2011-c.167 — Guardianship of Children Act

s. 1 — Definitions

The following definitions apply in this Act. R.S.1973, c.G-8, s.1; 2012, c.58, s.1

s. 1 — child

“child” means a child domiciled or resident in the Province. (enfant)

s. 1 — parent

“parent” Repealed: 2012, c.58, s.1

s. 2 — Power of parents to appoint guardian

R.S.1973, c.G-8, s.2

s. 2(1) — Power of parents to appoint guardian

Subject to section 3, the parents of a child are joint guardians of the child and may jointly appoint in writing another person or persons to be guardian or guardians of their child.

s. 2(2) — Power of parents to appoint guardian

An appointment made under subsection (1) may be revoked by either parent and is revoked by an appointment made under section 4, but unless revoked the appointment continues despite the death of either or both parents.

s. 3 — Effect of death of or abandonment by parent

R.S.1973, c.G-8, s.3

s. 3(1) — Effect of death of or abandonment by parent

A parent has no status as a guardian under this Act and no power to appoint a guardian if he or she is living separate and apart from the other parent by reason of divorce or otherwise and has by his or her conduct displayed an intention to abandon the child.

s. 3(2) — Effect of death of or abandonment by parent

If a parent of a child has custody of the child, either in fact or by an order of a court of competent jurisdiction, and the other parent, if any,

s. 3(2)(a) — Effect of death of or abandonment by parent

(a) is deceased, or

s. 3(2)(b) — Effect of death of or abandonment by parent

(b) is deprived of his or her status as a guardian and his or her power to appoint a guardian under this Act by subsection (1),

s. 3(3) — Effect of death of or abandonment by parent

An appointment made under subsection (2) may be revoked at any time and is revoked by an appointment made under section 4, but unless revoked the appointment continues despite the death of the parent.

s. 4 — Testamentary appointment of guardian

R.S.1973, c.G-8, s.4

s. 4(1) — Testamentary appointment of guardian

A parent who, immediately before his or her death, is entitled by virtue of section 2 to appoint a guardian or guardians jointly with the other parent may in his or her Last Will and Testament appoint a guardian to act

s. 4(1)(a) — Testamentary appointment of guardian

(a) jointly with the other parent,

s. 4(1)(b) — Testamentary appointment of guardian

(b) on the death of the other parent, or

s. 4(1)(c) — Testamentary appointment of guardian

(c) jointly with another guardian appointed by the other parent.

s. 4(2) — Testamentary appointment of guardian

Despite section 5, an appointment under subsection (1) shall not affect the paramount right of the surviving parent to the custody of his or her child.

s. 4(3) — Testamentary appointment of guardian

Subject to the right of the other parent to apply for custody, a parent who, immediately before his or her death, is entitled by virtue of section 3 to appoint a guardian or to revoke such an appointment may in his or her Last Will and Testament appoint a person or persons to be guardian or guardians of his or her child.

s. 5 — Rights and duties of guardian

R.S.1973, c.G-8, s.5; 1979, c.41, s.58; 2023, c.17, s.103

s. 5(1) — Rights and duties of guardian

Except as limited by the terms of the appointment, a guardian established or appointed under this Act

s. 5(1)(a) — Rights and duties of guardian

(a) has, subject to an order of custody issued by a court of competent jurisdiction, the right to the custody of the child and to control the child’s education and upbringing, and

s. 5(1)(b) — Rights and duties of guardian

(b) shall exercise care and management of all property belonging to or intended for the use and benefit of the child that is not otherwise held in trust for the child’s benefit, but a guardian established or appointed under this Act has no power to sell, convey or encumber that property except as authorized by The Court of King’s Bench of New Brunswick or any judge of that Court.

s. 5(2) — Rights and duties of guardian

If guardians are to act jointly or a guardian is to act jointly with a surviving parent, the rights and duties conferred by this section shall be shared jointly, subject to the paramount right of the surviving parent to custody of the child.

s. 6 — Displacement of rights and duties of guardian

The rights and duties of a guardian established or appointed under this Act are displaced by the appointment of a guardian under a court order to the extent that the rights and duties of the court appointed guardian conflict with the rights and duties of a guardian established or appointed under this Act. R.S.1973, c.G-8, s.6; 1987, c.6, s.37

s. 7 — Removal of guardian

If a guardian by conduct or otherwise has accepted an appointment as guardian under this Act, the guardian may apply to The Court of King’s Bench of New Brunswick to resign or may be removed in the same manner as a guardian appointed by that Court. R.S.1973, c.G-8, s.7; 1979, c.41, s.58; 2023, c.17, s.103