International Recognition of Trusts Act, 2017

Bills that amended this Act0

No published amendment links yet for this Act.

Sections7

• 1Interpretation

  1 The word “fiducie” used in the French version of this Act has the same meaning as the word “trust” used in the French version of the Convention referred to in subsection 2 (1).

• 2Application of Convention

  2 (1) The Convention on the Law Applicable to Trusts and on their Recognition, done at The Hague on July 1, 1985 and set out in Schedule 1, has force of law in Ontario on and after the day it enters into force in accordance with Articles 29 and 30 of the Convention. Application of Act (2) This Act does not apply to conflicts solely between the laws of the provinces and territories of Canada.

• 3Extension of Convention

  3 (1) The Convention is extended to trusts declared by judicial decisions including constructive trusts and resulting trusts. Interpretation, refusal to give recognition or effect (2) Nothing in this Act is to be construed as requiring that recognition or effect be given to a trust declared by judicial decision in another state or a severable aspect of such a trust, if the Superior Court of Justice is satisfied that there is a substantial reason for refusing to give recognition or effect to the trust or aspect.

• 4Crown bound

  4 This Act binds the Crown.

• 5

  5 Omitted (provides for coming into force of provisions of this Act).

• 6

  6 Omitted (enacts short title of this Act).

• [s6]

  schedule 1 CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION The States signatory to the present Convention, Considering that the trust, as developed in courts of equity in common law jurisdictions and adopted with some modifications in other jurisdictions, is a unique legal institution, Desiring to establish common provisions on the law applicable to trusts and to deal with the most important issues concerning the recognition of trusts, Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions – CHAPTER I SCOPE Article 1 This Convention specifies the law applicable to trusts and governs their recognition. Article 2 For the purposes of this Convention, the term “trust” refers to the legal relationships created – inter vivos or on death – by a person, the settlor, when assets have been placed under the control of a trustee for t…