Income Trust Governance

Governance of Canadian Public Trusts


Canadian public entities structured as trusts (including income trusts and REITs) do not have uniform provisions in their constating documents (called declarations of trust or "DOTs") relating to investor rights and, in some cases, have inappropriate provisions. As a result, there is inconsistency in the governance provisions of Canadian public trusts, as well as, in some cases, significant gaps in investor protection.

With the assistance of Stephen Erlichman, a senior partner at Fasken Martineau, the CCGG has prepared a draft model declaration of trust provisions which includes, in the view of the CCGG, the most important rights.

Covering Memo and CCGG's Draft Model Declaration of Trust Provisions


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