First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 56

AN ACT TO AMEND

AN ACT

TO AMEND THE

ENDURING POWERS OF ATTORNEY ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend

An Act to Amend the Enduring Powers of

Attorney Act . The Bill would clarify certain provisions of that Act, and

would provide the regulation making powers required to implement RDSP

amendments.

In particular, this Bill would

amend subsection 15(3) of the

Act to also allow an application under that subsection by a spouse, cohabiting

partner or child who has reached the age of majority;

amend subsection 16(5) of the

Act to require a copy of a designation agreement to be given to the bank or

financial institution which will hold the RDSP; and

amend subsections 20(2),

(3) and (4) of the Act to ensure consistency of reference to the statement required

under subsection 20(1).

A BILL

AN ACT TO AMEND

AN ACT TO AMEND THE

ENDURING POWERS OF ATTORNEY ACT

Analysis

1. S.1 Amdt.

Interpretation

S.3 Amdt.

15. Designation of legally

authorized

representatives

16. Designation agreement

20. Monitoring of RDSP

22. Regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2012 c4

Section 1 of

An Act to Amend the Enduring Powers of Attorney Act is amended by

repealing subsection 2(2) and substituting the following:

(2) This Act, except sections 15 to 22, applies

only to a power of attorney that authorizes the management of the estate of a

donor.

(1) Section 3 of the Act is amended by

repealing subsection 15(3) and substituting the following:

(3) Where an adult cannot satisfy subsection (2),

that adult is not entitled to appoint designates under a designation agreement,

but that adult, the parents or guardians of that adult, the spouse or cohabiting

partner of that adult, or a child of that adult who has reached the age of

majority may apply to court for an order appointing the public trustee as the

designate of the adult under a designation agreement, and the court may issue

that order where it is in the best interests of the adult to do so.

(2) Section 3 of the Act is amended by repealing

subsection 16(5) and substituting the following:

(5) A designation agreement is effective when it

is filed with the public trustee, and that filing may be made by facsimile

transmission or other electronic means and a copy shall be provided to the bank

or financial institution which will hold the RDSP.

(3) Section 3 of the Act is amended by deleting in

subsections 20(2), (3) and (4) the words "report" and

"reports" and substituting the words "statement" and

"statements" as the context requires.

(4) Section 3 of the Act is amended by adding

immediately after

section 21 the following:

Regulations

22. The

Lieutenant-Governor in Council may make regulations

(

a) respecting procedures and operational

processes required to facilitate access to an RDSP;

(

b) prescribing requirements for the witnessing

and execution of designation agreements by adults, including witnessing and

execution requirements where an adult is unable to sign;

(

c) respecting the integration of the provisions

of this Act with the operations of banks or financial institutions which will

hold RDSPs; and

(

d) generally, for the purpose and administration

of this Act.

Commencement

2. This Act comes into force on the date that

An Act to Amend the Enduring Powers of

Attorney Act is proclaimed.

Queen's Printer