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Statutes of Newfoundland and Labrador 2019


CHAPTER 24

AN ACT TO AMEND THE PUBLIC TRUSTEE ACT, 2009

(Assented to December 6, 2019)

Analysis


        1.   S.4 Amdt.
Powers and duties of the public trustee


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2009 cP-46.1
as amended

        1. (1) Paragraph 4(2)(k) of the Public Trustee Act, 2009 is repealed and the following substituted:

             (k)  perform other functions relating to financial or property matters that the public trustee is authorized or required to do by order of a judge. 

             (2)  Section 4 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  Notwithstanding subsection (2) or another Act or law, a judge shall not appoint the public trustee under this Act or another Act unless

             (a)  the public trustee has been given an opportunity to make representations regarding the appointment; or

             (b)  the public trustee consents to the appointment and to the terms of the appointment.

             (4)  The public trustee is not required to act in any capacity, perform any task or function or accept an appointment by reason only of being empowered or authorized to do so. 

             (5)  The public trustee may apply to court to rescind or vary the terms of an appointment made contrary to subsection (3), and the court may either rescind the appointment or vary its terms.