Public Guardian and Trustee Act, R.S.O. 1990, c. P.51

• Jurisdiction: Ontario

Public Guardian and Trustee Act

R.S.O. 1990, Chapter P.51

Consolidation Period: From October 19, 2021 to the e-Laws currency date.

Last amendment: 2020, c. 11, Sched. 18.

Public Guardian and Trustee, staff

1 (1) The Lieutenant Governor in Council may appoint a member of the bar of Ontario of at least ten years’ standing to be Public Guardian and Trustee, may appoint one or more deputies to act for him or her and may appoint such other persons as employees in the office of the Public Guardian and Trustee as are necessary for the purposes of this Act.

Corporation sole

(2) The corporation sole known as the Public Trustee is continued under the name of Public Guardian and Trustee.

Same

(3) The Public Guardian and Trustee has perpetual succession and an official seal, and may sue and be sued in his or her corporate name. 1992, c. 32, s. 25 (1).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (1) - 03/04/1995

Powers and duties of deputy

2 (1) A deputy of the Public Guardian and Trustee has the powers and duties that the Public Guardian and Trustee delegates to him or her. 1992, c. 32, s. 25 (3).

Absence of Public Guardian and Trustee

(2) If the Public Guardian and Trustee is unable to act because of absence or illness, the deputy who was appointed first shall act in his or her place. 1992, c. 32, s. 25 (3).

Vacancy

(3) If the Public Guardian and Trustee dies or resigns the office, the deputy who was appointed first shall act as Public Guardian and Trustee until a successor is appointed. 1992, c. 32, s. 25 (3).

Other delegation

(4) The Public Guardian and Trustee may in writing delegate any of his or her powers or duties to an employee in his or her office. 1996, c. 2, s. 75 (1).

Power to act as corporate director

(5) Despite paragraph 3 of subsection 118 (1) of the Business Corporations Act, the Public Guardian and Trustee may act as a director of a corporation in which,

(a) a deceased person was the sole shareholder and for whose estate the Public Guardian and Trustee acts as estate trustee if it is necessary and expedient to do so to protect or preserve the interest of the deceased person’s estate in the corporation or to provide for the orderly winding-up or dissolution of the corporation; or

(b) a mentally incapable person is the sole shareholder and for whom the Public Guardian and Trustee acts as the guardian of property if it is necessary and expedient to do so to protect or preserve the interest of the mentally incapable person in the corporation or to provide for the orderly winding-up or dissolution of the corporation. 2006, c. 34, s. 20 (1).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (3) - 03/04/1995; 1996, c. 2, s. 75 (1) - 29/03/1996

2006, c. 34, s. 20 (1) - 01/08/2007

When Attorney General to act

3 In the case of the illness or absence of the Public Guardian and Trustee or if the office becomes vacant and no deputy has been appointed, the Attorney General is by virtue of his or her office Public Guardian and Trustee until another appointment is made. R.S.O. 1990, c. P.51, s. 3; 1992, c. 32, s. 25 (2).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (2) - 03/04/1995

Salaries

4 The salaries or other remuneration of the Public Guardian and Trustee and of the employees in his or her office shall be fixed by the Lieutenant Governor in Council and may be paid out of the money that is appropriated by the Legislature for that purpose or out of any fund established under this Act, as the Lieutenant Governor in Council from time to time may direct. R.S.O. 1990, c. P.51, s. 4; 1992, c. 32, s. 25 (2).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (2) - 03/04/1995

Duties

5 (1) The Public Guardian and Trustee shall discharge the duties imposed upon him or her by any Act of the Legislature or by the Lieutenant Governor in Council, and the Public Guardian and Trustee shall also make inquiries from time to time as to property that has escheated, or become forfeited for any cause to the Crown, or in which the Crown in right of Ontario may be interested. R.S.O. 1990, c. P.51, s. 5; 1992, c. 32, s. 25 (2, 4).

Accountant of the Superior Court of Justice

(2) The Public Guardian and Trustee shall carry out the duties of the Accountant of the Superior Court of Justice and shall designate an employee appointed under subsection 1 (1) to hold that office. 1997, c. 23, s. 11 (1); 2000, c. 26, Sched. A, s. 14 (1).

Same

(3) The Accountant of the Superior Court of Justice is an officer of that court. 2000, c. 26, Sched. A, s. 14 (2).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (2, 4) - 03/04/1995; 1997, c. 23, s. 11 (1) - 28/11/1997

2000, c. 26, Sched. A, s. 14 (1, 2) - 06/12/2000

Immunity

5.1 (1) No proceeding for damages shall be commenced against the Public Guardian and Trustee for anything done or omitted in good faith in connection with his or her powers and duties under an Act. 1992, c. 32, s. 25 (5).

