[{"id":"a1278c5f-08b5-4878-9240-6b6af80daf8f","order":10,"text":"TRUST DEED","fontSize":"22","textAlign":"center","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"825774ab-744d-4f95-892e-0db23f7549d3","order":20,"text":"The [Family name] Family Trust","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"530dd4d5-e031-44d1-849c-0246ee977f92","order":30,"text":"THIS TRUST DEED is made as of [Date of settlement].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"1e98cfe0-93af-4f6c-ad71-01308da1f282","order":40,"text":"BETWEEN:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7c87616a-fcd4-4996-9ffa-07e071954951","order":50,"text":"[Full name of the Settlor], of [Residential address of the Settlor] (the "Settlor")","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6f07b46b-67f8-45f8-ae8b-f61f6933887e","order":60,"text":"AND:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5c9a20ba-2973-4b95-a2df-630b33013daf","order":70,"text":"[Full name of Trustee No. 1], of [Residential address of Trustee No. 1], as trustee","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"95c5cb7b-83af-40bc-88fc-784b7dc83a1b","order":80,"text":"[Full name of Trustee No. 2], of [Residential address of Trustee No. 2], as trustee","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"ef6bf618-3f9b-4f2f-afce-14b490697ac5","value":"2","type":"add","operator":"="},{"field":"ef6bf618-3f9b-4f2f-afce-14b490697ac5","value":"3","type":"add","operator":"="}]},{"id":"a81e1bfa-b9ba-4201-989b-86207092a729","order":90,"text":"[Full name of Trustee No. 3], of [Residential address of Trustee No. 3], as trustee","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"ef6bf618-3f9b-4f2f-afce-14b490697ac5","value":"3","type":"add","operator":"="}]},{"id":"c1084323-ee14-4a9c-8ea3-e5fafa90f4a6","order":100,"text":"(the trustee or trustees named above, together with any additional or successor trustee for the time being of the Trust, collectively the "Trustees")","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"a0479314-a65b-4033-9f4c-d4d0ad4892e2","order":110,"text":"RECITALS:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"56a80f16-b634-4df0-9f13-1722dd92ec02","order":120,"text":"A. The Settlor wishes to establish an irrevocable inter vivos trust for the benefit of the Beneficiaries described in this Deed, in order to protect family assets and to provide for their orderly devolution from generation to generation;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0a4f96db-3fb7-496a-9bb7-0c9042da3fb5","order":130,"text":"B. The Settlor has this day transferred and delivered to the Trustees the property described in Schedule "A" to this Deed (the "Settled Property"), the receipt of which the Trustees acknowledge; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bb200da7-071f-4db0-8adb-067d1bde07ec","order":140,"text":"C. The Trustees have agreed to hold the Settled Property, and all other property that may hereafter be added to it, upon the trusts and subject to the powers and provisions set out in this Deed; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"02a8c527-86c9-4075-b0bb-140a7a3a8eb6","order":150,"text":"D. The Settlor is not, and shall not at any time become, a Beneficiary or a Trustee of the Trust, and no property of the Trust may at any time revert to the Settlor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"01c49709-5fbb-4c2d-9b35-51e038800d9c","order":160,"text":"NOW THEREFORE THIS DEED WITNESSES that the parties agree and declare as follows:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"066b7cc1-7854-4b8c-b60a-657b3760ebdd","order":170,"text":"1. DEFINITIONS AND INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S01"},{"id":"cc71ce3f-1b0b-49cd-938f-41e93a0a2ab9","order":180,"text":"In this Deed, unless the context otherwise requires: "Applicable Province" means the province referred to in the Article entitled "Governing Law, Residence and Place of Administration"; "Beneficiaries" means the persons described in the Article entitled "The Beneficiaries", and "Beneficiary" means any one of them; "Contributor" means any person, other than the Settlor, who transfers or lends property to the Trust; "Division Date" means the earlier of (i) the day immediately preceding the twenty-first (21st) anniversary of the date of this Deed and (ii) such earlier date as the Trustees may designate in writing as the Division Date; "Income Tax Act" means the Income Tax Act (Canada), R.S.C. 1985, c. 1 (5th Supplement), together with the regulations made under it, as amended from time to time; "person under disability" means a person who is a minor or who is incapable of managing his or her property; "Spouse" means, in relation to an individual, a person who is married to that individual or who is that individual's common-law partner within the meaning of subsection 248(1) of the Income Tax Act; "Trust" means the trust created by this Deed; "Trust Fund" means the Settled Property, all property added to the Trust from time to time, all income accumulated and added to capital and all property from time to time substituted for any of the foregoing; and "Trustees" means the trustee or trustees for the time being of the Trust, whether original, additional or successor, and whether one or more.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"781b8a62-eabe-4931-9f72-ac14977118aa","order":190,"text":"In this Deed: words importing the singular include the plural and vice versa; words importing any gender include all genders; a reference to a statute includes any statute or regulation that amends, supplements or replaces it and any successor provision; a reference to an Article is a reference to an Article of this Deed identified by its title and not by its number; all amounts are expressed in Canadian dollars; and headings are inserted for convenience of reference only and do not affect the interpretation of this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2cb250ff-dc7e-4099-85be-37433706ba90","order":200,"text":"References to a child of a person include a person legally adopted by that person and a person who is the child of that person under the applicable provincial legislation relating to parentage, including children conceived by means of assisted reproduction, but do not include a stepchild who has not been legally adopted; references to issue include children, grandchildren and remoter descendants determined on the same basis; and a division per stirpes means a division by roots of descent, the issue of a deceased person taking in equal shares the share that person would have taken if living.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"525229d5-4bb2-4245-86c3-bc3b0c336663","order":210,"text":"For the purposes of the vesting and division of the Trust Fund on the Division Date, and of any gift over or substitutional gift under this Deed, a person is treated as living at a particular time only if that person survives that time by thirty (30) clear days, and a person who does not do so is treated as having died before that time; this rule does not apply to the exercise of a discretion to pay or apply income or capital before the Division Date, and no payment properly made before the death of a Beneficiary is affected by it. Anything required to be in writing may be recorded and signed by electronic means, and a document so signed is as valid and binding as one signed by hand.