Acts and Regulations

P-26.5 - Public Trustee Act

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Current to 1 January 2024
CHAPTER P-26.5
Public Trustee Act
Assented to June 30, 2005
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1The following definitions apply in this Act.
“Board” means the Board of Directors of the Commission.(conseil)
“Commission” means the New Brunswick Legal Aid Services Commission continued under the Legal Aid Act.(Commission)
“Executive Director” means the Executive Director of Legal Aid appointed under the Legal Aid Act.(directeur général)
“fiscal year” means the period commencing on April 1 in one year and ending on March 31 in the next year.(année financière)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“Public Trustee” means the person appointed as Public Trustee under subsection 2(1).(curateur public)
“trust fund account” means the trust fund account referred to in section 9.(compte en fiducie)
2006, c.16, s.151; 2012, c.14, s.1; 2012, c.39, s.126; 2014, c.26, s.64; 2016, c.37, s.162; 2019, c.2, s.125; 2020, c.25, s.95; 2022, c.28, s.46
Appointment
2(1)The Lieutenant-Governor in Council shall appoint a barrister and solicitor who is a member in good standing of the Law Society of New Brunswick as the Public Trustee.
2(1.1)The Civil Service Act does not apply to the Public Trustee.
2(2)If a new Public Trustee is appointed under this section, the new Public Trustee is, immediately on appointment, vested with all the property, powers, authority, rights, duties and responsibilities of the predecessor Public Trustee.
2012, c.14, s.2
Oath
3(1)Before taking office, the Public Trustee shall take the following oath or affirmation before a person who is authorized to administer it:
I , _______________________, do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, fulfill and perform my duties as Public Trustee.
(In the case where an oath is taken add “So help me God”.)
3(2)Before commencing his or her duties, an employee in the office of the Public Trustee shall take the following oath or affirmation before a person who is authorized to administer it:
I , _______________________, do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, fulfill and perform my duties as an employee in the office of the Public Trustee.
(In the case where an oath is taken add “So help me God”.)
3(3)An oath or affirmation taken under subsection (1) or (2) shall be filed with the Commission.
2012, c.14, s.3
Designation or delegation
4(0.1)In this section, “public service” means the departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions.
4(1)The Public Trustee is responsible for the administration of this Act and may designate in writing any person who is employed within the office of the Public Trustee to act on his or her behalf.
4(1.1)Repealed: 2012, c.14, s.4
4(2)The Public Trustee may in writing delegate to any person who is not employed within the office of the Public Trustee, but is a person employed in the public service, any power, authority, right, duty or responsibility conferred or imposed on the Public Trustee under this or any other Act or a regulation under this or any other Act.
4(3)The Public Trustee may impose such terms and conditions as he or she considers appropriate on a delegation made under subsection (2).
4(4)Anything done by a person under a delegation made under subsection (2) shall have the same effect as if it had been done by the Public Trustee.
4(5)The Public Trustee may revoke, in whole or in part, a delegation made under subsection (2).
2012, c.14, s.4; 2013, c.44, s.40
Terms of employment
2012, c.14, s.5
4.1(1)The Executive Director may, on behalf of the Commission, employ such persons as the Executive Director considers necessary for the provision of services of the office of the Public Trustee.
4.1(2)The remuneration and other conditions of employment of the employees in the office of the Public Trustee shall be established by the by-laws of the Board.
4.1(3)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees in the office of the Public Trustee.
4.1(4)The Civil Service Act does not apply to the employees in the office of the Public Trustee.
4.1(5)Subject to the approval of the Board, employees of the office of the Public Trustee are eligible to participate in any employee benefit program established by the Treasury Board.
2012, c.14, s.5; 2013, c.44, s.40; 2016, c.37, s.162
Contracting for services
5The Public Trustee may, on such terms and conditions as he or she considers appropriate, contract for such services as the Public Trustee considers necessary to carry out his or her duties or exercise his or her powers.
