The trust fund or estate On demand Representation Agreement Act 2000
B.C. Reg. 154/2014
British Columbia — Consolidated Statutes
312/2000
O.C. 1265/2000
September 12, 2000
October 2, 2000
Public Guardian and Trustee Act
Public Guardian and Trustee Fees Regulation
[includes amendments up to B.C. Reg. 154/2014, August 1, 2014]
312_2000_pit
Definition
In this regulation, security includes
a stock or bond,
a warrant, option or right to purchase a security,
a security future, currency future, future option or forward contract,
a mortgage,
a financial instrument, security instrument or derivative instrument,
a mutual fund unit, investment fund unit or similar instrument, and
any other property similar to one referred to in paragraphs (
a) to (f).
Fees
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.
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
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
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
[en. B.C. Reg. 154/2014.]
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 cash received as capital,
plus
The adult's estate
On demand
(ii) 4% of cash received as income,
plus
The adult's estate
On demand
(iii) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The adult's estate
On demand
(iv) 1% of the gross value of all assets
The adult's estate
On termination of the support and assistance order
Community Care and Assisted Living Act :
Examining an application for consent under
section 18 (4) (b)
$100
The applicant
On making the application
Employment Standards Act :
Administering money in trust for a child under
(
a) the conditions of employment set under
section 9 (3) of the Act, or
(i) 3.75% of the amount received and 3.75% of the income earned on it,
plus
The trust fund
On demand
(
b) section 45.14 or 45.20 of the Employment Standards Regulation, B.C. Reg. 396/95
(ii) 0.7% per annum, computed monthly, on the gross value of all assets
The trust fund
On demand
Estates of Missing Persons Act :
Administering the estate of a missing person
(i) 3% of the gross sale price of real property sold by an agent,
plus
The estate
On demand
(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 demand
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,
plus
The estate
On demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The estate
On demand
(v) 5% of the gross value of assets other than securities
The estate
On termination of the curatorship
Family Law Act :
Examining and responding to an application to appoint a trustee over a minor's estate under
section 179 (2) (
f) or 180 (f)
$500
The applicant
On service of the application
Infants Act :
(
a) Performing services under
section 2;
$250
The applicant
On completion of the transaction
(
b) Examining an application under
section 21;
$200
The applicant
On service of the application
(
c) Examining an application under
section 22;
$250
The applicant
On service of the application
(
d) Examining an application for consent under
section 40 (1.1) (a);
$200
The applicant
On service of the application
(
e) Examining other applications under
section 40;
(i) $100, if the proposed amount is not over $1 500;
The applicant
On service of the application
(ii) $250, if the proposed amount is over $1 500 but not over $5 000;
The applicant
On service of the application
(iii) $300, if the proposed amount is over $5 000 but not over $10 000;
The applicant
On service of the application
(iv) $500, if the proposed amount is over $10 000 but not over $15 000;
The applicant
On service of the application
(v) $750, if the proposed amount is over $15 000 but not over $50 000;
The applicant
On service of the application
(vi) $1 250, if the proposed amount is over $50 000 but not over $100 000;
The applicant
On service of the application
(vii) $2 000, if the proposed amount is over $100 000 but not over $500 000;
The applicant
On service of the application
(viii) $3 000, if the proposed amount is over $500 000;
The applicant
On service of the application
(ix) $250 for a consent to dismissal
The applicant
On service of the application
(
f) Examining documents or applications under
section 49
$250
Party adverse to the infant
On service of the documents or applications
Limitation Act :
Responding to a notice under
section 20
$500
Person serving the notice
On service of the notice
Patients Property Act :
(
a) Responding to a notice of application under
section 7;
$500
The applicant
On service of the notice of application
(
b) Attending to the 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 the 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 the 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 the 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 the accounts for passing
(
c) Examining an application under
section 28;
$300
Patient's estate
On receipt of the application
(
d) Acting as committee of the estate of a patient;
(i) 4% of the gross sale price of real property sold by an agent,
plus
Patient's estate
On demand
(ii) 4% of the cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
Patient's estate
On demand
(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,
plus
Patient's estate
On demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
Patient's estate
On demand
(v) 4% of the gross value of all assets other than securities,
plus
Patient's estate
On demand
(vi) An amount equal to the difference between $100 multiplied by the number of months the Public Guardian and Trustee was committee of the estate prior to the patient's death and the sum of the amounts payable under clauses (
i) to (v);
Patient's estate
On demand
(
e) Acting under
section 24 after the patient's death
$120 per month or pro-rated portion of it, commencing on the death of the patient until the receipt of the representation grant
Patient's estate
On demand
Public Guardian and Trustee Act :
(
a) Acting as executor under
section 6;
(i) 3% of the gross sale price of real property sold by an agent,
plus
The estate
On demand
(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 demand
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,
plus
The estate
On demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The estate
On demand
(v) 5% of the gross value of assets other than securities;
The estate
On demand
(
b) Acting as trustee under
section 6;
(i) 3.75% of the gross sale price of real property sold by an agent,