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5fc68f65-b7a0-4ba0-9358-e390fdca33b0","order":220,"text":"2. SETTLEMENT AND DECLARATION OF TRUST","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S02"},{"id":"f53d0dfa-fb08-47dc-b2af-f25d0b1550d5","order":230,"text":"The Settlor hereby irrevocably transfers, assigns and delivers to the Trustees the sum of $[Amount] in lawful money of Canada, to be held by the Trustees upon the trusts and subject to the powers and provisions set out in this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"719cc37c-dd31-42f4-9bc0-76ccf92d0e9d","value":"cash","type":"add","operator":"="}]},{"id":"ca7ae898-7e59-4ded-b141-4e44d0545670","order":240,"text":"The Settlor hereby irrevocably transfers, assigns and delivers to the Trustees one (1) silver coin, to be held by the Trustees upon the trusts and subject to the powers and provisions set out in this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"719cc37c-dd31-42f4-9bc0-76ccf92d0e9d","value":"silver","type":"add","operator":"="}]},{"id":"4fb798ef-e092-44c8-b60e-56e68c31d51f","order":250,"text":"The Settlor hereby irrevocably transfers, assigns and delivers to the Trustees one (1) gold coin, to be held by the Trustees upon the trusts and subject to the powers and provisions set out in this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"719cc37c-dd31-42f4-9bc0-76ccf92d0e9d","value":"gold","type":"add","operator":"="}]},{"id":"d75faf61-c397-4ef4-aaa7-cb2d9581f142","order":260,"text":"The Trustees acknowledge receipt of the Settled Property and declare that they hold and will hold the Trust Fund, together with all income arising from it, in trust for the benefit of the Beneficiaries, upon the trusts and with and subject to the powers and provisions set out in this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"aa8a75b6-fc3c-47f2-957f-329e83e37dcc","order":270,"text":"The Trustees may at any time and from time to time accept additional property, by gift, will, transfer or otherwise, from any person, and any property so accepted shall form part of the Trust Fund; provided that no property shall be accepted upon terms that would permit it, or property substituted for it, to revert to the person from whom it was received, that would permit it to pass to persons to be determined by that person after the transfer, or that would reserve to that person any power of direction or control over its disposition, and the Trustees shall not accept property from any person where, in their opinion, to do so would cause subsection 75(2) of the Income Tax Act to apply to the Trust.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"545b2980-85e9-4f09-91b4-5c0de1e98eaf","order":280,"text":"The Trustees shall keep separate records of property received from each Contributor and of the income derived from that property, and shall make such allocations, designations and elections as they consider necessary or advisable having regard to sections 74.1 to 74.5, subsection 75(2) and section 120.4 of the Income Tax Act. No Contributor shall, by reason of a transfer of property to the Trust, acquire any interest in the Trust Fund or any power over its administration or disposition.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"198b7cce-fa4c-4960-b155-e928f631621b","order":290,"text":"3. NAME OF THE TRUST","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S03"},{"id":"030fb24f-cb9e-467c-ba4f-b8e70be4ea7f","order":300,"text":"The trust created by this Deed shall be known as "The [Family name] Family Trust", and the Trust Fund may be held, invested, registered and dealt with under that name or under the names of the Trustees as trustees of the Trust. The Trustees may, by written instrument, adopt a different designation for the Trust where they consider it necessary or advisable, and no such change shall affect the validity or continuity of the Trust or of any act done before or after the change.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"443de7aa-6183-43ee-913e-81ad427f96f7","order":310,"text":"4. IRREVOCABILITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S04"},{"id":"0e7d37c4-34a9-47c2-a469-8520a035bb6d","order":320,"text":"The Trust is and shall be irrevocable. The Settlor has divested himself or herself absolutely of the Settled Property and shall have no right, title or interest in, and no power to revoke, vary, direct or control, the Trust, the Trust Fund or any income of the Trust Fund.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"36bfe473-dbef-4c5c-b05f-fdf7c244cd21","order":330,"text":"For greater certainty, no power of revocation, of appointment in favour of the Settlor, of substitution of property or of direction over the Trust Fund is reserved to any person, and no resulting trust in favour of the Settlor arises or shall be capable of arising under this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d77ddd92-7de7-4b21-aa95-632530b9d982","order":340,"text":"5. THE BENEFICIARIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S05"},{"id":"2a327317-0ec2-4087-8fab-45ddc9d0bbf3","order":350,"text":"The beneficiaries of the Trust (the "Beneficiaries") are the following persons:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f86cace8-597b-4223-b21d-d694f2e6f7aa","order":360,"text":"— [Name] personally;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"4a1c313a-fc3e-4f47-b8b3-c379731b5d0f","value":"Yes","type":"add","operator":"="}]},{"id":"ed05c0cc-dff2-402d-83fe-ff7f97eed19a","order":370,"text":"— all children of [Name], whether living at the date of this Deed or born at any time before the Division Date, including children legally adopted by him or her;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"67662332-65cc-40fc-b9bb-dffa0f249d6a","order":380,"text":"— without limiting the generality of the foregoing, the children of [Name] include [Names and dates of birth of the children];","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"4f8848cb-0e7b-4c57-9a6b-63095a0946da","value":"Yes","type":"add","operator":"="}]},{"id":"f218136e-0b86-42b0-8709-0197bfe70ac8","order":390,"text":"— [Full name of the spouse], the Spouse of [Name];","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"10015a0f-7905-4986-9cf6-5b0ed7fb9c78","value":"Yes","type":"add","operator":"="}]},{"id":"ddae2a31-9217-4aa1-a553-d868622c8457","order":400,"text":"— any corporation, all of the issued and outstanding shares of which are beneficially owned by one or more of the individuals who are Beneficiaries under this Article, other than a corporation in which the Settlor or the Spouse of the Settlor holds any interest, direct or indirect;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true,"displayConditions":[{"field":"9ec0cca6-7e78-4f6b-ad35-be57b962f75e","value":"Yes","type":"add","operator":"="}]},{"id":"ecb9ad87-8649-46cd-a97b-466acd8fd9fd","order":410,"text":"— all issue of the children of [Name], including grandchildren and remoter issue, whether living at the date of this Deed or born at any time before the Division Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"ba719922-0a08-44f4-a27e-64d5e865e763","order":420,"text":"The class of Beneficiaries shall close on the Division Date, and no person shall become a Beneficiary after that date. No person other than a person described above shall be a Beneficiary, and the Trustees have no power to add any person to the class.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"6"},{"id":"ef3ffc31-eb58-4584-8973-75ec1d0a9625","order":430,"text":"Notwithstanding any other provision of this Deed, neither the Settlor nor the Spouse of the Settlor shall at any time be, or be capable of becoming, a Beneficiary of the Trust, and no part of the income or capital of the Trust Fund shall at any time be paid or applied to or for the benefit of either of them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"22f23ff9-3691-424a-bb40-75bb4cae4f46","order":440,"text":"A person who is a Beneficiary by reason of being the Spouse of another person ceases to be a Beneficiary, and shall be treated for all purposes of this Deed as having died, on the date on which a divorce, a judgment of nullity or a separation agreement takes effect between them, or on the date on which they have lived separate and apart for twelve (12) consecutive months with no reasonable prospect of reconciliation, whichever occurs first, and no distribution made before that date is affected.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"10015a0f-7905-4986-9cf6-5b0ed7fb9c78","value":"Yes","type":"add","operator":"="}]},{"id":"6ecf1145-7399-4b28-ae9c-40d9499fffd2","order":450,"text":"No person shall be a Beneficiary while, in the opinion of the Trustees, that person's inclusion would cause the Trust to be a deemed resident trust under section 94 of the Income Tax Act or would otherwise prejudice the tax position of the Trust or of the other Beneficiaries; and the Trustees may, for that purpose, exercise the power set out in the Article entitled "Exclusion of a Beneficiary".