What’s New
IMPORTANT BC LEGISLATIVE UPDATE:
The BC government has been considering introducing legislation to modernize guardianship and personal planning laws. To that end, in May 2006 the government introduced Bill 32, which proposed amendments to the Adult Guardianship Act, the Power of Attorney Act, the Health Care (Consent) and Care Facility (Admission) Act, the Representation Agreement Act and the Public Guardian and The proposed legislation in consolidated form can be found below.
Click here to read the legislative Hansard
(Scroll down to “Standing Order 81.1″, page 4636)
Those proposed amendments did not reach second reading. The BC government then engaged in a short consultation process on some of those proposed changes, including the significant proposed change of introducing non-proxy Advance Directives into law. Some of these changes may be re-introduced in the next legislative session. More to follow.
The CCELS has created consolidations of the May 2006 Bill 32 legislative changes to the:
Adult Guardianship Act
Health Care Consent (Care Facility Admission) Act
Power of Attorney Act
Representation Agreement Act
**NOTE: These consolidations are preliminary and for research or public information purposes only. They must not be relied upon for accuracy. The changes are currently only proposed in the B.C. Legislature and have not been enacted. For a link to the Legislature and to track the progress of Bill 32, where these changes are proposed within, click here.
New changes are being proposed in the legislature to the Residential Tenancy Act which specifically affect the rights of persons in assisted living and supportive living. Implementation of these changes has been deferred in order to allow the regulations to be drafted and to ensure stakeholder input. Click here for more information.
New Power of Attorney CLE with National POA Chart and Survey
This chart compares all provincial powers of attorney legislation across Canada, with a particular focus on the various requirements for creating a power of attorney. It also compares the existence of extra-territorial recognition legislation, attorney accounting requirements, and powers of attorney registries. This chart is a useful resource for powers of attorney research, education, or creation.
CLE paper with appended Chart (Word document)
Powers of Attorney Across the Country
Cross Country Expedition: Probate and Incapacity Planning and Administration Across Provincial Borders. By Nimali D. Gamage, Associate Lawyer at Jan Goddard and Associates.
Recently Released
Study Paper on Predatory Lending Issues in Canada (February 2008)
Study Paper on Viatical Settlements (May 2006)
Report on Unnecessary Requirements for Sworn Statements (March 2006)
Interim Report on Summary Administration of Small Estates (January 2006)
Report on Reverse Mortgages (February 2006)
Please see the Publications page for all releases
Coming Soon
The CCELS Report on Year 2-3
Final Report on Enduring Powers of Attorney: Western Law Reform Consortium (British Columbia, Alberta, Saskatchewan, Manitoba) expected 2007
Aging with Challenges, expected summer 2007
Open for Consultation
Aging with Challenges (please see Aging with Challenges portion of the website)
Funding Opportunities
The Canadian Centre for Elder Law Studies is currently seeking funders for a Report on issues of Viatical and Seniors Settlements. If you or your organization are interested in sponsoring this project, please contact Laura Watts at the information listed below.
A viatical settlement is a transaction in which an insured person with diminished life expectancy transfers the entitlement to receive the death benefit under the policy of insurance to another person. This other person agrees immediately to pay the insured person an amount that is less than the face value of the death benefit and undertakes to pay the premiums for the insurance policy as they come due. The CCELS proposes to pursue the following: thoroughly review the legislation in Canada, the US and applicable Commonwealth jurisdictions; anaylse the proposed new regulations in Ontario; consult stakeholders; consider industry standards and issues surrounding the protection of vulnerable seniors, while respecting seniors’ rights to make independent financial choices.