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Part 1 — Duties and Obligations of Public Guardian and Trustee
2 (1) The Public Guardian and Trustee may petition the court on behalf of infants who possess or are entitled to land in British Columbia for an order to dispose of all or part of the land.
(2) The court may proceed in a summary manner on affidavits to inquire into the merits of the application.
(3) The court may order that a disposition of the land be made by the Public Guardian and Trustee in the manner and with the restrictions the court believes appropriate if the court
(a) is of the opinion that the disposition is expedient, necessary or proper in the interests of the infant or for the infant's maintenance or education, or
(b) is satisfied that part of the land is wasting, dilapidating or depreciating from any cause and the infant's interest requires the disposition or will be substantially promoted by the disposition.
(a) the nature and amount of property, other than land, if any, to which the infant is entitled, and
(b) the necessity for resorting to the land, its nature, value, and the annual net revenue from it.
(a) designate the land proposed to be disposed of,
(b) propose a scheme for that purpose and for the disposition of the proceeds, and
(c) state specifically the relief desired and circumstances sufficient to justify the disposition of the land and the proposed application of the proceeds.
4 (1) Each disposition made by the Public Guardian and Trustee under an order made under section 2 (3) is as effectual as if the infant had executed it and had been of the age of 19 years at the time.
(2) It is not necessary in the transfer to recite any part of the proceedings, but the transfer must briefly refer to the order.
5 The money arising from the disposition must be applied and disposed of in a manner the court directs.
6 (1) A disposition does not give to the infant any other or greater interest in the proceeds of the disposition than the infant had in the property disposed of.
(2) The heirs, next of kin, or other representatives of the infant have the same interest in any surplus of the proceeds that remains at the death of the infant as they would have had in the land disposed of as if the disposition had not been made.
7 (1) If land of an infant is subject to an uncertain encumbrance, and the person entitled to the encumbrance consents in writing to accept in place of the encumbrance a sum of money that the court thinks reasonable, or the permanent investment of a reasonable sum of money in a manner that the interest is made payable to the person entitled to the encumbrance during the person's life, the court may direct payment of the sum or the investment of the other sum of money out of the proceeds of the disposition of the land.
(2) If land of an infant is subject to a lien or encumbrance of uncertain duration, the court may
(a) compute its reasonable value,
(b) order a disposition of the land of the infant discharged from the lien or encumbrance, and
(c) direct the payment of the value of the lien or encumbrance out of the proceeds of the disposition.
8 (1) If it appears to the Public Guardian and Trustee that there are grounds for believing that a disposition of land in which an infant is interested is being made or is about to be made by a personal representative or other person to the prejudice of the infant, the Public Guardian and Trustee may lodge a caveat with the proper registrar of titles prohibiting any dealing with or registration affecting the land until
(a) an order of the court is obtained approving of the disposition, or
(b) the caveat is withdrawn or otherwise discharged.
(2) The Public Guardian and Trustee may
(a) take the steps the Public Guardian and Trustee considers necessary to protect the infant, and
(b) attend at a hearing before the court.
(3) On the application of the Public Guardian and Trustee, the court may make the order considered necessary to protect the interests of the infant.
9 If a notice to proceed has been delivered to the Public Guardian and Trustee under section 20 or 26 of the Limitation Act and it appears to the Public Guardian and Trustee that the guardian to whom that notice was delivered is failing to take reasonable steps to protect the interests of the disabled plaintiff or is otherwise acting to the prejudice of the disabled plaintiff, the Public Guardian and Trustee must
(a) investigate the circumstances stated in the notice and out of which the claim may arise or be claimed to arise, and
(b) commence and maintain a proceeding for the benefit of the disabled plaintiff if the Public Guardian and Trustee believes that the proceeding would have a reasonable prospect of succeeding and would result in a judgment that would justify commencing it.
10 The court may direct that the costs of
(a) a proceeding commenced by the Public Guardian and Trustee, or
(b) a proceeding in which it is necessary or expedient for the Public Guardian and Trustee to attend
be taxed and paid either out of the estate of the infant or by any other person who is a party to the proceeding.
