Interpretation

1.  In this Act "missing person" includes

(a) a person whose relatives residing at the place where he was last known to reside, and who would be likely to hear from him, have not heard from him or of him for at least 3 months last past, and have been unable to ascertain his whereabouts;

(b) in the case of a person having no relatives who would be likely to hear from him who reside at the place where he was last known to reside, any person whose associates at the place where he was last known to reside, and whose relatives, if any, with whom he had until then been in the habit of communicating, have none of them heard from him or of him for a period of at least 3 months last past, or been able to ascertain his whereabouts;

(c) a person who has been missing for a shorter period than 3 months, but who is otherwise a missing person within the meaning of paragraph (a) or (b), and who, on application being made to the Supreme Court, accompanied by evidence to the satisfaction of the court that there is urgent need of a curator being appointed under this Act for the preservation of the estate or the support of the dependants of that person, is declared by the court to be a missing person.

Historical Note(s): RS1960-90-2.

Court may appoint curator

2.  (1) On application being made to the Supreme Court, if it is satisfied that

(a) a person is a missing person within the meaning of this Act;

(b) the missing person owns or is interested in property in the Province; and

(c) it is expedient that a curator be appointed to manage, preserve, deal with or dispose of any or all of the property,

the court may appoint a person to be curator of the property or any part of the property of the missing person.

(2) On the application the court may make an ex parte order or may fix a date for the hearing of the application, and may direct that notice of the application be given to persons it thinks expedient and notice may be given either personally or by publication, as the court directs.

(3) An official administrator shall be appointed curator in all cases except where it is proved to the satisfaction of the court that some other fit and proper person would be a more desirable curator by reason of the business or personal relationship of the other person to the missing person, or by reason of any other facts or circumstances which to the court seem sufficient, and in any case the curator shall be subject to the control and supervision of the court as an officer of it.

(4) The order appointing a curator under this section may impose terms, as to security or othewise, and restrictions and conditions as the court thinks proper.

Historical Note(s): RS1960-90-3.

Powers of curator

3.  (1) On his appointment under this Act, a curator, in respect of the property of the missing person or the part of it as he has been appointed curator of, subject to the terms and restrictions imposed by this Act or by the order appointing him, has and may exercise the same powers of dealing with the property or part of it as the missing person himself would have if he were personally present and acting in the premises. All acts done by the curator after his appointment in respect of the property are binding on the missing person, his heirs, personal representatives and assignees.

(2) The custody and management of the property of a missing person is a trust and the curator a trustee within the meaning of sections 90, 91, 93, 98, 100 and 103 of the Trustee Act, and those sections apply to a curator appointed under this Act.

Historical Note(s): RS1960-90-4.

Sale of property

4.  No curator appointed under this Act has power to sell or mortgage any of the property of the missing person for whose property he has been appointed where the value of the portion of the property to be sold or the amount to be raised by mortgage exceeds $100, except with the approval of the Supreme Court obtained first.

Historical Note(s): RS1960-90-5.

Disposition of money

5.  A curator appointed under this Act shall use and dispose of the money coming into his hands from the property of the missing person as directed by the Supreme Court.

Historical Note(s): RS1960-90-6.

Actions by and against curator

6.  A curator may, with the sanction of the Supreme Court, sue and be sued in respect of the property of the missing person or a portion of it that he has been appointed curator of, and in any action it is not necessary for the curator to prove the continued existence or mental capacity of the missing person.

Historical Note(s): RS1960-90-7.

Removal of curator and appointment of new curator

7.  (1) The Supreme Court may, on the application of any person, remove from office a curator appointed under this Act, and may appoint any other person to be curator in his stead, and in the order appointing a new curator may limit or vary the restrictions already imposed or impose new restrictions. The person removed from office shall at once submit to the court a true inventory and account of the property which has come into his hands or under his control by reason of his appointment and of his dealings with it, and on the passing of accounts in accordance with the provisions for the passing of accounts of trustees under the Trustee Act and rules under it, the retiring curator may be discharged.

(2) The new curator appointed has all the same rights and powers as he would have had if he had been appointed curator under this Act in the first instance.

Historical Note(s): RS1960-90-8.

Power to vary orders

8.  The Supreme Court may at any time, on cause shown to its satisfaction, vary any order made by it under this Act.

Historical Note(s): RS1960-90-9.

Discharge of curator on termination of office

9.  When a person ceases to be a missing person within the meaning of this Act, or on the grant of probate of the will or of letters of administration of the estate of the missing person, the Supreme Court, on application to it, and on the accounts of the curator being passed in accordance with the provisions for the passing of accounts of trustees under the Trustee Act and rules under it, may discharge the curator appointed under this Act in respect of the property of the person.

Historical Note(s): RS1960-90-10.

Effect of filing order in land title office

10.  An office copy of the order appointing a curator or other order made under this Act is, when filed in any land title office, sufficient evidence to the Registrar of Titles of the authority of the curator to deal with the property as mentioned in it.

Historical Note(s): RS1960-90-11; 1978-25-334.

Effect of appointment of curator on powers of attorney previously given by missing persons

11.  On the appointment of a curator of the property or part of the property of any missing person, all authority given by the missing person before his disappearance in respect of the property or part of it, whether by power of attorney or otherwise, shall immediately become cancelled and void, but nothing in this Act shall be deemed to make void any act done by any person under authority from the missing person up to the time of that person learning of the appointment of the curator.

Historical Note(s): RS1960-90-12.

Jurisdiction of Supreme Court

12.  Where the property or part of the property of a missing person for which a curator is to be appointed does not exceed $7,500 the application for the appointment of a curator under this Act may be made to the Supreme Court and the provisions of this Act shall, with the necessary changes and as far as applicable, apply to the application and to the curator appointed under it.

Historical Note(s): RS1960-90-13; 1989-40-83.