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f78f2ae2-1989-43b9-9b90-ac012f31d2f5","order":460,"text":"6. EXCLUSION OF A BENEFICIARY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S06"},{"id":"40dbcebc-ba46-4983-a728-924158303647","order":470,"text":"The Trustees may at any time before the Division Date, by written instrument signed by all of them, declare that any Beneficiary, and the issue of that Beneficiary if the Trustees so specify, shall cease to be a Beneficiary, either absolutely or for a period or until the occurrence of an event specified in the instrument. The Trustees may exercise this power where they consider it advisable, including for reasons relating to taxation, to the residence of a Beneficiary, to the protection of the Trust Fund from a claim by a creditor or a spouse of a Beneficiary, or to the ineligibility of a Beneficiary for a public benefit or allowance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"10ed4a51-e69d-4e3a-a945-3d36285dd88b","order":480,"text":"No exclusion shall affect any amount already paid, transferred or made payable to the Beneficiary concerned, shall confer any benefit on the Settlor or the Spouse of the Settlor, or shall be capable of reducing the class of Beneficiaries to no person. The power conferred by this Article is subject to the Article entitled "Conflicts of Interest and Trustees who are Beneficiaries", and no Trustee may participate in a decision to exclude a Beneficiary where the exclusion would materially increase the benefit that Trustee may receive from the Trust. A declaration made under this Article is irrevocable to the extent stated in it, shall be recorded with the records of the Trust and shall be communicated to the Beneficiary concerned within a reasonable time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c874e16f-e771-4a93-b9dd-f43a06615a36","order":490,"text":"7. DISCRETIONARY DISTRIBUTIONS BEFORE THE DIVISION DATE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S07"},{"id":"7bd9beed-47a5-43e0-b28d-8a89e53b9bcc","order":500,"text":"Until the Division Date, the Trustees may, in their absolute and uncontrolled discretion, pay, transfer or apply all or any part of the net income and/or the capital of the Trust Fund to or for the benefit of any one or more of the Beneficiaries then living, to the exclusion of the others, in such amounts, in such proportions and at such times as the Trustees consider advisable, without any obligation to maintain equality among the Beneficiaries and without any obligation to give reasons for the exercise or non-exercise of their discretion.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e7011dba-45fd-4a0b-aa1c-107b73d6e934","order":510,"text":"A payment is made for the benefit of a Beneficiary if it is applied towards the maintenance, education, care, housing, health, advancement or establishment in life of that Beneficiary, including by payment to a third party, by the discharge of an obligation of the Beneficiary or by contribution to a registered plan of which the Beneficiary is the beneficiary or subscriber; provided that no payment shall be applied in satisfaction of a legal obligation of any Trustee to support that Beneficiary, and that any distribution to a person whom a Trustee is legally obliged to support shall be decided in the manner set out in the Article entitled "Conflicts of Interest and Trustees who are Beneficiaries".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"22c334b4-9521-4de0-80a9-0a2e457a8428","order":520,"text":"The Trustees may, before the end of a fiscal period of the Trust, declare by resolution that an amount of income of that period is payable to a Beneficiary within the meaning of subsection 104(24) of the Income Tax Act, whether or not the amount is then paid, and may satisfy the amount so made payable by the issue of a promissory note payable on demand or by an entry in the records of the Trust showing the amount as owing to the Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"163fe343-5ffd-4806-8633-d71c026759a1","order":530,"text":"Any net income of the Trust Fund for a year that is not paid, applied or made payable under this Article shall be accumulated by the Trustees and added to the capital of the Trust Fund; provided that, if and to the extent that accumulation is not lawfully permitted at any time, such income shall instead be paid or applied in the manner set out in this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e9f6dce6-b9bd-458d-b8e3-6d1e3b142f5c","order":540,"text":"No Beneficiary shall have any right to, or any vested or enforceable interest in, the income or capital of the Trust Fund unless and until the Trustees have exercised their discretion in favour of that Beneficiary, and then only to the extent of that exercise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0da281e5-1602-412f-9bcd-5e737edd3361","order":550,"text":"An amount that the Trustees have made payable to a Beneficiary but have not yet paid is a debt owing by the Trust to that Beneficiary; if the Beneficiary dies before payment, the amount is payable to the legal representative of the Beneficiary and forms part of that Beneficiary's estate, and the Trustees may require production of the grant of probate or of other evidence of authority before making payment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d6ff3896-092d-490e-85bd-ff2273e28f06","order":560,"text":"8. THE TWENTY-ONE YEAR RULE AND DISTRIBUTIONS OF CAPITAL","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S08"},{"id":"df654f0a-4daf-4167-9c7e-b2f9578088b9","order":570,"text":"The Trustees shall, at a reasonable time before the Division Date and in any event before the twenty-first (21st) anniversary of the date of this Deed, review the position of the Trust having regard to the deemed disposition of trust property under subsection 104(4) of the Income Tax Act, and shall obtain such professional advice and valuations as they consider necessary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ba270ed3-a42e-466f-9627-4f9c1484d339","order":580,"text":"For that purpose the Trustees may, at any time before the Division Date, pay or transfer all or any part of the capital of the Trust Fund, in cash or in kind, to or for the benefit of any one or more of the Beneficiaries then living, in such shares as they determine, in circumstances in which subsection 107(2) of the Income Tax Act applies to the transfer, and may make any election, designation or allocation available under the Income Tax Act in connection with it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"08fdc3ea-e035-4dd1-9af4-262299b0e09e","order":590,"text":"The Trustees may also, at any time before the Division Date, transfer all or any part of the Trust Fund to the trustees of another trust under which no person has any beneficial interest other than a person who is then a Beneficiary, and under which no interest of any Beneficiary is greater than the interest that Beneficiary has under this Deed, where the Trustees consider the transfer to be in the interests of the Beneficiaries as a whole and where they intend the transfer to be a qualifying disposition within the meaning of section 107.4 of the Income Tax Act; provided that no such transfer shall confer any benefit on the Settlor or the Spouse of the Settlor, add any person to the class of Beneficiaries, postpone the Division Date, defeat any interest that has already vested, or cause the Trust or the receiving trust to cease to be resident in Canada.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ea199c6f-5b8f-4743-b668-070532fc235d","order":600,"text":"The Trustees may also designate an earlier Division Date, in which case the Trust Fund shall be dealt with in the manner set out in the Article entitled "Division Date and Final Distribution". No exercise of the powers set out in this Article shall confer any benefit on the Settlor or the Spouse of the Settlor, and no transfer shall be made to a Beneficiary who is not resident in Canada where the transfer would result in a disposition at fair market value under subsection 107(5) of the Income Tax Act, unless the Trustees consider the transfer to be nevertheless advisable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"56092160-155e-43dc-ba15-37c538930706","order":610,"text":"9. DIVISION DATE AND FINAL DISTRIBUTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S09"},{"id":"d5bd09e4-f899-44c1-8f16-9e040c8dfb38","order":620,"text":"On the Division Date, the Trustees shall pay, transfer and divide the Trust Fund, together with any undistributed income, to or among such one or more of the Beneficiaries then living, and in such shares and proportions, as the Trustees may in their absolute and uncontrolled discretion determine.