Updated May 30, 2014, to reflect deadline extension
The British Columbia government is seeking input on recommendations that could form the basis of a new trustee act.
Designed to replace the current, dated trustee statute, a new trustee act would provide an updated set of comprehensive rules governing the duties and powers of trustees, the administration of trusts and powers of the court to intervene in a trust.
The law of trusts is important in many areas of life and law, such as:
- Wills and estates.
- Protecting the property of children or vulnerable persons.
- The sale and purchase of real property.
- Commercial transactions.
- Managing pension funds.
- Charities and other not for profit purposes.
A new trustee act would be based on the Uniform Trustee Act, developed by the Uniform Law Conference of Canada (ULCC), after the many years of consultation that preceded it.
In 2004, after seven years of study and consultation, the British Columbia Law Institute published a report entitled “A Modern Trustee Act for British Columbia.” Between 2008 and 2012, the ULCC developed a reformed uniform trustee statute to be used in all Canadian common-law jurisdictions (excludes Quebec). Based on the B.C. Law Institute’s report, the ULCC created the Uniform Trustee Act.
Following the consultation, ministry staff will review feedback and begin drafting recommendations for proposed new legislation.
Responses to the report can be submitted by regular mail or email until Sept. 26. 2014.
[The original deadline was July 31, 2014.]
By Email: CPLO_TrusteeAct@gov.bc.ca
By Regular Mail:
Civil Policy and Legislation Office
Justice Services Branch
Ministry of Justice
PO Box 9222, Stn Prov Govt
Victoria, B.C. V8W 9J1
- The Uniform Law Conference of Canada (ULCC), founded almost a century ago, is a national organization focused on harmonizing Canadian civil laws and recommending reforms to Canada’s criminal law. The group is made up of volunteers from each province, territory and the federal government, including public and private sector lawyers, judges, academics and representatives from independent law reform agencies.
- The organization develops “uniform statutes,” or model legal frameworks, helping to create a consistent approach to Canadian civil law. For example, the Uniform Limitations Act was put forward by the ULCC, and formed the basis of corresponding legislation in four jurisdictions, including British Columbia.
About the consultation: http://www.ag.gov.bc.ca/legislation/trustee/index.htm
The Uniform Trustee Act final report:
The Uniform Trustee Act:
The British Columbia Law Institute report:
Ministry of Justice
Government Communications and Public Engagement