Contracts entered into by children and youth under the age of 19

A contract entered into by a child/youth is generally not binding against the child/youth, but is enforceable by the child/youth against an adult party to the contract.

A child/youth who wishes to purchase real property, or a party wishing to contract with a child/youth, including for entertainment or sports, may apply to the court, under the Infants Act, for an order granting the child/youth capacity to enter into the contract. This makes the contract enforceable against the child/youth. Notice of the application must be served on the Public Guardian and Trustee (PGT) no less than 10 days before the date of the hearing of the application.

We review the contract and make written recommendations. We give the comments to legal counsel to provide to the court. In some cases we attend the hearing of the application.

Our review includes:

• The circumstances surrounding the making of the contract
• The nature, subject matter and terms of the contract
• The requirements of the child/youth and their particular circumstances
• The age and means of the child/youth
• The wishes of the parent or guardian

Contractual earnings of children/youth in the entertainment industry

Child/youth actors and entertainers may be very young and earn significant money. Special rules were developed to protect their financial interests. Under the Employment Standards Regulations, a portion of the earnings of children/youth under the age of 15 working in the recorded and live entertainment industry must be paid to the PGT to be held in trust. The entertainment industry is defined as "the film, radio, video or television industry" or "the television and radio commercial industry." For more information, see Part 7.1, Division 2 of the Guide to the Employment Standards Act and Regulation.

How to serve notice of an application to grant capacity to a child/youth on the PGT

Please submit your application and payment online. If you are not able to submit online or run into any difficulties making your submission, please contact us at cyslegal@trustee.bc.ca for assistance.

Fees

The PGT charges a fee of $262.50 ($250.00 plus 5% GST) to examine and respond to an application to grant capacity to a child/youth. All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.

Authorizing the sale of a child/youth’s real property

A parent or guardian wishing to sell real property owned by a child/youth, or in which a child/youth has an interest, must apply to the court under section 2 of the Infants Act.

A copy of the application must be served on the PGT for review, so we can:

• Determine whether the sale is in the best interest of the child/youth, considering the appraised value and proposed selling price
• Provide written recommendations for the court. We will provide our written comments to counsel

In addition to authorizing the sale, the court usually directs that the guardian can execute the necessary property transfer documents on the child/youth’s behalf. The court will also make an order regarding receipt and disbursement of the proceeds of sale.

How to serve notice of an application to sell real property owned by a child/youth on the PGT

Please submit a copy of your application and payment online. If you are not able to submit online or run into any difficulties making your submission, please contact us at cyslegal@trustee.bc.ca for assistance.

Fees

The PGT charges a fee of $262.50 ($250.00 plus 5% GST) to examine and respond to an application to sell real property owned by a child/youth. All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.