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"67657933-689b-483f-bcad-64ef131798fa","order":630,"text":"If and to the extent that the Trustees fail to exercise the discretion set out in the preceding paragraph, the Trust Fund shall on the Division Date be divided in equal shares among the children of [Name] then living, provided that the issue then living of any child who has died before the Division Date shall take, in equal shares per stirpes, the share that the deceased child would have taken if then living.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e68fe831-5650-49fd-832b-9c8382cbee34","order":640,"text":"If on the Division Date no Beneficiary is living, the Trust Fund shall be paid and transferred to the persons who would be entitled to share in the estate of [Name], and in the proportions applicable, under the laws of the Province of [Province] relating to intestate succession, as if he or she had died on the Division Date intestate, resident in that province and owning the Trust Fund; provided that no part of the Trust Fund shall in any circumstance revert or be paid to the Settlor or to the Spouse of the Settlor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"daa72025-4091-46ed-b61c-772222780aaf","order":650,"text":"Before making the final distribution the Trustees may retain such part of the Trust Fund as they consider sufficient to meet any tax, liability or expense of the Trust, whether ascertained or contingent, and shall distribute the balance of any amount so retained as soon as it is no longer required. The Trustees may require from each recipient a receipt, release and, where appropriate, an indemnity limited to the amount received, and may distribute in kind at the values determined under this Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0027ebd7-26d7-48ba-9438-b16be7580795","order":660,"text":"10. PAYMENTS TO MINORS AND PERSONS UNDER DISABILITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S10"},{"id":"98e673b8-c804-4bf2-8eb6-b81dd83ee24c","order":670,"text":"Where any amount of income or capital becomes payable to a Beneficiary who is a person under disability, the Trustees may, in their discretion, pay that amount to a parent, guardian or other legal representative of that Beneficiary, or apply it directly for the maintenance, education, advancement or benefit of that Beneficiary, and the receipt of the person to whom payment is made shall be a complete discharge to the Trustees, who shall not be required to see to the application of the funds.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2a1add1f-b278-4b6b-8a17-614666c5c1ef","order":680,"text":"The Trustees may hold and administer any such amount as a separate fund in which that Beneficiary is absolutely and indefeasibly entitled, until the Beneficiary attains the age of majority in the province of his or her residence or ceases to be under disability, investing and applying it in accordance with this Deed in the meantime, and may instead pay or transfer it to a registered education savings plan, a registered disability savings plan or any similar plan or trust of which the Beneficiary is the beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2c8d4366-2010-4f20-8877-66c802d810d4","order":690,"text":"Where a Beneficiary is a person under disability, the Trustees shall have regard, in exercising their discretion, to the effect of any distribution on that Beneficiary's eligibility for a public benefit, allowance or programme, and may withhold or defer a distribution for that reason without liability to any person.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"63fd1313-a184-4626-9c09-a3258e17cb4a","order":700,"text":"11. POWERS OF THE TRUSTEES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S11"},{"id":"f6097183-c3c1-4f0f-8eec-9d40ba41fbde","order":710,"text":"In administering the Trust, and in addition to the powers conferred by law, the Trustees may, in their absolute discretion and without the consent of any person or the authorization of any court:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cadef543-7155-4559-9539-682f0694bb50","order":720,"text":"(a) retain any property in the form in which it is received, for as long as they consider advisable, whether or not it is an investment authorized by law for trustees and whether or not it produces income;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"5e7dc03c-93a5-46b3-b999-55de81a57412","order":730,"text":"(b) invest and reinvest the Trust Fund in any investments that they consider prudent and advisable, without being limited to investments authorized by law for trustees, exercising in doing so the care, skill and judgment of a prudent investor, and without any obligation to diversify beyond what a prudent investor would consider appropriate in the circumstances of the Trust;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"e5c8db04-c04c-4c01-af21-60b56856db26","order":740,"text":"(c) appoint an investment manager or counsel, delegate to that person the authority to make and implement investment decisions, agree to a written investment policy and pay reasonable remuneration out of the Trust Fund, exercising reasonable prudence in the selection and supervision of that person;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"01006b1f-b2fc-4a58-89a7-376b18705960","order":750,"text":"(d) sell, exchange, lease, mortgage, pledge or otherwise deal with or dispose of any property of the Trust Fund, at such prices and upon such terms as they consider advisable, including terms providing for deferred payment with or without security;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"78fbb746-746a-4ec8-a796-5600bb325340","order":760,"text":"(e) purchase or otherwise acquire real or personal property of any kind, and maintain, repair, improve, develop, insure or lease any such property, and permit any Beneficiary to occupy or use property of the Trust Fund on such terms as the Trustees consider advisable;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"c522463b-80b3-449f-8a31-aaf09d7d7869","order":770,"text":"(f) incorporate or participate in the incorporation of any corporation, subscribe for, acquire and hold shares or securities of any corporation, exercise all rights attaching to them, including voting rights, and participate in any amalgamation, reorganization, estate freeze, share exchange or other corporate transaction;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"4d633467-5a93-4252-a59c-135b5ca912f4","order":780,"text":"(g) enter into, amend and give effect to any shareholders' agreement, unanimous shareholder agreement, partnership agreement or joint venture agreement relating to property of the Trust Fund, and accept restrictions on the transfer of securities;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"b6fb84a7-325e-4996-b62c-e151b0ed5658","order":790,"text":"(h) carry on any business, alone or in partnership or joint venture with any person, and employ any part of the Trust Fund in it;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"f13f0bb8-b529-42b7-a42f-e0a7b846a2b7","order":800,"text":"(i) borrow money for the purposes of the Trust, with or without security, and secure repayment by mortgage, pledge or charge over any property of the Trust Fund;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"ef241f4b-04a7-4597-a0cf-fb0ab001234d","order":810,"text":"(j) guarantee the obligations of any Beneficiary or of any corporation, partnership or trust in which the Trust holds an interest, and secure the guarantee over property of the Trust Fund, where the Trustees consider that to do so is in the interests of the Beneficiaries as a whole and that adequate consideration is received;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"96806513-cb36-4ae5-8ae8-b28f0c0c62ed","order":820,"text":"(k) lend money or property to any Beneficiary, with or without interest and with or without security, upon such terms as they