You might have concerns about a Representation Agreement (RA) — maybe about how it was made or how it’s being used. The law has rules to protect people in these situations.
Safeguards When Making Section 7 Representation Agreements (RA7)
The Representation Agreement Act (RA Act) includes special protections for RA7s (generally made by adults who have cognitive difficulties and whose ability to ‘understand’ is in question).
The broader definition of capability in the RA7 approach made some parties concerned about the potential for abuse, so the law includes built-in safeguards to help prevent abuse. These are checks and balances that make it harder for someone to misuse an RA7, especially for routine management of financial affairs.
You can learn more about these safeguards in our fact sheet on the subject. It is also important to read about the RA7 approach to capability here.
Making a Complaint (Objection) – Section 30 of the RA Act
If you have concerns, you can make a formal complaint (called an objection) to the BC Public Guardian and Trustee (PGT) under section 30 of the RA Act. This process asks for a review or fix if something has gone wrong.
In a recent case, the court confirmed that, except in very exceptional situations, people must first use this section 30 complaint process before going to court. In that case, the court refused to step in because the person hadn’t used the section 30 process first.
Who Can Make an Objection (Complaint) and Why?
Anyone who thinks something is wrong can report their concerns to the PGT under section 30 by making an “objection”. Reasons for an objection that are mentioned in the RA Act include:
- the adult was not capable* of making or changing the RA at the time it was made or changed;
- there was fraud, undue pressure, abuse, or neglect involved;
- the representative is acting against the adult’s current wishes, values, beliefs or best interests;**
- the agreement was not made or signed properly; or
- the representative is not following a representative’s legal duties.
The PGT can also start an investigation on its own if it believes something is wrong, including any of the above.
*Note: the RA7 and Section 9 Representation Agreement (RA9) have different approaches to capability. Read about the RA7 approach here.
**Note: The first legal duty of a representative is to follow the adult’s wishes and values. Representatives only act based on the adult’s best interests if their beliefs and values are not known. Read the ‘Role of a Representative’ fact sheet here.
What Happens After an Objection (Complaint) Is Made?
Once the PGT receives an objection (complaint), it reviews it. This is handled by their Assessment and Investigation Services team. They assume the adult was capable when the agreement was made unless there’s clear evidence they weren’t.
After review, the PGT has many options – it may take any action including:
- start an investigation;
- go to court to:
- confirm a change or cancellation to the RA made by the adult,
- cancel all or part of the RA,
- fix problems with how the RA was signed, or
- appoint a monitor, or
- recommend someone else go to court.
Before doing anything major, such as beginning an investigation or a court application, the PGT tries the least intrusive options that are appropriate and effective for the adult. The PGT will work with the representative to correct problems and to make sure they understand their role and authority. It may also refer the issue to a designated agency (like a health authority) better able to assist.
When Will the PGT Step In?
The PGT is hesitant about stepping into adult’s privately made arrangements like RAs. It usually only investigates if:
- the adult may be unable to help themselves;
- there is specific, urgent or immediate need; and
- there is no other suitable person who has the authority or is willing to act on the adult’s behalf.
That said, if the PGT does open an investigation, it has strong powers. It can compel the representative or others (e.g. banks, hospitals, etc.) to disclose documents and answer questions. But investigations can take time — sometimes over six months. The PGT has protective powers it can exercise if there is urgent risk present in the meantime.
Section 30 of the RA Act helps protect vulnerable adults by giving the PGT the power to review Representation Agreements and hold representatives accountable. In addition, the courts have indicated this section 30 process should be followed before they will get involved in an RA arrangement.
Need to make an Objection?
If you think a Representation Agreement is being misused, you can contact the BC Public Guardian and Trustee (PGT) at the coordinates below:
📞 Phone: 604-660-4507
📧 Email: AIS-PDS@trustee.bc.ca