Acts and Regulations

P-26.5 - Public Trustee Act

Section 28
Disposition versions

Full text
Mental Health Act
28(1)Subsection 1(1) of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act;(curateur public)
28(2)Section 8.6 of the Act is amended
(a) in subsection (1)
(i) in paragraph (h) by striking out the period at the end of the paragraph and substituting a semicolon;
(ii) by adding after paragraph (h) the following:
(i) the Public Trustee.
(b) in subsection (2)
(i) in paragraph (h) by striking out the period at the end of the paragraph and substituting a semicolon;
(ii) by adding after paragraph (h) the following:
(i) the Public Trustee.
28(3)Paragraph 17(5)(n) of the Act is repealed and the following is substituted:
(n) to the Public Trustee.
28(4)Section 35 of the Act is amended
(a) by repealing subsection (1);
(b) in subsection (2) by striking out “Administrator of Estates” and substituting “Public Trustee”;
(c) by repealing subsection (3);
(d) by repealing subsection (4).
28(5)Section 36 of the Act is amended
(a) in subsection (3) by striking out “Administrator of Estates” and substituting “Public Trustee”;
(b) in subsection (4) by striking out “Administrator of Estates” wherever it appears and substituting “Public Trustee”;
(c) in subsection (5) by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(6)Section 37 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
37(1)Notwithstanding that under the Infirm Persons Act a person other than the Public Trustee has been appointed as the committee of the estate of a patient, The Court of Queen’s Bench of New Brunswick may at any time upon the application of the Public Trustee appoint the Public Trustee as committee instead of the person appointed under that Act.
(b) by adding after subsection (1) the following:
37(1.1)On appointment under subsection (1), the Public Trustee has all the powers, authority, rights, duties and responsibilities conferred or imposed upon him or her under this Act and the Public Trustee Act with regard to the management of estates of patients and a certificate of incompetence shall be deemed to have been issued.
(c) by repealing subsection (2) and substituting the following:
37(2)If at any time a person other than the Public Trustee is appointed as committee of the estate of a patient under the Infirm Persons Act, the Public Trustee ceases to be the committee of the estate under this Act and shall account for and transfer to the committee so appointed the estate of the patient that has come into his or her hands.
(d) by repealing subsection (3) and substituting the following:
37(3)An order under the Infirm Persons Act for the appointment of a person other than the Public Trustee as a committee of the estate of a patient shall not be made without the consent of the Public Trustee unless seven days notice of the petition has been given to the Public Trustee.
(e) in subsection (4) by striking out “Administrator of Estates while committee of the estate of a patient” and substituting “Public Trustee while committee of the estate of a patient under this Act”.
28(7)Section 38 of the Act is amended
(a) in subsection (1) by striking out “Administrator of Estates becomes committee of the estate” and substituting “Public Trustee becomes committee of the estate”;
(b) in subsection (2) in the portion preceding paragraph (a) by striking out “Administrator of Estates becomes committee of the estate” and substituting “Public Trustee becomes committee of the estate”;
(c) by repealing subsection (3) and substituting the following:
38(3)Where a patient is the donor of a power of attorney that contains the provision referred to in paragraph 58.2(1)(a) of the Property Act, the Public Trustee, notwithstanding receipt of the certificate referred to in paragraph (2)(a) or of the notice referred to in paragraph (2)(b), does not become committee under this Act of that part of the patient’s estate to which the power of attorney applies nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.
28(8)Section 39 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(9)Section 40 of the Act is amended
(a) in subsection (1) by striking out “being managed by the Administrator of Estates” and substituting “being managed under this Act by the Public Trustee”;
(b) in subsection (2) by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(10)Section 41 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:
41The Public Trustee ceases to be committee of the estate of the patient under this Act and shall relinquish management of the estate under this Act
28(11)Section 43 of the Act is repealed and the following is substituted:
43No person, other than the Public Trustee, shall bring an action as litigation guardian of a person of whose estate the Public Trustee is committee under this Act or by an order made under this Act without the leave of a judge of the court in which the action is intended to be brought, and the Public Trustee shall be served with notice of the application for such leave.
28(12)Section 44 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(13)Section 45 of the Act is amended by striking out “Administrator of Estates” wherever it appears and substituting “Public Trustee”.
28(14)Section 46 of the Act is amended
(a) in subsection (1) by striking out “Administrator of Estates becoming committee of the estate” and substituting “Public Trustee becoming committee of the estate”;
(b) in subsection (2) by striking out “Administrator of Estates becoming committee of the estate” and substituting “Public Trustee becoming committee of the estate”.
28(15)Section 47 of the Act is amended by striking out “Administrator of Estates is his committee” and substituting “Public Trustee is his or her committee under this Act”.
28(16)Section 48 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:
48The powers conferred upon the Public Trustee as committee of the estate of the patient under this Act may be exercised
28(17)The Act is amended by adding after section 48 the following:
48.1With regard to acting as committee of the estate of a person under this Act, the Public Trustee may charge such fees as are provided for in the Public Trustee Act and the regulations under that Act and is entitled to be reimbursed for expenses in accordance with that Act.
