British Columbia Order in Council — Order under Public Guardian and Trustee Effective October 2, 2000: B (O.C. 1265/2000)

O.C. 1265/2000

British Columbia — Orders in Council

4803fia73taananDr oid min istrnm ► PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 1265 , Approved and Ordered SEP 8 2000 Executive Council Chambers, Victoria A d rts iniStraeW On the recommendation of the undersigned, the knefamanttinverner, by and with the advice and consent of the Executive Council, orders that, effective October 2, 2000, the Public Guardian and Trustee Fees Regulation, B.C. Reg. 64/2000, is repealed and the attached regulation is substituted. 1 1"--- Presiding M•mber of the Executive Council ttorne General and Minister ResponSible for Human Rights (This

part is for administrative purposes only and is not pan of the Order.) Authority under which Order is made: Act and section:- Public Guardian and Trustee Act, s. 23 Other (specify):- OIC 182/2000 August 30, 2000 /367 /2000/16

APPENDIX PUBLIC GUARDIAN AND TRUSTEE FEES REGULATION 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 Column I Duty or Service Column 2 Fee Column 3 By Whom Payable Column 4 When Payable I Adult Guardianship Act: Acting under a support and assistance order under

section 56 (

i) I% 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 I% per annum, computed monthly, on the gross value of all assets, plus The adult's estate Monthly page 1 of 6

(iv) 1% of the gross value of all assets. The Adult's estate On termination of the support and assistance order Committal:), Care Facility Act: Examining an application for consent under

section 17 (2) (

d) and 17 (2)(f). $100 On making the application The applicant (i) 3 Employment Standards Act: Administering money in trust for a child under the conditions of employment set under

section 9 (1) 5% of the amount received and of the income earned on it. plus (ii) 0.4 of I% per annum. computed monthly, on the gross value of all assets. The trust fund The trust fund On receipt Monthly $300 4 Estate Administration Act (

a) Acting as representative of estate under

section 9 (I) (

b) or 59 to 61 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 (

c) Examining a notice under

section 112 On service of notice $150 the applicant $200 On service of notice The applicant On file opening (

d) Administering the estate of a deceased person or acting under

section 51 (i) $350 for all services provided to open an estate administration file, plus The estate (ii) 3% of gross value of real estate conveyed to beneficiary or heir. plus The estate if funds available, otherwise the beneficiary or heir Before the conveyance (iii) 5% of gross sale price of real property sold by agent. plus The estate On receipt of proceeds (iv) 7% of gross sale price of real property sold without agent. plus The estate On receipt of proceeds (v) 7% of cash received other than the sale of real property. plus The estate On receipt On commencement of administration and on recognition of capital growth The estate (vi) 7% of the gross value of securities at the time administration commences and 7'/. of their growth in value. plus (vii) 7% of other personal property, plus The ca, tie. 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 Before transfer or delivery page 2 of 6

(viii) 5% of income earned by estate, plus The estate On receipt (ix) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.

The estate Monthly 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 (

b) Examining application under

section 21 (

c) Examining application under

section 22 (

d) Examining an application for the Public Guardian and Trustee's consent under

section 40 (I) (a) (

e) Examining other applications under

section 40 5250 The applicant On completion of the transaction 5200 The applicant On service of application $250 The applicant On service of application 5700 The applicant On service of application (i) $75, if the proposed amcoint is not over SI 500, The applicant On service of application (ii) $200, if the proposed amount is over SI 500 but not over S 10 000: The applicant On service of application (iii) $350, if the proposed amount is over S10 000 but not over $50 000; The applicant On service of application (iv) 5400, if the proposed amount is over 550 000 but not over 5100 COO: The applicant On service of application (v) 5600, if the proposed amount is over 5100 000 but not over $500000; The applicant On service of application (vi) $730, if the proposed amount is over 5500 000; The applicant On service of application (vii) $200 for a consent to dismissal The applicant On service of application page 3 of 6