12 If the Public Guardian and Trustee is the property guardian of an infant, the Public Guardian and Trustee may, for any money or other property of the infant held by the Public Guardian and Trustee or to the Public Guardian and Trustee's account, exercise for the benefit of the infant the powers conferred on trustees by section 24 of the Trustee Act and, without obtaining leave of the court, by section 25 of that Act.
13 (1) The Public Guardian and Trustee, in the Public Guardian and Trustee's sole discretion, may authorize payment of all or part of the money in court to the credit of an infant for the infant's maintenance, education or benefit.
(2) Subsection (1) applies despite the terms, governing the money in court, of an agreement, settlement, compromise or other arrangement, or of an order of the court, other than an order of the court on appeal under subsection (3).
(3) An infant, without the appointment of a guardian for the appeal, or any person on an infant's behalf, in a summary manner on 10 days' notice in writing to the Public Guardian and Trustee, may appeal to the court against an order, or the refusal to make an order, under subsection (1) or section 14 (1).
14 (1) If the Public Guardian and Trustee holds money in trust for an infant, the Public Guardian and Trustee may authorize payment of all or part of the money for the maintenance, education or benefit of the infant.
(2) Subsection (1) is subject to the terms of a will or trust deed, if any, that establishes specific terms for the trust.
15 If the Public Guardian and Trustee employs a barrister or solicitor in a proceeding about the property of an infant, the barrister or solicitor is entitled to receive from the infant's property, through the Public Guardian and Trustee, or otherwise, costs for the barrister's or solicitor's services that are usually allowed in a proceeding of a similar nature in the court.
16 (1) Subject to subsection (3), on termination of the Public Guardian and Trustee's guardianship of a ward because of the ward reaching 19 years of age, the Public Guardian and Trustee, after deducting any commission and settling the claims and liability of the property arising or accruing due before the ward's majority, must
(a) pay or transfer the property of the ward to the ward on receiving the ward's release, or
(b) if the ward requests, pass the Public Guardian and Trustee's accounts as a guardian under the Supreme Court Civil Rules.
(2) On termination of the Public Guardian and Trustee's guardianship of an infant for any other reason, the Public Guardian and Trustee, after deducting any commission, must pass the Public Guardian and Trustee's accounts under the Supreme Court Civil Rules.
(a) who was, until reaching 19 years of age, in the continuing custody of the director under the Child, Family and Community Service Act and had the Public Guardian and Trustee acting as property guardian,
(b) who was, until reaching 19 years of age, under the property guardianship of the Public Guardian and Trustee under section 51 of the Infants Act, or
(b.1) who was, until reaching 19 years of age, under the property guardianship of the Public Guardian and Trustee in accordance with an agreement entered into under section 51.1 of the Child, Family and Community Service Act
reaches 19 years of age and enters into an agreement with the Public Guardian and Trustee under section 6 (b) (v) of the Public Guardian and Trustee Act, subsection (1) does not apply until the earlier of the following:
"health care" means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health related purpose, and includes a course of health care;
"health care provider" includes a person licensed, certified or registered in British Columbia to provide health care.
(2) Subject to subsection (3), an infant may consent to health care whether or not that health care would, in the absence of consent, constitute a trespass to the infant's person, and if an infant provides that consent, the consent is effective and it is not necessary to obtain a consent to the health care from the infant's parent or guardian.
(3) A request for or consent, agreement or acquiescence to health care by an infant does not constitute consent to the health care for the purposes of subsection (2) unless the health care provider providing the health care
(a) has explained to the infant and has been satisfied that the infant understands the nature and consequences and the reasonably foreseeable benefits and risks of the health care, and
(b) has made reasonable efforts to determine and has concluded that the health care is in the infant's best interests.
19 (1) Subject to this Part, a contract made by a person who was an infant at the time the contract was made is unenforceable against the person unless it is
(a) a contract specified under another enactment to be enforceable against an infant,
(b) affirmed by the infant when the infant reaches the age of majority,
(c) performed or partially performed by the infant within one year after the infant attains the age of majority, or
(d) not repudiated by the infant within one year after the infant reaches the age of majority.
(2) A contract that is unenforceable against an infant under subsection (1) is enforceable by an infant against an adult party to the contract to the same extent as if the infant were an adult at the time the contract was made.
