Ontario. Office of the Public Trustee

Identity area

Type of entity

Lower-level Ontario government office (type C)

Authorized form of name

Ontario. Office of the Public Trustee

Parallel form(s) of name

    Standardized form(s) of name according to other rules

    • Office of the Public Trustee

    Other form(s) of name

    • Public Trustee's Branch

    Identifiers for corporate bodies

    Description area

    Dates of existence

    1919-1996

    History

    Until the passage of the Ministry of the Attorney General Act (1972) these functions were carried out by the Public Trustee's Branch of the Administration of Justice Division. In 1973 it was merged with the Office of the Public Trustee as part of the new ministry. A year later it became a separate branch of the Crown Law Office, but in 1975 the Office of the Public Trustee was moved to Common Legal Services, later renamed the Crown Law Office - Civil.

    In 1979, the Public Trustee's Branch (along with the Official Guardian's Branch and the Common Legal Services Branch) was moved to the Civil Law Division, which was established in 1977 after the civil and criminal responsibilities of the Crown Law Office were divided.

    The Office of the Public Trustee remained in the Civil Law Division until 1997, when the Division was abolished. At this point, the Office of the Public Trustee became the Office of the Public Guardian & Trustee in the newly created Social Justice Services Division.

    Places

    Legal status

    Functions, occupations and activities

    The Office of the Public Trustee was responsible for the administration of assets for a broad spectrum of the population, including: those individuals considered incompetent to manage their financial affairs under the terms of the Mental Health Act and the Developmental Services Act; under the Crown Administration of Estates Act, the intestate estates of persons without living adult heirs residing in the province; to act as trustee under federal and provincial legislation including the Family Benefits Act; and to ensure compliance with the Charities Accounting Act and Charitable Gifts Act in the administration of charitable trusts. The Office was also responsible for the administration of assets forfeited to the Crown and the funds deposited for the perpetual care of cemetery plots. The Public Trustee was also empowered to make inquiries concerning real estate that had escheated (i.e., land whose ownership had defaulted back to the Crown), or in which the Crown in right of Ontario may have been interested.

    The Public Trustee also acted as a last resort substitute decision maker for all medical or dental treatment prescribed for patients who were unable to consent to such treatment by reason of mental incapacity as defined under the Public Hospitals Act. The Office also served as litigation guardian to persons involved in court proceedings who, by reason of incompetency, were unable to instruct their counsel.

    The Public Trustee had a variety of duties relating to financial matters, and was required to have legal training.

    Address

    Mental Health Act

    Developmental Services Act

    Crown Administration of the Estates Act

    Family Benefits Act

    Charities Accounting Act

    Charitable Gifts Act

    Internal structures/genealogy

    General context

    Relationships area

    Related entity

    Ontario. Dept. of the Attorney General (1791-1969)

    Identifier of related entity

    AA28

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Dept. of the Attorney General controls Ontario. Office of the Public Trustee

    Dates of relationship

    1919-1969

    Description of relationship

    Related entity

    Ontario. Dept. of Justice (1969-1972)

    Identifier of related entity

    AA73

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Dept. of Justice controls Ontario. Office of the Public Trustee

    Dates of relationship

    1969-1972

    Description of relationship

    Related entity

    Ontario. Ministry of the Attorney General (1972-)

    Identifier of related entity

    AA72

    Category of relationship

    hierarchical

    Type of relationship

    Ontario. Ministry of the Attorney General controls Ontario. Office of the Public Trustee

    Dates of relationship

    1972-1996

    Description of relationship

    Related entity

    Ontario. Office of the Public Guardian & Trustee (1996-)

    Identifier of related entity

    CA2118

    Category of relationship

    temporal

    Type of relationship

    Ontario. Office of the Public Guardian & Trustee is the successor of Ontario. Office of the Public Trustee

    Dates of relationship

    Description of relationship

    Access points area

    Subject access points

    Place access points

    Epithet

    Control area

    Authority record identifier

    CA2117

    Institution identifier

    Rules and/or conventions used

    Status

    Approved

    Level of detail

    Dates of creation, revision and deletion

    2026-11-16: migrated to AtoM

    Language(s)

      Script(s)

        Sources

        Inventory 4 (Intro)

        MAG-14 schedule and ADF

        Ministry of the Attorney General annual reports

        Government of Ontario telephone directories, 1975-1997

        KWIK Indexes, 1993-1997

        Maintenance notes

        Archivist(s):
        Coulter