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B.C. Reg. 312/2000
O.C. 1265/2000
Deposited September 12, 2000
effective October 2, 2000
This archived regulation consolidation is current to August 26, 2014 and includes changes enacted and in force by that date. For the most current information, click here.

Public Guardian and Trustee Act

Public Guardian and Trustee Fees Regulation

Note: Check the Cumulative Regulation Bulletin 2013 and 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 154/2014, August 1, 2014]

Link to Point in Time

Contents
1Definition
2Fees
3Reductions and refunds
4Power to delegate
Fee Schedule

Definition

1  In this regulation, "security" includes

(a) a stock or bond,

(b) a warrant, option or right to purchase a security,

(c) a security future, currency future, future option or forward contract,

(d) a mortgage,

(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).

Fees

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 .

Reductions and refunds

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.

Power to delegate

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.

Fee Schedule

[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

Note: this regulation replaces B.C. Reg. 64/2000.

[Provisions relevant to the enactment of this regulation: Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, section 23]