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B.C. Reg. 312/2000
O.C. 1265/2000
Deposited September 12, 2000
effective October 2, 2000
This consolidation is current to August 15, 2017.
Link to Point in Time

Public Guardian and Trustee Act

Public Guardian and Trustee Fees Regulation

[includes amendments up to B.C. Reg. 154/2014, August 1, 2014]

Contents
1Definition
2Fees
3Reductions and refunds
4Power to delegate
Fee Schedule

Definition

1  In this regulation, "security" includes

(a) a stock or bond,

(b) a warrant, option or right to purchase a security,

(c) a security future, currency future, future option or forward contract,

(d) a mortgage,

(e) a financial instrument, security instrument or derivative instrument,

(f) a mutual fund unit, investment fund unit or similar instrument, and

(g) any other property similar to one referred to in paragraphs (a) to (f).

Fees

2  (1) For a duty or service described in Column 1 of the Fee Schedule, the party named in Column 3 must pay to the Public Guardian and Trustee, at the time specified in Column 4, the fee specified in Column 2 opposite the applicable duty or service.

(2) In relation to a duty or service described in item 10 (a) of the Fee Schedule, the requirement of subsection (1) of this section to pay the fee specified in Column 2 opposite that duty or service is subject to section 26 of the Representation Agreement Act.

Reductions and refunds

3  If satisfied that hardship or unfairness will result from payment of a fee, the Public Guardian and Trustee may excuse or refund a fee, despite section 2.

Power to delegate

4  The Public Guardian and Trustee may delegate the functions in section 3 to other persons in the office of the Public Guardian and Trustee.

Fee Schedule

[en. B.C. Reg. 154/2014.]