consider advisable;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"aae091d1-ee7a-419e-9f2e-77d1b7833faf","order":830,"text":"(l) open, operate and close accounts with banks, trust companies, investment dealers and other financial institutions, give instructions and authorizations to them, and hold property in the name of a nominee or custodian or in book-entry form, the Trustees remaining responsible for property so held;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"a526ee0b-fdf4-4b78-8ab1-c711f09275ea","order":840,"text":"(m) hold an undivided interest in property jointly or in common with any other person, including a Beneficiary, and partition or divide any such property;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"b04809fa-681d-4769-ba60-aab852eebfa4","order":850,"text":"(n) divide the Trust Fund into separate shares or funds for accounting or administrative purposes, administer them separately, and allocate receipts and disbursements among them;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"32d663c4-2233-4f08-90df-475b72f9d420","order":860,"text":"(o) effect, acquire, maintain and pay premiums out of the Trust Fund on any policy of insurance, including insurance on the life of any person in whose life the Trust has an insurable interest, and exercise every right and option under any such policy;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"3c073ca0-dde7-4d9e-8fa9-a15dcb984cf1","order":870,"text":"(p) employ and pay out of the Trust Fund solicitors, accountants, investment advisers, custodians, valuators and other agents and professionals, delegate administrative functions to them, and act upon their advice without liability for doing so in good faith;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"19ecb3e9-578f-4d57-a50a-f7805bd787c7","order":880,"text":"(q) compromise, settle, submit to arbitration or abandon any claim by or against the Trust, and give full releases and discharges;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"34f4b9f7-f525-494d-ab85-d0ed19d45885","order":890,"text":"(r) make, sign and file any election, designation, allocation or return under the Income Tax Act or any other taxing statute, including any designation under subsections 104(13.1), 104(13.2), 104(21) and 107(2) of that Act, pay all taxes properly payable out of the Trust Fund, and satisfy any amount payable to a Beneficiary by the issue of a promissory note payable on demand;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"03bcfaf0-f30d-4e69-9140-c4bf0597cdb3","order":900,"text":"(s) determine conclusively whether any receipt, disbursement or other item is on account of income or on account of capital, and allocate it accordingly;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"5db573e8-d3f0-47e3-b08d-88843b482f5f","order":910,"text":"(t) distribute or divide any property of the Trust Fund in kind, at the fair market value that the Trustees determine, and for that purpose the valuation of the Trustees shall be final and binding on all Beneficiaries;","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"19b0e7f4-e8fe-423c-af4f-7dbc7407db40","order":920,"text":"(u) execute and deliver deeds, transfers, powers of attorney and other instruments, act through an attorney duly appointed in writing for a specified purpose, and take and hold custody of records, securities and digital assets of the Trust; and","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"c3e12451-aa64-4571-b58b-1e5e6d532a7f","order":930,"text":"(v) generally, do all acts and things and execute all instruments that they consider necessary or advisable for the administration of the Trust, as fully and effectively as if they were the absolute owners of the Trust Fund.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"6","cflou":false,"active":true},{"id":"7ccc29c2-a847-4bad-b859-1df827781d38","order":940,"text":"12. ADMINISTRATIVE RULES AND EXCLUDED DOCTRINES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S12"},{"id":"8011c5ea-7a95-4a5c-b86f-9d597461d0c7","order":950,"text":"The rules of apportionment known as the rule in Howe v. Earl of Dartmouth and the rule in Allhusen v. Whittell, and any statutory rule requiring the apportionment of receipts or outgoings between income and capital or between successive interests, do not apply to the Trust. The Trustees are under no duty to convert unauthorized, wasting, non-productive, hazardous or reversionary property, and may retain it without liability.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ada98960-1e20-41b4-802d-34ebd8e94185","order":960,"text":"The duty to act even-handedly between Beneficiaries interested in income and Beneficiaries interested in capital does not apply, and the Trustees may exercise their discretion so as to favour one or more Beneficiaries over others, whether as to income, as to capital or as to both.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9b9342ef-ebb4-4b53-9e7b-8b30e052b13d","order":970,"text":"No Trustee shall be required to give any bond, security or other assurance for the due administration of the Trust, whether on appointment or at any other time. The Trustees are not required to pass their accounts before any court unless a court of competent jurisdiction so orders, and the written approval of the accounts of the Trust by all Beneficiaries who have attained the age of majority and are not otherwise under disability binds those Beneficiaries and, to the extent permitted by law, their issue.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"09b513b5-1f0f-4471-88c9-bee2f3d2a171","order":980,"text":"The Trustees may rely, and are fully protected in relying in good faith, on any certificate, notice, statement, valuation, opinion or advice given by a professional adviser, on any information given by a Beneficiary as to that Beneficiary's status, residence, family or financial circumstances, and on any document appearing to be genuine, and are not obliged to make further inquiry.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d88d38cd-ceee-4164-8204-335381467864","order":990,"text":"13. STANDARD OF CARE, LIABILITY AND INDEMNITY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S13"},{"id":"370dc8fd-065c-4b42-bd66-e9ee36aa1d5f","order":1000,"text":"In administering the Trust, each Trustee shall exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances, and a Trustee whose profession or business gives rise to a higher standard shall exercise that higher standard. No Trustee shall be liable for any loss to the Trust Fund except to the extent that the loss results from that Trustee's own dishonesty, wilful misconduct or gross negligence, and no Trustee shall be liable for the acts, omissions or defaults of any co-Trustee, agent or adviser selected and supervised in good faith, nor for any depreciation in the value of any investment made in good faith.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1ace9137-96fc-428a-be43-7f1bb3238446","order":1010,"text":"Each Trustee shall be indemnified and reimbursed out of the Trust Fund for all liabilities, costs and expenses reasonably incurred in the administration of the Trust, other than those resulting from that Trustee's own dishonesty, wilful misconduct or gross negligence. The indemnity extends to a former Trustee and to the estate of a deceased Trustee, and survives the resignation, removal or death of the Trustee concerned and the termination of the Trust. The Trustees may purchase and maintain, at the expense of the Trust Fund, insurance for the benefit of any Trustee against liability incurred in that capacity.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"27d0c3c9-88e3-4fb2-83b3-05856d561b69","order":1020,"text":"Nothing in this Article relieves a Trustee from liability for a breach of trust to the extent that the law does not permit that liability to be excluded or limited.