1990, c. P.51, s. 9 (5, 6). 18, s. 1). (4) If the Public Guardian and Trustee acts as a director of a corporation on behalf of a deceased person’s estate or a mentally incapable person, the Public Guardian and Trustee may obtain an indemnity from the estate of the deceased or mentally incapable person against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a director of the corporation if he or she has acted honestly and in good faith with a view to the best interests of the corporation. 1990, c. P.51, s. 16; 1992, c. 32, s. 25 (2). Mr. Goodman oversees the delivery of operations by the Office of the Public Guardian and Trustee through its three-hundred staff in six local offices located throughout the … 2, s. 62 (1). 2, s. 62 (3). R.S.O. (8) This section applies despite anything in the (f.1) prescribing an amount for the purposes of subsection 10 (3); (g) for constituting a committee for the purposes of section 13.1 and to advise the Public Guardian and Trustee generally on investments and other property management issues; (h) for constituting a committee to advise the Public Guardian and Trustee generally on guardianship matters; (i) for constituting committees to advise the Public Guardian and Trustee generally on other matters; (j) for providing for the remuneration, by fees or otherwise, of the members of the advisory committees; (k) establishing criteria for determining hardship for the purposes of subsection 8 (3.2). Fees and commissions charged by the PGT are established by the BC government under the Public Guardian and Trustee Act and are set out in the Public Guardian and Trustee Fees Regulation. (1.2) The Public Guardian and Trustee is entitled to be reimbursed for expenses incurred by the Public Guardian and Trustee or his or her employees or agents in respect of services rendered and things done under this or any other Act. Application of Public Inquiries Act, 2009. 10.3 (1) For the purpose of identifying and locating minors and other persons who may be entitled to assets held by the Accountant of the Superior Court of Justice, the Public Guardian and Trustee is entitled to collect personal information from any source and to retain, use and disclose the personal information. var _s = document.createElement("script"); 9 (1) All fees, and other income of the office of every description shall be paid by the Public Guardian and Trustee into a separate account as prescribed by the regulations made under this Act. R.S.O. 10.2 (1) The Public Guardian and Trustee may store information in any form or medium and may at any time transfer or re-transfer it to another form or medium, in whole or in part. Exception, property $20,000 or less in value. A, s. 14 (1). 1990, c. P. 51, as amended. B, s. 18. 3 PUBLIC GUARDIAN AND TRUSTEE c. P-36.3 CHAPTER P-36.3 An Act respecting the Public Guardian and Trustee SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Public Guardian and Trustee Act. (3) From any surplus in such account there may be established an assurance fund as provided by the regulations made under this Act. B, s. 12 (2). (4) Each advisory committee shall make an annual report to the Attorney General on the performance of its duties and the exercise of its powers. (3) Without limiting subsection (1), if, in the course of the exercise or intended exercise of any power or the performance of any duty under this Act or any other Act, the Public Guardian and Trustee becomes a director of a corporation, the Public Guardian and Trustee shall not be liable as a director under any Act in respect of any debt or other liability of the corporation, or any claim against the corporation, or for any act or omission by the corporation or by the Public Guardian and Trustee acting in his or her capacity as director, if he or she has acted honestly and in good faith with a view to the best interests of the corporation. incapable people, protecting the The Public Trustee and Guardian (PTG) is an ACT Territory Authority. PUBLIC GUARDIAN AND TRUSTEE P-36.3 REG 1 3 CHAPTER P-36.3 REG 1 The Public Guardian and Trustee Act Title 1 These regulations may be cited as The Public Guardian and Trustee Regulations. 2002, c. 18, Sched. })(); (1) The Lieutenant Governor in Council may appoint a member of the bar of Ontario of at least ten years’ standing to be Public Guardian and Trustee, may appoint one or more deputies to act for him or her and may appoint such other persons as employees in the office of the Public Guardian and Trustee as are necessary for the purposes of this Act. 1992, c. 32, s. 25 (10); 2009, c. 33, Sched. 1992, c. 32, s. 25 (3). 2017, c. 20, Sched. _h.appendChild(_s); B, s. 12 (1). 