Exception, property $20,000 or less in value. 1992, c. 32, s. 25 (5); 2019, c. 7, Sched. 1992, c. 32, s. 25 (10). R.S.O. 5 (1) The Public Guardian and Trustee shall discharge the duties imposed upon him or her by any Act of the Legislature or by the Lieutenant Governor in Council, and the Public Guardian and Trustee shall also make inquiries from time to time as to property that has escheated, or become forfeited for any cause to the Crown, or in which the Crown in right of Ontario may … 2001 (b) be signed by the Public Guardian and Trustee and sealed with his or her official seal. (6) Repealed:  2009, c. 33, Sched. The Public Trustee and Guardian (PTG) is an ACT Territory Authority. 1996, c. 2, s. 75 (3). (3.3) A reduction or waiver under subsection (3.2) may be in respect of a person or a class of persons. 1990, c. P.51, s. 19; 1992, c. 32, s. 25 (2). (a) respecting the office of Public Guardian and Trustee, imposing duties on the Public Guardian and Trustee in addition to those imposed by this Act, and prescribing the trusts or duties he or she is authorized to accept or undertake under this Act, and the security, if any, to be given by the Public Guardian and Trustee and his or her employees; (b) respecting the application and disposal of fees and other income of the office of the Public Guardian and Trustee; (c) respecting the transfer to and from the Public Guardian and Trustee of any property; (e) for the establishment of an assurance fund for the purpose of meeting any losses for which the office of Public Guardian and Trustee may be liable; (f) respecting the functions of the Accountant of the Superior Court of Justice, including, without limiting the generality of the foregoing. 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. 1997, c. 23, s. 11 (2). A, s. 17 (1). 1990, c. P.51, s. 4; 1992, c. 32, s. 25 (2). January 8, 2018 January 8, 2018 Garrett Horrocks Estate & Trust, Estate Planning, Litigation Tags: crown administration of estates act, Elder Law, Estate Litigation, estate planning, Executors and Trustees, office of the public guardian and trustee 0 Comments. ga.src = ('https:' == document.location.protocol ? Note: Where the document is completed as part of an application for court appointed guardianship of property, please insert general heading and court file number. var _s = document.createElement("script"); 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. Substitute Decisions Act, 1992. Public Guardian and Trustee is called the person’s “guardian of property”. Learn more The Office of the Public Guardian and Trustee ( OPGT) is part of Ontario's Ministry of the Attorney General. (5) The Lieutenant Governor in Council may from time to time direct the payment into the Consolidated Revenue Fund of any balance at the credit of such account. 8, s. 123 (1). (c) if the deceased died elsewhere than in a place mentioned in clause (a), any authenticated copy of the probate of his or her will, or of letters of administration of his or her property, or other document of like import, granted by any court or authority having the requisite power in such matters. Ontario. (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. These programs are in turn supported by Client Finance and Administrative Services; Corporate Projects and Strategic Operations; and Legal Services. 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. R.S.O. 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. 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. 2. Security by Public Guardian and Trustee not necessary. The Adult Guardianship and Trusteeship Act Centre for Public Legal Education Alberta www.cplea.ca 4 What is the Adult Guardianship and Trusteeship Act (AGTA)? var _gaq = _gaq || []; R.S.O. 1996, c. 2, s. 75 (1). 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. B, s. 12 (1). R.S.O. 1990, c. P.51, s. 10 (2); 1992, c. 32, s. 25 (2). (1.1) The Public Guardian and Trustee may charge fees for services rendered and things done by his or her employees and agents. Public Guardian and Trustee as trustee 5(4)Except as otherwise expressly provided by this Act, the Public Guardian and Trustee has all the powers and is subject to all the duties and obligations of a trustee under The Trustee Actor at common law or in equity. 2, s. 62 (8). 7 (1) The Public Guardian and Trustee may be granted letters probate or letters of administration and, subject to subsection (1.1), may be appointed as a trustee under any Act or as trustee of any will or settlement or other instrument creating a trust or duty in the same manner as if he or she were a private trustee. Personal Health Information Protection Act, 2004. (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. or in any other Act or regulation. R.S.O. B, s. 18. 