Acts and Regulations

P-26.5 - Public Trustee Act

Section 6
Disposition versions

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Powers and duties
6(1)The Public Trustee has the powers and duties conferred or imposed on the Public Trustee under this or any other Act or the regulations under this or any other Act.
6(2)The Public Trustee may
(a) act as a representative under the Supported Decision-Making and Representation Act,
(b) Repealed: 2022, c.60, s.82
(b.1) continue to act as a representative under the Supported Decision-Making and Representation Act on behalf of a deceased person, from the person’s death until letters probate of the will or letters of administration of the deceased person’s estate are granted to the Public Trustee or to another person and notice of this is given to the Public Trustee, and in so doing may exercise all the powers that an executor would have in respect of the management of the deceased person’s estate if the property were devised or bequeathed to the executor in trust for payment of debts and distribution of the residue,
(c) Repealed: 2019, c.30, s.35
(d) act as an attorney in accordance with the terms of a power of attorney,
(d.1) Repealed: 2019, c.30, s.35
(e) act as an executor under a will or as an administrator of the property of a deceased person,
(f) act as a litigation guardian for a person under disability,
(g) act as a litigation administrator of the estate of a deceased person,
(h) act as the committee of the estate of a person declared to be an absentee under the Presumption of Death Act, and
(i) act, either alone or jointly with any other person or persons, as a trustee if the Public Trustee is appointed a trustee
(i) in a will, settlement or other instrument creating a trust,
(ii) by a majority of the trust’s beneficiaries who have reached 19 years of age and who are otherwise capable of making the appointment, or
(iii) by a court.
6(3)When acting as a litigation guardian for a person, the Public Trustee is entitled to all medical reports and other confidential information relating to the person that are reasonably necessary to act on behalf of the person.
6(4)Subject to subsections (5) and (6), the Public Trustee may be appointed sole trustee although the trust instrument contemplates 2 or more trustees, and any person who is a trustee with the Public Trustee may at any time retire from the trust upon passing the person’s accounts and paying over the balance.
6(5)The Public Trustee is under no duty to act in any capacity or to accept an appointment to act in any capacity by reason only of being empowered or authorized to do so under this or any other Act or a regulation under this or any other Act.
6(6)A court or any person may appoint the Public Trustee to act in a certain capacity only if the Public Trustee has consented in writing or has applied for the appointment, and the Public Trustee shall not give consent nor apply for such an appointment unless the Public Trustee considers that no other suitable person is willing and able to act in that capacity.
2016, c.46, s.23; 2019, c.30, s.35; 2021, c.18, s.1; 2022, c.60, s.82
Powers and duties
6(1)The Public Trustee has the powers and duties conferred or imposed on the Public Trustee under this or any other Act or the regulations under this or any other Act.
6(2)The Public Trustee may
(a) act as the committee of the estate, the committee of the person or the committee of the estate and the person of an infirm person under the Infirm Persons Act,
(b) perform acts or make decisions in accordance with a court order appointing the Public Trustee under paragraph 39(3)(a) of the Infirm Persons Act as a person authorized to performs those acts or make those decisions,
(b.1) continue to act, perform acts or make decisions on behalf of a deceased person for whom the Public Trustee had authority to act or make decisions under the Infirm Persons Act, from the person’s death until letters probate of the will or letters of administration of the deceased person’s estate are granted to the Public Trustee or to another person and notice of this is given to the Public Trustee, and in so doing may exercise all the powers that an executor would have in respect of the management of the deceased person’s estate if the property were devised or bequeathed to the executor in trust for payment of debts and distribution of the residue,
(c) Repealed: 2019, c.30, s.35
(d) act as an attorney in accordance with the terms of a power of attorney,
(d.1) Repealed: 2019, c.30, s.35
(e) act as an executor under a will or as an administrator of the property of a deceased person,
(f) act as a litigation guardian for a person under disability,
(g) act as a litigation administrator of the estate of a deceased person,
(h) act as the committee of the estate of a person declared to be an absentee under the Presumption of Death Act, and
(i) act, either alone or jointly with any other person or persons, as a trustee if the Public Trustee is appointed a trustee
(i) in a will, settlement or other instrument creating a trust,
(ii) by a majority of the trust’s beneficiaries who have reached 19 years of age and who are otherwise capable of making the appointment, or
(iii) by a court.
6(3)When acting as a litigation guardian for a person, the Public Trustee is entitled to all medical reports and other confidential information relating to the person that are reasonably necessary to act on behalf of the person.
6(4)Subject to subsections (5) and (6), the Public Trustee may be appointed sole trustee although the trust instrument contemplates 2 or more trustees, and any person who is a trustee with the Public Trustee may at any time retire from the trust upon passing the person’s accounts and paying over the balance.