8.2 If the Public Guardian and Trustee holds money of an estate or trust and has applied or proposes to apply to pass its accounts, he or she may withhold an amount sufficient to secure his or her costs of the passing of accounts. try{ The Public Guardian and Trustee (PG&T) is an entity established under the Public Guardian and Trustee Act, RSBC 1996, c 383 with a unique statutory role to protect the interests of British Columbians who lack the legal capacity to protect their own interests. (3.2) The Public Guardian and Trustee may, in his or her discretion, reduce the amount of a fee or waive its payment in a case of hardship or in other appropriate circumstances. A, s. 17 (2). information, Investment Advisory Committee of the Public Guardian And Trustee, Financial Statements for the year ended March 31, 2020, © Queen's Printer for Ontario, 2008 - 2016. (b) be signed by the Public Guardian and Trustee and sealed with his or her official seal. 1992, c. 32, s. 25 (10). (function() { (3) The certificate accompanying the copy shall, (a) identify the record of the Public Guardian and Trustee and certify that the copy is a true copy or contains the same information as the record of the Public Guardian and Trustee; and. In an earlier post, we shared the Ontario Public Guardian and Trustee’s (OPGT) temporary guidance for accessing restricted funds. The AGTA provides a variety of ways for an adult to get help making decisions. R.S.O. (4) A person other than an institution may disclose to the Public Guardian and Trustee information requested under subsection (1). 1998, c. 18, Sched. 1992, c. 32, s. 25 (10). (2) Each advisory committee may make suggestions and recommendations, in connection with its area of jurisdiction, with regard to the policies of the office of Public Guardian and Trustee. var _h = document.getElementsByTagName("head")[0]; 2, s. 62 (6). (4) Despite the Crown Administration of Estates Act, the Lieutenant Governor in Council may direct that money coming to the hand of the Public Guardian and Trustee under that Act shall be placed to the credit of such account and applied to the purposes of subsection (2). _gaq.push(['_trackPageview']); Most estate practitioners are familiar with the requirements that the Public Guardian and Trustee be served with applications to appoint guardians of property and person and for court approval of settlements involving a person under a disability. 11 All sums required to discharge any liability for a loss that the Public Guardian and Trustee, if he or she were a private trustee, would be personally liable to discharge, shall be made good out of the assurance fund or out of the Consolidated Revenue Fund, but neither the Public Guardian and Trustee nor any of his or her employees nor the assurance fund is liable for any loss that would not have imposed liability upon a private trustee. 2006, c. 34, s. 20 (2). 1996, c. 2, s. 75 (1). A, s. 14 (2). (3) The Public Guardian and Trustee shall publish in The Ontario Gazette notice of any change in the interest rates. Read the details on our policy and feedback mechanism respecting service to people with disabilities. 6 Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under section 5 by the Public Guardian and Trustee. 1992, c. 32, s. 25 (1). Freedom of Information and Protection of Privacy Act 13 Except as provided by this Act and the Substitute Decisions Act, 1992, sections 27 to 31 of the Trustee Act apply, with necessary modifications, to the investment of any property that is available for investment by the Public Guardian and Trustee. 2, s. 62 (8). 8 (1) The Public Guardian and Trustee may charge fees for anything done by the Public Guardian and Trustee under this or any other Act. 1996, c. 2, s. 75 (2). R.S.O. The Public Guardian and Trustee has issued a statement in response to a CCCC inquiry about whether Ontario charities can access restricted purpose funds during COVID-19. The Office of the Public Guardian and Trustee (OPGT) plays a role in protecting the public interest in charitable property. 2000, c. 26, Sched. “record of the Public Guardian and Trustee” means a document or other information that the Public Guardian and Trustee creates or receives in any medium and records or stores in that medium or in any other medium. R.S.O. (9) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply when information is collected under this section. Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 14 of the Act is amended by adding the following clause: (See: 2017, c. 20, Sched. B, s. 18. R.S.O. 2, s. 62 (5). _s.src = _p + "://www.webservices.gov.on.ca/metrics.php?h=" (i) prescribing the officer or employee to whom money paid into the Superior Court of Justice shall be paid. R.S.O. The Public Guardian as Estate Trustee: Policy Considerations. })(); The Public Guardian and Trustee is appointed by the Lieutenant Governor in Council, and must be a lawyer who has been a member of the Ontario bar for at least ten years. 