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"67b9c579-bd54-46eb-8c18-843c24bc0db3","order":1030,"text":"14. CONFLICTS OF INTEREST AND TRUSTEES WHO ARE BENEFICIARIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S14"},{"id":"24c19438-a13b-42bf-acd4-0fd20a3ca8cb","order":1040,"text":"A Trustee may be a Beneficiary, and no Trustee is disqualified from acting, or liable to account, by reason only of an interest arising from that capacity or from any relationship with a Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"09397948-5fca-49e7-8e43-ccd2352f4c48","order":1050,"text":"However, no Trustee shall participate in, or vote upon, any decision to pay, transfer or apply income or capital of the Trust Fund, to make a loan or advance, to give a guarantee, to grant a lease or licence, to exclude a Beneficiary or to confer any other benefit, in each case to or for the benefit of that Trustee personally, or to or for the benefit of any person whom that Trustee is legally obliged to support, and any such decision shall be made by the other Trustees alone. Where there is no other Trustee able and willing to act, the decision shall be made by a special trustee appointed in writing for that purpose by the Trustees from among persons who are neither Beneficiaries nor related to the Trustee concerned, or, failing such appointment, by a court of competent jurisdiction; and until such a decision is validly made no amount shall be paid, transferred or applied.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"447bcb95-8ea6-40d7-a0f1-136ac551c4b2","order":1060,"text":"No power or discretion conferred by this Deed shall be exercised in a manner that discharges, or has the effect of discharging, a legal obligation of a Trustee to support any person, and any purported exercise to that effect is void.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"78617f64-8738-4d33-b6b1-61f59e8a753a","order":1070,"text":"A Trustee may deal with the Trust in another capacity, including by purchasing property from or selling property to the Trust, by lending to or borrowing from the Trust and by contracting with the Trust, provided that the transaction is for fair market value on terms no less favourable to the Trust than could be obtained from an arm's length person, that the interest of the Trustee is disclosed in writing and recorded, and that the transaction is approved by the other Trustees or, if there is none, by a court of competent jurisdiction.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4ce567a6-14eb-4526-8ed7-a1edd8c21cf8","order":1080,"text":"A Trustee may be a shareholder, director, officer or employee of any corporation in which the Trust holds securities, may vote those securities in favour of his or her own appointment, and may receive and retain reasonable remuneration in that capacity without accounting for it to the Trust.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"06df05b8-14a1-453e-a1c8-18c69f02dc8e","order":1090,"text":"15. APPOINTMENT, REMOVAL AND SUCCESSION OF TRUSTEES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S15"},{"id":"82c01841-cf6d-4674-bf5c-dd863028ee3c","order":1100,"text":"There shall at all times be at least one Trustee of the Trust. A trust company authorized to act as a trustee in the Applicable Province may be appointed as a Trustee, alone or with others.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5fa64ae7-a315-486c-a114-94af5637b31e","order":1110,"text":"A Trustee may resign at any time by giving thirty (30) days' written notice to the other Trustees, if any, and to the Beneficiaries who have attained the age of majority. The Trustees then in office, acting by majority, may at any time appoint one or more additional Trustees and may fill any vacancy arising from the death, resignation, removal or incapacity of a Trustee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e974dc66-dc12-45a2-9c40-694ff88f3554","order":1120,"text":"A Trustee shall be deemed to have resigned upon becoming incapable of managing his or her property, as certified in writing by two medical practitioners licensed in Canada or as declared by a court, upon becoming bankrupt or making an assignment for the benefit of creditors, or upon being convicted of an offence involving dishonesty. The other Trustees may, by unanimous written instrument, remove a Trustee who persistently fails or refuses to act, and any interested person may apply to the court for the removal of a Trustee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9e73ac1f-4de4-4a48-b60e-d4be52a2f260","order":1130,"text":"If at any time there is no Trustee in office, a successor Trustee may be appointed in writing by a majority of the Beneficiaries who have then attained the age of majority, failing which by a court of competent jurisdiction in the Province of [Province]. Upon any change of Trustees, the Trust Fund shall vest in the Trustees for the time being without the need for any further conveyance or assurance, and any departing Trustee shall execute all documents reasonably required to give effect to the change and shall deliver all records and property of the Trust to the continuing Trustees.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4e451c5c-d75d-42aa-ad3c-6efa1a9478f9","order":1140,"text":"Every additional or successor Trustee shall accept office in writing, in the form of Schedule "B" to this Deed or in any other form the Trustees approve, and shall then have all the powers and discretions conferred on the Trustees by this Deed as if originally named. Notwithstanding any other provision of this Deed, neither the Settlor nor the Spouse of the Settlor shall at any time be appointed or act as a Trustee of the Trust.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3ab9526d-a195-46e3-843e-b253ddaf7635","order":1150,"text":"16. RESIDENCE OF THE TRUST","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S16"},{"id":"78b6858c-65d0-4c86-a81c-79b74da51643","order":1160,"text":"It is the intention of the parties that the Trust be at all times resident in Canada, and in the Applicable Province, for the purposes of the Income Tax Act. The central management and control of the Trust shall be exercised in Canada, and all decisions of the Trustees shall be taken in Canada.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5afded65-c526-4e8e-b9ac-ea6d1a332cf9","order":1170,"text":"A majority of the Trustees shall at all times be resident in Canada. No person shall be appointed a Trustee if, upon the appointment, a majority of the Trustees would not be resident in Canada or the central management and control of the Trust would be exercised outside Canada.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"49cd8394-2bea-44ac-bacd-f7c3627cf55f","order":1180,"text":"A Trustee who ceases to be resident in Canada, or whose continuation in office would in the opinion of the remaining Trustees cause the Trust to cease to be resident in Canada, shall be deemed to have resigned immediately before that event, and the remaining Trustees shall fill the resulting vacancy, failing which the vacancy shall be filled in the manner provided by the Article entitled "Appointment, Removal and Succession of Trustees". No power under this Deed shall be exercised in a manner that would cause the Trust to cease to be resident in Canada or to become a deemed resident trust under section 94 of the Income Tax Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"551878b5-061f-43d8-af07-3bc1a894213a","order":1190,"text":"17. TRUSTEE DECISIONS, MEETINGS AND COMPENSATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S17"},{"id":"39879ec2-fb9e-4d82-b17e-1abd9a12074b","order":1200,"text":"Subject to the Article entitled "Conflicts of Interest and Trustees who are Beneficiaries", where more than two Trustees are in office, any decision, power or discretion under this Deed may be exercised by a majority of the Trustees; where two Trustees are in office, they shall act unanimously; and where a single Trustee is in office, that Trustee may alone exercise every power and discretion conferred by this Deed. A Trustee who dissents from a decision of the majority shall not be liable for it, provided the dissent is recorded in writing, but shall join in any document required to implement the decision.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5589d801-f97f-4e4f-a910-0fda4220d496","order":1210,"text":"The Trustees may meet in person or by telephone, video conference or any other means permitting each Trustee to communicate with the others, provided that the meeting is held in Canada. A resolution in writing signed by all the Trustees, including by counterpart or by electronic signature, is as valid as a resolution passed at a meeting. The Trustees shall record their decisions in writing and keep those records with the records of the Trust.