First

Session, 49th General Assembly

Elizabeth II, 2019

BILL 11

AN ACT TO AMEND THE

PUBLIC TRUSTEE ACT, 2009

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE ANDREW

PARSONS, Q.C.

Minister of Justice

and Public Safety and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Public Trustee Act, 2009 to

clarify that a judge may only make

an order authorizing or requiring the public trustee to act in financial or

property matters;

provide that a judge shall not

appoint the public trustee unless the public trustee is given an opportunity to

make representations regarding the appointment or the public trustee consents

to the appointment;

provide that the public trustee

is not required to act or to accept an appointment by reason only of being

empowered or authorized to do so; and

allow the public trustee to apply

to court to rescind or vary the terms of an appointment where the public

trustee has not been given a reasonable opportunity to make representations

regarding the appointment or where the public trustee has not consented to the

appointment.

A BILL

AN ACT TO AMEND THE PUBLIC TRUSTEE ACT,

Analysis

S.4 Amdt.

Powers and duties of the public trustee

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2009 cP-46.1

as amended

1. (1) Paragraph 4(2)(

k) of the Public Trustee Act, 2009 is repealed and

the following substituted:

(

k) perform other functions relating to financial

or property matters that the public trustee is authorized or required to do by

order of a judge.

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

immediately after subsection (2) the following:

(3) Notwithstanding subsection (2) or another Act

or law, a judge shall not appoint the public trustee under this Act or another

Act unless

(

a) the public trustee has been given an opportunity

to make representations regarding the appointment; or

(

b) the public trustee consents to the appointment

and to the terms of the appointment.

(4) The public trustee is not required to act in

any capacity, perform any task or function or accept an appointment by reason

only of being empowered or authorized to do so.

(5) The public trustee may apply to court to

rescind or vary the terms of an appointment made contrary to subsection (3),

and the court may either rescind the appointment or vary its terms.

Queen's Printer