Point in Time - Public Guardian and Trustee Fees Regulation - 312/2000

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"Point in Time" Regulation Content

Public Guardian and Trustee Act

Public Guardian and Trustee Fees Regulation

B.C. Reg. 312/2000

SECTION	EFFECTIVE DATE
NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
Schedule	July 1, 2010
	July 1, 2012
	March 31, 2014
	August 1, 2014

Schedule, item 13 BEFORE amended by BC Reg 162/2010, effective July 1, 2010.

Column 1 Duty or Service		Column 2 Fee	Column 3 By Whom Payable	Column 4 When Payable
13	Wills Variation Act: Examining Writ of Summons under section 3	$100	The plaintiff	On service of writ
13	Reviewing and commenting on a proposed settlement of a wills variation action	$500	The plaintiff	On demand of payment

Schedule, item 3 BEFORE amended by BC Reg 146/2012, effective July 1, 2012.

3	Employment Standards Act:
	Administering money in trust for a child under the conditions of employment set under section 9 (3) of the Act or section 45.14 of the Employment Standards Regulation, B.C. Reg. 396/95.	(i) 5% of the amount received and 5% of the income earned on it,	The trust fund	On receipt
		plus
		(ii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.	The trust fund	Monthly

Schedule, item 4 BEFORE repealed by BC Reg 148/2013, effective March 31, 2014.

4	Estate Administration Act:
	(a) Acting as representative of estate under section 9 (1) (b) or sections 59 to 61	$300	The party seeking the 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 notice
	(d) Administering the estate of a deceased person or acting under section 51	(i) (A) 3% of gross value of real property conveyed to beneficiary or heir,	The estate, if funds available, otherwise the beneficiary or heir	Before the conveyance
		plus
		(B) 5% of gross sale price of real property sold by agent,	The estate	On receipt of proceeds
		plus
		(C) 7% of gross sale price of real property sold without agent	The estate	On receipt of proceeds
		plus
		(D) 7% of cash received other than the sale of real property,	The estate	On receipt
		plus
		(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,	The estate	On commencement of administration and on recognition of capital growth
		plus
		(F) 7% of the gross value of other personal property,	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 receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate
		plus
		(G) If the sum of the amounts payable under clauses (A) through (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F))	The estate, if the funds available, otherwise the beneficiary or heir	On demand of payment
		plus
		(ii) 5% of income earned by estate,	The estate	On receipt
		plus
		(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.	The estate	Monthly
		plus
		(iv) $75 per hour for staff time spent identifying, locating and proving heirs.	The estate	On demand of payment

Schedule, item 13 BEFORE replaced by BC Reg 148/2013, effective March 31, 2014.

13	Wills Variation Act:
	(a) Examining notice of civil claim under section 3	$100	The plaintiff	On service of notice of civil claim
	(b) Reviewing and commenting on a proposed settlement of a wills variation action	$500	The plaintiff	On demand of payment

Schedule, item 13, the following row was deleted by BC Reg 208/2013, effective March 31, 2014.

(b) Reviewing and commenting on a proposed settlement of a wills variation action

$500

The plaintiff

On demand of payment

Schedule, items 14 and 15 were added by BC Reg 208/2013, effective March 31, 2014.

Schedule BEFORE re-enacted by BC Reg 154/2014, effective August 1, 2014.

Fee Schedule

[en. B.C. Reg. 83/2003; am. B.C. Regs. 475/2003; 162/2010; 146/2012; 148/2013, Sch. A, s. 1; 208/2013, Sch. s. 1.]

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 the value of cash received as capital,	The adult's estate	On receipt
		plus
		(ii) 5% of cash received as income,	The adult's estate	On receipt
		plus
		(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,	The adult's estate	Monthly
		plus
		(iv) 1% of the gross value of all assets.	The adult's estate	On termination of the support and assistance order
2	Community Care Facility Act: Examining an application for consent under section 17 (2) (d) and (f).	$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 (b) section 45.14 or 45.20 of the Employment Standards Regulation, B.C. Reg. 396/95.	(i) 5% of the amount received and 5% of the income earned on it,	The trust fund	On receipt
		plus
		(ii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets.	The trust fund	Monthly
4	Repealed. [B.C. Reg. 148/2013, Sch. A, s. 1 (a).]
5	Estates of Missing Persons Act:
	Administering the estate of a missing person	(i) 3% of gross sale price of real property sold by agent,	The estate	On receipt of proceeds
		plus
		(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,	The estate	On receipt
		plus
		(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,	The estate	On commencement of administration and on recognition of capital growth
		plus
		(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,	The estate	Monthly
		plus
		(v) 5% of gross value of assets other than securities.	The estate	On termination of curatorship
6	Infants Act:
	(a) Performing services undersection 2	$250	The applicant	On completion of the transaction
	(b) Examining application under section 21	$200	The applicant	On service of application
	(c) Examining application under section 22	$250	The applicant	On service of application
	(d) Examining an application for the Public Guardian and Trustee's consent under section 40 (1) (a)	$200	The applicant	On service of application
	(e) Examining other applications under section 40	(i) $100, if the proposed amount is not over $1 500;	The applicant	On service of application
		(ii) $250, if the proposed amount is over $1 500 but not over $5 000;	The applicant	On service of application
		(iii) $300, if the proposed amount is over $5 000 but not over $10 000;	The applicant	On service of application
		(iv) $500, if the proposed amount is over $10 000 but not over $15 000;	The applicant	On service of application
		(v) $750, if the proposed amount is over $15 000 but not over $50 000;	The applicant	On service of application
		(vi) $1 250, if the proposed amount is over $50 000 but not over $100 000;	The applicant	On service of application
		(vii) $2 000, if the proposed amount is over $100 000 but not over $500 000;	The applicant	On service of application
		(viii) $3 000, if the proposed amount is over $500 000;	The applicant	On service of application
		(ix) $250 for a consent to dismissal	The applicant	On service of application
	(f) Examining documents or applications under section 49	$250	Party adverse to infant	On service of documents or application
7	Limitation Act:
7	Responding to notice under section 7	$500	Person serving notice	On service of notice
8	Patients Property Act:
	(a) Responding to a notice of application under section 7	$500	The applicant	On service of notice of application
	(b) Attending to 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 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 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 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 accounts for passing
	(c) Examining an application under section 12	(i) $200, if there is a court application for discharge of committee;	Patient's estate	On receipt of application
	(c) Examining an application under section 12	(ii) $50, for review of documentation on death of patient, if there is no court application	Patient's estate	On receipt of application
	(d) Examining an application under section 28	$300	Patient's estate	On receipt of application
	(e) Acting as committee of the estate of a patient:	(i) 3% of gross sale price of real property sold by an agent,	The estate	On receipt of proceeds
		plus
		(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,	The estate	On receipt
		plus
		(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,	The estate	On commencement of administration and on recognition of capital growth
		plus
		(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,	The estate	Monthly
		plus
		(v) 5% of the gross value of all assets other than securities	The estate	On demand of payment
	(f) Acting under section 24 as committee of the estate of a patient after patient's death	$100 per month or pro-rated portion of it	The estate	Monthly commencing on the death of a patient until the receipt of a copy of the grant of letters probate of the will or letters of administration of the estate of the patient.
9	Public Guardian and Trustee Act:
	(a) Acting under section 6 as executor, trustee, attorney	(i) 3% of gross sale price of real property sold by an agent,	The trust fund or estate	On receipt of proceeds
		plus
		(ii) 5% of cash received whether as capital or income, other than from the sale of real property by an agent,	The trust fund or estate	On receipt
		plus
		(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value	The trust fund or estate	On commencement of administration and on recognition of capital growth
		plus
		(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,	The trust fund or estate	Monthly
		plus
		(v) 5% of gross value of assets other than securities	The trust fund or estate	On demand of payment
	(b) Acting under section 7 as litigation guardian	$350	The infant	On demand of payment
	(c) Making investigation and audit under section 17 (1)	(i) $125, if the gross value of assets in trust or, if the investigation and 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 of payment
		(ii) $200, if the gross value of assets in trust or, if the investigation and 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 of payment
		(iii) $250, if the gross value of assets in trust or, if the investigation and 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 of payment
		(iv) $300, if the gross value of assets in trust or, if the investigation and 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 of payment
		(v) $350, if the gross value of assets in trust or, if the investigation and 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 of payment
		(vi) $400, if the gross value of assets in trust or, if the investigation and audit does not relate to a trust, the gross value of the estate, is over $600 000	The trust fund or estate	On demand of payment
10	Representation Agreement Act:
	(a) Acting as a representative under section 5 or an alternate representative under section 6	(i) 3% of the gross sale price of real property sold by an agent,	The adult's estate	On receipt
		plus
		(ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent,	The adult's estate	On receipt
		plus
		(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,	The adult's estate	On commencement of administration and on recognition of capital growth
		plus
		(iv) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,	The adult's estate	Monthly
		plus
		(v) 5% of the gross value of assets other than securities;	The adult's estate	On termination of administration
	(b) Investigating, under section 30 (3) or 31, an objection about financial abuse	(i) $125, if the gross value of the adult's assets is not over $100 000;	The adult's estate	On demand of payment
		(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 of payment
		(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 of payment
		(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 of payment
		(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 of payment
		(vi) $400, if the gross value of the adult's assets is over $600 000.	The adult's estate	On demand of payment
11	Residential Tenancy Regulation:
11	Receiving money under section 17 of B.C. Reg. 125/2001	5% of the amount received and 5% of income earned on it.	The fund	On receipt
12	Trust and Settlement Variation Act:
12	Examining application under section 3	$750	The applicant	On service of application
13	Wills, Estates and Succession Act:
	(a) Examining notice of civil claim under section 61	$100	The plaintiff	On service of notice of civil claim
	(b) Repealed. [B.C. Reg. 208/2013, Sch. s. 1 (a).]
	(c) Reviewing and commenting on a proposed settlement of an action brought pursuant to Division 6 of Part 4	$500	The plaintiff	On demand of payment
	(d) Administering the estate of a deceased person or acting under section 110, 164 or 167	(i) (A) 3% of gross value of real property conveyed to beneficiary or heir,	The estate if funds available, otherwise the beneficiary or heir	Before the conveyance
		plus
		(B) 5% of gross sale price of real property sold by agent,	The estate	On receipt of proceeds
		plus
		(C) 7% of gross sale price of real property sold without agent,	The estate	On receipt of proceeds
		plus
		(D) 7% of cash received other than the sale of real property,	The estate	On receipt
		plus
		(E) 7% of the gross value of securities at the time the administration commences and 7% of their growth in value,	The estate	On commencement of administration and on recognition of capital growth
		plus
		(F) 7% of the gross value of other personal property,	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 receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate
		plus
		(G) If the sum of the amounts payable under clauses (A) through (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F))	The estate, if funds available, otherwise the beneficiary or heir	On demand of payment
		plus
		(ii) 5% of the income earned by estate,	The estate	On receipt
		plus
		(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,	The estate	Monthly
		plus
		(iv) $75 per hour for staff time spent identifying, locating and proving heirs.	The estate	On demand of payment
	(e) 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
	(f) Acting as representative of estate under section 150	$300	The party seeking appointment	Before the appointment becomes effective
	(g) 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
14	Estate Administration Act: (This item applies only in respect of deaths occurring before March 31, 2014)
	(a) Acting as representative of 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 notice
	(d) Administering the estate of a deceased person or acting under section 51	(i) (A) 3% of gross value of real property conveyed to beneficiary or heir,	The estate, if funds available, otherwise the beneficiary or heir	Before the conveyance
		plus
		(B) 5% of gross sale price of real property sold by agent,	The estate	On receipt of proceeds
		plus
		(C) 7% of gross sale price of real property sold without agent,	The estate	On receipt of proceeds
		plus
		(D) 7% of cash received other than the sale of real property,	The estate	On receipt
		plus
		(E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,	The estate	On commencement of administration and on recognition of capital growth
		plus
		(F) 7% of gross value of other personal property,	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
		plus
		(G) If the sum of the amounts payable under clauses (A) through (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F))	The estate, if funds available, otherwise the beneficiary or heir	On demand of payment
		plus
		(ii) 5% of income earned by estate,	The estate	On receipt
		plus
		(iii) 0.4 of 1% per annum, computed monthly, on the gross value of all assets,	The estate	Monthly
		plus
		(iv) $75 per hour for staff time spent identifying, locating and proving heirs.	The estate	On demand of payment
15	Wills Variation Act: (This item applies only in respect of deaths occurring before March 31, 2014)
	(a) Examining notice of civil claim under section 3	$100	The plaintiff	On service of notice of civil claim
	(b) Reviewing and commenting on a proposed settlement of a wills variation action	$500	The plaintiff	On demand of payment