19.1 (1) In this section, "student loan agreement" means an agreement in writing between a person and the government setting out the terms and conditions
(a) on which the government agrees to lend money to the person to enable the person to attend a post-secondary institution, or
(b) on which a loan described in paragraph (a) is to be repaid,
and includes amendments to the agreement.
(2) A student loan agreement that a person who is an infant enters into is enforceable by and against the person to the same extent as if the infant were an adult at the time the agreement was entered into.
20 (1) If a contract is unenforceable against an infant under section 19 (1),
(b) if the infant has repudiated or is in breach of the contract, another party to the contract,
may apply to a court of competent jurisdiction for relief against
(c) a party to the contract, or
(d) subject to subsection (5), any person who has acquired a right to or interest in property transferred under the contract.
(2) In an application under subsection (1), the court may order that
(a) compensation be paid by or to any of the parties to the contract,
(b) there be restitution of property,
(c) the parties to the application be discharged from further obligations under the contract or with respect to property transferred under the contract, or
(d) compensation be paid to a person, not a party to the contract, who has been ordered to make restitution of property.
(3) Before making an order under subsection (2), the court must consider
(a) the circumstances surrounding the making of the contract,
(b) whether the infant induced any person to enter into the contract by misrepresenting the infant's age,
(c) the subject matter and nature of the contract,
(d) in the case of a contract relating to property, the nature and value of the property,
(e) the age and means of the infant,
(f) whether any party to the application has so changed the party's position that it would be unfair or inequitable to make an order against the party, and
(g) any other relevant circumstances.
(4) For the purposes of subsection (3) (b), an infant does not induce a person to contract with the infant on the basis of a misrepresentation as to the infant's age
(a) if the person to whom the misrepresentation was made did not have reasonable grounds for believing that the misrepresentation was true, or
(b) merely because the infant signed or otherwise adopted a document relating to the transaction that
(i) contained a statement that the infant was 19 years of age or otherwise had contractual capacity,
(ii) was prepared and tendered by or on behalf of the other person, and
(iii) was prepared and used by the other person in similar transactions.
(5) If property has been transferred under a contract that is unenforceable against an infant under section 19 (1), relief must not be given under this section against a person who has acquired a right to or interest in the property if
(a) that person is not a party to the contract, and
(b) the property had been transferred in good faith and for value
(ii) to any of the person's predecessors in title who was not a party to the contract.
(6) A disposition of property or a grant of security or other interest in property made under a contract that is unenforceable against an infant under section 19 (1) is effective to transfer the property or interest, unless and until an order respecting that transfer is made under subsection (2).
21 (1) On an application on behalf of an infant, the court may make an order granting to the infant
(b) capacity to enter into a contract or class of contract specified in the order.
(2) The court must not make an order under subsection (1) unless the court is satisfied that the order is for the benefit of the infant and that, having regard to the circumstances of the infant, the infant is not in need of the protection offered by law to infants in matters relating to contracts.
(3) Section 19 (1) does not apply to a contract made by an infant in accordance with an order made under subsection (1).
(4) Unless the court otherwise orders, notice in writing of an application under subsection (1) must be served on the Public Guardian and Trustee and the guardian of the infant, other than the litigation guardian, not less than 10 days before the date of the hearing of the application.
22 (1) The Public Guardian and Trustee may, on an application made on behalf of an infant, make an order granting contractual capacity or ratifying a specific contract that the infant proposes to enter into or has entered into, if the Public Guardian and Trustee considers that the making of such an order would be in the interest of the infant.
(2) Before making an order under subsection (1), the Public Guardian and Trustee must consider
(a) the nature, subject matter and terms of the contract,
(b) the requirements of the infant, having regard to the infant's particular circumstances,
(c) the age and means of the infant, and
(d) the wishes of the infant's parent or guardian.
(3) Section 19 (1) does not apply to a contract made by an infant in accordance with an order made under subsection (1).
(4) An action must not be brought against the Public Guardian and Trustee arising out of the making of an order under subsection (1).
(5) If, on an application under subsection (1), the Public Guardian and Trustee refuses to grant capacity or ratify a contract in respect of which the application was made, an application for review on behalf of the infant may be made to the court, and the court may make any order that the Public Guardian and Trustee could have made under subsection (1).