3250 (

f) Examining documents or applications under

section 49 Party adverse to infant On service of documents or application Limitation Act: Responding to notice under

section 7 $500 Person serving notice On service of notice 5200 Patients Property Act: (

a) Responding to a notice of application under

section 7 On service of notice of application The applicant (

b) Attending to passing of accounts under

section 10 or 13: (

i) SI25, if the gross value of patient's Patient's estate assets is not over 3100 000; On presentation of accounts for passing (ii) $200. if the gnss value of patient's assets is over SIO0 000 but not over 3250 000; Patient's estate On presentation of accounts for passing On presentation of accounts for passing Patient's estate (iii) 3250, if the gross value of patient's assets is over 5250 000 but not over 3375 000; On presentation of accounts for passing Patient's estate (iv) $300, if the gross value of patient's assets is over 3375 000 but not over $500 000; (v) 5350, if the gross value of patient's assets is over $500 000 but not over $600 000; Patient's estate On presentation of accounts for passing On presentation of accounts for passing Patient's estate (vi) 1400, if the gross value of patient's assets is over 5600 000 Patient's estate (

c) Examining an application under

section 12 (i) $200, if there is a court application for discharge of committee; On receipt of application (ii) $50, for review of documentation on death of patient, it there is no court application Patient's estate On receipt of application Patient's estate The estate (

d) Examining an application under

section 28 (

e) Acting as committee of the estate of a patient: 5150 (i) 3% of gross sale price of real property sold by an agent. plus On receipt of application On receipt of proceeds (ii) 5% of cash received whether as The estate capital or income, other than horn the sale of real property by an agent, plus 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 ISMS, plus The estate Monthly

(v) 5% of the gross value of all assets other than securities The estate On termination of committeeship $350 The infant On applic Mon (

b) Appointment under

section 7 as litigation guardian page 5 of 6 Public Guardian and Trustee Act: (

a) Acting under

section 6 as executor, trustee. attorney (i) 3% of gross sale price c ['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 incoine, 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 se :. litres at the time administration c rnm.nces 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 mist fund or estate 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; On demand of payment The trust fund or estate (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 oust 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 SSW 000; The trust fund or estate On demand of payment (v) $150, 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 at 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

The adult's estate On receipt 10 Represenution 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 agert, plus (ii) 5% of cash received. waellier 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 secunties 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 The adult's estate Monthly plus (iv) 0.4 of I% per annum, computed monthly, on the gross value of all assets, On termination of administration (v) 5% of the gross value of assets The adult's estate other than securities; (i) $125, if the gross value of the adult's assets is not over 5100 000, the adult's estate On demand of payment (

b) Investigating, under

section 30 (3) or 31, an objection about financial abuse.

The adult's estate On demand of payment (ii) 5200, if the gross value of the adult's assets is over S100 000 but not over $250 000: (iii) 5250, if the gross value of the The adult's estate adult's assets is over $250 000 but not over 5375 000, On demand of payment (iv) 5300, if the gross value of the The adult's estate adult's assets is over 5375 000 but not over 5500 000: On demand of payment (v) 5350, if the gross value of the adult's The adult's estate assets is over $5:10 000 but not over $600 000, On demand of payment (vi) $400, if the gross value of the adult's assets is over 5600 000 The adult's estate On demand of payment The fund On receipt 11 Residential Tenancy Regulation: Receiving money under

section 14 of D.C. Reg. 26 81 5% of the amount received and 5% of income earned on it. The app . S750 12 Trust and Settlement Variation Act: Examining application under

section 3 On service of application On service of writ 5100 13 Wills Variation Act: Examining Writ of Summons under

section 3 The plaintiff The plaintiff 5500 On demand of payment Reviewing and commenting on a proposed settlement of a wills variation action page 6 of 6

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1265/2000
Type	order_in_council
Volume / chapter	arc oic 1265 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1215b0bbb6fd79d66e825cc2d5d097aff1d39435

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