 but not over $500 000; The trust fund or estate On demand of payment
(v) $350, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $500 000 but not over $600 000; The trust fund or estate On demand of payment
(vi) $400, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $600 000 The trust fund or estate On demand of payment
10 Representation Agreement Act:
(a) Acting as a representative under section 5 or an alternate representative under section 6 		 
 
(i) 3% of the gross sale price of real property sold by an agent,
plus
 
 
The adult's estate		  
 
On receipt
(ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
The adult's estate On receipt
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,
plus
The adult's estate On commencement of administration and on recognition of capital growth
(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,
plus
The adult's estate Monthly
(v) 5% of the gross value of assets other than securities; The adult's estate On termination of administration
(b) Investigating, under section 30 (3) or 31, an objection about financial abuse. (i) $125, if the gross value of the adult's assets is not over $100 000; The adult's estate On demand of payment
(ii) $200, if the gross value of the adult's assets is over $100 000 but not over $250 000; The adult's estate On demand of payment
(iii) $250, if the gross value of the adult's assets is over $250 000 but not over $375 000; The adult's estate On demand of payment
(iv) $300, if the gross value of the adult's assets is over $375 000 but not over $500 000; The adult's estate On demand of payment
(v) $350, if the gross value of the adult's assets is over $500 000 but not over $600 000; The adult's estate On demand of payment
(vi) $400, if the gross value of the adult's assets is over $600 000. The adult's estate On demand of payment
11 Residential Tenancy Regulation:
Receiving money under section 17 of B.C. Reg. 125/2001		  
5% of the amount received and 5% of income earned on it.		  
The fund		  
On receipt
12 Trust and Settlement Variation Act:
Examining application under section 3		 $750 The applicant On service of application
13 Wills Variation Act:
Examining Writ of Summons under section 3		 $100 The plaintiff On service of writ
Reviewing and commenting on a proposed settlement of a wills variation action $500 The plaintiff On demand of >payment

* section 4 (d) (iv) of the Fee Schedule is effective July 1, 2003

Note: this regulation replaces B.C. Reg. 64/2000.

 

[Provisions of the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, relevant to the enactment of this regulation: section 23]

Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada