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B.C. Reg. 311/76
O.C. 1680/76
Filed May 31, 1976
effective February 1, 1977
This consolidation is current to January 9, 2018.
Link to Point in Time

Court Rules Act

Patients Property Act Rules

[includes amendments up to B.C. Reg. 145/2010, July 1, 2010]

Contents
Rule 1 — Interpretation
(1) Definitions
Rule 2 — Applications to the Court
(1) Supreme Court Civil Rules apply
(2) Service of petition
(3) Affidavit of kindred and fortune
(4) Copy of order to Public Trustee
Rule 3 — Security
(1) Security may be varied
(2) Discharge of security
(3) Idem
Rule 4 — Passing Committee's Accounts under Section 10
(1) Time and place of passing
(2) Service of notice
(3) Idem
(4) Consent and Waiver
(5) Attendance of committee
(6) Evidence at passing of accounts
(7) Certificate of results
(8) Passing before registrar
Rule 5 — Accounts
(1) Verified by affidavit
(2) Forms and content
Rule 6 — Passing Accounts under Section 13
(1) Service of notice
Rule 7 — Appeals From the Findings of the Public Trustee
(1) Notice of appeal
(2) Proceeding before registrar
(3) Report by Public Trustee
Rule 8 — Documents
(1) Deposit of patient's documents with Public Trustee
(2) Idem
(3) Disposition of documents by Public Trustee
(4) Inquiry re documents
Rule 9 — Miscellaneous
(1) Employment of professional person by committee
(2) Attendance of patient
(3) Unsatisfactory conduct of proceedings
(4) Costs
(5) Forms
Appendix

Rule 1 — Interpretation

Definitions

(1)In these rules, unless the context otherwise requires:

"Act" means the Patients Property Act;

"court" means the Supreme Court of British Columbia.

Rule 2 — Applications to the Court

Supreme Court Civil Rules apply

(1)All applications under the Act shall be governed by the Supreme Court Civil Rules.

Service of petition

(2)Unless otherwise ordered by the court, a notice of every application for the appointment of a committee, in Form 1 in the Appendix, shall be served upon the patient, and if the application is to be made with an application under section 31 of the Act, it shall be served together with the notice required by section 3, and where the patient is residing in a Provincial mental health facility, a certificate in Form 2 in the Appendix, under the hand of a person purporting to be the medical superintendent or acting medical superintendent of the facility, of the service of the notice shall be accepted as prima facie evidence of the service.

Affidavit of kindred and fortune

(3)The applicant for appointment of a committee of the person or of the estate of a patient shall file an affidavit of kindred and fortune according to Form 3 in the Appendix, with whatever variations are required.

Copy of order to Public Trustee

(4)Every person who makes an application under the Act shall deliver a copy of the order made on the application to the Public Trustee.

[am. B.C. Reg. 145/2010, s. (a).]

Rule 3 — Security

Security may be varied

(1)The amount of security to be given by a committee for the due performance of his duties may be varied by the court.

Discharge of security

(2)When a committee enters into a fresh security, upon the security being perfected and the balance due by the committee being paid or secured to the satisfaction of the Public Trustee, the former security shall be discharged.

Idem

(3)Upon making an order discharging a committee, the court may direct that the security be delivered up to be cancelled or otherwise dealt with, and direct delivery of any assets of the patient or former patient according to the circumstances.

Rule 4 — Passing Committee's Accounts under Section 10

Time and place of passing

(1)Upon application by a committee at any time, or upon deciding that the accounts of a committee should be passed before him under section 10 of the Act, the Public Trustee may appoint the time and place for the passing of accounts by a committee.

Service of notice

(2)Unless the persons directed to be served by this rule sign and deliver to the Public Trustee a Consent and Waiver according to Form 4 in the Appendix, notice of the passing of accounts before the Public Trustee according to Form 5 in the Appendix shall be served by the committee,

(a) if the patient in respect of whose estate accounts are to be passed is alive, upon the person who applied for the appointment of the committee, or, if that is not practicable, on a person who is the next of kin of the patient,

(b) if the patient in respect to whose estate the accounts are to be passed is deceased, upon the personal representative of the patient, or, if the personal representative is the committee, on the widow or the person who is next of kin of the deceased patient, or

(c) upon such other person or persons as the Public Trustee may designate.