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
Delivering property
7(1)If the Public Trustee, while acting in any capacity, holds property of a person who has died and to which the person’s personal representative is entitled, the production to the Public Trustee of the following is sufficient justification and authority for delivering the property to the personal representative:
(a) an authenticated copy of the probate of the will of the deceased, or of letters of administration of his or her property, or of letters of verification of heirship, or of the act of curatorship or tutorship, granted by a court in Canada having power to make that grant;
(b) an authentic copy of the will of the deceased, if it is a notarial will under the laws of the Province of Quebec; or
(c) if the deceased died elsewhere than in Canada, an authenticated copy of the probate of his or her will, or of letters of administration of his or her property, or other document to the same effect, granted by any court or authority having the requisite power in those matters.
7(2)When the authenticated copy or other document to the same effect is produced to the Public Trustee under subsection (1), a true copy of it shall also be deposited with him or her.
Gifts
8Notwithstanding any other Act, if the Public Trustee is a person’s representative under the Supported Decision-Making and Representation Act or the committee of a person’s estate under the Mental Health Act, the Public Trustee may, if it is reasonable to do so having regard to the value of the estate, make gifts from the estate to charities or to relatives or friends of the person if, in the opinion of the Public Trustee,
(a) the person has made similar gifts before the Public Trustee became the person’s representative or the committee of the person’s estate,
(b) there is reason to believe that the person would make such gifts, based on the intentions of the person expressed before the Public Trustee became the person’s representative or the committee of the person’s estate, or
(c) such gifts are appropriate having regard to the person’s relationship with the recipient and any other circumstances considered reasonable by the Public Trustee.
2022, c.60, s.82
Trust fund account
9(1)The Public Trustee shall establish and maintain a trust fund account.
9(2)The Public Trustee shall deposit in the trust fund account money received by the Public Trustee on behalf of a person, estate or trust under this or any other Act, a regulation under this or any other Act, a court order, an instrument or any other document.
9(3)Money in the trust fund account is not public money for the purposes of the Financial Administration Act.
9(4)Money in the trust fund account shall be invested in a common fund under section 11 unless the money
(a) is immediately required for payment, or
(b) is to be invested under section 12.
9(5)Until money in the trust fund account is invested, the Public Trustee may deposit the money in a single account in a bank, trust company or credit union designated by the Commission.
2011, c.20, s.5; 2012, c.14, s.6
Investment powers and duties
10For the purposes of investing money under this Act, the Public Trustee has the powers and duties of a trustee under the Trustees Act, except as otherwise provided in a court order, an instrument, this or any other Act or a regulation under this Act.
Common funds
11(1)For the purposes of investing money, the Public Trustee shall establish and maintain at least one common fund within the trust fund account.
11(2)An investment of money in a common fund is not made on account of or for the benefit of a particular person, estate or trust and the investment does not belong to a particular person, estate or trust.
11(3)The interest of a person, estate or trust entitled to a share or interest in a common fund is in common with the interest of all other persons, estates or trusts entitled to a share or interest in the common fund.
11(4)The Public Trustee shall, in accordance with the regulations, allocate income earned by a common fund to the credit of the persons, estates or trusts for whom or for which the investment was made.
Separate investments
12The Public Trustee may make investments separate from the common funds in the name of a person, estate or trust for whom or for which the Public Trustee holds money if
(a) the money is subject to an express trust or direction for investment, or
(b) in the opinion of the Public Trustee, it is, for any other reason, in the best interests of the person, estate or trust to do so.
Fees and reimbursement for expenses
13(1)The Public Trustee may charge fees prescribed by regulation for performing any act, duty or service under this or any other Act or a regulation under this or any other Act.
13(2)The Public Trustee may charge fees prescribed by regulation for any service performed under this or any other Act or a regulation under this or any other Act by an employee in the office of the Public Trustee.
13(3)The Public Trustee is entitled to be reimbursed for expenses incurred by the Public Trustee or an employee in the office of the Public Trustee in respect of the performance of any act, duty or service under this or any other Act or a regulation under this or any other Act.
13(4)The Public Trustee may deduct fees referred to in subsection (1) or (2) and expenses referred to in subsection (3) from the money held for a person, estate or trust.
