The Uniform Law Conference of Canada (ULCC) produced the Uniform Trustee Act, 2012 and recommended that it be adopted by the common law provinces. ALRI participated in that process. As the ULCC noted, the two main purposes of trustee legislation are:
- Establish the authority needed to properly administer trusts in situations where the authority has not been adequately described in the document which creates a trust; and
- Describe the court’s power to direct trustees and otherwise intervene if necessary to ensure that a trust functions properly.
The primary benefit of the Uniform Trustee Act, according to the ULCC, is that it updates trustee legislation so that it continues to fulfill these purposes in a way that is consistent with how modern trusts operate.
A copy of the Uniform Trustee Act, 2012 can be downloaded from the ULCC website here.
On February 28, 2017, the Alberta Law Reform Institute published Final Report 109 – A New Trustee Act for Alberta. The Final Report is based in part on the Uniform Law Conference of Canada’s Uniform Trustee Act, 2012. ALRI reviewed the Uniform Act and shaped it to reflect Alberta’s law and practice through many years of work within ALRI, as well as extensive consultation and contribution from numerous trusts law experts throughout Alberta and other parts of Canada.