Column 1
Duty or Service
Column 2
Fee
Column 3
By Whom
Payable
Column 4
When
Payable
1Adult Guardianship Act:
Acting under a support and assistance order under section 56(i) 1% of cash received as capital,
plus
The adult's estateOn demand
(ii) 4% of cash received as income,
plus
The adult's estateOn demand
(iii) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The adult's estateOn demand
(iv) 1% of the gross value of all assetsThe adult's estateOn termination of the support and assistance order
2Community Care and Assisted Living Act:
Examining an application for consent under section 18 (4) (b)$100The applicantOn making the application
3Employment Standards Act:
Administering money in trust for a child under
(a) the conditions of employment set under section 9 (3) of the Act, or(i) 3.75% of the amount received and 3.75% of the income earned on it,
plus
The trust fundOn demand
(b) section 45.14 or 45.20 of the Employment Standards Regulation, B.C. Reg. 396/95(ii) 0.7% per annum, computed monthly, on the gross value of all assetsThe trust fundOn demand
4Estates of Missing Persons Act:
Administering the estate of a missing person(i) 3% of the gross sale price of real property sold by an agent,
plus
The estateOn demand
(ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
The estateOn demand
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,
plus
The estateOn demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The estateOn demand
(v) 5% of the gross value of assets other than securitiesThe estateOn termination of the curatorship
5Family Law Act:
Examining and responding to an application to appoint a trustee over a minor's estate under section 179 (2) (f) or 180 (f)$500The applicantOn service of the application
6Infants Act:
(a) Performing services under section 2;$250The applicantOn completion of the transaction
(b) Examining an application under section 21;$200The applicantOn service of the application
(c) Examining an application under section 22;$250The applicantOn service of the application
(d) Examining an application for consent under section 40 (1.1) (a);$200The applicantOn service of the application
(e) Examining other applications under section 40;(i) $100, if the proposed amount is not over $1 500;The applicantOn service of the application
(ii) $250, if the proposed amount is over $1 500 but not over $5 000;The applicantOn service of the application
(iii) $300, if the proposed amount is over $5 000 but not over $10 000;The applicantOn service of the application
(iv) $500, if the proposed amount is over $10 000 but not over $15 000;The applicantOn service of the application
(v) $750, if the proposed amount is over $15 000 but not over $50 000;The applicantOn service of the application
(vi) $1 250, if the proposed amount is over $50 000 but not over $100 000;The applicantOn service of the application
(vii) $2 000, if the proposed amount is over $100 000 but not over $500 000;The applicantOn service of the application
(viii) $3 000, if the proposed amount is over $500 000;The applicantOn service of the application
(ix) $250 for a consent to dismissalThe applicantOn service of the application
(f) Examining documents or applications under section 49$250Party adverse to the infantOn service of the documents or applications
7Limitation Act:
Responding to a notice under section 20$500Person serving the noticeOn service of the notice
8Patients Property Act:
(a) Responding to a notice of application under section 7;$500The applicantOn service of the notice of application
(b) Attending to the 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 estateOn presentation of the 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 estateOn presentation of the 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 estateOn presentation of the accounts for passing
(iv) $500, for each 12 months reviewed, if the gross value of patient's assets is over $500 000Patient's estateOn presentation of the accounts for passing
(c) Examining an application under section 28;$300Patient's estateOn receipt of the application
(d) Acting as committee of the estate of a patient;(i) 4% of the gross sale price of real property sold by an agent,
plus
Patient's estateOn demand
(ii) 4% of the cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
Patient's estateOn demand
(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,
plus
Patient's estateOn demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
Patient's estateOn demand
(v) 4% of the gross value of all assets other than securities,
plus
Patient's estateOn demand
(vi) An amount equal to the difference between $100 multiplied by the number of months the Public Guardian and Trustee was committee of the estate prior to the patient's death and the sum of the amounts payable under clauses (i) to (v);Patient's estateOn demand
(e) Acting under section 24 after the patient's death$120 per month or pro-rated portion of it, commencing on the death of the patient until the receipt of the representation grantPatient's estateOn demand
9Public Guardian and Trustee Act:
(a) Acting as executor under section 6;(i) 3% of the gross sale price of real property sold by an agent,
plus
The estateOn demand
(ii) 5% of cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
The estateOn demand
(iii) 5% of the gross value of securities at the time administration commences and 5% of their growth in value,
plus
The estateOn demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The estateOn demand
(v) 5% of the gross value of assets other than securities;The estateOn demand
(b) Acting as trustee under section 6;(i) 3.75% of the gross sale price of real property sold by an agent,
plus
The trust fund or estateOn demand
(ii) 3.75% of cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
The trust fund or estateOn demand
(iii) 3.75% of the gross value of securities at the time administration commences and 3.75% of their growth in value,
plus
The trust fund or estateOn demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The trust fund or estateOn demand
(v) 3.75% of the gross value of assets other than securities;The trust fund or estateOn demand
(c) Acting as attorney under section 6;(i) 4% of the gross sale price of real property sold by an agent,
plus
The trust fund or estateOn demand
(ii) 4% of cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
The trust fund or estateOn demand
(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,
plus
The trust fund or estateOn demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The trust fund or estateOn demand
(v) 4% of the gross value of assets other than securities;The trust fund or estateOn demand
(d) Acting as litigation guardian under section 7;$350The young personOn demand