13(5)The Public Trustee may, in his or her discretion, reduce the amount of a fee referred to in subsection (1) or (2) or waive its payment in a case of hardship or in other appropriate circumstances.
13(6)A reduction or waiver under subsection (5) may be in respect of a person or a class of persons.
13(7)This section prevails over a provision in any other Act relating to fees, compensation or expenses.
Liens
14(1)The Public Trustee has a lien on the real or personal property of a person, estate or trust for whom or for which he or she acts or has acted, for the following amounts:
(a) fees and expenses charged to the person, estate or trust under section 13;
(b) an amount advanced for or on behalf of the person, estate or trust or for the support of dependants; and
(c) the amount of a liability incurred for a purpose referred to in paragraph (b).
14(2)In the case of real property, the Public Trustee may register in the appropriate registry office established under the Registry Act or in the appropriate land titles office established under the Land Titles Act a notice claiming a lien and identifying the real property against which it is claimed.
Costs of passing of accounts
15If the Public Trustee holds money of an estate or trust and is proceeding to have his or her accounts passed, the Public Trustee may withhold sufficient money from the estate or trust to adequately secure the costs of the passing of the accounts.
Liability
16The Public Trustee is not liable for any loss for which a private trustee would not be liable in similar circumstances.
Costs
17(1)A court may award costs to the Public Trustee in any action or proceeding taken by or against the Public Trustee, and the court may direct the costs to be paid to the Public Trustee on a solicitor and client basis.
17(2)Costs shall not be awarded by a court against the Public Trustee in any action or proceeding if the court finds that the Public Trustee has acted reasonably and in good faith.
17(3)Notwithstanding any rule, practice or law, the Public Trustee is not liable to pay any costs awarded against a party under disability for whom he or she is acting or has acted as a litigation guardian.
No security required
18Notwithstanding any rule, practice or law requiring security, it is not necessary for the Public Trustee to give any security for the due performance of his or her duty as executor, administrator, trustee, committee, representative or in any other office to which the Public Trustee may be appointed by order of a court or may hold under any Act or regulation.
2022, c.60, s.82
Audit
19(1)Subject to subsection (2), the Auditor General shall audit annually the books and accounts of the Public Trustee.
19(2)The Auditor General shall audit annually such of the accounts of the Public Trustee relating to estates or trusts under the administration of the Public Trustee as the Auditor General considers necessary.
Annual report
20(1)Within 60 days after receiving the Auditor General’s report on the audit of the books and accounts of the Public Trustee for a fiscal year, the Public Trustee shall make to the Commission a report on the operations of the office of the Public Trustee in the fiscal year.
20(1.1)Before the first day of October in each year, the Commission shall submit the report on the operations of the office of the Public Trustee to the Minister for the fiscal year ending on the thirty-first day of March of that year.
20(2)The Minister shall lay a copy of the report on the operations of the office of the Public Trustee before the Legislative Assembly if it is in session or, if not, at the next session.
2012, c.14, s.7
Regulations
21The Lieutenant-Governor in Council may make regulations
(a) imposing duties on the Public Trustee in addition to those imposed by this Act;
(b) establishing, for the purposes of subsection 11(4), the method of allocating income earned by a common fund to the credit of the persons, estates or trusts for whom or for which the investment was made;
(c) prescribing fees chargeable by the Public Trustee for performing any act, duty or service under this or any other Act or a regulation under this or any other Act;
(d) prescribing fees chargeable by the Public Trustee for any service performed under this or any other Act or a regulation under this or any other Act by an employee in the office of the Public Trustee;
(e) prescribing the manner in which fees referred to in paragraph (c) or (d) shall be calculated, including by any one of the following methods or any combination of the following methods:
(i) as a percentage of
(A) the value of capital assets,
(B) income from an estate or trust,
(C) the average market value of assets, or
(D) the sale price of assets; or
(ii) based on a flat rate;
(f) prescribing the time or times at which fees referred to in paragraph (c) or (d) shall be paid;
(g) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(h) respecting any matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
Administration of estates or property of deceased persons
22(1)The appointment of the Public Administrator under the Probate Court Act is revoked.