23 A person who enters into a guarantee or an indemnity, or who otherwise undertakes to be responsible for the failure of an infant to carry out a contractual obligation, is bound by that guarantee, indemnity or undertaking even if the contract in respect of which the guarantee, indemnity or undertaking was made is unenforceable against the infant.
24 Nothing in this Act
(a) disentitles an infant to any defence that is available to a person of full capacity, or
(b) imposes on an infant, because of the infant's minority, any greater liability than that of a person of full capacity.
25 Nothing in this Act affects the rule of law by which a person is not liable in tort, if the action in tort
(d) is an indirect means of enforcing
a contract that is unenforceable against the person under section 19 (1).
26 (1) An adult party may, by notice in writing given within one year after an infant with whom the adult has entered a contract has reached the age of majority, request that person to affirm or repudiate the contract.
(2) If a person who receives a notice under subsection (1) fails, within 60 days, to affirm the contract, the person is deemed to have repudiated it.
27 An adult who was an infant at the time of entering a contract is deemed to repudiate the contract if, within one year after reaching the age of majority, the adult
(a) refuses to perform the contract or a material term of it,
(b) has made a claim for relief under section 20, or
(c) gives, or makes reasonable efforts to give, oral or written notice of repudiation to another party to the contract.
28 The domicile of an infant is,
(a) if the infant usually resides with all of the infant's parents and those parents have a common domicile, that domicile,
(b) if the infant usually resides with one parent only, that parent's domicile,
(c) if the infant usually resides with a person who is not a parent of the infant and that person has guardianship or custody of the infant, that person's domicile, or
(d) if the infant's domicile cannot be determined under paragraph (a), (b) or (c), the jurisdiction with which the infant has the closest connection.
32 (1) If an infant is or becomes entitled to a lease made or to be made for the life or lives of one or more persons, or for any term of years, it is lawful for the infant, the infant's guardian or another person on the infant's behalf to apply to the court by petition in a summary way.
(2) By the order of the court, the infant, the infant's guardian or a person appointed by the court in the place of the infant may by deed surrender the lease and accept, in its place and for the benefit of the infant, a new lease of the premises comprised in the lease surrendered for the number of lives or for the term of years as provided in the lease surrendered, or otherwise, as the court directs.
33 Money and other consideration paid by a guardian or other person as a fine, premium or income for the renewal of the lease, and all reasonable incidental charges, is to be paid out of the property of the infant for whose benefit the lease is renewed, or is to be a charge on the leasehold premises, together with interest, as the court directs.
34 A renewed lease operates and is liable to the same trusts, charges, encumbrances, dispositions, devices and conditions as the lease surrendered.
35 If a person under 19 years of age might, under a covenant or agreement, if not under disability, be compelled to renew a lease made or to be made for the life or lives of one or more persons, or for any term of years, the infant or the infant's guardian in the infant's name, by the direction of the court by order made on a summary application of the infant, guardian or any person entitled to the renewal, may accept a surrender of the lease and make a new lease of the same premises, for the number of lives, the term or otherwise as the court directs.
36 (1) If a person under 19 years of age holds or is entitled to land or to leasehold land for an absolute interest, and it appears to the court to be for the person's benefit that a lease be made of the property for a term of years, to encourage the erection of buildings on the land, to repair buildings on it, to work mines, or to otherwise improve the land, or for farming or other purposes, the infant or the infant's guardian in the infant's name, by the order of the court made on a summary application of the infant or the infant's guardian, may lease the land or a part of it, to the extent of the infant's interest in it, for the term and subject to the rents and covenants the court directs.
(2) In no case must any fine or premium be taken.
(a) the best rent that can be obtained, regard being had to the nature of the lease, must be obtained,
(b) the lease and covenants must be settled and approved by the court,
(c) one copy of the lease must be executed by the lessee, and
(d) a copy executed by each party must be deposited for safe custody in a district registry of the court until the infant reaches 19 years of age, with liberty to proper parties to use them, if required, to enforce the covenants in them.