28(18)Section 49 of the Act is repealed.
28(19)Section 50 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(20)Section 51 of the Act is repealed and the following is substituted:
51Upon the death of a patient and until letters probate of the will or letters of administration of the estate of the patient are granted to the Public Trustee or are granted to a person other than the Public Trustee and notice of the granting of the letters probate or letters of administration is given to the Public Trustee, the Public Trustee may continue to manage the estate under this Act, exercising in respect of the management of the estate all the powers that an executor would have if the property were devised or bequeathed to him or her in trust for payment of debts and distribution of the residue.
28(21)Section 52 of the Act is repealed and the following is substituted:
52The Public Trustee is liable to account as to the manner in which he or she has managed the property of the patient under this Act, in the same way and subject to the same responsibilities as any trustee, guardian or committee duly appointed for a similar purpose may be called upon to account.
28(22)Section 53 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
53(1)Where a person with respect to whom a notice of continuance has been received by the Public Trustee may not, based upon a report of the attending psychiatrist or other evidence available to the Public Trustee, be competent to manage his or her estate upon the termination of the committeeship or a person discharged has refused or neglected to take his or property or any part of his or her property from the Public Trustee, the Public Trustee may apply to The Court of Queen’s Bench of New Brunswick for directions as to the disposal of such property, and the court may make such order as it deems just, and may in its discretion order that the Public Trustee continue to manage the estate of such person with all the powers, authority, rights, duties and responsibilities that the Public Trustee would have had under this Act and the Public Trustee Act with regard to the management of the estate if the committeeship had not been terminated.
(b) in subsection (2) by striking out “Administrator of Estates” wherever it appears and substituting “Public Trustee”.
28(23)Section 54 of the Act is repealed and the following is substituted:
54The Public Trustee shall, out of the money in the Public Trustee’s hands belonging to a patient for whom the Public Trustee is committee under this Act, pay such sums as the Public Trustee considers advisable to the patient’s family or other persons dependent on the patient.
28(24)Section 55 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(25)Section 56 of the Act is repealed.
28(26)Subsection 57(3) of the Act is repealed and the following is substituted:
57(3)The provisions of this Act and the Public Trustee Act relating to the powers, authority, rights, duties, responsibilities, privileges and immunities of the Public Trustee with regard to the management of estates under the committeeship of the Public Trustee under this Act apply, with the necessary modifications, to the appointee under such an order.
28(27)Section 58 of the Act is amended by striking out “to act jointly with the Administrator of Estates as committee of the estate of the patient” and substituting “to act jointly with the Public Trustee under this Act as committee of the estate of the patient”.
Mental Health Act
28(1)Subsection 1(1) of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act;
28(2)Section 8.6 of the Act is amended
(a) in subsection (1)
(i) in paragraph (h) by striking out the period at the end of the paragraph and substituting a semicolon;
(ii) by adding after paragraph (h) the following:
(i) the Public Trustee.
(b) in subsection (2)
(i) in paragraph (h) by striking out the period at the end of the paragraph and substituting a semicolon;
(ii) by adding after paragraph (h) the following:
(i) the Public Trustee.
28(3)Paragraph 17(5)(n) of the Act is repealed and the following is substituted:
(n) to the Public Trustee.
28(4)Section 35 of the Act is amended
(a) by repealing subsection (1);
(b) in subsection (2) by striking out “Administrator of Estates” and substituting “Public Trustee”;
(c) by repealing subsection (3);
(d) by repealing subsection (4).
28(5)Section 36 of the Act is amended
(a) in subsection (3) by striking out “Administrator of Estates” and substituting “Public Trustee”;
(b) in subsection (4) by striking out “Administrator of Estates” wherever it appears and substituting “Public Trustee”;
(c) in subsection (5) by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(6)Section 37 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
37(1)Notwithstanding that under the Infirm Persons Act a person other than the Public Trustee has been appointed as the committee of the estate of a patient, The Court of Queen’s Bench of New Brunswick may at any time upon the application of the Public Trustee appoint the Public Trustee as committee instead of the person appointed under that Act.
(b) by adding after subsection (1) the following:
37(1.1)On appointment under subsection (1), the Public Trustee has all the powers, authority, rights, duties and responsibilities conferred or imposed upon him or her under this Act and the Public Trustee Act with regard to the management of estates of patients and a certificate of incompetence shall be deemed to have been issued.
(c) by repealing subsection (2) and substituting the following:
37(2)If at any time a person other than the Public Trustee is appointed as committee of the estate of a patient under the Infirm Persons Act, the Public Trustee ceases to be the committee of the estate under this Act and shall account for and transfer to the committee so appointed the estate of the patient that has come into his or her hands.
(d) by repealing subsection (3) and substituting the following:
37(3)An order under the Infirm Persons Act for the appointment of a person other than the Public Trustee as a committee of the estate of a patient shall not be made without the consent of the Public Trustee unless seven days notice of the petition has been given to the Public Trustee.
(e) in subsection (4) by striking out “Administrator of Estates while committee of the estate of a patient” and substituting “Public Trustee while committee of the estate of a patient under this Act”.
