36 (1) Where any money belonging to a trust is in the hands or under the control of or is vested in a sole trustee or several trustees and it is the desire of the trustee, or of the majority of the trustees, to pay the money into court, the Superior Court of Justice may order the payment into court to be made by the sole trustee, or by the majority of the trustees, without the concurrence of the other or others if the concurrence cannot be obtained.  R.S.O. 1990, c. T.23, s. 36 (1); 2000, c. 26, Sched. A, s. 15 (2). Payment or delivery to Accountant of court (2) Where any such money is deposited with a banker or broker or other depository, the court may order payment thereof to the Accountant of the Superior Court of Justice, and payment made under the order is valid and takes effect as if it had been made on the authority or by the act of all the persons entitled to the money paid. R.S.O. 1990, c. T.23, s. 36 (2); 2000, c. 26, Sched. A, s. 15 (3). Payment into court by persons holding trust money for trustee (3) Where the trustee has been absent from Ontario for a year and is not likely to return at an early date, or in the event of the trustee’s death, or where the trustee in Ontario cannot give an acquittance of the money, any person with whom trust money has been deposited or to whose hands trust money has come may make an application similar to that authorized by subsection (1).  R.S.O. 1990, c. T.23, s. 36 (3). Money found to be due minor, etc., on final passing of accounts to be paid into court (4) Where, on the passing of the final accounts of a personal representative, guardian or trustee by a judge of the Superior Court of Justice, there is found to be in the hands of such personal representative, guardian or trustee any money belonging to a minor or to a mentally incapable person, or to a person whose address is unknown, it is the duty of such personal representative, guardian or trustee to pay the money into the Superior Court of Justice to the credit of the person who is entitled to it.  R.S.O. 1990, c. T.23, s. 36 (4); 1992, c. 32, s. 27 (1); 2000, c. 26, Sched. A, s. 15 (2). Accountant to be furnished with copy of order, etc. (5) A certified copy of the order or report of the judge shall be left with the Accountant when the money is paid in, and the person paying it in is entitled to deduct $5 for costs.  R.S.O. 1990, c. T.23, s. 36 (5). Payment into court of money to which minor or mentally incapable person entitled (6) If a minor or mentally incapable person is entitled to any money, the person by whom the money is payable may pay it into court to the credit of the minor or mentally incapable person.  2000, c. 26, Sched. A, s. 15 (1). Same (6.1) The payment shall be made to the Accountant of the Superior Court of Justice.  2000, c. 26, Sched. A, s. 15 (1). Accompanying affidavit, minor (6.2) If the person entitled to the money is a minor, the person by whom it is payable shall deliver an affidavit containing the following to the Accountant at the time of the payment into court: 1.  A statement that the money is being paid into court under subsection (6). 2.  A statement of the facts entitling the minor to the money. 3.  If the affidavit deals with more than one minor beneficiary’s entitlement, the amount of each individual entitlement. 4.  If the amount being paid into court differs from an amount specified in a document that establishes the minor’s entitlement, an explanation of the difference. 5.  The minor’s date of birth. 6.  The full name and postal address of, i.  the minor, ii.  the minor’s parents, or the parent with lawful custody if it is known that only one parent has lawful custody, iii.  any person, if known, who has lawful custody of the minor but is not his or her parent, and iv.  any guardian of property, if known, appointed under section 47 of the Children’s Law Reform Act.  2000, c. 26, Sched. A, s. 15 (1); 2021, c. 4, Sched. 11, s. 40. Accompanying affidavit, mentally incapable person (6.3) If the person entitled to the money is a mentally incapable person, the person by whom it is payable shall deliver an affidavit containing the following to the Accountant at the time of the payment into court: 1.  A statement that the money is being paid into court under subsection (6). 2.  A statement of the facts entitling the mentally incapable person to the money. 3.  The mentally incapable person’s date of birth. 4.  The full name and postal address of, i.  the mentally incapable person, ii.  the mentally incapable person’s guardian of property, if any, under the Substitute Decisions Act, 1992, iii.  the person, if known, who holds a continuing power of attorney for property for the mentally incapable person.  2000, c. 26, Sched. A, s. 15 (1). Copy of document (6.4) An affidavit under subsection (6.2) or (6.3) shall have attached to it, as a schedule, a copy of any document that establishes, (a)  the person’s entitlement to the money; (b)  the amount to which the person is entitled; (c)  any conditions to be met before the person is entitled to receive the money, including, in the case of a minor, the attainment of a specified age.  2000, c. 26, Sched. A, s. 15 (1). Discharge (6.5) Payment into court in accordance with subsection (6), (6.2) or (6.3), as the case may be, and with subsection (6.4) is a sufficient discharge for the money paid into court.  2000, c. 26, Sched. A, s. 15 (1). Transfer of trust (7) Where a trustee desires to be relieved from the trust, the court may order all property held for the trust to be transferred to the Public Guardian and Trustee.  R.S.O. 1990, c. T.23, s. 36 (7); 1998, c. 18, Sched. B, s. 16 (3). Disposition (8) Money paid into court is subject to the order of the court.  R.S.O. 1990, c. T.23, s. 36 (8). P.G.T. (9) Where, however, the Public Guardian and Trustee is the guardian of property of the person to whom money is due, as mentioned in subsections (4) and (6), the money shall be paid to the Public Guardian and Trustee.  1992, c. 32, s. 27 (3). Section Amendments with date in force (d/m/y) 1992, c. 32, s. 27 (1, 3) - 03/04/1995; 1998, c. 18, Sched. B, s. 16 (3) - 01/07/1999 2000, c. 26, Sched. A, s. 15 (1-3) - 06/12/2000 CTS 30 AU 10 - 1 2021, c. 4, Sched. 11, s. 40 (1, 2) - 19/04/2021 Personal Representatives and Devisees in Trust