Thank you, Mr. Chairman. I am also pleased to present the guardianship and trusteeship bill for your consideration.
The trusteeship provisions of this bill are the ones that I am responsible for, as Minister of Justice. The provisions in this bill regarding trusteeship provide for the appointment of trustees to act on behalf of persons who are not capable of making decisions regarding their finances.
At the present time, there is no legislation which sets out the rules under which trustees may be appointed to represent such persons. It is possible to apply to the court for that authority under the "common law," but that is a confusing process since there are no definite guidelines. This legislation will make it much easier for persons to apply to the court for appointment as the trustee of a family member or close friend.
This bill has been on the drawing board for several years and has undergone numerous changes. Originally, the bill was only intended to deal with guardianship issues, but it was later amended to include provisions with respect to trusteeship, which is the reason that I, as Minister of Justice, am co-sponsoring this bill. The public trustee is within my department and will administer the financial affairs of represented persons when there is no family member or close friend who is able or willing to do so.
As the Premier has mentioned in the context of guardianship, this bill has also been drafted to minimize the intrusiveness of trusteeship and to ensure respect for human dignity. A trustee will only be appointed for a person if the appointment will be of substantial benefit to the person. There will be no appointments made simply because a person is incapable of making financial decisions.
Across the country, there has been increasing pressure to find new ways to deal with abuse, neglect and self-neglect and to develop more options to ensure that there is less intervention and greater self-determination for all Canadians. Within the last two years, the provinces of British Columbia and Ontario have enacted wide-ranging legislation in this area. Their legislation has been considered in the drafting of this bill.
The Standing Committee on Legislation has considered the bill and I believe they found it to be a most progressive piece of legislation. However, there were some recommendations. One of them was that the bill be amended to give preferential consideration to the appointment of family members as guardians and trustees. As Ministers, we agreed with the requested amendment and I will be bringing forward the necessary motions to amend the relevant trusteeship provisions of the bill. Thank you, Mr. Chairman.