22(2)On the commencement of this subsection, the estate or property of any deceased person that was, immediately before the commencement of this subsection, vested in the Public Administrator whose appointment is revoked under subsection (1) vests in the Public Trustee, and the Public Trustee continues as the administrator of the estate or property of any deceased person that has been left unadministered or partially unadministered by the Public Administrator.
22(3)On the commencement of this subsection, any property in the hands of the Public Administrator immediately before the commencement of this subsection shall be transferred by the Public Administrator to the Public Trustee.
22(4)On the commencement of this subsection, all money on deposit in the Consolidated Fund in the fund called “The Estates Fund” shall be transferred to the Public Trustee, who shall deposit the money in the trust fund account.
22(5)The documentation, information, records and files of the Public Administrator become the documentation, information, records and files of the Public Trustee on the commencement of this subsection.
22(6)Where in any Act, other than this Act, or in any regulation, rule, court order or other order or any by-law, agreement or other instrument or document reference is made to the Public Administrator, it shall be read, unless the context otherwise requires, as a reference to the Public Trustee.
Administration of estates under the Mental Health Act
23(1)The appointment of the Administrator of Estates under the Mental Health Act is revoked.
23(2)On the commencement of this subsection, the Public Trustee continues as the committee of the estate under the Mental Health Act of any person for whom the Administrator of Estates whose appointment is revoked under subsection (1) was the committee of the estate under the Mental Health Act immediately before the commencement of this subsection, and the Public Trustee shall have all the powers, authority, rights, duties and responsibilities conferred or imposed on the Public Trustee under the Mental Health Act and this Act with respect to the management of estates under the committeeship of the Public Trustee under the Mental Health Act.
23(3)On the commencement of this subsection, any property in the hands of the Administrator of Estates immediately before the commencement of this subsection shall be transferred by the Administrator of Estates to the Public Trustee.
23(4)On the commencement of this subsection, all money on deposit in the Consolidated Fund in the name of the Administrator of Estates shall be transferred to the Public Trustee, who shall deposit the money in the trust fund account.
23(5)The documentation, information, records and files of the Administrator of Estates become the documentation, information, records and files of the Public Trustee on the commencement of this subsection.
23(6)Where in any Act, other than this Act, or in any regulation, rule, court order or other order or any by-law, agreement or other instrument or document reference is made to the Administrator of Estates, it shall be read, unless the context otherwise requires, as a reference to the Public Trustee.
Family Services Act
24The Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended by adding after section 4 the following:
4.1(1)In this section
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act.
4.1(2)The Minister may, in relation to a child in care, delegate the duties of the Minister under subsection 4(2) to the Public Trustee.
4.1(3)Where the Public Trustee is acting under a delegation under subsection (2), the Public Trustee has, subject to the provisions of the Public Trustee Act, the powers and duties of a trustee under the Trustees Act.
Infirm Persons Act
25Subsection 5(2) of the Infirm Persons Act, chapter I-8 of the Revised Statutes, 1973, is amended by striking out “by the Attorney General” and adding“by the Attorney General, by the Public Trustee appointed under the Public Trustee Act”.
Judicature Act
26Schedule B of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended by adding before
Quieting of Titles Act, sections 26 and 27
the following:
Public Trustee Act
Marital Property Act
27Subsection 37(3) of the Marital Property Act, chapter M-1.1 of the Acts of New Brunswick, 1980, is amended by striking out “Administrator of Estates appointed under section 35 of the Mental Health Act” and substituting “Public Trustee appointed under the Public Trustee Act”.
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”.
Probate Court Act
29(1)Section 1 of the Probate Court Act, chapter P-17.1 of the Acts of New Brunswick, 1982, is amended
(a) in the definition “persons beneficially interested” by striking out “a Public Administrator appointed under this Act, a public trustee, a Committee appointed under the Infirm Persons Act, the Administrator of Estates appointed under the Mental Health Act” and substituting “the Public Trustee, a committee appointed under the Infirm Persons Act”;
(b) in the definition “personal representative” by striking out “the Public Administrator, a public trustee” and substituting “the Public Trustee”;
(c) by repealing the definition “Public Administrator”;
(d) by adding the following definition in alphabetical order:
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act;(curateur public)
29(2)Section 18 of the Act is repealed.
