Section 7 of the Representation Agreement Act (British Columbia) – Standard Provisions

Section 7 of the Representation Agreement Act

for information

(1)  In a representation Agreement made under this section, an Adult may authorize his or her Representative to help the Adult make decisions on behalf of the Adult, about any or all of the following:

(a)          the Adult’s personal care, .and

(b)          routine management of the Adult’s financial affairs, including, subject to the regulations,

(i)            payment of bills

(ii)          receipt and deposit of pension and other income,

(iii)         purchases of food, accommodation and other services necessary for personal care, and

(iv)         the making of investments;

(c)          major health care and minor health care, as defined in the Health Care (Consent) and Care Facility (Admission) Act, but not including the kinds of health care prescribed under section 34 (2) (f) of that Act;

(d)          obtaining legal services for the Adult and instructing counsel to commence proceedings, except divorce proceedings, or to continue, compromise, defend or settle any legal proceedings on the Adult’s behalf.

(2)          An Adult may authorize a Representative under subsection (1) (a) to accept a facility care proposal under the Health Care (Consent) and Care Facility (Admission) Act for the Adult’s admission to a care facility, but only if the facility is

(a)          a family care home,

(b)          a group home for the mentally handicapped, or

(c)          a mental health boarding home.

(2.1)      A Representative may not be authorized under this section

(a)       to help make, or to make on the Adult’s behalf, a decision to refuse health care necessary to preserve life, or

(b)       despite the objection of the Adult, to physically restrain, move or manage the Adult, or authorize another person to do these things.

Section 2 of the Representation Agreement Regulation, B.C. Reg. 199/2001, is repealed and the following substituted:

2.   (1)    For the purposes of section 7(1)(b) of the Act, the following activities constitute “routine management of the Adult’s financial affairs”:

(a)          Paying the adult’s bills

(b)          Receiving the adult’s pension, income and other money;

(c)          Depositing the adult’s pension, income and other money in the adult’s accounts;

(d)          Opening accounts in the adult’s name at financial institutions;

(e)          Withdrawing money from, transferring money between or closing the adult’s accounts;

(f)           Receiving and confirming statements of account, passbooks or notices from a financial institution for the purpose of reconciling the adult’s accounts;

(g)          Signing, endorsing, stopping payment on, negotiating, cashing or otherwise deal with the cheques, bank drafts and other negotiable instruments on the adult’s behalf;

(h)          Renewing or refinancing, on the adult’s behalf, with the same or another lender, a loan, including a mortgage, if

(i) the principal does not exceed the amount outstanding on the loan at the time of the renewal or refinancing, and

(ii) in the case of a mortgage, no new registration is made in the land title office respecting the renewal or refinancing;

(i)            Making payment on the adult’s behalf on a loan, including a mortgage, that

(i)    Exists at the time the representation agreement comes into effect, or

(ii)  Is a renewal or refinancing under paragraph (h) of a loan referred to in that paragraph;

(j)            Taking steps under the Land Tax Deferral Act for deferral of property taxes on the adult’s home;

(k)          Taking steps to obtain benefits or entitlements for the adult, including financial benefits or entitlements

(l)            Purchasing, renewing and cancelling household, motor vehicle or other insurance on the adult’s behalf, other than purchasing a new life insurance policy on the adult’s life;

(m)        Purchasing goods and services for the adult that are consistent with the adult’s means and lifestyle

(n)          Obtaining accommodation for the adult other than by the purchase of real property

(o)          Selling any of the adult’s personal and household effects, including a motor vehicle

(p)          Establishing an RRSP for the adult

(q)          Making contributions to the adults RRSP and RPP;

(r)           Converting the adult’s RRSP to a RRIF or annuity and creating a beneficiary designation in respect of the RRSP or annuity that is consistent with the beneficiary designation made by the adult in respect of the RRSP

(s)          Making, in the manner provided in the Trustee Act, any investments that a trustee is authorized to make under that Act;

(t)            Disposing of the adult’s investments;

(u)          Exercising any voting rights, share options or other rights or options relating to share held by the adult;

