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First
Session, 49th General Assembly 68 Elizabeth II, 2019 |
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AN ACT TO AMEND THE
PUBLIC TRUSTEE ACT, 2009 |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE ANDREW PARSONS, Q.C. Minister of Justice and Public Safety and Attorney General |
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Ordered to be printed by
the Honourable House of Assembly |
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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, 2009 Analysis 1.
S.4 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2009 cP-46.1 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 (1) Paragraph 4(2)(k) of the Public Trustee Act, 2009 is repealed and the following substituted: (k) perform other functions relating to financial or property matters that the public trustee is authorized or required to do by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 |