plus
The trust fund or estate
On demand
(ii) 3.75% 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 demand
(iii) 3.75% of the gross value of securities at the time administration commences and 3.75% of their growth in value,
plus
The trust fund or estate
On demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The trust fund or estate
On demand
(v) 3.75% of the gross value of assets other than securities;
The trust fund or estate
On demand
(
c) Acting as attorney under
section 6;
(i) 4% of the gross sale price of real property sold by an agent,
plus
The trust fund or estate
On demand
(ii) 4% 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 demand
(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,
plus
The trust fund or estate
On demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The trust fund or estate
On demand
(v) 4% of the gross value of assets other than securities;
The trust fund or estate
On demand
(
d) Acting as litigation guardian under
section 7;
$350
The young person
On demand
(
e) Making an investigation or audit under
section 17 (1)
(i) $125, if the gross value of assets in trust or, if the investigation or 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
(ii) $200, if the gross value of assets in trust or, if the investigation or 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
(iii) $250, if the gross value of assets in trust or, if the investigation or 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
(iv) $300, if the gross value of assets in trust or, if the investigation or 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
(v) $350, if the gross value of assets in trust or, if the investigation or 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
(vi) $400, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $600 000
The trust fund or estate
On demand
Representation Agreement Act :
(
a) Acting as a representative under
section 5 or an alternate representative under
section 6;
(i) 4% of the gross sale price of real property sold by an agent,
plus
The adult's estate
On demand
(ii) 4% 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 demand
(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,
plus
The adult's estate
On demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The adult's estate
On demand
(v) 4% of the gross value of assets other than securities;
The adult's estate
On termination of administration
(
b) Investigating an objection about financial abuse under
section 30 (3) or 31
(i) $125, if the gross value of the adult's assets is not over $100 000;
The adult's estate
On demand
(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
(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
(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
(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
(vi) $400, if the gross value of the adult's assets is over $600 000
The adult's estate
On demand
Trust and Settlement Variation Act :
Examining an application under
section 3
$750
The applicant
On service of the application
Wills, Estates and Succession Act :
(
a) Examining a notice of civil claim under
section 61;
$100
The plaintiff
On service of notice of civil claim
(
b) Reviewing and commenting on a proposed settlement of an action brought pursuant to Division 6 of
Part 4;
$500
The plaintiff
On demand
(
c) Administering the estate of a deceased person or acting under
section 164 or 167;
(i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir,
plus
The estate, if funds available, otherwise the beneficiary or heir
On demand
(B) 5% of the gross sale price of real property sold by an agent,
plus
The estate
On demand
(C) 7% of the gross sale price of real property sold without an agent,
plus
The estate
On demand
(D) 7% of cash received, other than from the sale of real property,
plus
The estate
On demand
(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,
plus
The estate
On demand
(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 demand
(
G) If the sum of the amounts payable under clauses (
A) to (
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 funds available, otherwise the beneficiary or heir
On demand
(ii) 5% of the income earned by the estate,
plus
The estate
On demand
(iii) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The estate
On demand
(iv) $75 per hour for staff time spent identifying, locating and proving heirs;
The estate
On demand
(
d) Reviewing a notice to the court under
section 121 (1) or 138 (2) and providing comments under
section 124;
$300
The applicant
On service of notice
(
e) Acting as a representative of an estate under
section 150;
$300
The party seeking appointment
On demand
(
f) Examining and responding to an application to appoint a trustee to hold and administer a minor's estate under
section 153 (3)
$500
The applicant
On service of notice
Estate Administration Act :
(This item applies only in respect of deaths occurring before March 31, 2014)
(
a) Acting as a representative of an estate under
section 9 (1) (
b) or sections 59 to 61;
$300
The party seeking 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 the notice
(
d) Administering an estate or acting under
section 51
(i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir,
plus
The estate, if funds available, otherwise the beneficiary or heir
Before the conveyance
(B) 5% of the gross sale price of real property sold by an agent,
plus
The estate
On receipt of proceeds
(C) 7% of the gross sale price of real property sold without an agent,
plus
The estate
On receipt of proceeds
(D) 7% of cash received, other than from 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 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) to (
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 funds available, otherwise the beneficiary or heir
On demand
(ii) 5% of the income earned by the estate,
plus
The estate
On receipt
(iii) 0.7% 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
Wills Variation Act :
(This item applies only in respect of deaths occurring before March 31, 2014)
(
a) Examining a notice of civil claim under
section 3;
$100
The plaintiff
On service of the notice of civil claim
(
b) Reviewing and commenting on a proposed settlement of a wills variation action
$500
The plaintiff
On demand
[Provisions relevant to the enactment of this regulation: Public Guardian and Trustee Act , R.S.B.C. 1996, c. 383,