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| B.C. Reg. 312/2000 O.C. 1265/2000 | Deposited September 12, 2000 effective October 2, 2000 |
[includes amendments up to B.C. Reg. 154/2014, August 1, 2014]
1 In this regulation, "security" includes
(b) a warrant, option or right to purchase a security,
(c) a security future, currency future, future option or forward contract,
(e) a financial instrument, security instrument or derivative instrument,
(f) a mutual fund unit, investment fund unit or similar instrument, and
(g) any other property similar to one referred to in paragraphs (a) to (f).
2 (1) For a duty or service described in Column 1 of the Fee Schedule, the party named in Column 3 must pay to the Public Guardian and Trustee, at the time specified in Column 4, the fee specified in Column 2 opposite the applicable duty or service.
(2) In relation to a duty or service described in item 10 (a) of the Fee Schedule, the requirement of subsection (1) of this section to pay the fee specified in Column 2 opposite that duty or service is subject to section 26 of the Representation Agreement Act.
3 If satisfied that hardship or unfairness will result from payment of a fee, the Public Guardian and Trustee may excuse or refund a fee, despite section 2.
4 The Public Guardian and Trustee may delegate the functions in section 3 to other persons in the office of the Public Guardian and Trustee.
[en. B.C. Reg. 154/2014.]
| Column 1 Duty or Service | Column 2 Fee | Column 3 By Whom Payable | Column 4 When Payable | |
| 1 | Adult Guardianship Act: | |||
| Acting under a support and assistance order under section 56 | (i) 1% of cash received as capital, plus | The adult's estate | On demand | |
| (ii) 4% of cash received as income, plus | The adult's estate | On demand | ||
| (iii) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The adult's estate | On demand | ||
| (iv) 1% of the gross value of all assets | The adult's estate | On termination of the support and assistance order | ||
| 2 | Community Care and Assisted Living Act: | |||
| Examining an application for consent under section 18 (4) (b) | $100 | The applicant | On making the application | |
| 3 | Employment Standards Act: | |||
| Administering money in trust for a child under | ||||
| (a) the conditions of employment set under section 9 (3) of the Act, or | (i) 3.75% of the amount received and 3.75% of the income earned on it, plus | The trust fund | On demand | |
| (b) section 45.14 or 45.20 of the Employment Standards Regulation, B.C. Reg. 396/95 | (ii) 0.7% per annum, computed monthly, on the gross value of all assets | The trust fund | On demand | |
| 4 | Estates of Missing Persons Act: | |||
| Administering the estate of a missing person | (i) 3% of the gross sale price of real property sold by an agent, plus | The estate | On demand | |
| (ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent, plus | The estate | On demand | ||
| (iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value, plus | The estate | On demand | ||
| (iv) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The estate | On demand | ||
| (v) 5% of the gross value of assets other than securities | The estate | On termination of the curatorship | ||
| 5 | Family Law Act: | |||
| Examining and responding to an application to appoint a trustee over a minor's estate under section 179 (2) (f) or 180 (f) | $500 | The applicant | On service of the application | |
| 6 | Infants Act: | |||
| (a) Performing services under section 2; | $250 | The applicant | On completion of the transaction | |
| (b) Examining an application under section 21; | $200 | The applicant | On service of the application | |
| (c) Examining an application under section 22; | $250 | The applicant | On service of the application | |
| (d) Examining an application for consent under section 40 (1.1) (a); | $200 | The applicant | On service of the application | |
| (e) Examining other applications under section 40; | (i) $100, if the proposed amount is not over $1 500; | The applicant | On service of the application | |
| (ii) $250, if the proposed amount is over $1 500 but not over $5 000; | The applicant | On service of the application | ||
| (iii) $300, if the proposed amount is over $5 000 but not over $10 000; | The applicant | On service of the application | ||
| (iv) $500, if the proposed amount is over $10 000 but not over $15 000; | The applicant | On service of the application | ||
| (v) $750, if the proposed amount is over $15 000 but not over $50 000; | The applicant | On service of the application | ||
| (vi) $1 250, if the proposed amount is over $50 000 but not over $100 000; | The applicant | On service of the application | ||
| (vii) $2 000, if the proposed amount is over $100 000 but not over $500 000; | The applicant | On service of the application | ||
| (viii) $3 000, if the proposed amount is over $500 000; | The applicant | On service of the application | ||
| (ix) $250 for a consent to dismissal | The applicant | On service of the application | ||
| (f) Examining documents or applications under section 49 | $250 | Party adverse to the infant | On service of the documents or applications | |
| 7 | Limitation Act: | |||
| Responding to a notice under section 20 | $500 | Person serving the notice | On service of the notice | |
| 8 | Patients Property Act: | |||
| (a) Responding to a notice of application under section 7; | $500 | The applicant | On service of the notice of application | |
| (b) Attending to the passing of accounts under section 10 or 13; | (i) $125, for each 12 months reviewed, if the gross value of patient's assets is over $25 000 but not over $100 000; | Patient's estate | On presentation of the accounts for passing | |