6(5)The Public Trustee is under no duty to act in any capacity or to accept an appointment to act in any capacity by reason only of being empowered or authorized to do so under this or any other Act or a regulation under this or any other Act.
6(6)A court or any person may appoint the Public Trustee to act in a certain capacity only if the Public Trustee has consented in writing or has applied for the appointment, and the Public Trustee shall not give consent nor apply for such an appointment unless the Public Trustee considers that no other suitable person is willing and able to act in that capacity.
2016, c.46, s.23; 2019, c.30, s.35; 2021, c.18, s.1
Powers and duties
6(1)The Public Trustee has the powers and duties conferred or imposed on the Public Trustee under this or any other Act or the regulations under this or any other Act.
6(2)The Public Trustee may
(a) act as the committee of the estate, the committee of the person or the committee of the estate and the person of an infirm person under the Infirm Persons Act,
(b) perform acts or make decisions in accordance with a court order appointing the Public Trustee under paragraph 39(3)(a) of the Infirm Persons Act as a person authorized to performs those acts or make those decisions,
(c) Repealed: 2019, c.30, s.35
(d) act as an attorney in accordance with the terms of a power of attorney,
(d.1) Repealed: 2019, c.30, s.35
(e) act as an executor under a will or as an administrator of the property of a deceased person,
(f) act as a litigation guardian for a person under disability,
(g) act as a litigation administrator of the estate of a deceased person,
(h) act as the committee of the estate of a person declared to be an absentee under the Presumption of Death Act, and
(i) act, either alone or jointly with any other person or persons, as a trustee if the Public Trustee is appointed a trustee
(i) in a will, settlement or other instrument creating a trust,
(ii) by a majority of the trust’s beneficiaries who have reached 19 years of age and who are otherwise capable of making the appointment, or
(iii) by a court.
6(3)When acting as a litigation guardian for a person, the Public Trustee is entitled to all medical reports and other confidential information relating to the person that are reasonably necessary to act on behalf of the person.
6(4)Subject to subsections (5) and (6), the Public Trustee may be appointed sole trustee although the trust instrument contemplates 2 or more trustees, and any person who is a trustee with the Public Trustee may at any time retire from the trust upon passing the person’s accounts and paying over the balance.
6(5)The Public Trustee is under no duty to act in any capacity or to accept an appointment to act in any capacity by reason only of being empowered or authorized to do so under this or any other Act or a regulation under this or any other Act.
6(6)A court or any person may appoint the Public Trustee to act in a certain capacity only if the Public Trustee has consented in writing or has applied for the appointment, and the Public Trustee shall not give his or her consent nor apply for such an appointment unless the Public Trustee considers that no other suitable person is willing and able to act in that capacity.
2016, c.46, s.23; 2019, c.30, s.35
Powers and duties
6(1)The Public Trustee has the powers and duties conferred or imposed on the Public Trustee under this or any other Act or the regulations under this or any other Act.
6(2)The Public Trustee may
(a) act as the committee of the estate, the committee of the person or the committee of the estate and the person of an infirm person under the Infirm Persons Act,
(b) perform acts or make decisions in accordance with a court order appointing the Public Trustee under paragraph 39(3)(a) of the Infirm Persons Act as a person authorized to performs those acts or make those decisions,
(c) act as an attorney for personal care under the Infirm Persons Act,
(d) act as an attorney in accordance with the terms of a power of attorney,
(d.1) act as a proxy under the Advance Health Care Directives Act,
(e) act as an executor under a will or as an administrator of the property of a deceased person,
(f) act as a litigation guardian for a person under disability,
(g) act as a litigation administrator of the estate of a deceased person,
(h) act as the committee of the estate of a person declared to be an absentee under the Presumption of Death Act, and
(i) act, either alone or jointly with any other person or persons, as a trustee if the Public Trustee is appointed a trustee
(i) in a will, settlement or other instrument creating a trust,
(ii) by a majority of the trust’s beneficiaries who have reached 19 years of age and who are otherwise capable of making the appointment, or
(iii) by a court.
6(3)When acting as a litigation guardian for a person, the Public Trustee is entitled to all medical reports and other confidential information relating to the person that are reasonably necessary to act on behalf of the person.
6(4)Subject to subsections (5) and (6), the Public Trustee may be appointed sole trustee although the trust instrument contemplates 2 or more trustees, and any person who is a trustee with the Public Trustee may at any time retire from the trust upon passing the person’s accounts and paying over the balance.
