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  • 47.1 [Repealed 2007-34-88], effective September 1, 2011 (B.C. Reg. 14/2011).]

Representation agreement

  • 47.1 (1) This Part and section 51 apply to an instrument executed by a representative under a representation agreement made under section 9 of the Representation Agreement Act as though the representation agreement were an enduring power of attorney.
  • (2) For the purposes of subsection (1), the following references in this Part and in section 51 are to be read as follows:
    • (a) a reference to a power of attorney or to an enduring power of attorney as a reference to a representation agreement;
    • (b) a reference to an attorney as a reference to a representative;
    • (c) a reference to the Power of Attorney Act or to a provision of that Act as a reference to the Representation Agreement Act or to the corresponding provision of that Act, as the case may be.
  • (3) In addition to certifying the matters set out in section 45(1) or 46(1), as applied by this section, the signature of the officer witnessing the execution of an instrument by a representative is a certification by the officer that the representative appeared before and acknowledged to the officer that
    • (a) the authority conferred by the representation agreement is not suspended under section 12(8) of the Representation Agreement Act,
    • (b) no provision of the representation agreement is cancelled under section 28 of the Representation Agreement Act,
    • (c) the representation agreement has not ended for any of the reasons set out in section 29 of the Representation Agreement Act,
    • (d) no provision of the representation agreement affecting property is suspended or cancelled under section 19.1 of the Patients Property Act, and
    • (e) any changes to the representation agreement affecting the authority given to a representative under section 9(1)(g) of the Representation Agreement Act have been filed with the registrar under this Act or a copy, certified under section 51(4) as applied by section 51(4.1) of this Act to be a true copy of those changes, has been so filed.

1999-25-19, effective February 27, 2000 (B.C. Reg. 12/2000); 2001-2-17, effective September 1, 2001 (B.C. Reg. 99/2001).