British Columbia Order in Council — Order under Public Guardian and Trustee Effective February 28, 2000, Public Guardian and Trustee Fees Regulation approved (O.C. 182/2000)

O.C. 182/2000

British Columbia — Orders in Council

• PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 182 , Approved and Ordered FEB 17 2000 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of Treasury Board and the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective February 28, 2000, the Public Trustee Fees Regulation, B.C. Reg. 125/88, is repealed and the attached Public Guardian and Trustee Fees Regulation is made. Attorney General and klinister Responsible for Presiding Member •f the Executive Council Multiculturalism, Human Rights and Immigration (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Public Guardian and Trustee Act, RSBC 1996, c. 393,

section 23 Other (specify):- oic 496/88 February 9, 2000 / /2000/16

PUBLIC GUARDIAN AND TRUSTEE FEES REGULATION Fees 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. Reductions and refunds 2 If satisfied that hardship or unfairness will result from payment of the amount specified in Column 2 of the Fee Schedule, Public Guardian and Trustee may reduce the amount of the fee, or excuse or refund the fee, despite

section 1. Power to delegate 3 The Public Guardian and Trustee may delegate the functions in

section 2 to other persons in the office of the Public Guardian and Trustee. FEE

SCHEDULE Column 1 Duty or Service Column 2 Fee Column 3 By Whom Payable Column 4 When Payable 1 Community Care Facility Act: Examining an application for consent under

section 17 (2) (

d) and 17 (2) (f) $100 The applicant On making the application 2 Estate Administration Act: (

a) Acting as representative of $300 The party seeking Before the appointment estate under

section 9 (1) (

b) or the appointment becomes effective 59 to 61 (b)Reviewing an application to the court under

section 7 or 41 and providing comments (

c) Examining a notice under

section 112 (d)Administering the estate of a deceased person or acting under

section 51 $150 $200 (i) $250 for all services provided to open an estate administration file, plus The applicant The applicant The estate On service of notice On service of notice On file opening (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 1 of 6

(iv) 7% of gross sale price of real property sold without agent, plus (v)7% of cash, plus (vi) 7% of other personal property, plus (vii)5% of income earned by estate, plus (viii)0.4 of 1% per annum, computed monthly, on the gross value of all assets The estate The estate 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 The estate The estate On receipt of proceeds On receipt On receipt of proceeds Before transfer or delivery On receipt Monthly On receipt of proceeds 3 Estates of Missing Persons Act: Administering the estate of a missing person On receipt On termination of curatorship Monthly The estate The estate The estate The estate (i) 3% of gross sale price of real property sold by agent, plus (ii) 5% of cash received whether as capital or income other than under (

i) above, plus (iii) 5% of gross value of all other assets, plus (iv)0.4 of 1% per annum, computed monthly, on the gross value of all assets 2 of 6

4 Infants Act: (

a) Performing services under

section 2 $250 The applicant On completion of the transaction (

b) Examining application under

section 21 (

c) Examining application under

section 22 (

d) Examining an application for the $200 $250 $200 The applicant The applicant The applicant On service of application On service of application On service of application Public Guardian and Trustee's consent under

section 40 (1) (a) (

e) Examining other applications under

section 40 (i) $50, if the proposed amount is not over The applicant On service of application $1 500; (ii) $150, if the proposed amount is over The applicant On service of application $1 500 but not over $10 000; (iii) $300, if the proposed amount is over The applicant On service of application $10 000 but not over $100 MO; (iv) $500, if the proposed amount is over $100 000; The applicant On service of application (v) $200 for a consent to dismissal; The applicant On service of application (

f) Examining documents or appli- $250 Party adverse to On service of documents cations under

section 49 infant or application 5 Limitation Act: Responding to notice under

section 7 $125 Person serving notice On service of notice 6 Patients Property Act: (a)Examining application under

section 7 (b)Attending to passing of $200 (i) $125, if the gross The applicant Patient's estate On service of application On presentation of accounts under

section 10 or 13 value of patient's assets is not over accounts for passing $100 000; (ii) $200, if the gross value of patient's assets is over Patient's estate On presentation of accounts for passing $100 000 but not over $250 000; (iii) $250, if the gross value of patient's assets is over $250 000 but not over Patient's estate On presentation of accounts for passing $375 000; 3 of 6

