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St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2012



(Assented to December 22, 2012)


        1.   S.1 Amdt.

        2.   S.3 Amdt.
15.   Designation of legally
16.   Designation agreement
20.   Monitoring of RDSP
22.   Regulations

        3.   Commencement



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

SNL2012 c4

        1. Section 1 of An Act to Amend the Enduring Powers of Attorney Act is amended by repealing subsection 2(2) and substituting the following:

             (2)  This Act, except sections 15 to 22, applies only to a power of attorney that authorizes the management of the estate of a donor.


        2. (1) Section 3 of the Act is amended by repealing subsection 15(3) and substituting the following:

             (3)  Where an adult cannot satisfy subsection (2), that adult is not entitled to appoint designates under a designation agreement, but that adult, the parents or guardians of that adult, the spouse or cohabiting partner of that adult, or a child of that adult who has reached the age of majority may apply to court for an order appointing the public trustee as the designate of the adult under a designation agreement, and the court may issue that order where it is in the best interests of the adult to do so.

             (2)  Section 3 of the Act is amended by repealing subsection 16(5) and substituting the following:

             (5)  A designation agreement is effective when it is filed with the public trustee, and that filing may be made by facsimile transmission or other electronic means and a copy shall be provided to the bank or financial institution which will hold the RDSP.

             (3)  Section 3 of the Act is amended by deleting in subsections 20(2), (3) and (4) the words "report" and "reports" and substituting the words "statement" and "statements" as the context requires.

             (4)  Section 3 of the Act is amended by adding immediately after section 21 the following:


      22. The Lieutenant-Governor in Council may make regulations

             (a)  respecting procedures and operational processes required to facilitate access to an RDSP;

             (b)  prescribing requirements for the witnessing and execution of designation agreements by adults, including witnessing and execution requirements where an adult is unable to sign;

             (c)  respecting the integration of the provisions of this Act with the operations of banks or financial institutions which will hold RDSPs; and

             (d)  generally, for the purpose and administration of this Act.


        3. This Act comes into force on the date that An Act to Amend the Enduring Powers of Attorney Act, SNL2012 c4, is proclaimed.