public guardian and trustee act ontario

12 The Public Guardian and Trustee may accept and administer any charitable or public trust. 2. 10 (1) Where the Public Guardian and Trustee acting in any capacity holds property of a person who has died and to which the person’s personal representative is entitled, the production to the Public Guardian and Trustee of. De très nombreux exemples de phrases traduites contenant "Public Guardian and Trustee Act" – Dictionnaire français-anglais et moteur de recherche de traductions françaises. It also plays an important role in monitoring the activities of charities in Ontario. Since then, a number of questions have arisen and the OPGT has provided a list of six Q&A’s to help clarify a number of situations. 2, s. 62 (3). Program: Public Guardian and Trustee. 18 Every person employed in the performance of the duties imposed upon the Public Guardian and Trustee by this or any other Act or by the Lieutenant Governor in Council shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of such employment and shall not communicate any such matters to any person other than to a person legally entitled thereto or to the person’s legal counsel except as may be required in connection with the administration of this Act and the regulations under this Act or any proceedings thereunder. 2002, c. 18, Sched. 9 (1) All fees, and other income of the office of every description shall be paid by the Public Guardian and Trustee into a separate account as prescribed by the regulations made under this Act. The Public Trustee and Guardian (PTG) is an ACT Territory Authority. (3) If the Public Guardian and Trustee dies or resigns the office, the deputy who was appointed first shall act as Public Guardian and Trustee until a successor is appointed. (4) If the Public Guardian and Trustee acts as a director of a corporation on behalf of a deceased person’s estate or a mentally incapable person, the Public Guardian and Trustee may obtain an indemnity from the estate of the deceased or mentally incapable person against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a director of the corporation if he or she has acted honestly and in good faith with a view to the best interests of the corporation. A, s. 17 (1); 2009, c. 33, Sched. 1990, c. P.51, s. 19; 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. 3 PUBLIC GUARDIAN AND TRUSTEE c. P-36.3 CHAPTER P-36.3 An Act respecting the Public Guardian and Trustee SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Public Guardian and Trustee Act. (f.1) prescribing an amount for the purposes of subsection 10 (3); (g) for constituting a committee for the purposes of section 13.1 and to advise the Public Guardian and Trustee generally on investments and other property management issues; (h) for constituting a committee to advise the Public Guardian and Trustee generally on guardianship matters; (i) for constituting committees to advise the Public Guardian and Trustee generally on other matters; (j) for providing for the remuneration, by fees or otherwise, of the members of the advisory committees; (k) establishing criteria for determining hardship for the purposes of subsection 8 (3.2). Where the … Learn more 1996, c. 2, s. 75 (3). January 8, 2018 January 8, 2018 Garrett Horrocks Estate & Trust, Estate Planning, Litigation Tags: crown administration of estates act, Elder Law, Estate Litigation, estate planning, Executors and Trustees, office of the public guardian and trustee 0 Comments. 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 … (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). 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. The current Public Guardian Trustee is Kenneth R. Goodman. 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. 2002, c. 18, Sched. “copy of a record of the Public Guardian and Trustee” includes, (b) a print-out of a document or of other information that is stored electronically, and, (c) a print from photographic film; (“copie d’un dossier du tuteur et curateur public”). What is the Public Guardian and Trustee? (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. 2002, c. 18, Sched. 2009, c. 33, Sched. 2, s. 62 (7). A, s. 17 (1); 2009, c. 33, Sched. (3) The Accountant of the Superior Court of Justice is an officer of that court. 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. 2, s. 62 (2). 1990, c. P.51, s. 18; 1992, c. 32, s. 25 (2). “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”). 118/12. 1992, c. 32, s. 25 (1). R.S.O. 2009, c. 33, Sched. (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. Ontario Public Guardian and Trustee May 2019 - Present 1 year 7 months. _h.appendChild(_s); The Public Guardian and Trustee of Manitoba is a provincial government Special Operating Agency that manages and protects the affairs of Manitobans who are unable to do so themselves and have no one else willing or able to act. 1992, c. 32, s. 25 (5). 18, s. 1. This page gives basic information to people who use, run, or donate to charities. The Public Guardian and Trustee (PGT) provides services to clients through three broad operational program areas: Child and Youth Services; Services to Adults; and Estate and Personal Trust Services. 8, s. 123 (1). 1996, c. 2, s. 75 (3). R.S.O. 1990, c. P.51, s. 4; 1992, c. 32, s. 25 (2). (8) This section applies despite anything in the (l) prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Public Guardian and Trustee and prescribing any modifications, if necessary. (2) The Public Guardian and Trustee shall establish the fees, subject to the approval of the Attorney General. 19 The Public Guardian and Trustee shall, at the end of each fiscal year, prepare a report on his or her operations and submit it to the Attorney General who shall submit the report to the Lieutenant Governor in Council and then lay the report before the Assembly, if it is in session or, if not, at its next session. 