| (ii) $250, for each 12 months reviewed, if the gross value of patient's assets is over $100 000 but not over $300 000; | Patient's estate | On presentation of the accounts for passing | ||
| (iii) $325, for each 12 months reviewed, if the gross value of patient's assets is over $300 000 but not over $500 000; | Patient's estate | On presentation of the accounts for passing | ||
| (iv) $500, for each 12 months reviewed, if the gross value of patient's assets is over $500 000 | Patient's estate | On presentation of the accounts for passing | ||
| (c) Examining an application under section 28; | $300 | Patient's estate | On receipt of the application | |
| (d) Acting as committee of the estate of a patient; | (i) 4% of the gross sale price of real property sold by an agent, plus | Patient's estate | On demand | |
| (ii) 4% of the cash received, whether as capital or income, other than from the sale of real property by an agent, plus | Patient's estate | On demand | ||
| (iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value, plus | Patient's estate | On demand | ||
| (iv) 0.7% per annum, computed monthly, on the gross value of all assets, plus | Patient's estate | On demand | ||
| (v) 4% of the gross value of all assets other than securities, plus | Patient's estate | On demand | ||
| (vi) An amount equal to the difference between $100 multiplied by the number of months the Public Guardian and Trustee was committee of the estate prior to the patient's death and the sum of the amounts payable under clauses (i) to (v); | Patient's estate | On demand | ||
| (e) Acting under section 24 after the patient's death | $120 per month or pro-rated portion of it, commencing on the death of the patient until the receipt of the representation grant | Patient's estate | On demand | |
| 9 | Public Guardian and Trustee Act: | |||
| (a) Acting as executor under section 6; | (i) 3% of the gross sale price of real property sold by an agent, plus | The estate | On demand | |
| (ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent, plus | The estate | On demand | ||
| (iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value, plus | The estate | On demand | ||
| (iv) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The estate | On demand | ||
| (v) 5% of the gross value of assets other than securities; | The estate | On demand | ||
| (b) Acting as trustee under section 6; | (i) 3.75% of the gross sale price of real property sold by an agent, plus | The trust fund or estate | On demand | |
| (ii) 3.75% of cash received, whether as capital or income, other than from the sale of real property by an agent, plus | The trust fund or estate | On demand | ||
| (iii) 3.75% of the gross value of securities at the time administration commences and 3.75% of their growth in value, plus | The trust fund or estate | On demand | ||
| (iv) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The trust fund or estate | On demand | ||
| (v) 3.75% of the gross value of assets other than securities; | The trust fund or estate | On demand | ||
| (c) Acting as attorney under section 6; | (i) 4% of the gross sale price of real property sold by an agent, plus | The trust fund or estate | On demand | |
| (ii) 4% of cash received, whether as capital or income, other than from the sale of real property by an agent, plus | The trust fund or estate | On demand | ||
| (iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value, plus | The trust fund or estate | On demand | ||
| (iv) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The trust fund or estate | On demand | ||
| (v) 4% of the gross value of assets other than securities; | The trust fund or estate | On demand | ||
| (d) Acting as litigation guardian under section 7; | $350 | The young person | On demand | |
| (e) Making an investigation or audit under section 17 (1) | (i) $125, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is not over $100 000; | The trust fund or estate | On demand | |
| (ii) $200, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $100 000 but not over $250 000; | The trust fund or estate | On demand | ||
| (iii) $250, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $250 000 but not over $375 000; | The trust fund or estate | On demand | ||
| (iv) $300, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $375 000 but not over $500 000; | The trust fund or estate | On demand | ||
| (v) $350, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $500 000 but not over $600 000; | The trust fund or estate | On demand | ||
| (vi) $400, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $600 000 | The trust fund or estate | On demand | ||
| 10 | Representation Agreement Act: | |||
| (a) Acting as a representative under section 5 or an alternate representative under section 6; | (i) 4% of the gross sale price of real property sold by an agent, plus | The adult's estate | On demand | |
| (ii) 4% of cash received, whether as capital or income, other than from the sale of real property by an agent, plus | The adult's estate | On demand | ||
| (iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value, plus | The adult's estate | On demand | ||
| (iv) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The adult's estate | On demand | ||
| (v) 4% of the gross value of assets other than securities; | The adult's estate | On termination of administration | ||
| (b) Investigating an objection about financial abuse under section 30 (3) or 31 | (i) $125, if the gross value of the adult's assets is not over $100 000; | The adult's estate | On demand | |