28(7)Section 38 of the Act is amended
(a) in subsection (1) by striking out “Administrator of Estates becomes committee of the estate” and substituting “Public Trustee becomes committee of the estate”;
(b) in subsection (2) in the portion preceding paragraph (a) by striking out “Administrator of Estates becomes committee of the estate” and substituting “Public Trustee becomes committee of the estate”;
(c) by repealing subsection (3) and substituting the following:
38(3)Where a patient is the donor of a power of attorney that contains the provision referred to in paragraph 58.2(1)(a) of the Property Act, the Public Trustee, notwithstanding receipt of the certificate referred to in paragraph (2)(a) or of the notice referred to in paragraph (2)(b), does not become committee under this Act of that part of the patient’s estate to which the power of attorney applies nor shall the Public Trustee assume management under this Act of that part of the patient’s estate.
28(8)Section 39 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(9)Section 40 of the Act is amended
(a) in subsection (1) by striking out “being managed by the Administrator of Estates” and substituting “being managed under this Act by the Public Trustee”;
(b) in subsection (2) by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(10)Section 41 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:
41The Public Trustee ceases to be committee of the estate of the patient under this Act and shall relinquish management of the estate under this Act
28(11)Section 43 of the Act is repealed and the following is substituted:
43No person, other than the Public Trustee, shall bring an action as litigation guardian of a person of whose estate the Public Trustee is committee under this Act or by an order made under this Act without the leave of a judge of the court in which the action is intended to be brought, and the Public Trustee shall be served with notice of the application for such leave.
28(12)Section 44 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(13)Section 45 of the Act is amended by striking out “Administrator of Estates” wherever it appears and substituting “Public Trustee”.
28(14)Section 46 of the Act is amended
(a) in subsection (1) by striking out “Administrator of Estates becoming committee of the estate” and substituting “Public Trustee becoming committee of the estate”;
(b) in subsection (2) by striking out “Administrator of Estates becoming committee of the estate” and substituting “Public Trustee becoming committee of the estate”.
28(15)Section 47 of the Act is amended by striking out “Administrator of Estates is his committee” and substituting“Public Trustee is his or her committee under this Act”.
28(16)Section 48 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:
48The powers conferred upon the Public Trustee as committee of the estate of the patient under this Act may be exercised
28(17)The Act is amended by adding after section 48 the following:
48.1With regard to acting as committee of the estate of a person under this Act, the Public Trustee may charge such fees as are provided for in the Public Trustee Act and the regulations under that Act and is entitled to be reimbursed for expenses in accordance with that Act.
28(18)Section 49 of the Act is repealed.
28(19)Section 50 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(20)Section 51 of the Act is repealed and the following is substituted:
51Upon the death of a patient and until letters probate of the will or letters of administration of the estate of the patient are granted to the Public Trustee or are granted to a person other than the Public Trustee and notice of the granting of the letters probate or letters of administration is given to the Public Trustee, the Public Trustee may continue to manage the estate under this Act, exercising in respect of the management of the estate all the powers that an executor would have if the property were devised or bequeathed to him or her in trust for payment of debts and distribution of the residue.
28(21)Section 52 of the Act is repealed and the following is substituted:
52The Public Trustee is liable to account as to the manner in which he or she has managed the property of the patient under this Act, in the same way and subject to the same responsibilities as any trustee, guardian or committee duly appointed for a similar purpose may be called upon to account.
28(22)Section 53 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
53(1)Where a person with respect to whom a notice of continuance has been received by the Public Trustee may not, based upon a report of the attending psychiatrist or other evidence available to the Public Trustee, be competent to manage his or her estate upon the termination of the committeeship or a person discharged has refused or neglected to take his or property or any part of his or her property from the Public Trustee, the Public Trustee may apply to The Court of Queen’s Bench of New Brunswick for directions as to the disposal of such property, and the court may make such order as it deems just, and may in its discretion order that the Public Trustee continue to manage the estate of such person with all the powers, authority, rights, duties and responsibilities that the Public Trustee would have had under this Act and the Public Trustee Act with regard to the management of the estate if the committeeship had not been terminated.
(b) in subsection (2) by striking out “Administrator of Estates” wherever it appears and substituting “Public Trustee”.
28(23)Section 54 of the Act is repealed and the following is substituted:
54The Public Trustee shall, out of the money in the Public Trustee’s hands belonging to a patient for whom the Public Trustee is committee under this Act, pay such sums as the Public Trustee considers advisable to the patient’s family or other persons dependent on the patient.
28(24)Section 55 of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
28(25)Section 56 of the Act is repealed.
28(26)Subsection 57(3) of the Act is repealed and the following is substituted:
57(3)The provisions of this Act and the Public Trustee Act relating to the powers, authority, rights, duties, responsibilities, privileges and immunities of the Public Trustee with regard to the management of estates under the committeeship of the Public Trustee under this Act apply, with the necessary modifications, to the appointee under such an order.
28(27)Section 58 of the Act is amended by striking out “to act jointly with the Administrator of Estates as committee of the estate of the patient” and substituting “to act jointly with the Public Trustee under this Act as committee of the estate of the patient”.