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2d23c8d0-2bb1-4511-b6fc-164e7be77145","order":1220,"text":"The Trustees may authorize any one of them in writing to execute documents, operate accounts and carry out routine administrative acts on behalf of all of them, but no such authorization extends to the exercise of a discretion to distribute income or capital.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e4459cbb-69c5-482a-8e94-f2e7a56d70fe","order":1230,"text":"The Trustees shall be entitled to fair and reasonable compensation for their services, as permitted by the law of the Applicable Province, and to reimbursement of all expenses properly incurred. Any Trustee engaged in a profession may charge and be paid out of the Trust Fund for professional services rendered to the Trust at his or her usual professional rates. Compensation shall be approved in writing by the Beneficiaries who have attained the age of majority or, failing agreement, fixed by a court of competent jurisdiction, and a Trustee may renounce compensation in whole or in part.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"38817300-a373-4645-9ceb-29c8c7eff4f7","order":1240,"text":"18. EXCLUSION OF THE SETTLOR","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S18"},{"id":"ab40e158-71d8-4e19-a47c-0a9a65258e23","order":1250,"text":"Notwithstanding any other provision of this Deed: no part of the income or capital of the Trust Fund shall at any time be paid, transferred, lent or appointed to, or applied for the benefit of, the Settlor or the Spouse of the Settlor; no property of the Trust Fund shall in any circumstance revert to the Settlor; no power or discretion under this Deed may be exercised by the Settlor, at the direction of the Settlor or with the consent of the Settlor; the Settlor shall have no power to determine or affect the disposition of the Trust Fund, whether alone or with any other person; and no property of the Trust Fund shall be disposed of only with the consent of, or in accordance with the direction of, the Settlor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"90a37291-a310-4a9f-91fa-ee76a40f99e3","order":1260,"text":"This Article is intended, among other things, to prevent the application of subsection 75(2) of the Income Tax Act to the Trust, and it shall be interpreted accordingly. Any provision of this Deed, and any exercise of any power under it, that would be inconsistent with this Article is to that extent void.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"40659610-d6e7-470e-978a-5dd914783096","order":1270,"text":"19. PROTECTION OF BENEFICIAL INTERESTS AND FAMILY LAW","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S19"},{"id":"aaec605d-1167-4048-999d-e5863dfbf305","order":1280,"text":"The interest of each Beneficiary under the Trust is personal and inalienable. Until income or capital of the Trust Fund is actually paid or transferred to a Beneficiary, it may not be assigned, anticipated or encumbered by the Beneficiary, nor seized or attached by, or made subject to the claims of, any creditor of the Beneficiary, and any purported assignment, charge or other disposition by a Beneficiary is void.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b598740d-1a25-4763-a622-3b0ef540855f","order":1290,"text":"Where a Beneficiary becomes bankrupt or insolvent, or where a distribution would in the opinion of the Trustees become exposed to a claim by a creditor or a spouse of a Beneficiary, the Trustees may withhold the distribution, may apply the amount for the benefit of that Beneficiary in the manner set out in the Article entitled "Discretionary Distributions before the Division Date", or may exercise the power set out in the Article entitled "Exclusion of a Beneficiary".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e69a2ae0-74aa-461e-9b4b-4a2d551e19d7","order":1300,"text":"It is the intention of the Settlor, expressly declared, that the interest of every Beneficiary in the Trust, all income and capital distributed to a Beneficiary, all property substituted for such income or capital and all income derived from any of them shall be excluded from the Beneficiary's family property, net family property, community of property or any similar division or sharing regime under the family law legislation of any province or territory, as a gift or settlement received from a person other than the Beneficiary's spouse. This declaration is made for the purposes of any provision of such legislation permitting a donor or settlor to exclude property, and the income from it, from any such division or sharing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"83fbadd2-89ef-4a2a-bfb0-78237bdce0d8","order":1310,"text":"Each Beneficiary is encouraged to keep property received from the Trust separate from property held jointly with a spouse and to obtain independent legal advice, but no failure to do so affects the validity of the declaration made in this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b67b6981-e6de-41d4-85d8-c3d9cebfc97b","order":1320,"text":"20. NON-RESIDENT BENEFICIARIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S20"},{"id":"a2faf75e-ada3-45b3-90d6-8d86174f390b","order":1330,"text":"Before paying or transferring any amount to a Beneficiary who is not resident in Canada, the Trustees shall consider the consequences of the distribution, including the deemed disposition of property at fair market value under subsection 107(5) of the Income Tax Act and any withholding required under Part XIII of that Act, and may decline to make the distribution or may make it in a different form.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c904cbd0-937a-4338-9256-9c3daacb0edf","order":1340,"text":"The Trustees shall withhold and remit any amount required by law in respect of a distribution, and the amount withheld shall be treated as having been paid to the Beneficiary concerned. Each Beneficiary shall indemnify the Trust Fund against any tax, interest or penalty arising from that Beneficiary's residence or status, to the extent of the amounts received by that Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4b5bf6f7-70c5-473e-806e-4017fb1bd963","order":1350,"text":"Each Beneficiary who has attained the age of majority shall notify the Trustees in writing of any change in his or her country of residence within thirty (30) days, and the Trustees may rely on the last information received.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4a157605-1267-4452-9805-0f32ce15ba67","order":1360,"text":"21. ACCOUNTS, RECORDS AND TAXATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S21"},{"id":"7d83a23a-830f-4fcc-adfb-b15ef2cabefe","order":1370,"text":"The Trustees shall keep complete and accurate accounts and records of the Trust, including records of all decisions, distributions, valuations and contributions, shall make them available for inspection by any Beneficiary who has attained the age of majority upon reasonable notice, and shall provide to the Beneficiaries such information concerning the Trust as the Trustees consider appropriate or as the law requires. The Trustees may withhold information the disclosure of which would, in their opinion, be prejudicial to the interests of the Beneficiaries as a whole, subject to any order of a court.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c8ca43c6-5b8c-4592-9ffd-e6399aa4d9db","order":1380,"text":"The fiscal period of the Trust shall end on December 31 of each year, or on such other date as the Income Tax Act may require or permit. The Trustees shall file all returns, elections and designations required under the Income Tax Act and any other applicable taxing statute, and may make any amount of income or capital payable to a Beneficiary, within the meaning of subsection 104(24) of the Income Tax Act, including by the issue of a promissory note payable on demand. Where a Beneficiary qualifies, the Trustees may join with that Beneficiary, or with the person authorized to act for that Beneficiary, in making a preferred beneficiary election under subsection 104(14) of the Income Tax Act in respect of income that is not paid or made payable to that Beneficiary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9ab4608b-fd38-4cda-832a-a54714ea7690","order":1390,"text":"The Trustees shall comply with the annual reporting requirements applicable to trusts, including the obligation to file the information return identifying the settlor, the trustees, the beneficiaries and any person able to exert influence over trustee decisions. Each Beneficiary, and the parent or guardian of a Beneficiary who is a minor, shall provide the Trustees on request with his or her full name, address, date of birth, jurisdiction of residence and taxpayer identification number, and shall notify the Trustees of any change; and the Trustees may withhold any distribution to a Beneficiary who fails to do so until the information is provided.