Vicarious liability

(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. 1992, c. 32, s. 25 (5); 2019, c. 7, Sched. 17, s. 145.

Immunity when acting as director

(3) Without limiting subsection (1), if, in the course of the exercise or intended exercise of any power or the performance of any duty under this Act or any other Act, the Public Guardian and Trustee becomes a director of a corporation, the Public Guardian and Trustee shall not be liable as a director under any Act in respect of any debt or other liability of the corporation, or any claim against the corporation, or for any act or omission by the corporation or by the Public Guardian and Trustee acting in his or her capacity as director, if he or she has acted honestly and in good faith with a view to the best interests of the corporation. 2006, c. 34, s. 20 (2).

Indemnity

(4) If the Public Guardian and Trustee acts as a director of a corporation on behalf of a deceased person’s estate or a mentally incapable person, the Public Guardian and Trustee may obtain an indemnity from the estate of the deceased or mentally incapable person against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a director of the corporation if he or she has acted honestly and in good faith with a view to the best interests of the corporation. 2006, c. 34, s. 20 (2).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (5) - 03/04/1995

2006, c. 34, s. 20 (2) - 01/08/2007

2019, c. 7, Sched. 17, s. 145 - 01/07/2019

Application of Public Inquiries Act, 2009

6 Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under section 5 by the Public Guardian and Trustee. 2009, c. 33, Sched. 6, s. 81.

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (2) - 03/04/1995

2009, c. 33, Sched. 6, s. 81 - 01/06/2011

Estates and trusts

7 (1) The Public Guardian and Trustee may be granted letters probate or letters of administration and, subject to subsection (1.1), may be appointed as a trustee under any Act or as trustee of any will or settlement or other instrument creating a trust or duty in the same manner as if he or she were a private trustee.

Consent required

(1.1) The Public Guardian and Trustee shall not be appointed as a trustee, by a court or otherwise, without his or her consent in writing. 1996, c. 2, s. 75 (2).

May be appointed sole trustee

(2) The Public Guardian and Trustee may be appointed sole trustee although the trust instrument contemplates two or more trustees, and any person who is a trustee with the Public Guardian and Trustee may at any time retire from the trust upon passing the person’s accounts and paying over the balance. R.S.O. 1990, c. P.51, s. 7 (2); 1992, c. 32, s. 25 (2).

Section Amendments with date in force (d/m/y)

1992, c. 32, s. 25 (2) - 03/04/1995; 1996, c. 2, s. 75 (2) - 29/03/1996

Fees

8 (1) The Public Guardian and Trustee may charge fees for anything done by the Public Guardian and Trustee under this or any other Act. 1996, c. 2, s. 75 (3).

Fees

(1.1) The Public Guardian and Trustee may charge fees for services rendered and things done by his or her employees and agents. 1997, c. 23, s. 11 (2).

Reimbursement for expenses

(1.2) The Public Guardian and Trustee is entitled to be reimbursed for expenses incurred by the Public Guardian and Trustee or his or her employees or agents in respect of services rendered and things done under this or any other Act. 2000, c. 26, Sched. A, s. 14 (3).

Establishing fees

(2) The Public Guardian and Trustee shall establish the fees, subject to the approval of the Attorney General. 1996, c. 2, s. 75 (3).

Basis of calculation

(3) The fees may be calculated on a flat rate basis for each thing done, on an hourly basis, on the basis of actual costs incurred by the Public Guardian and Trustee, as a percentage of the income or capital of an estate, or in any other manner that the Public Guardian and Trustee considers appropriate. 1996, c. 2, s. 75 (3).

Deduction of fees and expenses

(3.1) The Public Guardian and Trustee may deduct fees and expenses from the money held for a person, estate or trust. 2000, c. 26, Sched. A, s. 14 (3).

Discretionary reduction or waiver

(3.2) The Public Guardian and Trustee may, in his or her discretion, reduce the amount of a fee or waive its payment in a case of hardship or in other appropriate circumstances. 2001, c. 9, Sched. B, s. 12 (1).

Same

(3.3) A reduction or waiver under subsection (3.2) may be in respect of a person or a class of persons. 2001, c. 9, Sched. B, s. 12 (1).

Other Acts

(4) This section prevails over a provision relating...