| (ii) $200, if the gross value of the adult's assets is over $100 000 but not over $250 000; | The adult's estate | On demand | ||
| (iii) $250, if the gross value of the adult's assets is over $250 000 but not over $375 000; | The adult's estate | On demand | ||
| (iv) $300, if the gross value of the adult's assets is over $375 000 but not over $500 000; | The adult's estate | On demand | ||
| (v) $350, if the gross value of the adult's assets is over $500 000 but not over $600 000; | The adult's estate | On demand | ||
| (vi) $400, if the gross value of the adult's assets is over $600 000 | The adult's estate | On demand | ||
| 11 | Trust and Settlement Variation Act: | |||
| Examining an application under section 3 | $750 | The applicant | On service of the application | |
| 12 | Wills, Estates and Succession Act: | |||
| (a) Examining a notice of civil claim under section 61; | $100 | The plaintiff | On service of notice of civil claim | |
| (b) Reviewing and commenting on a proposed settlement of an action brought pursuant to Division 6 of Part 4; | $500 | The plaintiff | On demand | |
| (c) Administering the estate of a deceased person or acting under section 164 or 167; | (i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir, plus | The estate, if funds available, otherwise the beneficiary or heir | On demand | |
| (B) 5% of the gross sale price of real property sold by an agent, plus | The estate | On demand | ||
| (C) 7% of the gross sale price of real property sold without an agent, plus | The estate | On demand | ||
| (D) 7% of cash received, other than from the sale of real property, plus | The estate | On demand | ||
| (E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value, plus | The estate | On demand | ||
| (F) 7% of the gross value of other personal property, plus | The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and the funds are not available from the estate | On demand | ||
| (G) If the sum of the amounts payable under clauses (A) to (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F)), plus | The estate, if funds available, otherwise the beneficiary or heir | On demand | ||
| (ii) 5% of the income earned by the estate, plus | The estate | On demand | ||
| (iii) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The estate | On demand | ||
| (iv) $75 per hour for staff time spent identifying, locating and proving heirs; | The estate | On demand | ||
| (d) Reviewing a notice to the court under section 121 (1) or 138 (2) and providing comments under section 124; | $300 | The applicant | On service of notice | |
| (e) Acting as a representative of an estate under section 150; | $300 | The party seeking appointment | On demand | |
| (f) Examining and responding to an application to appoint a trustee to hold and administer a minor's estate under section 153 (3) | $500 | The applicant | On service of notice | |
| 13 | Estate Administration Act: (This item applies only in respect of deaths occurring before March 31, 2014) | |||
| (a) Acting as a representative of an estate under section 9 (1) (b) or sections 59 to 61; | $300 | The party seeking appointment | Before the appointment becomes effective | |
| (b) Reviewing an application to the court under section 7 or 41 and providing comments; | $150 | The applicant | On service of notice | |
| (c) Examining a notice under section 112; | $300 | The applicant | On service of the notice | |
| (d) Administering an estate or acting under section 51 | (i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir, plus | The estate, if funds available, otherwise the beneficiary or heir | Before the conveyance | |
| (B) 5% of the gross sale price of real property sold by an agent, plus | The estate | On receipt of proceeds | ||
| (C) 7% of the gross sale price of real property sold without an agent, plus | The estate | On receipt of proceeds | ||
| (D) 7% of cash received, other than from the sale of real property, plus | The estate | On receipt | ||
| (E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value, plus | The estate | On commencement of administration and on recognition of capital growth | ||
| (F) 7% of the gross value of other personal property, plus | The estate, if the property is sold or if it is transferred or delivered and if funds are available from the estate, or the beneficiary or heir, if the property is transferred or delivered and funds are not available from the estate | On receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate | ||
| (G) If the sum of the amounts payable under clauses (A) to (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F)), plus | The estate, if funds available, otherwise the beneficiary or heir | On demand | ||
| (ii) 5% of the income earned by the estate, plus | The estate | On receipt | ||
| (iii) 0.7% per annum, computed monthly, on the gross value of all assets, plus | The estate | Monthly | ||
| (iv) $75 per hour for staff time spent identifying, locating and proving heirs | The estate | On demand | ||
| 14 | Wills Variation Act: (This item applies only in respect of deaths occurring before March 31, 2014) | |||
| (a) Examining a notice of civil claim under section 3; | $100 | The plaintiff | On service of the notice of civil claim | |
| (b) Reviewing and commenting on a proposed settlement of a wills variation action | $500 | The plaintiff | On demand | |
[Provisions relevant to the enactment of this regulation: Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, section 23]
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