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. 18, s. 2). 2006, c. 19, Sched. The Office of the Public Guardian and Trustee (OPGT) plays a role in protecting the public interest in charitable property. 2, s. 62 (6). 2, s. 62 (3). 8, s. 123 (1)). B, s. 18. (3) The Accountant of the Superior Court of Justice is an officer of that court. De très nombreux exemples de phrases traduites contenant "Ontario Public Guardian and Trustee" – Dictionnaire français-anglais et moteur de recherche de traductions françaises. 1990, c. P.51, s. 17; 1992, c. 32, s. 25 (2); 2004, c. 17, s. 32. The amount of a liability incurred for a purpose referred to in paragraph 2. (3) The fees may be calculated on a flat rate basis for each thing done, on an hourly basis, on the basis of actual costs incurred by the Public Guardian and Trustee, as a percentage of the income or capital of an estate, or in any other manner that the Public Guardian and Trustee considers appropriate. (2) A copy of a record of the Public Guardian and Trustee, accompanied by the certificate described in subsection (3), is admissible in evidence and has the same probative force as the information in the record of the Public Guardian and Trustee would itself have had if it had been proved in the ordinary way. R.S.O. 2001, c. 9, Sched. 2. Last modified: September 22, 2020, About the Office of the Children's Lawyer, The Office Of The Public Guardian And Trustee, https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Serving_Documents_EN.html#_Toc441141484, our policy and feedback mechanism respecting service to people with disabilities, protecting mentally (3) The Public Guardian and Trustee holds office for a term of 6 years and the appointment may be renewed once for a … 1996, c. 2, s. 75 (3). 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. The Executive Office provides … (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. 1990, c. P.51, s. 9 (4); 1992, c. 32, s. 25 (2). var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); A, s. 14 (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). Consolidation Period:  From July 8, 2020 to the e-Laws currency date. 12 The Public Guardian and Trustee may accept and administer any charitable or public trust. 1990, c. P.51, s. 9 (3). 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. (“dossier du tuteur et curateur public”)  2006, c. 19, Sched. 5.1 (1) No proceeding for damages shall be commenced against the Public Guardian and Trustee for anything done or omitted in good faith in connection with his or her powers and duties under an Act. 2, s. 62 (4). R.S.O. Exception, Ministry of Health and Long-Term Care and related institutions. 118/12. 2006, c. 19, Sched. 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. 10 (1) Where the Public Guardian and Trustee acting in any capacity holds property of a person who has died and to which the person’s personal representative is entitled, the production to the Public Guardian and Trustee of. 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. GENERAL. (10) Repealed:  2009, c. 33, Sched. 2002, c. 18, Sched. 3 In the case of the illness or absence of the Public Guardian and Trustee or if the office becomes vacant and no deputy has been appointed, the Attorney General is by virtue of his or her office Public Guardian and Trustee until another appointment is made. R.S.O. try{ (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. Accountant of the Superior Court of Justice. (b) a mentally incapable person is the sole shareholder and for whom the Public Guardian and Trustee acts as the guardian of property if it is necessary and expedient to do so to protect or preserve the interest of the mentally incapable person in the corporation or to provide for the orderly winding-up or dissolution of the corporation. A, s. 14 (1). incapable people, protecting the 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. 2, s. 62 (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. (2) In the case of real property, the Public Guardian and Trustee may register in the proper land registry office a notice claiming a lien and identifying the real property against which it is claimed. This page gives basic information to people who use, run, or donate to charities. Lien re fees and expenses, advances, etc. In an earlier post, we shared the Ontario Public Guardian and Trustee’s (OPGT) temporary guidance for accessing restricted funds. Charities will be permitted to access and use the funds subject to certain conditions. R.S.O. The Public Guardian and Trustee (PGT) is often appointed to review accounts where they are submitted to the court for approval by guardians of property, attorneys and estate trustees. A, s. 17 (1). 