(v)          Making donations on the adult’s behalf to registered charities, but only if

(i) this is consistent with the adult’s financial means at the time of the donation and with the adult’s past practices, and

(ii) the total amount donated in any year does not exceed 3% of the adult’s taxable income for that year;

(w)         In relation to income tax,

(i) completing and submitting the adult’s returns,

(ii) dealing, on the adult’s behalf, with assessments, reassessments, additional assessments and all related matters, and

(iii) subject to the Income Tax Act and the Income Tax Act (Canada), signing on the adult’s behalf, all documents, including consents, concerning anything referred to in subparagraphs (i) and (ii)

(x)          Safekeeping the adult’s documents and property;

(y)          Leasing a safety deposit box for the adult, entering the adult’s safety deposit box, removing its contents and surrendering the box;

(z)          Redirecting the adult’s mail:

(aa)       Doing anything that is

(i)    Consequential or incidental to performing an activity described in paragraphs (a) to (aa) and

(ii)  Necessary or advisable to protect the interests and enforce the rights of the adult in relation to any matter arising out of the performance of that activity.

(2)  For greater certainty, the activities that under subsection (1) constitute “routine management of the adult’s financial affairs” do not include any of the following:

(a)          Using or renewing the adult’s credit card or line of credit or obtaining a credit card or line of credit for the adult;

(b)          Subject to subsection (1) (h), instituting on the adult’s behalf new loan, including a mortgage;

(c)          Purchasing or disposing of real property on the adult’s behalf;

(d)          On the adult’s behalf, guaranteeing a loan, posting security or indemnifying a third party;

(e)          Landing the adult’s personal property or, subject to subsection (1) (v), disposing of it by gift;

(f)           On the adult’s behalf, revoking or amending a beneficiary designation or, subject to subsection (1) (r), creating a new beneficiary designation

(g)          Acting, on the adult’s behalf, as director or officer of a company

Section 3 of the Representation Agreement Regulation, B.C. Reg. 199/2001, is repealed and the following substituted:

3. Financial Records of the representatives

(1) This section applies to a representative appointed under a representation agreement made under section 7 of the Act who has authority over an adult’s financial affairs.

(2) A representative must make a reasonable effort to determine the adult’s property and liabilities as of the date on which the representative first exercises authority on the adult’s behalf, and maintain a list of that property and those liabilities.

(3) a representative must keep the following records in relation to the period for which the representative is acting:

(a)       a current list of the adult’s property and liabilities, including an estimate of their value if it is reasonable to do so;

(b)       accounts and other records respecting the exercise of the representative’s authority under the representation agreement;

(c)        all invoices, bank statements and other records necessary to create full accounts respecting the receipt or disbursement, on behalf of the adult, of capital or income.

2 the following section is added:

3.1 Care records of representatives

(1) This section applies to a representative who has authority over an adult’s personal care or health care, as applicable.

(2) Subject to subsection (3), a representative must keep the following records in relation to the period for which the representative is acting:

(a)       except as set out in the representation agreement, a copy of any record made by the adult of the adult’s instructions, wishes, beliefs and values within the meaning of Section 16 of the Act;

(b)       if, since the date the representation agreement was made, the adult’s residence changes or there is a material change in the needs of the adult with respect to personal care or health care, information respecting the nature of the change and the decision made by the representative in respect of it;

(c)        if the representative made on behalf of the adult a decision respecting

(i)   major health care within the meaning of the Health Care (consent) and Care Facility (Admission) Act, or

(ii) the admission of the adult to, or the adult’s continued residence in, a care facility within the meaning of the Health Care (consent) and Care Facility (Admission) Act, a description of the decision made and the date on which it was made;

(d)       if the representative restricts a person from contacting or associating with the adult, information respecting the nature of the restriction and the decision made by the representative in respect of it;

(e)       if the adult was physically restrained, moved or managed, under authority granted under the representation agreement and section 9 (1) (b) (viii) of the Act or another enactment, a description of who physically restrained, moved or managed the adult and why.