37 (1) If a person who, under a covenant or agreement in writing, if within the jurisdiction and subject to the process of the court, might be compelled to execute a renewal of a lease, is not within the jurisdiction or not amenable to the court's process, the court, by order made on the petition of a person entitled to the renewal, whether or not the person is under disability, may direct a person the court thinks proper to accept a surrender of the subsisting lease, and make a new lease in the name of the person who ought to have renewed it.
(2) The court, in its discretion, in the circumstances, may direct an action be brought to establish the right of the party seeking the renewal before an order for a new lease is made.
(3) A lease made under an order referred to in subsection (1) is as valid as if it were made by the person named and the person had been alive and not under any disability.
38 A renewal lease must not be made under this Act, under a covenant or agreement, unless the fine, if any, and the things, if any, as ought to be paid or performed by the lessee are first paid and performed.
39 All money received for a lease renewal, after deduction of necessary incidental charges and expenses, must be paid,
(a) if the renewal is by or for an infant, to the infant's guardian, to be disposed of for the infant's benefit, as the court directs, or
(b) if the renewal is made in the name of a person out of or not amenable to the jurisdiction, to the person, in the manner, or into court to the account, to be disposed of as the court directs.
40 (1) In subsections (7) and (11), "order" means an order of the Provincial Court if the Provincial Court has jurisdiction over the proceeding for recovery of the unliquidated damages.
(1.1) A guardian may make a binding agreement for an infant,
(a) if the agreement involves a consideration not greater than $10 000, with the consent of the Public Guardian and Trustee, or
(b) in a case other than one referred to in paragraph (a), with the approval of the court by order made on the petition of a party to the agreement.
(2) Subsection (1.1) does not apply to an agreement to settle a claim by an infant for unliquidated damages.
(3) An agreement to indemnify a person as a result of the person making an agreement with another person for an infant is void unless consented to or approved under subsection (1.1).
(4) If an agreement to settle a claim by an infant for unliquidated damages is proposed before a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is not greater than $50 000, exclusive of interest and costs,
(a) a guardian, with the consent of the Public Guardian and Trustee, or
(b) the Public Guardian and Trustee
may make a binding agreement for the settlement of the claim.
(5) If an agreement to settle a claim by an infant for unliquidated damages is proposed before a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is greater than $50 000, exclusive of interest and costs,
(a) a guardian of the infant, or
(b) the Public Guardian and Trustee,
on receipt of a court order granting approval, may make a binding agreement for the settlement of the claim.
(6) An application for approval of the court under subsection (5) must be made by application of a party to the proposed agreement.
(7) If an agreement to settle a claim by an infant for unliquidated damages is proposed after a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is not greater than $50 000, exclusive of interest and costs, a litigation guardian, with the consent of the Public Guardian and Trustee, may consent to an order awarding damages in favour of the infant.
(8) If an agreement to settle a claim by an infant for unliquidated damages is proposed after a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is greater than $50 000, exclusive of interest and costs, a litigation guardian, on receipt of a court order granting approval, may consent to an order awarding damages in favour of the infant.
(9) An application for approval of the court under subsection (8) must be made
(a) to the court in which the proceeding has been commenced, and
(b) by application of a party to the proceeding.
(10) Before a party, other than the Public Guardian and Trustee, applies for approval of the court under subsection (5) or (8), the party must obtain written comments from the Public Guardian and Trustee with respect to the proposed agreement to settle and must provide the written comments to the court.
(11) After a proceeding described in subsection (7) or (8) has been commenced, the litigation guardian, with the consent of the Public Guardian and Trustee, may consent to an order dismissing all or part of the infant's claim.
(12) If the Public Guardian and Trustee makes an agreement or consents to an agreement under this section, the agreement or consent must be signified by the seal of the Public Guardian and Trustee.
41 (1) Section 40 does not apply to a lease, surrender or renewal of a lease referred to in sections 32 to 39.
(2) Section 19 does not apply to an agreement entered into in accordance with section 40.
42 (1) In this section, "court" means the Provincial Court if the Public Guardian and Trustee refuses consent under section 40 (7) or (11) and the Provincial Court has jurisdiction over the proceeding for recovery of the unliquidated damages.
(2) If under section 40 the Public Guardian and Trustee refuses to give consent, or unreasonably delays providing written comments under section 40 (10), a party may on 10 days' notice in writing to the Public Guardian and Trustee apply to the court for approval of the proposed agreement or order, and the court may direct the Public Guardian and Trustee to state the Public Guardian and Trustee's reasons for the refusal or delay.