6(5)The Public Trustee is under no duty to act in any capacity or to accept an appointment to act in any capacity by reason only of being empowered or authorized to do so under this or any other Act or a regulation under this or any other Act.
6(6)A court or any person may appoint the Public Trustee to act in a certain capacity only if the Public Trustee has consented in writing or has applied for the appointment, and the Public Trustee shall not give his or her consent nor apply for such an appointment unless the Public Trustee considers that no other suitable person is willing and able to act in that capacity.
2016, c.46, s.23
Powers and duties
6(1)The Public Trustee has the powers and duties conferred or imposed on the Public Trustee under this or any other Act or the regulations under this or any other Act.
6(2)The Public Trustee may
(a) act as the committee of the estate, the committee of the person or the committee of the estate and the person of an infirm person under the Infirm Persons Act,
(b) perform acts or make decisions in accordance with a court order appointing the Public Trustee under paragraph 39(3)(a) of the Infirm Persons Act as a person authorized to performs those acts or make those decisions,
(c) act as an attorney for personal care under the Infirm Persons Act,
(d) act as an attorney in accordance with the terms of a power of attorney,
(e) act as an executor under a will or as an administrator of the property of a deceased person,
(f) act as a litigation guardian for a person under disability,
(g) act as a litigation administrator of the estate of a deceased person,
(h) act as the committee of the estate of a person declared to be an absentee under the Presumption of Death Act, and
(i) act, either alone or jointly with any other person or persons, as a trustee if the Public Trustee is appointed a trustee
(i) in a will, settlement or other instrument creating a trust,
(ii) by a majority of the trust’s beneficiaries who have reached 19 years of age and who are otherwise capable of making the appointment, or
(iii) by a court.
6(3)When acting as a litigation guardian for a person, the Public Trustee is entitled to all medical reports and other confidential information relating to the person that are reasonably necessary to act on behalf of the person.
6(4)Subject to subsections (5) and (6), the Public Trustee may be appointed sole trustee although the trust instrument contemplates 2 or more trustees, and any person who is a trustee with the Public Trustee may at any time retire from the trust upon passing the person’s accounts and paying over the balance.
6(5)The Public Trustee is under no duty to act in any capacity or to accept an appointment to act in any capacity by reason only of being empowered or authorized to do so under this or any other Act or a regulation under this or any other Act.
6(6)A court or any person may appoint the Public Trustee to act in a certain capacity only if the Public Trustee has consented in writing or has applied for the appointment, and the Public Trustee shall not give his or her consent nor apply for such an appointment unless the Public Trustee considers that no other suitable person is willing and able to act in that capacity.
Powers and duties
6(1)The Public Trustee has the powers and duties conferred or imposed on the Public Trustee under this or any other Act or the regulations under this or any other Act.
6(2)The Public Trustee may
(a) act as the committee of the estate, the committee of the person or the committee of the estate and the person of an infirm person under the Infirm Persons Act,
(b) perform acts or make decisions in accordance with a court order appointing the Public Trustee under paragraph 39(3)(a) of the Infirm Persons Act as a person authorized to performs those acts or make those decisions,
(c) act as an attorney for personal care under the Infirm Persons Act,
(d) act as an attorney in accordance with the terms of a power of attorney,
(e) act as an executor under a will or as an administrator of the property of a deceased person,
(f) act as a litigation guardian for a person under disability,
(g) act as a litigation administrator of the estate of a deceased person,
(h) act as the committee of the estate of a person declared to be an absentee under the Presumption of Death Act, and
(i) act, either alone or jointly with any other person or persons, as a trustee if the Public Trustee is appointed a trustee
(i) in a will, settlement or other instrument creating a trust,
(ii) by a majority of the trust’s beneficiaries who have reached 19 years of age and who are otherwise capable of making the appointment, or
(iii) by a court.
6(3)When acting as a litigation guardian for a person, the Public Trustee is entitled to all medical reports and other confidential information relating to the person that are reasonably necessary to act on behalf of the person.
6(4)Subject to subsections (5) and (6), the Public Trustee may be appointed sole trustee although the trust instrument contemplates 2 or more trustees, and any person who is a trustee with the Public Trustee may at any time retire from the trust upon passing the person’s accounts and paying over the balance.
6(5)The Public Trustee is under no duty to act in any capacity or to accept an appointment to act in any capacity by reason only of being empowered or authorized to do so under this or any other Act or a regulation under this or any other Act.
6(6)A court or any person may appoint the Public Trustee to act in a certain capacity only if the Public Trustee has consented in writing or has applied for the appointment, and the Public Trustee shall not give his or her consent nor apply for such an appointment unless the Public Trustee considers that no other suitable person is willing and able to act in that capacity.