The Alberta Law Reform Institute issued its final report A New Trustee Act for Alberta today (March 1, 2017) outlining its recommendations for the enactment of new trust legislation. The Report recommends that the province adopt the Uniform Trustee Act (2012) prepared by the Uniform Law Conference of Canada (ULCC) with some modifications to address current best practices and Alberta’s existing trust law.
Alberta isn’t the only province where reform of trust law is being considered. British Columbia has also considered adopting new trust legislation. In 2004, the British Columbia Law Institute (BCLI) issued its own final report A Modern Trustee Act for British Columbia. This report, largely served as the starting point for the ULCC’s Uniform Trustee Act (2012). UVic Professor Emeritus Donovan Waters, QC was heavily involved in the preparation of both documents. In 2014 the government of British Columbia sought public comments on the Uniform Trustee Act and the BCLI final report to inform a possible new Trustee Act for the province.
So far, New Brunswick is the only Canadian province that has reformed its trust legislation based on the Uniform Trustee Act (2012). In June 2016, the Trustees Act, SNB 2015, c 21 came into force.
Check out the following items in the Law Library’s collection for more information about the reform of the law of trusts in Canada:
- A modern Trustee Act for British Columbia : a report prepared for the British Columbia Law Institute. Call Number: KEB168 A72B74 and Online.
- Uniform Trustee Act : final report of the Uniform Trustee Act Working Group. Online.
- Waters’ Law of Trusts in Canada 4th ed. / Donovan W.M. Waters, Mark R. Gillen, and Lionel D. Smith. Call Number: KE787 W38 2012.
- Oosterhoff, Albert H., “Trust Law Reform: The Uniform Trustee Act” (2015) 34:3 Estates, Trusts & Pensions Journal 329. Call Number: K5 S7292.
- A New Trustee Act for Alberta – Alberta Law Reform Institute. Online.