29(3)Section 19 of the Act is repealed.
29(4)Section 20 of the Act is amended
(a) by repealing subsection (1);
(b) in subsection (2) by striking out “Public Administrator” wherever it appears and substituting “Public Trustee”;
(c) in subsection (3) by striking out “Public Administrator” and substituting “Public Trustee”;
(d) by repealing subsection (4).
29(5)Section 21 of the Act is repealed.
29(6)Section 22 of the Act is repealed.
29(7)Section 23 of the Act is repealed and the following is substituted:
23With respect to the administration of the estate or property of a deceased person, 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.
29(8)Section 24 of the Act is repealed.
29(9)Section 25 of the Act is amended
(a) in subsection (2) by striking out “Public Administrator” and substituting “Public Trustee”;
(b) in subsection (3) by striking out “Public Administrator” and substituting “Public Trustee”;
(c) in subsection (4) by striking out “Public Administrator” and substituting “Public Trustee”;
(d) by repealing subsection (5) and substituting the following:
25(5)The Public Trustee may pay the pension estate to any relative by blood or connection by marriage of a deceased pensioner or any other person appearing to him or her to be equitably entitled to the same by reason of having incurred expense for the maintenance, medical attention or burial of the deceased pensioner or to have a claim against the estate of the pensioner in relation to any such expense, or he or she may distribute the estate among the said several persons as he or she sees fit.
29(10)Section 26 of the Act is amended by striking out “Public Administrator” and substituting “Public Trustee”.
29(11)Subsection 58(1) of the Act is amended by striking out “Public Administrator, a public trustee” and substituting“Public Trustee”.
29(12)Section 71 of the Act is amended
(a) in subsection (6) by striking out “the Administrator of Estates appointed pursuant to that Act” and substituting “one of his next-of-kin”;
(b) in subsection (7) by striking out “Public Administrator and upon a public trustee, if any, of the Province” and substituting “Public Trustee, unless the Public Trustee is himself or herself the executor, administrator or trustee”;
(c) by repealing subsection (8) and substituting the following:
71(8)Where a person has died intestate in the Province and administration has been granted to some person who is neither the Public Trustee nor one of the next-of-kin, and it appears to be doubtful whether the intestate left any next-of-kin surviving him or her or that there are no known next-of-kin resident in the Province, notice of an application for the passing of accounts shall be served upon the Public Trustee.
Property Act
30(1)Section 58.1 of the Property Act, chapter P-19 of the Revised Statutes, 1973, is amended
(a) by repealing the definition “Administrator of Estates”;
(b) in the English version in the definition “psychiatric facility” by striking out the period at the end of the definition and substituting a semicolon;
(c) by adding the following definition in alphabetical order:
“Public Trustee” means the Public Trustee appointed under the Public Trustee Act.(curateur public)
30(2)Paragraph 58.3(b) of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
30(3)Paragraph 58.5(1)(b) of the Act is amended by striking out “Administrator of Estates” and substituting “Public Trustee”.
30(4)Section 58.6 of the Act is amended
(a) in paragraph (b) by striking out “Administrator of Estates” and substituting “Public Trustee”;
(b) in paragraph (c) by striking out “Administrator of Estates” and substituting “Public Trustee”.
Commencement
31This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. Sections 1, 2, 3, 4, 5, subsection 6(1), paragraphs 6(2)(d), 6(2)(e), 6(2)(f), 6(2)(g), 6(2)(h), 6(2)(i), sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29 and 30 of this Act were proclaimed and came into force June 1, 2008.
N.B. Paragraphs 6(2)(a), 6(2)(b), 6(2)(c), subsections 6(3), 6(4), 6(5), 6(6) and section 25 of this Act were proclaimed and came into force May 1, 2009.
N.B. This Act is consolidated to January 1, 2024.