2011-c.178 — International Trusts Act

s. 1 — Definition of “Convention”

In this Act, “Convention” means the Convention on the Law Applicable to Trusts and on their Recognition set out in Schedule A. 1988, c.I-12.3, s.1

s. 2 — Application

This Act does not apply to conflicts solely between the laws of provinces and territories of Canada. 1988, c.I-12.3, s.2

s. 3 — This Act binds the Crown

This Act binds the Crown. 1988, c.I-12.3, s.3

s. 4 — Convention applies in Province

The Convention applies in the Province. 1988, c.I-12.3, s.4

s. 5 — Construing Article 22 of Convention

Article 22 of the Convention is not to be construed as affecting the law to be applied in relation to anything done or omitted under a trust before March 1, 1993. 1988, c.I-12.3, s.5

s. 6 — Trusts declared by judicial decisions

1988, c.I-12.3, s.6; 2023, c.17, s.122

s. 6(1) — Trusts declared by judicial decisions

The Convention is extended to trusts declared by judicial decisions including constructive trusts and resulting trusts.

s. 6(2) — Trusts declared by judicial decisions

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 a judge of The Court of King’s Bench of New Brunswick is satisfied that there is a substantial reason for refusing to give recognition or effect to the trust or aspect.