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Legislation and Policy
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Welcome to the Legislation and Policy Page of the Ministry
of Attorney General. This page contains information
on consultations that may lead to future legislation
or changes in policy.
To find the status of any Bills placed before the Legislative
Assembly during the current session, please select the
link "Documents and Proceedings" from the
Legislative Assembly of British Columbia web
site.
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Trustee Act
The Civil and Family Law Policy Office of the Ministry
of Attorney General invites your comments on reform
of the Trustee Act.
The legal concept of a trust affects the life of almost
every British Columbian. Trust principles are commonly
in play when an employee pays into a pension fund, when
a person makes a will that is anything other than the
simplest kind, and in a sale of land pending actual
transfer into the purchaser's name. These are only a
very few examples. At the root of the trust concept
is the idea that segregated property is held by one
or more persons (trustees) for the benefit of one or
more others (beneficiaries).
The current Trustee Act has become outdated. It was
developed at a time when the principal purpose of trusts
was the protection of fixed assets rather than the active
investments of capital. In 2004 the British Columbia
Law Institute (BCLI) issued a report entitled "A
Modern Trustee Act for British Columbia" which
represents the work of representatives of the practicing
Bar, the professional fiduciary section (e.g. trust
companies), and the legal academic community. The Ministry
of Attorney General is reviewing this report and considering
the BCLI recommendations.
For more information see the following BCLI report:
Comments are invited until February 11, 2007
– Send Us Feedback.
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Wills, Estates and Succession
Law
The Civil and Family Law Policy Office of the Ministry
of Attorney General invites your comments on Wills,
Estates and Succession Law reform.
A number of statutes govern the laws of wills, estates
and succession. These laws determine a number of procedural
and substantive rights including the formal requirements
to make a will, procedures for probate of a will and
administration of an estate, the circumstances under
which a will can be challenged or varied, and how assets
are distributed where an individual dies without a will.
This area of law has been characterized as outdated
and archaic. As a result, the Ministry of Attorney General
approached the British Columbia Law Institute (BCLI)
to initiate the Succession Law Reform Project in 2003
to consolidate and modernize the statutory and common
law dealing with the distribution of property of a deceased
person.
The Project was conducted with the aid of a large group
of volunteers drawn from the practising wills and estates
Bar, the Society of Notaries Public of British Columbia,
and legal academics with expertise in the law of succession.
Their work has culminated in the attached Final Report,
which contains draft reform legislation and commentary.
The Ministry of Attorney General is reviewing this report
and considering the BCLI recommendations.
For more information see the following BCLI report:
For more information regarding smaller estates (estates
under $50,000) described in Part One, Section V of the
report and Part 6, Division 10 of the proposed Wills,
Estates and Succession Act, see the following BCLI interim
report:
Comments are invited until February 11, 2007
– Send Us Feedback.
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Advance Directive Legislation
- Consultation on Bill 32
Bill 32, the Adult Guardianship and Personal Planning
Statutes Amendment Act, was introduced in the legislature
on April 27, 2006. Bill 32 would amend the legislation
providing for adult guardianship and for incapacity
planning instruments (enduring powers of attorney, representation
agreements, and advance directives).
The purpose of Bill 32 is to strengthen these personal
planning instruments, and to ensure that those British
Columbians who do not choose to plan, or whose plans
fail, can be well served under modern guardianship law.
On May 10, 2006, government announced that Bill 32
would not proceed in the Spring 2006 legislative session
to allow further review and consultation relating to
the advance directive provisions. See "Consultation
on Advance Directive Legislation" [PDF] to
review and comment on changes proposed to the advance
directive provisions of Bill 32.
We also provide a list of Web
sites related to personal planning instruments. Links
to external web sites are provided for your convenience
only. The Ministry of Attorney General does not endorse
them and is not responsible for their content.
Comments are invited until December 8, 2006.
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Representative for Children
and Youth Act
The Child and Youth Transition Team, chaired by Allan
Seckel, Deputy Attorney General, invites your comments
on the new Representative
for Children and Youth Act.
The new Act was passed during the recent sitting of
the Legislative Assembly in response to the recommendations
in the Hughes review of services for children and youth
in British Columbia. Given the timing of Mr. Hughes'
report and the government's commitment to an early response
to the report, it was not possible to engage in the
advance consultation which normally accompanies legislation
of this kind.
However, a key component in the mandate of the transition
team is to invite interested agencies and individuals
to make written submissions on the new Act. These submissions
will guide government's planning work as the transition
team prepares for the appointment of the new Representative
for Children and Youth and recommends a number of amendments
to the new Act for consideration in an upcoming session
of the Legislature.
This consultation ended September 30, 2006.
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Civil Liability Regime for
Secondary Market Disclosure
Investor protection is of primary importance in the
securities industry across Canada. For this reason,
the British Columbia government is currently seeking
public input to a proposal to bring forward legislation
to better protect investors who purchase securities
in the secondary market. [more][PDF]
This consultation ended July 19, 2006.
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