Idem

(3)Service under Rule 4 (2) shall be effected, either personally or by registered mail addressed to the person at an address approved by the Public Trustee, 14 days prior to the date set for the passing of accounts, but the Public Trustee may increase the time. Proof of service shall be filed with the Public Trustee.

Consent and Waiver

(4)Where each person directed to be served under Rule 4 (2) either delivers a Consent and Waiver to the Public Trustee or fails to advise him that he intends to appear on the passing of accounts as in the notice directed, the Public Trustee may take, audit and pass the accounts of the committee and fix his remuneration at such time, with or without the formal attendance of the committee, as the Public Trustee and the committee may agree.

Attendance of committee

(5)The Public Trustee may require a committee to appear before him and give evidence on the passing of his accounts, and should the committee fail to appear as required, the Public Trustee may apply to the Court for an order compelling the attendance of the committee.

Evidence at passing of accounts

(6)At a passing of accounts before him, the Public Trustee may hear such evidence as he deems proper and adjourn the passing from time to time.

Certificate of results

(7)The Public Trustee shall issue a certificate to the committee setting forth his findings on the passing of accounts and the amount of remuneration of the committee.

Passing before registrar

(8)Where for purposes of convenience or otherwise the Public Trustee directs that the committee shall pass his accounts before a registrar, he shall notify the committee and the registrar in writing, and the committee shall forthwith apply to the registrar for an appointment to pass accounts, and the registrar shall issue the appointment and proceed with the accounting according to the Act and these rules. The committee shall serve a copy of the appointment upon the Public Trustee 5 days prior to the day fixed by the registrar for the accounting.

Rule 5 — Accounts

Verified by affidavit

(1)Accounts of committees presented to the Public Trustee or to a registrar shall be verified by affidavit, and the committee shall be prepared to vouch the accounts.

Forms and content

(2)Accounts shall be simple and shall be made up of statements dealing with the original inventory and subsequently discovered assets, capital receipts and disbursements, revenue receipts and disbursements, and assets held at the end of the period, with original assets distinguished from investments made by the committee. The items in the statements shall be numbered consecutively and dated.

Rule 6 — Passing Accounts under Section 13

Service of notice

(1)Notice of the passing of accounts under section 13 of the Act shall be served in such form and on such persons as the court may designate.

Rule 7 — Appeals From the Findings of the Public Trustee

Notice of appeal

(1)An appeal under section 10 (2) or (3)2 of the Act shall be brought by the committee

(a) filing a notice of appeal according to Form 6 in the Appendix with a registrar in the county in which he was appointed committee,

(b) at the same time taking out an appointment with the registrar according to Form 7 in the Appendix to take, audit and pass the accounts and fix the remuneration of the committee, and

(c) serving the Public Trustee and all persons required to be served under Rule 4 (2) with a copy of the notice of appeal and the appointment in accordance with Rule 4 (3).

Proceeding before registrar

(2)Where accounts are presented to the registrar for passing, he shall proceed in accordance with the Supreme Court Civil Rules and has all the powers with respect thereto as though he were passing the accounts pursuant to an order of the court.

Report by Public Trustee

(3)Whenever an appeal is taken from the findings of the Public Trustee, the Public Trustee may file a report with the registrar or the court appealed to with respect to the reasons for his findings on the passing of accounts, but he shall provide a copy of such report to the committee and all persons served by the committee under Rule 7 (1).

[am. B.C. Reg. 145/2010, s. (b).]

Rule 8 — Documents

Deposit of patient's documents with Public Trustee

(1)A person having in his possession or control a deed, document, certificate, writing or testamentary document belonging to or executed by a patient, or to which a patient is entitled, shall, upon a direction of the court, deposit it with the Public Trustee or deal with it in the manner directed by the court.