17, s. 145. Exception, Ministry of Health and Long-Term Care and related institutions. (3) Subsection (2) does not apply to the Ministry of Health and Long-Term Care or to any other institution of which the Minister of Health and Long-Term Care is the head. 1990, c. P.51, s. 18; 1992, c. 32, s. 25 (2). Purpose of Form: A Management Plan must be submitted when a person applies under s. 17(1) of the Substitute Decisions Act, 1992 to replace the Public Guardian and Trustee as an incapable person's statutory guardian of property (using Form 1). 1 (1) The Lieutenant Governor in Council may appoint a member of the bar of Ontario of at least ten years’ standing to be Public Guardian and Trustee, may appoint one or more deputies to act for him or her and may appoint such other persons as employees in the office of the Public Guardian and Trustee as are necessary for the purposes of this Act. 1992, c. 32, s. 25 (3). (4) This section prevails over a provision relating to fees in any other Act, except subsection 40 (3) of the Substitute Decisions Act, 1992. Substitute Decisions Act, 1992. (3) Where the Public Guardian and Trustee acting in any capacity holds property, not exceeding $20,000 in value, of a person who has died, the Public Guardian and Trustee has discretion, on receiving evidence satisfactory to him or her, to distribute the property to the person’s heirs or personal representative without requiring compliance with subsection (1). (3.1) The Public Guardian and Trustee may deduct fees and expenses from the money held for a person, estate or trust. The Office of the Public Guardian and Trustee ( OPGT) is part of Ontario's Ministry of the Attorney General. A, s. 14 (5); 2001, c. 9, Sched. Public Guardian and Trustee Act, RSO 1990, c P.51, <, This statute is current to 2019-12-08 according to the, 6. between Jun 1, 2011 and Jun 30, 2019 (past), 5. between Dec 15, 2009 and May 31, 2011 (past), 4. between Aug 1, 2007 and Dec 14, 2009 (past), 3. between Jun 22, 2006 and Jul 31, 2007 (past), 2. between Nov 30, 2004 and Jun 21, 2006 (past), 1. between Nov 26, 2002 and Nov 29, 2004 (past), Crown Liability and Proceedings Act, 2019, Freedom of Information and Protection of Privacy Act. [CDATA[*/ 1990, c. P.51, s. 17; 1992, c. 32, s. 25 (2); 2004, c. 17, s. 32. PUBLIC TRUSTEE ACT 1978 - As at 1 April 2016 - Act 73 of 1978 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1.Short title 2.Commencement 3. 19 The Public Guardian and Trustee shall, at the end of each fiscal year, prepare a report on his or her operations and submit it to the Attorney General who shall submit the report to the Lieutenant Governor in Council and then lay the report before the Assembly, if it is in session or, if not, at its next session. 1992, c. 32, s. 25 (10). c. The board must consider any guidance issued by the Public Guardian and Trustee; v. There must be at least five directors on the board; vi. var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. 1997, c. 23, s. 11 (1); 2000, c. 26, Sched. (iv) providing for the vesting of money paid into court and of any securities in which the money is invested. 1990, c. P.51, s. 11; 1992, c. 32, s. 25 (2). 1990, c. P.51, s. 5; 1992, c. 32, s. 25 (2, 4). (5) Subsection (4) also applies to unincorporated associations and any other public and private entities. “personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. This includes mentally incompetent … or in any other Act or regulation. (v) prescribing the officer or employee in whose name mortgages, securities, other instruments and other personal property taken under orders of the Superior Court of Justice and mortgages, securities, other instruments and other personal property taken as security in respect of a proceeding in that court shall be taken. An amount advanced for or on behalf of the person, estate or trust or for the support of dependants. When the Public Guardian and Trustee is Committee; Committee … A. The Role of the Office of the Public Guardian and Trustee; When the Office of the Public Guardian and Trustee becomes your Guardian of Property; Charitable Properties Program - Bulletins 1 to 8; Forms. 1997, c. 23, s. 11 (6). 