8, s. 123 (2)). (4) This section prevails over a provision relating to fees in any other Act, except subsection 40 (3) of the Substitute Decisions Act, 1992. Individuals for whom the OPGT acts as guardian are referred to as “clients”. R.S.O. (2) The corporation sole known as the Public Trustee is continued under the name of Public Guardian and Trustee. 2002, c. 18, Sched. is sufficient justification and authority for the delivering of such property in pursuance of and in conformity with such probate, letters of administration, or other document. 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. (2) Every institution shall disclose to the Public Guardian and Trustee information requested under subsection (1). (3.1) The Public Guardian and Trustee may deduct fees and expenses from the money held for a person, estate or trust. 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. R.S.O. 1996, c. 2, s. 75 (2). 1997, c. 23, s. 11 (3). 1992, c. 32, s. 25 (3). 18 Every person employed in the performance of the duties imposed upon the Public Guardian and Trustee by this or any other Act or by the Lieutenant Governor in Council shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of such employment and shall not communicate any such matters to any person other than to a person legally entitled thereto or to the person’s legal counsel except as may be required in connection with the administration of this Act and the regulations under this Act or any proceedings thereunder. 17, s. 145. 1992, c. 32, s. 25 (1). The Aboriginal Affairs and Northern Development Canada (AANDC) Estates programs are part of AANDC's responsibilities under the Indian Act to help families manage the legal and financial affairs (also known as estates) of deceased, minor or mentally incompetent Status Indians (as defined in the Indian Act). 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. (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). 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. 1996, c. 2, s. 75 (3). } catch(e){} 1997, c. 23, s. 11 (1); 2000, c. 26, Sched. (2) When the authenticated copy or other document of like import is produced to the Public Guardian and Trustee under subsection (1), there shall be deposited with him or her a true copy thereof. (1) The Public Guardian and Trustee shall maintain, (a) an Escheats account; (b) a Public Guardian and Trustee Administration account; and (c) an assurance … The Public Trustee and Guardian (PTG) is an ACT Territory Authority. _s.src = _p + "://www.webservices.gov.on.ca/metrics.php?h=" (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. })(); /*]]>*/ 2001, c. 9, Sched. The Public Guardian and Trustee (PGT) provides services to clients through three broad operational program areas: Child and Youth Services; Services to Adults; and Estate and Personal Trust Services. July 15, 2004 "Louise Stratford" Louise A. Stratford, Public Guardian and Trustee A. (“renseignements personnels”)  2002, c. 18, Sched. 1997, c. 23, s. 11 (3). 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. (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. 1997, c. 23, s. 11 (6). “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. 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. (iii) governing the management and investment of money paid into court. Definitions PART 2 - THE PUBLIC TRUSTEE AND PUBLIC TRUST OFFICE 7.Public trustee and Public Trust Office 8. (4) The Public Guardian and Trustee may in writing delegate any of his or her powers or duties to an employee in his or her office. (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. 14 The Lieutenant Governor in Council may make regulations. (2) If the Public Guardian and Trustee is unable to act because of absence or illness, the deputy who was appointed first shall act in his or her place. (3) The Public Guardian and Trustee shall publish in The Ontario Gazette notice of any change in the interest rates. 2002, c. 18, Sched. (a) an authenticated copy of the probate of the will of the deceased, or of letters of administration of his or her estate, or of letters of verification of heirship, or of the act of curatorship or tutorship, granted by any court in Canada having power to grant the same, or by any court or authority in a country of the Commonwealth or any colony, dependency or protectorate of any such country, or of any testament-testamentar or testamentdative expede in Scotland; (b) an authentic copy of the will of the deceased, if it is in notarial form according to the law of the Province of Quebec; or. These are reproduced below. 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. Last amendments: O. Reg. 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