13 Except as provided by this Act and the Substitute Decisions Act, 1992, sections 27 to 31 of the Trustee Act apply, with necessary modifications, to the investment of any property that is available for investment by the Public Guardian and Trustee. (3) The Public Guardian and Trustee may consult with the committees on the policies of his or her office. A, s. 17 (1); 2009, c. 33, Sched. Mr. Goodman oversees the delivery of operations by the Office of the Public Guardian and Trustee through its three-hundred staff in six local offices located throughout the … 1990, c. P.51, s. 9 (5, 6). 2006, c. 34, s. 20 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (3) of the Act is repealed and the following substituted: (See: 2020, c. 11, Sched. Ontario. (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. While Ontario provides for citizens to make their own decisions and appoint substitute decision-makers, there is also provision for a Public Guardian and Trustee who can act on behalf of citizens who are mentally incapable of dealing with their own finances and where there is no one else who can do so. A, s. 14 (3). 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. (4) A person other than an institution may disclose to the Public Guardian and Trustee information requested under subsection (1). (10) Repealed:  2009, c. 33, Sched. (2) It is not necessary for the Public Guardian and Trustee to retain a record or an original document if the information it contains has been stored in some other form or medium. 'https://ssl' : 'http://www') + '.google-analytics.com/ga.js'; (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. })(); 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. Read the details on our policy and feedback mechanism respecting service to people with disabilities. B, s. 12 (2). } catch(e){} 2000, c. 26, Sched. 1997, c. 23, s. 11 (3). 17, s. 145. R.S.O. 18, s. 2). (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. July 15, 2004 "Louise Stratford" Louise A. Stratford, Public Guardian and Trustee (2) There shall be paid out of such account the salaries or other remuneration and the expenses of the Public Guardian and Trustee and the employees in his or her office. (iii) governing the management and investment of money paid into court. (6) Repealed:  2009, c. 33, Sched. 17 The Auditor General shall examine and report upon the accounts and financial transactions of the Public Guardian and Trustee. (function(){ 2006, c. 19, Sched. Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, the Act is amended by adding the following section: (See: 2017, c. 20, Sched. (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. Substitute Decisions Act, 1992. 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. A, s. 17 (1). (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. A, s. 14 (1). public's interest in charities, searching for heirs for estates which the, Compensation agreements relating to estates administered by the, Office locations and contact 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 . 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. Question regarding how the charity can show it’s in danger of closing and what steps it should … (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. 2001, c. 9, Sched. 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 … var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(ga, s); 2, s. 62 (6). 1992, c. 32, s. 25 (10). 3. R.S.O. Freedom of Information and Protection of Privacy Act (4) Despite the Crown Administration of Estates Act, the Lieutenant Governor in Council may direct that money coming to the hand of the Public Guardian and Trustee under that Act shall be placed to the credit of such account and applied to the purposes of subsection (2). The Office of the Public Guardian and Trustee ( OPGT) is part of Ontario's Ministry of the Attorney General. 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. 2002, c. 18, Sched. PUBLIC GUARDIAN AND TRUSTEE P-36.3 REG 1 3 CHAPTER P-36.3 REG 1 The Public Guardian and Trustee Act Title 1 These regulations may be cited as The Public Guardian and Trustee Regulations. R.S.O. 1997, c. 23, s. 11 (2). (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. Personal Health Information Protection Act, 2004. 18, s. 1). 1990, c. P.51, s. 12; 1992, c. 32, s. 25 (2). 2, s. 62 (5). These are reproduced below. 8, s. 123 (2)). Last amendments: O. Reg. The Public Guardian as Estate Trustee: Policy Considerations. (Repealed) 4.Crown to be bound 5.Provision about the Child Protection (International Measures) Act 2003 6. 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. var _s = document.createElement("script"); (ii) respecting money paid into court and governing its payment into and out of court. A, s. 14 (3). (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. The Office of the Public Guardian and Trustee has multiple functions and involvement in a diverse range of legal proceedings. (5) Despite paragraph 3 of subsection 118 (1) of the Business Corporations Act, the Public Guardian and Trustee may act as a director of a corporation in which, (a) a deceased person was the sole shareholder and for whose estate the Public Guardian and Trustee acts as estate trustee if it is necessary and expedient to do so to protect or preserve the interest of the deceased person’s estate in the corporation or to provide for the orderly winding-up or dissolution of the corporation; or. Purpose of Form: A Management Plan must be submitted when a person applies under s. 17(1) of the Substitute Decisions Act, 1992 to replace the Public Guardian and Trustee as an incapable person's statutory guardian of property (using Form 1). Accountant of the Superior Court of Justice. (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. /*

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