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“Point in Time” Act Content

INFANTS ACT

[RSBC 1996] CHAPTER 223

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
8March 31, 2014
9June 1, 2013
12March 18, 2013
16July 1, 2010
19.1November 24, 2011
28March 18, 2013
29 to 31March 18, 2013
40July 1, 2006
 July 1, 2006
 July 1, 2006
41March 18, 2013
42July 1, 2006
 July 1, 2006
47March 18, 2013
48July 1, 2010
 March 18, 2013
50March 18, 2013
51March 18, 2013

  Section 8(1) BEFORE amended by 2009-13-222 effective March 31, 2014 (BC Reg 148/2013).

(1) If it appears to the Public Guardian and Trustee that there are grounds for believing that a disposition of land in which an infant is interested is being made or is about to be made by a personal representative, official administrator or other person to the prejudice of the infant, the Public Guardian and Trustee may lodge a caveat with the proper registrar of titles prohibiting any dealing with or registration affecting the land until

(a) an order of the court is obtained approving of the disposition, or

(b) the caveat is withdrawn or otherwise discharged.

  Section 9 BEFORE amended by 2012-13-40 effective June 1, 2013 (BC Reg 290/2012).

9  If a notice to proceed has been delivered to the Public Guardian and Trustee under section 7 of the Limitation Act and it appears to the Public Guardian and Trustee that the guardian to whom that notice was delivered is failing to take reasonable steps to protect the interests of the disabled plaintiff or is otherwise acting to the prejudice of the disabled plaintiff, the Public Guardian and Trustee must

  Section 12 BEFORE amended by 2011-25-370 effective March 18, 2013 (BC Reg 131/2012).

 Public Guardian and Trustee has powers for maintenance and education

12  If the Public Guardian and Trustee is the guardian of the estate of an infant, he or she may, for any money or other property of the infant held by him or her or to his or her account, exercise for the benefit of the infant the powers conferred on trustees by section 24 of the Trustee Act and, without obtaining leave of the court, by section 25 of that Act.

  Section 16(1)(b) and (2) BEFORE amended by 2010-6-97,Sch 7 effective July 1, 2010.

(b) if the ward requests, pass his or her accounts as a guardian under the Rules of Court.

(2)  On termination of his or her guardianship of an infant for any other reason, the Public Guardian and Trustee, after deducting any commission, must pass his or her accounts under the Rules of Court.

  Section 19.1 was enacted by 2011-29-147 effective November 24, 2011 (Royal Assent).

  Section 28(a) and (c) BEFORE amended by 2011-25-371 effective March 18, 2013 (BC Reg 131/2012).

(a) if the infant usually resides with both parents and the parents have a common domicile, that domicile,

(c) if the infant usually resides with a person who is not a parent of the infant and that person has lawful custody of the infant, that person's domicile, or

  Sections 29 to 31 BEFORE repealed by 2011-25-372 effective March 18, 2013 (BC Reg 131/2012).

 Marriage settlements

29  (1)  An infant on, or in contemplation of, his or her marriage, with the approval of the court, may make a valid and binding settlement or contract for a settlement of all or part of his or her property of any kind, or property over which he or she has a power of appointment.

(2)  A disposition, including an appointment, of the property or a contract to make a disposition or appointment, executed by the infant, with the approval of the court is, for the purpose of giving effect to the settlement, as effectual as if the person executing the disposition or contract were of full age.

(3)  This section does not extend to a power that is expressly declared not to be exercised by an infant.

 Death of infant

30  If an appointment under a power of appointment is executed under section 29 (2) by an infant, and the infant afterwards dies under age, the appointment becomes void.

 Court's approval

31  (1)  The approval of the court to any marriage settlement or contract for a settlement may be given, on petition presented by the infant or his or her guardian, in a summary way.

(2)  If there is no guardian, the court may require a guardian to be appointed if it thinks fit.

(3)  The court may, if it thinks fit, require that any person interested or appearing to be interested in the property be served with notice of the petition.

  Section 40(1) BEFORE renumbered to (1.1) by 2006-11-7(a) effective July 1, 2006 (BC Reg 159/2006).

(1)  A guardian may make a binding agreement for an infant,

(a) if the agreement involves a consideration not greater than $10 000, with the consent of the Public Guardian and Trustee, or

(b) in a case other than one referred to in paragraph (a), with the approval of the court by order made on the petition of a party to the agreement.

  Section 40(1) was added by 2006-11-7(b) effective July 1, 2006 (BC Reg 159/2006).

  Section 40(2) and (3) BEFORE amended by 2006-11-7(c) effective July 1, 2006 (BC Reg 159/2006).

(2)  Subsection (1) does not apply to an agreement to settle a claim by an infant for unliquidated damages.

(3)  An agreement to indemnify a person as a result of the person making an agreement with another person for an infant is void unless consented to or approved under subsection (1).

  Section 41(1) BEFORE amended by 2011-25-373 effective March 18, 2013 (BC Reg 131/2012).

(1)  Section 40 does not apply to any settlement or contract referred to in section 29, or to a lease, surrender or renewal of a lease referred to in sections 32 to 39.

  Section 42 BEFORE renumbered to (2) by 2006-11-8(a) effective July 1, 2006 (BC Reg 159/2006).

42  If under section 40 the Public Guardian and Trustee refuses to give consent, or unreasonably delays providing written comments under section 40 (10), a party may on 10 days' notice in writing to the Public Guardian and Trustee apply to the court for approval of the proposed agreement or order, and the court may direct the Public Guardian and Trustee to state his or her reasons for the refusal or delay.

  Section 42(1) was added by 2006-11-8(b) effective July 1, 2006 (BC Reg 159/2006).

  Section 47 BEFORE amended by 2011-25-374 effective March 18, 2013 (BC Reg 131/2012).

 Contingent remainders to posthumous children

47  If any property is, by any marriage or other settlement, limited in remainder in trust for the first or other son or a daughter of a named person, with any remainder over to any other person, the person's son or daughter born after the death of his or her father may take the property so limited to the first or other son, or to the daughter, in the same manner as if born in the lifetime of his or her father.

  Section 48(1) BEFORE amended by 2010-6-56 effective July 1, 2010.

(1)  In a proceeding against an infant, whether resident in British Columbia or not, service of the originating process must be made by serving it on a parent or guardian resident in British Columbia.

  Section 48(1) BEFORE amended by 2011-25-375 effective March 18, 2013 (BC Reg 131/2012).

(1)  In a proceeding against an infant, whether resident in British Columbia or not, service of the pleading or petition by which the proceeding was commenced must be made by serving it on a parent or guardian resident in British Columbia.

  Section 50 BEFORE repealed by 2011-25-372 effective March 18, 2013 (BC Reg 131/2012).

 Appointment of guardian

50  (1)  A parent may appoint, by deed if under age, otherwise by deed or will, a guardian to act in his or her place on his or her death as guardian of an infant child under 19 years.

(2)  If either parent dies, the surviving parent may by will transfer part or all of his or her rights and duties to custody, control and management of their infant child's property, but not the infant's services and earnings, to a suitable person.

  Section 51 was enacted by 2011-25-376 effective March 18, 2013 (BC Reg 131/2012).