Idem

(2)A person who is possessed of a testamentary paper of a patient may deposit the paper in the office of the Public Trustee.

Disposition of documents by Public Trustee

(3)The Public Trustee may, upon being satisfied that a patient has died, open and read any document deposited in his office under these rules, and thereafter deliver the document to the person lawfully entitled to it or otherwise deal with it in a proper and lawful manner.

Inquiry re documents

(4)The court may inquire whether any person has in his possession or under his control or has any knowledge of any deed, document, certificate, writing or testamentary document belonging to or executed by a patient or to which a patient is entitled, and may require any person to answer the inquiry upon oath, and if necessary appear before the court or the Public Trustee for examination.

Rule 9 — Miscellaneous

Employment of professional person by committee

(1)A committee is not entitled to employ a professional person, at the expense of the estate of a patient, to do work not usually requiring professional assistance.

Attendance of patient

(2)The court may require the personal attendance of a patient or of a person who is the subject of an application upon the hearing of an application made under the Act, or may visit the patient or person or direct that he be visited by the registrar or some other designated person.

Unsatisfactory conduct of proceedings

(3)If it appears to the court that there is undue delay in a matter, or if it is dissatisfied with the conduct of any proceedings or with the manner in which an order made or direction given is being carried out, it may

(a) require the person having conduct of the proceedings or any other person appearing to be answerable to appear before it to explain the delay or other conduct, and

(b) make such order as the circumstances require or order that the conduct of the proceedings be transferred to and undertaken by the Public Trustee or a solicitor nominated by the Attorney General.

Costs

(4)Costs of proceedings under the Act and these rules shall be taxed and allowed in accordance with the Supreme Court Civil Rules.

Forms

(5)The forms in the Appendix may be used in the cases in which they are applicable, with whatever variation the circumstances require.

[am. B.C. Reg. 145/2010, s. (c).]

Appendix

Form 1

Notice of Application for Appointment of Committee

IN THE SUPREME COURT OF BRITISH COLUMBIA

In the Matter of A.B.

To A.B.:

You are informed that an application has been made by .............................., of .............................., for the appointment of C.D., of .............................. (or some other fit and proper person), to manage and administer your property (OR to have personal custody of you, OR to manage and administer your property and have personal custody of you). It is made with a view to the protection of your property (OR It is made for your own protection, OR It is made with a view to the protection of your property and yourself). If you have any objection or observation to make, you can do so by letter addressed to the Registrar at the Courthouse at .............................., or you can instruct a solicitor to act for you.

The time appointed for the hearing of the application is the .................... day of ...................., 20...., at .................... o'clock at the Courthouse at .............................., but an order will not be made until 7 days after the day you receive this notice.

Dated the .................... day of ...................., 20.....

This notice was issued by ...............................

Solicitor for applicant: ........................................

Solicitor's address: ........................................

Form 2

Certificate of Medical or Acting Medical Superintendent
of Service of Notice of Application for
Appointment of Committee

(Heading as in Form 1)

I, .............................., the Medical Superintendent OR Acting Medical Superintendent of .............................., certify that on .................... (date) at .................... (time), I served the above named A.B. at .............................. with a Notice of Application for Appointment of Committee, a copy of which is annexed hereto and initialed by me.

Dated the .................... day of ...................., 20.....

Signed ..............................(Medical Superintendent)

Form 3

Affidavit of Kindred and Fortune in Support of
Application for Appointment of a Committee

(Heading as in Form 1)

I, .............................., of .............................., make oath and say as follows:

1   I am the husband (OR wife, OR brother, OR as the case may be) of the above-named A.B.

2   The said A.B. has a (set out relationship, name and address of closest next of kin).

3   The (other nearest relatives of the said A.B.) are (state the names and addresses of other near relatives):

(1)

(2)

(3)

4   A.B. is .................... years of age and is a ............................. (occupation).

5   A.B is now at the .................... Mental Hospital. He was taken there on the .................... day of ...................., 20..... (OR is residing at ....................).

6   The real estate belonging to A.B is specified in the first part of the Schedule hereto (OR the said A.B. is not entitled to any real estate).