(

c) Examining application under

section 12 (iv) $300, if the gross value of patient's assets is over $375 000 but not over $500 000; (v) $350, if the gross value of patient's assets is over $500 000 but not over $600 000; (vi)$400, if the gross value of patient's assets is over $600 000 (i) $200, if there is a court application for discharge of committee; (ii) $50, for review of documentation on death of patient, if there is no court application Patient's estate Patient's estate Patient's estate Patient's estate Patient's estate On presentation of accounts for passing On presentation of accounts for passing On presentation of accounts for passing On receipt of application On receipt of documen- tation (

d) Examining application under

section 28 (e)Acting as committee of the estate of a patient: $150 (i) 3% of gross sale price of real property sold by an agent, plus Patient's estate The estate On service of application On receipt of proceeds (ii)5% of cash received, whether as capital or income other than under The estate On receipt (

i) above, plus (iii)5% of the gross value of all other assets, plus The estate On termination of committeeship (iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets The estate Monthly 4 of 6

(i) 3% of gross sale price of real property sold by an agent, plus (ii)5% of cash received, whether as capital or income other than under (

i) above, plus (iii) 5% of gross value of all other assets, plus (iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets $350 (i) $125, if the gross value of assets in trust is not over $100 000; (ii) $200, if the gross value of assets in trust is over $100 000 but not over $250 000; (iii) $250, if the gross value of assets in trust is over $250 000 but not over $375 000; (iv) $300, if the gross value of assets in trust is over $375 000 but not over $500 000; (v) $350, if the gross value of assets in trust is over $500 000 but not over $600 000; On receipt of proceeds On receipt On termination of the trusteeship Monthly On application On demand of payment On demand of payment On demand of payment On demand of payment On demand of payment 7 Public Guardian and Trustee Act: (

a) Acting under

section 6 as exec- utor, administrator, trustee, attorney (b)Appointment under

section 7 as litigation guardian (

c) Making investigation and audit under

section 17 The trust fund The trust fund The trust fund The trust fund The infant The trust fund or adult's estate The trust fund or adult's estate The trust fund or adult's estate The trust fund or adult's estate The trust fund or adult's estate 5 of 6

• . s (vi)$400, if the gross value of assets in trust is over $600 000 (i) $125, if the gross value of assets in trust is not over $100,000; (ii) $200, if the gross value of assets in trust is over $100,000 but not over $250,000; (iii) $250, if the gross value of assets in trust is over $250,000 but not over $375,000; (iv) $300, if the gross value of assets in trust is over $375,000 but not over $500,000; (v) $350, if the gross value of assets in trust is over $500,000 but not over $600,000; (vi) $400, if the gross value of assets in trust is over $600,000 The trust fund or adult's estate The adult's estate The adult's estate The adult's estate The adult's estate The adult's estate The adult's estate On demand of payment On demand of payment On demand of payment I On demand of payment On demand of payment On demand of payment On demand of payment 8 Representation Agreement Act: Investigating, under

section 30(3), an objection about financial abuse 9 Residential Tenancy Regulation: Receiving money under

section 15 of B.C. Reg. 26/81 5% of the amount received and 5% of income earned on it The fund On receipt 10 Trust and Settlement Variation Act: Examining application under

section 3 $250 The applicant On service of application 11 Wills Variation Act: Examining Writ of Summons under

section 3 $250 The plaintiff On service of writ 6 of 6

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 182/2000
Type	order_in_council
Volume / chapter	arc oic 0182 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d108031be840c620524f38c22b96c1179d9b4281

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