BC Factors Affecting Contracts Minors PDF

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Minors A minor is defined in section 4 of the Age of Majority Act as a person who has not reached the age of majority. In 1970, the age of majority in British Columbia was lowered from 21 years of age to The age of majority applies to all provincial acts and regulations, as well as any rule of law that refers to a minor or any other similar term that may be used, such as infant. Many of the rights pertaining to minors in British Columbia are contained in the Infants Act. Part 3 of the Act stipulates a minor’s capacity to enter into contracts. Under section 19, Unlike other provinces in Canada that make contracts for necessaries (food, shelter, clothing) enforceable against a minor, there is no similar provision under British Columbia’s legislation. In fact, minors are conspicuously absent from section 7 of the Sale of Goods Act, which makes mentally incompetent persons and drunken persons liable for the cost of necessaries. As such, • • •

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• An example of a contract that is enforceable against a minor is a contract for the rental of a residential premise. Section 3 of the Residential Tenancy Act expressly extends its coverage to minors by allowing a minor to enter into a residential tenancy and allowing the contract to be “enforceable by and against the person despite section 19 of the Infants Act.”

The court is able to make such an order only if it is convinced that the contract is for the minor’s benefit and the application has been reviewed by the minor’s guardian and the Public Guardian and Trustee (the PGT). The PGT will review the contract and assess whether or not the contract is in the minor’s best interest by considering

and distinguish between children under the age of 12 years old that require the permission of the Director of Employment Standards and children under 15 years old that merely require the permission of a parent or a guardian (section 9).

Pursuant to section 2 of the Infants Act, minors that wish to sell land that they own must receive the approval of the court after a review by the PGT to ensure it is in the minor’s best interest. With respect to limitation periods, section 7 of the Limitation Act states that the limitation period does not begin to run until the minor is no longer under a disability, meaning until the minor turns 19 years of age. However, a notice to proceed may be filed by a potential defendant to an action with the minor’s guardian and the PGT, which starts the limitation clock running from the date of service.

Legislation Age of Majority Act, RSBC 1996, c. 7 http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96007_01 Employment Standards Act, RSBC 1996, c. 113 http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96113_01 Employment Standards Act, Reg. 396/95 – Employment Standards Regulation http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/11_396_95 Human Rights Code, RSBC 1996, c. 210 http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96210_01 Infants Act, RSBC 1996, c. 223 http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96223_01 Limitation Act, SBC 2012, c. 13 http://www.bclaws.ca/civix/document/id/complete/statreg/12013_01 Residential Tenancy Act, SBC 2002, c. 78 http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01 Sale of Goods Act, RSBC 1996, c. 410 http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96410_01

Extra Resources Public Guardian and Trustee of British Columbia, Child and Youth Guardianship Services http://www.trustee.bc.ca/reports-andpublications/Documents/Child%20and%20Youth%20Guardianship%20Services%2020142015%20Report.pdf

Related Topics Children in Employment Limitation Periods Litigation Guardian Public Guardian and Trustee...