7   The personal property belonging to A.B. is specified in the second part of the Schedule hereto.

8   A.B. is a tenant for life of the residuary estate under the will of ...................., who died at .................... on the day of ...................., 20...., and whose will was proved or resealed (set out particulars of probate or resealing).

The present trustees (OR executors) of the will are (set out the names, addresses and descriptions of trustees or executors). The property of which A.B. is tenant for life under the will is specified in the third part of the Schedule hereto.

(Set out similarly any other property to which A.B is entitled and particulars of his entitlement).

9   The net income of A.B is .................... dollars per year.

10   The capital of A.B does not exceed .................... dollars.

11   The debts of A.B. amount to .................... dollars. These are specified in the fourth part of the Schedule hereto (OR There are no debts owing by the said A.B.).

12   The cost of maintenance of A.B. at .................... is .................... dollars a year (OR as the case may be).

SCHEDULE TO FORM 3

Part I:Real Estate.
Part II:Personal Property.
Part III:Property of which A.B. is tenant for life or other property to which he is entitled.
Part IV:Debts and liabilities.
SWORN, etc.

Form 4

Consent and Waiver

To the Public Trustee:

Rethe Estate of A.B., Patient

I hereby acknowledge having received a copy of the accounts of C.D., the Committee of A.B., covering the period from ........................ to ...................., and I consent to the accounts as presented and waive any notice of the passing of the accounts.

Dated at ...................., this .................... day of ...................., 20.....

Witness:

..................................................(name)..................................................(name)
..................................................(address)..................................................(address)
....................................................................................................
..................................................(occupation).............................................(relationship to patient)

Form 5

Notice of Passing Accounts

re Estate of A.B.

TAKE NOTICE that the Public Trustee has set (date) at (time), at his office at ...................., as the time and place for the passing of the accounts of C.D., as Committee of A.B., from .................... to ...................., and for the fixing of remuneration to be paid to C.D. for his services as Committee.

AND FURTHER TAKE NOTICE that unless you advise the Public Trustee in writing within 7 days of the receipt of this notice that you wish to appear or be represented on the passing of the accounts, the Public Trustee may proceed with the passing of the accounts without requiring the formal attendance of the Committee or any party and at any time, either prior to or after the above-mentioned date, without further notice to you.

Dated this .................... day of ...................., 20.....

..................................................Committee (or Solicitor for C.D., the Committee)

Form 6

Notice of Appeal from Public Trustee

To the District Registrar of the Supreme Court of British Columbia at ....................:

In the Matter of the Patients Property Act
and
In the Estate of A.B., Patient

C.D., the Committee of A.B., appeals the findings of the Public Trustee on the passing of his accounts from .................... to .................... as set forth in the certificate of the Public Trustee dated the .................... day of ...................., 20.....

A copy of the certificates and the accounts verified by the affidavit of C.D. is attached.

Dated at .................... this .................... day of ...................., 20......

..................................................Committee (or Solicitor for the said C.D.)

Form 7

Notice of Hearing of Appeal from Public Trustee

To the District Registrar of the Supreme Court of British Columbia at ....................:

In the Matter of the Patients Property Act
and
In the Matter of A.B., Patient

I hereby appoint .................... (date) at .................... (time), at my office at the Courthouse, ............................., B.C., as the time and place for passing the accounts of C.D., as Committee of A.B., from .................... to ...................., and fixing the remuneration of C.D., as Committee. This hearing is an appeal from the findings of the Public Trustee, set forth in his certificate dated the .................... day of ...................., 20......

Dated at ...................., B.C., this .................... day of ...................., 20......

1. Section 3 of the Patients Property Act, R.S.B.C. 1979, c. 313, was repealed by 1982-7-94.
2.Section 10 (3) of the Patients Property Act, R.S.B.C. 1979, c. 313, was repealed by 1980-1-21.

[Provisions relevant to the enactment of this regulation: Court Rules Act, R.S.B.C. 1996, c. 80 section 1 (2) (f)]