13.2 The Not-for-Profit Corporations Act, 2010 does not apply to the Public Guardian and Trustee except as is prescribed by regulation. Consolidation Period:  From July 8, 2020 to the e-Laws currency date. (function(){ The Office of the Public Guardian and Trustee has multiple functions and involvement in a diverse range of legal proceedings. (5) Despite paragraph 3 of subsection 118 (1) of the Business Corporations Act, the Public Guardian and Trustee may act as a director of a corporation in which, (a) a deceased person was the sole shareholder and for whose estate the Public Guardian and Trustee acts as estate trustee if it is necessary and expedient to do so to protect or preserve the interest of the deceased person’s estate in the corporation or to provide for the orderly winding-up or dissolution of the corporation; or. (2) It is not necessary for the Public Guardian and Trustee to retain a record or an original document if the information it contains has been stored in some other form or medium. The Public Guardian and Trustee (PGT) is a corporation sole established under the Public Guardian and Trustee Act with a unique statutory role to protect the interests of British Columbians who lack legal capacity to protect their own interests. The Office of the Public Guardian and Trustee (OPGT) is part of Ontario's Ministry of the Attorney General. public's interest in charities, searching for heirs for estates which the, Compensation agreements relating to estates administered by the, Office locations and contact Public Guardian and Trustee Act. 1997, c. 23, s. 11 (5). 6, s. 81. (3) The Public Guardian and Trustee holds office for a term of 6 years and the appointment may be renewed once for a … 1992, c. 32, s. 25 (5); 2019, c. 7, Sched. (2) The Public Guardian and Trustee shall carry out the duties of the Accountant of the Superior Court of Justice and shall designate an employee appointed under subsection 1 (1) to hold that office. B, s. 12 (1). Individuals for whom the OPGT acts as guardian are referred to as “clients”. 1990, c. P.51, s. 9 (3). 1990, c. P.51, s. 4; 1992, c. 32, s. 25 (2). 1996, c. 2, s. 75 (3). var _p = ("http:" == document.location.protocol ? Office of the Public Guardian and Trustee. R.S.O. (3) The Public Guardian and Trustee has perpetual succession and an official seal, and may sue and be sued in his or her corporate name. + escape(document.location.hostname.toLowerCase()); A, s. 14 (3). The Office of the Public Guardian and Trustee (OPGT) is committed to improving accessibility for our clients with disabilities and we welcome feedback about how we are doing in this regard. R.S.O. (ii) respecting money paid into court and governing its payment into and out of court. 1990, c. P.51, s. 10 (1); 1992, c. 32, s. 25 (2, 6). 8.1 (1) The Public Guardian and Trustee has a lien on the real and personal property of a person, estate or trust for whom he or she acts or has acted, for the following amounts: 1. “copy of a record of the Public Guardian and Trustee” includes, (b) a print-out of a document or of other information that is stored electronically, and, (c) a print from photographic film; (“copie d’un dossier du tuteur et curateur public”). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (3) of the Act is repealed and the following substituted: (See: 2020, c. 11, Sched. The Executive Office provides … R.S.O. (3) The Accountant of the Superior Court of Justice is an officer of that court. (3.1) For greater certainty, subsection (3) does not affect the disclosure of personal health information by the Minister of Health and Long-Term Care under clause 43 (1) (e) of the Personal Health Information Protection Act, 2004. 17 The Auditor General shall examine and report upon the accounts and financial transactions of the Public Guardian and Trustee. By legislation enacted in 2016, the former offices of the Public Trustee for the ACT and the Guardianship Unit of the Public Advocate of the ACT became merged as the Public Trustee and Guardian with effect from 1 April 2016. A, s. 17 (1). "http" : "https"); 1990, c. P.51, s. 10 (2); 1992, c. 32, s. 25 (2). (2) There shall be paid out of such account the salaries or other remuneration and the expenses of the Public Guardian and Trustee and the employees in his or her office. I recently happened across Richard Coutinho’s paper on the involvement of the PGT in passings of accounts. 2000, c. 26, Sched. (2) The Lieutenant Governor in Council may appoint, under the Public Service Act, as Public Guardian and Trustee a person who meets the criteria established under section 28 (2) (a). 1992, c. 32, s. 25 (5). Security by Public Guardian and Trustee not necessary. Charities are a special type of not-for-profit which make an important contribution to the lives of the people of Ontario. 118/12. (3.3) A reduction or waiver under subsection (3.2) may be in respect of a person or a class of persons. Public Guardian and Trustee is called the person’s “guardian of property”. July 15, 2004 "Louise Stratford" Louise A. Stratford, Public Guardian and Trustee

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