CHAPTER 336
OF THE
REVISED STATUTES, 1989
Short title
1 This Act may be cited as the Patients' Abandoned Property Act. R.S., c. 336, s. 1.
(a) "institution" means a hospital to which the Hospitals Act applies, a municipal home, a psychiatric facility under the Involuntary Psychiatric Treatment Act, a nursing home licensed under the Homes for Special Care Act, a boarding home licensed under the Homes for Special Care Act, a maternity home licensed under the Children's Services Act or an institution for the care or treatment of ill, infirm or aged persons that is operated or supported by the Province or by a city, town or municipality;
(b) "patient" includes a person who was cared for or treated in an institution;
(c) "personal property" includes money, securities for money, records, papers and documents;
(d) "superintendent" includes the person in charge of an institution. R.S., c. 336, s. 2; 2005, c. 42, s. 88.
3 (1) Where a patient ceases to be a patient or dies in an institution and leaves personal property in the institution, the operator of the institution has a lien on the property for any amount owing to him by the patient for services rendered to the patient.
(2) If the property left in the institution is not claimed by the patient or if the patient is deceased, not claimed by his personal representative or a person claiming through him, then the superintendent shall deliver the property of the patient to the Public Trustee. R.S., c. 336, s. 3.
4 (1) Before dealing with, or disposing of the property of a patient under this Act, the superintendent of the institution shall by registered post or personal service give to the patient or his next of kin at the address shown on the records of the institution or to the personal representative of the patient notice that he proposes to deal with or dispose of the property pursuant to this Act unless within one month after the posting or service of the notice some person establishes his right to the property.
(2) A notice given under this Section shall contain the name of the patient, a description of the property, the amount, if any, owing to the operator of the institution, and such other information as the superintendent considers advisable.
(3) Where the superintendent gives a notice as required by subsection (1), a copy of that notice shall be given to the Public Trustee as if the Public Trustee were the patient or the next of kin. R.S., c. 336, s. 4.
5 Where the whereabouts of the patient, his next of kin and his personal representative are unknown to the superintendent and after all reasonable inquiries it is found that subsection (1) of Section 4 cannot be complied with, the superintendent, without effecting service of the notice required by that subsection, shall deliver the property of the patient to the Public Trustee to be dealt with by the Public Trustee in accordance with the provisions of the Public Trustee Act. R.S., c. 336, s. 5.
6 Where no person establishes his right to the property of the patient within one month after the posting or service of the notice referred to in subsection (1) of Section 4 then the superintendent shall deliver the property to the Public Trustee to be dealt with by the Public Trustee in accordance with the Public Trustee Act and for the purpose of that Act the patient shall be deemed to be a missing person. R.S., c. 336, s. 6.
