British Columbia Gazette Part II — B.C. Reg. 83/2003
B.C. Reg. 83/2003
British Columbia — Gazette
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Volume 46, No. 6
B.C. Reg. 83/2003
The British Columbia Gazette,
Part II
March 25, 2003
B.C. Reg. 83/2003, deposited March 14, 2003, pursuant to the PUBLIC GUARDIAN AND TRUSTEE ACT [Section 23]. Order in Council 216/2003, approved and ordered March 13, 2003.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that
(
a) the Public Guardian and Trustee Fees Regulation, B.C. Reg. 312/2000, is amended by repealing the Fee
Schedule and substituting the attached Fee Schedule,
(
b) the attached Fee
Schedule except
section 4 (d) (iv) is effective April 1, 2003, and
(
c) section 4 (d) (iv) of the attached Fee
Schedule is effective July 1, 2003. — P. G. PLANT, Attorney General and Minister Responsible for Treaty Negotiations; G. CAMPBELL, Presiding Member of the Executive Council.
Fee
Schedule
Column 1
Duty or Service
Column 2
Fee
Column 3
By Whom Payable
Column 4
When Payable
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
Community Care Facility Act:
Examining an application for consent under
section 17 (2) (
d) and (f)
$100
The applicant
On making the application
Employment
Standards Act:
Administering money in trust for a child under the conditions of employment set under
section 9 (3)
(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
Estate
Administration Act:
(
a) Acting as representative of estate under
section 9 (1) (
b) or sections 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
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
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
(ix) $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
Limitation Act:
Responding to notice under
section 7
$500
Person serving notice
On service of notice
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.
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
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
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
Trust and Settlement Variation Act:
Examining application under
section 3
$750
The applicant
On service of application
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
Copyright © 2003: Queen's Printer, Victoria, British Columbia, Canada