3(1)This Act applies if the law governing the trust as determined under this Act is that of a province or territory of Canada and if the International Trusts Act does not apply to the trust.

3(2)This Act applies to trusts arising before March 1, 1991, as well as to trusts arising on or after March 1, 1991, but 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, 1991.

3(3)This Act does not apply to preliminary issues relating to the validity of instruments or acts by which trusts are created.

3(4)This Act does not apply to the extent that the law governing the trust as determined under this Act does not provide for the type of trust involved.

5(1)A trust is governed by the law chosen by the settlor, which choice may be express or implied.

5(2)If the law chosen by the settlor to govern the trust does not provide for the type of trust involved, the choice is not effective and the trust is governed by the law with which it is most closely connected.

5(3)If the settlor has not chosen the law to govern the trust, the trust is governed by the law with which it is most closely connected.

5(4)In ascertaining the law with which a trust is most closely connected, reference shall be made in particular to

6(1)Severable aspects of a trust, including the validity of a trust, the construction of a trust, the administration of a trust, and different assets subject to a trust, may be governed by different laws determined in accordance with section 5.

6(2)The law governing the validity of a trust determines whether the question to be resolved is one of validity, construction or administration.

9(1)Nothing in this Act is to be construed as requiring that recognition or effect be given to a trust or a severable aspect of a trust if the significant elements of the trust or aspect, other than the settlor’s choice of law, are most closely connected with a jurisdiction the law of which does not provide for the type of trust or aspect involved.

9(2)Nothing in this Act is to be construed as requiring that recognition or effect be given to a trust or a severable aspect of a trust if the giving of recognition or effect would be contrary to the public policy of the Province or would contravene a fundamental principle of the law of a jurisdiction having a stronger policy interest in the matter than has any other jurisdiction.

9(3)Nothing in this Act is to be construed as requiring that recognition or effect be given to a trust that exists only by virtue of a judicial declaration in another jurisdiction, or to 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.

9(4)Nothing in this Act is to be construed as requiring that recognition or effect be given to a trust imposed by statute in another jurisdiction, or to 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.