(e) Making an investigation or audit under section 17 (1)(i) $125, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is not over $100 000;The trust fund or estateOn demand
(ii) $200, if the gross value of assets in trust or, if the investigation or 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 estateOn demand
(iii) $250, if the gross value of assets in trust or, if the investigation or 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 estateOn demand
(iv) $300, if the gross value of assets in trust or, if the investigation or 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 estateOn demand
(v) $350, if the gross value of assets in trust or, if the investigation or 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 estateOn demand
(vi) $400, if the gross value of assets in trust or, if the investigation or audit does not relate to a trust, the gross value of the estate, is over $600 000The trust fund or estateOn demand
10Representation Agreement Act:
(a) Acting as a representative under section 5 or an alternate representative under section 6;(i) 4% of the gross sale price of real property sold by an agent,
plus
The adult's estateOn demand
(ii) 4% of cash received, whether as capital or income, other than from the sale of real property by an agent,
plus
The adult's estateOn demand
(iii) 4% of the gross value of securities at the time administration commences and 4% of their growth in value,
plus
The adult's estateOn demand
(iv) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The adult's estateOn demand
(v) 4% of the gross value of assets other than securities;The adult's estateOn termination of administration
(b) Investigating an objection about financial abuse under section 30 (3) or 31(i) $125, if the gross value of the adult's assets is not over $100 000;The adult's estateOn demand
(ii) $200, if the gross value of the adult's assets is over $100 000 but not over $250 000;The adult's estateOn demand
(iii) $250, if the gross value of the adult's assets is over $250 000 but not over $375 000;The adult's estateOn demand
(iv) $300, if the gross value of the adult's assets is over $375 000 but not over $500 000;The adult's estateOn demand
(v) $350, if the gross value of the adult's assets is over $500 000 but not over $600 000;The adult's estateOn demand
(vi) $400, if the gross value of the adult's assets is over $600 000The adult's estateOn demand
11Trust and Settlement Variation Act:
Examining an application under section 3$750The applicantOn service of the application
12Wills, Estates and Succession Act:
(a) Examining a notice of civil claim under section 61;$100The plaintiffOn service of notice of civil claim
(b) Reviewing and commenting on a proposed settlement of an action brought pursuant to Division 6 of Part 4;$500The plaintiffOn demand
(c) Administering the estate of a deceased person or acting under section 164 or 167;(i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir,
plus
The estate, if funds available, otherwise the beneficiary or heirOn demand
    (B) 5% of the gross sale price of real property sold by an agent,
plus
The estateOn demand
    (C) 7% of the gross sale price of real property sold without an agent,
plus
The estateOn demand
    (D) 7% of cash received, other than from the sale of real property,
plus
The estateOn demand
    (E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,
plus
The estateOn demand
    (F) 7% of the gross value of other personal property,
plus
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 estateOn demand
    (G) If the sum of the amounts payable under clauses (A) to (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F)),
plus
The estate, if funds available, otherwise the beneficiary or heirOn demand
(ii) 5% of the income earned by the estate,
plus
The estateOn demand
(iii) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The estateOn demand
(iv) $75 per hour for staff time spent identifying, locating and proving heirs;The estateOn demand
(d) Reviewing a notice to the court under section 121 (1) or 138 (2) and providing comments under section 124;$300The applicantOn service of notice
(e) Acting as a representative of an estate under section 150;$300The party seeking appointmentOn demand
(f) Examining and responding to an application to appoint a trustee to hold and administer a minor's estate under section 153 (3)$500The applicantOn service of notice
13Estate Administration Act:
(This item applies only in respect of deaths occurring before March 31, 2014)
(a) Acting as a representative of an estate under section 9 (1) (b) or sections 59 to 61;$300The party seeking appointmentBefore the appointment becomes effective
(b) Reviewing an application to the court under section 7 or 41 and providing comments;$150The applicantOn service of notice
(c) Examining a notice under section 112; $300The applicantOn service of the notice
(d) Administering an estate or acting under section 51(i) (A) 3% of the gross value of real property conveyed to the beneficiary or heir,
plus
The estate, if funds available, otherwise the beneficiary or heirBefore the conveyance
    (B) 5% of the gross sale price of real property sold by an agent,
plus
The estateOn receipt of proceeds
    (C) 7% of the gross sale price of real property sold without an agent,
plus
The estateOn receipt of proceeds
    (D) 7% of cash received, other than from the sale of real property,
plus
The estateOn receipt
    (E) 7% of the gross value of securities at the time administration commences and 7% of their growth in value,
plus
The estateOn commencement of administration and on recognition of capital growth
    (F) 7% of the gross value of other personal property,
plus
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 estateOn receipt of proceeds available from the estate, or before transfer or delivery if funds are not available from the estate
    (G) If the sum of the amounts payable under clauses (A) to (F) is less than $3 500, then an additional amount is payable in the sum of $3 500 – ((A) + (B) + (C) + (D) + (E) + (F)),
plus
The estate, if funds available, otherwise the beneficiary or heirOn demand
(ii) 5% of the income earned by the estate,
plus
The estateOn receipt
(iii) 0.7% per annum, computed monthly, on the gross value of all assets,
plus
The estateMonthly
(iv) $75 per hour for staff time spent identifying, locating and proving heirsThe estateOn demand
14Wills Variation Act:
(This item applies only in respect of deaths occurring before March 31, 2014)
(a) Examining a notice of civil claim under section 3;$100The plaintiffOn service of the notice of civil claim
(b) Reviewing and commenting on a proposed settlement of a wills variation action$500The plaintiffOn demand

Note: this regulation replaces B.C. Reg. 64/2000.

[Provisions relevant to the enactment of this regulation: Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, section 23]