Most estate practitioners are familiar with the requirements that the Public Guardian and Trustee be served with applications to appoint guardians of property and person and for court approval of settlements involving a person under a disability. The Public Guardian and Trustee has issued a statement in response to a CCCC inquiry about whether Ontario charities can access restricted purpose funds during COVID-19. Accountant of the Superior Court of Justice. (3) Where the Public Guardian and Trustee acting in any capacity holds property, not exceeding $20,000 in value, of a person who has died, the Public Guardian and Trustee has discretion, on receiving evidence satisfactory to him or her, to distribute the property to the person’s heirs or personal representative without requiring compliance with subsection (1). + escape(document.location.hostname.toLowerCase()); 13.1 (1) Subject to the approval of the advisory committee referred to in clause 14 (g), the Public Guardian and Trustee has power to fix the rates of interest to be paid on money in his or her hands. 1990, c. P.51, s. 16; 1992, c. 32, s. 25 (2). 8, s. 123 (1). 1992, c. 32, s. 25 (3). (10) Repealed:  2009, c. 33, Sched. In an earlier post, we shared the Ontario Public Guardian and Trustee’s (OPGT) temporary guidance for accessing restricted funds. 1992, c. 32, s. 25 (3). This page gives basic information to people who use, run, or donate to charities. (2) If the Public Guardian and Trustee is unable to act because of absence or illness, the deputy who was appointed first shall act in his or her place. c. The board must consider any guidance issued by the Public Guardian and Trustee; v. There must be at least five directors on the board; vi. Public Guardian and Trustee (PGT) services are funded by a combination of fees and commissions for services and supplementary funding from the Government of British Columbia. 2009, c. 33, Sched. R.S.O. (2) The Public Guardian and Trustee shall carry out the duties of the Accountant of the Superior Court of Justice and shall designate an employee appointed under subsection 1 (1) to hold that office. (3) The Accountant of the Superior Court of Justice is an officer of that court. Public Guardian and Trustee as trustee 5(4)Except as otherwise expressly provided by this Act, the Public Guardian and Trustee has all the powers and is subject to all the duties and obligations of a trustee under The Trustee Actor at common law or in equity. [CDATA[*/ (5) The Lieutenant Governor in Council may from time to time direct the payment into the Consolidated Revenue Fund of any balance at the credit of such account. This is the English version of a bilingual regulation. 1997, c. 23, s. 11 (4). 1992, c. 32, s. 25 (10); 2009, c. 33, Sched. Government of Ontario: Ministry of the Attorney General . 2002, c. 18, Sched. (iii) governing the management and investment of money paid into court. ONTARIO REGULATION 191/95. 2000, c. 26, Sched. Charities will be permitted to access and use the funds subject to certain conditions. Settlement Submissions Under The Infants Act: Public Guardian and Trustee's Requirements; Applications to Appoint a Trustee of a Trust for a Child Under the Family Law Act: Public Guardian and Trustee Guidelines ; Infant Settlement Review Process for MVA Related Settlements Post April 1 2019; Services to Adults . 1996, c. 2, s. 75 (3). } catch(e){} The Office of the Public Guardian and Trustee (OPGT) plays a role in protecting the public interest in charitable property. (2) In the case of real property, the Public Guardian and Trustee may register in the proper land registry office a notice claiming a lien and identifying the real property against which it is claimed. "http" : "https"); Learn more 4 The salaries or other remuneration of the Public Guardian and Trustee and of the employees in his or her office shall be fixed by the Lieutenant Governor in Council and may be paid out of the money that is appropriated by the Legislature for that purpose or out of any fund established under this Act, as the Lieutenant Governor in Council from time to time may direct. Security by Public Guardian and Trustee not necessary. 2006, c. 34, s. 20 (2). Office of the Public Guardian and Trustee. 3 (1) Where a trustee dies or remains out of Ontario for more than twelve months, or desires to be discharged from all or any of the trusts or powers reposed in or conferred on the trustee, or refuses or is unfit to act therein, or is incapable of acting therein, or has been convicted of an indictable offence or is bankrupt or insolvent, the person nominated for the purpose of appointing new trustees … While he addresses varying aspects of this topic, for today’s blog I review the … The Public Guardian and Trustee (PGT) is often appointed to review accounts where they are submitted to the court for approval by guardians of property, attorneys and estate trustees. 10.3 (1) For the purpose of identifying and locating minors and other persons who may be entitled to assets held by the Accountant of the Superior Court of Justice, the Public Guardian and Trustee is entitled to collect personal information from any source and to retain, use and disclose the personal information. 