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AR 218/2009 TRANSITIONAL (APPLICATIONS MADE IN CONFORMITY WITH THE DEPENDENT ADULTS ACT; CERTIFICATES OF INCAPACITY) REGULATION

(Consolidated up to 37/2010)

ALBERTA REGULATION 218/2009

Adult Guardianship and Trusteeship Act
Public Trustee Act

TRANSITIONAL (APPLICATIONS MADE IN CONFORMITY WITH
THE DEPENDENT ADULTS ACT; CERTIFICATES
OF INCAPACITY) REGULATION

Table of Contents

Certificates of Incapacity Continued under
the Public Trustee Act


                4       Prescribed period and date

                5       Review of certificates of incapacity

                6       Manner in which Public Trustee is to account

                7       Application of Acts

                8       Repeal

                9       Expiry

              10       Coming into force

1 to 3   Repealed AR 218/2009 s8.

Certificates of Incapacity Continued
Under the Public Trustee Act

Prescribed period and date

4(1)  For the purposes of section 47(4)(b)(ii) of the Public Trustee Act, the prescribed period is one year after receiving the request.

(2)  The date prescribed for the purposes of section 47(4)(c) of the Public Trustee Act is September 30, 2021.

Review of certificates of incapacity

5(1)  Subject to subsection (2), Part 2 of the Adult Guardianship and Trusteeship Regulation, as it relates to applications for review of trusteeship orders, applies, with any necessary modifications, to applications to the Court respecting reviews of certificates of incapacity.

(2)  On an application for review of a certificate of incapacity, the Public Trustee is not required to give notice of the application to any relative of the adult with whom the Public Trustee has not had contact within the 6‑year period immediately preceding the date on which the application is started.

Manner in which Public Trustee is to account

6(1)  On an application for review of a certificate of incapacity under section 47(4) of the Public Trustee Act the Public Trustee may also apply for examination and approval of the Public Trustee’s accounts respecting administration of the incapacitated person’s property under the certificate of incapacity.

(2)  If the Public Trustee’s accounts respecting administration of the incapacitated person’s property under the certificate of incapacity are not examined and approved by the Court when the certificate of incapacity is reviewed under section 47(4) of the Public Trustee Act, the Public Trustee may subsequently apply to the Court to have the Public Trustee’s accounts examined and approved.

(3)  The Public Trustee shall apply to have the Public Trustee’s accounts respecting administration of the incapacitated person’s property under the certificate of incapacity examined and approved if directed to do so by the Court under section 63(3), (4) or (6) of the Adult Guardianship and Trusteeship Act.

(4)  Subject to subsection (5), Part 2 of the Adult Guardianship and Trusteeship Regulation, as it relates to applications for examination and approval of the Public Trustee’s accounts as trustee under a trusteeship order, applies, with any necessary modifications, to an application to the Court to examine and approve the Public Trustee’s accounts under a certificate of incapacity.

(5)  On an application for examination and approval of the Public Trustee’s accounts respecting administration of the incapacitated person’s property under a certificate of incapacity,

                                 (a)    the Public Trustee must submit the following accounting information:

                                           (i)    a current inventory of assets and liabilities, and

                                          (ii)    a statement of receipts and disbursements since the date of the Public Trustee’s appointment,

                                 (b)    the accounting documents to be served on or sent to any person who is required to be notified of the application are the documents referred to in clause (a), and

                                 (c)    the Public Trustee is not required to give notice of the application to any relative of the adult with whom the Public Trustee has not had contact within the 6‑year period immediately preceding the date on which the application is started.

Application of Acts

7(1)  Sections 74 and 75 of the former Act apply in respect of a certificate of incapacity and to the Public Trustee as trustee for the incapacitated person.

(2)  Sections 57, 61, 62, 63(3) to (6) and (9), 67 to 69 and 70(1) of the Adult Guardianship and Trusteeship Act apply in respect of a certificate of incapacity and to the Public Trustee as trustee for the incapacitated person.

Repeal

8   In accordance with section 117(11) of the Adult Guardianship and Trusteeship Act, sections 1 to 3 are repealed on the earliest of

                                 (a)    the coming into force of an amendment that adds the subject matter of sections 1 to 3 to the Adult Guardianship and Trusteeship Act or another Act,

                                 (b)    the coming into force of a regulation that repeals sections 1 to 3, and

                                 (c)    3 years after sections 1 to 3 come into force.

AR 218/2009 s8;37/2010

Expiry

9   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2019.

Coming into force

10   This Regulation comes into force on the coming into force of the Adult Guardianship and Trusteeship Act.