43 (1) In this section, "net funds" means, in respect of money paid to the Public Guardian and Trustee in trust for an infant, the balance of that money remaining after deduction of
(a) any money paid by the Public Guardian and Trustee under section 13,
(b) any commissions paid or payable under or charges permitted by the Public Guardian and Trustee Act and the regulations made under that Act, and
(c) any taxes, levies or other charges paid or payable by the Public Guardian and Trustee in respect of that money.
(2) If, under this Act or any other enactment or under an agreement approved by a court or consented to or approved by the Public Guardian and Trustee, money is paid to the Public Guardian and Trustee in trust for an infant, the net funds and any income from the money must, on application, be paid by the Public Guardian and Trustee to the person for whom the money was held in trust promptly after the later of
(a) the date by which the Public Guardian and Trustee has received proof, satisfactory to the Public Guardian and Trustee,
(i) of the identity of the infant, and
(ii) that the infant has reached the age of 19 years, and
(b) the date set for payment out in the order, enactment, deed or other record under which the money was paid to the Public Guardian and Trustee.
44 Every surrender and lease, agreement, receipt or disposition granted, accepted or made under this Act is as valid as if the person by whom, or in whose place, or on whose behalf it is granted, accepted or made, had been of full age, and had granted, accepted or made it.
45 (1) In this section, "stock" includes any share, fund, annuity or security transferable in books kept by any company or society, and money payable for the discharge or redemption of the security or an interest in it.
(2) The court, by order made on petition of an infant's guardian, or if there is no guardian, by order made in any proceeding in the court, may direct all or part of the dividends due or to become due on stock, or any money substituted by an enactment for stock, to which an infant is beneficially entitled, to be paid to a guardian of the infant or to any other person in the court's discretion, for the maintenance and education or otherwise for the benefit of the infant.
(3) An order under subsection (2) must name the guardian or other person to whom the payment is directed to be made.
46 The court may order the costs and expenses of a petition, order, direction or transfer under this Act be paid and raised out of the land, stock, rents or dividends about which the proceeding is made, in the manner the court thinks proper.
47 If any property is, by any marriage or other settlement, limited in remainder in trust for the first or other son or a daughter of a named person, with any remainder over to any other person, the person's son or daughter born after the death of his or her parent may take the property so limited to the first or other son, or to the daughter, in the same manner as if born in the lifetime of his or her parent.
48 (1) In a proceeding against an infant, whether resident in British Columbia or not, service of the pleading or petition by which the proceeding was commenced must be made by serving it on a guardian resident in British Columbia.
(2) From the time of service the person served is guardian, for the proceeding, of the infant and must promptly attend to the infant's interests and do the things necessary to protect the infant's interests.
49 (1) The court in which the proceeding is brought may direct that the Public Guardian and Trustee be served with a copy of all documents relevant to the proceeding, and in any case an application for leave to take a step in default against an infant must be served on the Public Guardian and Trustee.
(2) The Public Guardian and Trustee may appear and be heard at the proceeding and may be awarded the costs the court considers appropriate.
51 (1) If a child has no guardian or if the guardian appointed is dead, refuses or is incompetent at law to act,
(a) a director under the Child, Family and Community Service Act is the personal guardian of the child,
(b) the Public Guardian and Trustee is the property guardian of the child, or
(c) paragraphs (a) and (b) both apply,
as circumstances require, unless a tribunal of competent jurisdiction otherwise orders.
(2) If a director under the Child, Family and Community Service Act is the personal guardian of a child, the director has all the powers that a guardian, as a guardian of the person of a child appointed by will or otherwise, had on May 19, 1917 in England under Acts 12, Charles the Second, chapter 24, and 49 and 50 Victoria, chapter 27, section 4.
(3) If the Public Guardian and Trustee is the property guardian of a child, the Public Guardian and Trustee has all powers that a guardian, as a guardian of the estate appointed by will or otherwise, had over the estate of a child on May 19, 1917 in England under Acts 12, Charles the Second, chapter 24, and 49 and 50 Victoria, chapter 27, section 4.
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