1990, c. P.51, s. 7 (2); 1992, c. 32, s. 25 (2). (3.1) For greater certainty, subsection (3) does not affect the disclosure of personal health information by the Minister of Health and Long-Term Care under clause 43 (1) (e) of the Personal Health Information Protection Act, 2004. 2000, c. 26, Sched. 10.2 (1) The Public Guardian and Trustee may store information in any form or medium and may at any time transfer or re-transfer it to another form or medium, in whole or in part. var _gaq = _gaq || []; })(); 2020, c. 11, Sched. (b) a mentally incapable person is the sole shareholder and for whom the Public Guardian and Trustee acts as the guardian of property if it is necessary and expedient to do so to protect or preserve the interest of the mentally incapable person in the corporation or to provide for the orderly winding-up or dissolution of the corporation. 11 All sums required to discharge any liability for a loss that the Public Guardian and Trustee, if he or she were a private trustee, would be personally liable to discharge, shall be made good out of the assurance fund or out of the Consolidated Revenue Fund, but neither the Public Guardian and Trustee nor any of his or her employees nor the assurance fund is liable for any loss that would not have imposed liability upon a private trustee. (“renseignements personnels”)  2002, c. 18, Sched. 1992, c. 32, s. 25 (10). B, s. 13; 2002, c. 18, Sched. })(); 13.2 The Not-for-Profit Corporations Act, 2010 does not apply to the Public Guardian and Trustee except as is prescribed by regulation. (4) The Public Guardian and Trustee may in writing delegate any of his or her powers or duties to an employee in his or her office. (3) The Public Guardian and Trustee has perpetual succession and an official seal, and may sue and be sued in his or her corporate name. 2002, c. 18, Sched. 18, s. 1. A, s. 14 (2). The Office of the Public Guardian and Trustee (“OPGT”) delivers a unique and diverse range of services that safeguard the legal, personal and financial interests of private individuals and estates. (2) When the authenticated copy or other document of like import is produced to the Public Guardian and Trustee under subsection (1), there shall be deposited with him or her a true copy thereof. 1990, c. P.51, s. 4; 1992, c. 32, s. 25 (2). 2, s. 62 (2). 8 (1) The Public Guardian and Trustee may charge fees for anything done by the Public Guardian and Trustee under this or any other Act. Form 2 – Management Plan. R.S.O. try{ 1996, c. 2, s. 75 (2). (6) Payments into and out of such account shall be made in such manner and subject to such conditions as are prescribed in the regulations made under this Act. 8, s. 123 (1)). By legislation enacted in 2016, the former offices of the Public Trustee for the ACT and the Guardianship Unit of the Public Advocate of the ACT became merged as the Public Trustee and Guardian with effect from 1 April 2016. R.S.O. var _s = document.createElement("script"); This schedule prevails over fees of the Public Guardian and Trustee under any other Act, except s. 40(3) of the Substitute Decisions Act, in Accordance with s. 8(4) of the Public Guardian and Trustee Act, R.S.O. R.S.O. The AGTA is an Alberta law that came into force on October 30, 2009. Public Guardian and Trustee is called the person’s “guardian of property”. Note: Where the document is completed as part of an application for court appointed guardianship of property, please insert general heading and court file number. 1996, c. 2, s. 75 (1). R.S.O. var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; (9) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply when information is collected under this section. (3.1) The Public Guardian and Trustee may deduct fees and expenses from the money held for a person, estate or trust. The Office of the Public Guardian and Trustee ( OPGT) is part of Ontario's Ministry of the Attorney General. (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. Public Guardian and Trustee Act. 8.1 (1) The Public Guardian and Trustee has a lien on the real and personal property of a person, estate or trust for whom he or she acts or has acted, for the following amounts: 1. 8.2 If the Public Guardian and Trustee holds money of an estate or trust and has applied or proposes to apply to pass its accounts, he or she may withhold an amount sufficient to secure his or her costs of the passing of accounts. A, s. 17 (2). Consolidation Period: From January 1, 2013 to the e-Laws currency date. 2. The Public Guardian and Trustee (PG&T) is an entity established under the Public Guardian and Trustee Act, RSBC 1996, c 383 with a unique statutory role to protect the interests of British Columbians who lack the legal capacity to protect their own interests. 12 The Public Guardian and Trustee may accept and administer any charitable or public trust. A, s. 17 (1); 2009, c. 33, Sched. (1.1) The Public Guardian and Trustee shall not be appointed as a trustee, by a court or otherwise, without his or her consent in writing. 1990, c. P. 51, as amended. R.S.O. Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, section 14 of the Act is amended by adding the following clause: (See: 2017, c. 20, Sched. A, s. 17 (1); 2009, c. 33, Sched. (vi) respecting the deposit and custody of mortgages, securities, other instruments and other personal property mentioned in subclause (v) and the duties, if any, that the officer or employee in whose name they are taken has in respect of them; Note: On a day to be named by proclamation of the Lieutenant Governor, section 14 of the Act is amended by adding the following clause: (See: 2020, c. 11, Sched. 2, s. 62 (1). R.S.O. 2001, c. 9, Sched. (4) A person other than an institution may disclose to the Public Guardian and Trustee information requested under subsection (1). “record of the Public Guardian and Trustee” means a document or other information that the Public Guardian and Trustee creates or receives in any medium and records or stores in that medium or in any other medium. “personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act. A, s. 14 (3). (4) Each advisory committee shall make an annual report to the Attorney General on the performance of its duties and the exercise of its powers. 2, s. 62 (7). incapable people, protecting the 5 (1) The Public Guardian and Trustee shall discharge the duties imposed upon him or her by any Act of the Legislature or by the Lieutenant Governor in Council, and the Public Guardian and Trustee shall also make inquiries from time to time as to property that has escheated, or become forfeited for any cause to the Crown, or in which the Crown in right of Ontario may be interested. B, s. 18. Fees and commissions charged by the PGT are established by the BC government under the Public Guardian and Trustee Act and are set out in the Public Guardian and Trustee Fees Regulation. 6, s. 81. Personal Health Information Protection Act, 2004. Sudbury, Ontario, Canada Financial Guardian of Property and Assets Court and client representative / Court Registrar Ministry of the Attorney General Sep 2018 - May 2019 9 months. R.S.O. 8, s. 123 (2)). The Public Trustee and Guardian (PTG) is an ACT Territory Authority. (3) The fees may be calculated on a flat rate basis for each thing done, on an hourly basis, on the basis of actual costs incurred by the Public Guardian and Trustee, as a percentage of the income or capital of an estate, or in any other manner that the Public Guardian and Trustee considers appropriate. By legislation enacted in 2016, the former offices of the Public Trustee for the ACT and the Guardianship Unit of the Public Advocate of the ACT became merged as the Public Trustee and Guardian with effect from 1 April 2016. 1990, c. P.51, s. 9 (2); 1992, c. 32, s. 25 (2). 1990, c. P.51, s. 9 (4); 1992, c. 32, s. 25 (2). (3) Without limiting subsection (1), if, in the course of the exercise or intended exercise of any power or the performance of any duty under this Act or any other Act, the Public Guardian and Trustee becomes a director of a corporation, the Public Guardian and Trustee shall not be liable as a director under any Act in respect of any debt or other liability of the corporation, or any claim against the corporation, or for any act or omission by the corporation or by the Public Guardian and Trustee acting in his or her capacity as director, if he or she has acted honestly and in good faith with a view to the best interests of the corporation. Ministry of the Attorney General - London Office - Office of the Public Guardian and Trustee Phone Numbers : B, s. 18. 17, s. 145. Substitute Decisions Act, 1992. Freedom of Information and Protection of Privacy Act Consolidation Period:  From July 8, 2020 to the e-Laws currency date. “head” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“personne responsable”), “institution” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“institution”), “personal health information” has the same meaning as in the Personal Health Information Protection Act, 2004; (“renseignements personnels sur la santé”). 2009, c. 33, Sched. B, s. 12 (1). The Office of the Public Guardian and Trustee has multiple functions and involvement in a diverse range of legal proceedings. R.S.O. It also plays an important role in monitoring the activities of charities in Ontario. A, s. 14 (3). var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); I recently happened across Richard Coutinho’s paper on the involvement of the PGT in passings of accounts. (2) The Lieutenant Governor in Council may appoint, under the Public Service Act, as Public Guardian and Trustee a person who meets the criteria established under section 28 (2) (a). 1990, c. P.51, s. 5; 1992, c. 32, s. 25 (2, 4). 1992, c. 32, s. 25 (5); 2019, c. 7, Sched. (4) The Public Guardian and Trustee is not liable for a distribution made under subsection (3) that is carried out prudently and in good faith. The Adult Guardianship and Trusteeship Act Centre for Public Legal Education Alberta www.cplea.ca 4 What is the Adult Guardianship and Trusteeship Act (AGTA)? What is the legal authority for this service? (ii) respecting money paid into court and governing its payment into and out of court. 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