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0133f9b9-588e-443c-ad51-e4fe32525932","order":1400,"text":"The Trustees may obtain such valuations of property of the Trust Fund as they consider necessary, in particular in connection with any deemed disposition, distribution in kind or reorganization, and the cost of doing so is an expense of the Trust.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9fab1460-7178-4f19-9a03-e8728398f8cb","order":1410,"text":"22. PERPETUITIES AND ACCUMULATIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S22"},{"id":"d180f316-3ad0-48d5-8ff5-caa8e4e96abf","order":1420,"text":"Notwithstanding any other provision of this Deed, every interest under this Deed shall vest, if it is to vest at all, not later than the Division Date, which is a date occurring within twenty-one (21) years of the date of this Deed, and the discretionary trusts declared by this Deed shall then come to an end. No provision of this Deed shall be construed so as to permit any interest to vest, or a discretion to be exercised, beyond that date. Where a share has vested absolutely in a Beneficiary who is then a person under disability, the Trustees may continue to hold that share for that Beneficiary alone in the manner provided by the Article entitled "Payments to Minors and Persons under Disability", and the continued holding of a vested share does not extend the Trust or any discretion under it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"10a60c35-3534-4afc-97ec-19303f774d9d","order":1430,"text":"No income shall be accumulated for a period longer than any period permitted by the law of the Applicable Province, and if and to the extent that an accumulation would exceed that period or would otherwise be unlawful, the income concerned shall instead be paid or applied in the manner set out in the Article entitled "Discretionary Distributions before the Division Date". This Article applies notwithstanding any other provision of this Deed and operates as a saving provision in respect of any rule against perpetuities, remoteness of vesting or excessive accumulation that may apply.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b129e0c7-f650-4664-9eab-389e575423f4","order":1440,"text":"23. AMENDMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S23"},{"id":"5e048f54-b29d-4781-a7d2-d345bc8eb2b3","order":1450,"text":"The Trustees may, by written instrument signed by all of them, amend the administrative provisions of this Deed where the amendment is, in their opinion, necessary or advisable for the sound administration of the Trust or to respond to changes in applicable law; provided that no amendment shall confer any benefit on the Settlor or the Spouse of the Settlor, permit any part of the Trust Fund to revert to the Settlor, alter the irrevocable character of the Trust, postpone the Division Date beyond the date defined in this Deed, add any person to the class of Beneficiaries, reduce any interest that has already vested in a Beneficiary, or cause the Trust to cease to be resident in Canada.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"02a4ad7c-a46a-414e-a859-5ecc560b8934","order":1460,"text":"No amendment has retroactive effect, and a copy of every amendment shall be kept with the records of the Trust and delivered to the Beneficiaries who have attained the age of majority within a reasonable time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e0cf6981-37d5-4fe7-b827-17418cc7be01","order":1470,"text":"24. NOTICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S24"},{"id":"4b87d882-6c00-4bb5-94fb-06fd64f28294","order":1480,"text":"Every notice, consent, resolution, direction or other communication under this Deed shall be in writing and shall be delivered personally, sent by courier, sent by registered mail or sent by electronic mail to the last address of the recipient known to the Trustees. A communication is deemed received on the day of personal delivery or of transmission by electronic mail if that day is a business day, on the next business day if it is not, on the first business day after dispatch by courier, and on the fifth business day after mailing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8947a7dc-fa46-4eb6-afbf-261bb3a94d48","order":1490,"text":"A communication to a Beneficiary who is a person under disability may be given to a parent, guardian or other legal representative of that Beneficiary. Each Beneficiary who has attained the age of majority shall keep the Trustees informed of a current address, and the Trustees incur no liability for a communication sent to the last address of which they were informed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2d5c52d1-d05c-4527-98f8-78aebf09a9b0","order":1500,"text":"25. DISPUTE RESOLUTION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S25"},{"id":"07b036c3-979c-4c39-8a44-960191b5208e","order":1510,"text":"Any dispute arising among the Trustees, or between the Trustees and one or more Beneficiaries, or among the Beneficiaries, in relation to this Deed or to the administration of the Trust shall first be submitted to good faith negotiation and, failing resolution within thirty (30) days, to mediation before a single mediator in the Applicable Province.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f7425ba9-0816-417a-bf75-6d3963f7056d","order":1520,"text":"If the dispute is not resolved by mediation within sixty (60) days of the appointment of the mediator, it may be submitted to arbitration before a single arbitrator under the arbitration legislation of the Applicable Province, and the award shall be final and binding on the parties to the arbitration. The costs of mediation and arbitration shall be borne by the Trust Fund, unless the mediator or arbitrator determines otherwise or the Trustees consider that the position taken by a party was unreasonable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e036e134-779d-48d2-a462-d632f81280a4","order":1530,"text":"Nothing in this Article prevents the Trustees or any Beneficiary from applying to a court for the opinion, advice or direction of the court, for the appointment or removal of a Trustee or for interim relief, nor limits the inherent supervisory jurisdiction of the court over trusts or any right that cannot lawfully be excluded, in particular the rights of a person under disability.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9fd3ff26-5636-49d0-b09b-e227c944cbae","order":1540,"text":"26. GOVERNING LAW, RESIDENCE AND PLACE OF ADMINISTRATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10","sectionNum":"S26"},{"id":"2c905570-1429-4b99-a98f-27dae1d92945","order":1550,"text":"This Deed and the Trust shall be governed by and interpreted in accordance with the laws of the Province of [Province] and the laws of Canada applicable in that province. The Trust shall be resident in, and its administration shall take place principally in, the Province of [Province], and the courts of that province shall have jurisdiction over any matter relating to the Trust, subject to the Article entitled "Dispute Resolution".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6a40d15b-eba7-46a0-b5f6-b3e2ae917749","order":1560,"text":"The Trustees may, by written instrument signed by all of them, transfer the place of administration of the Trust to another province or territory of Canada and declare that the law of that jurisdiction shall thereafter govern the Trust, where they consider it to be in the interests of the Beneficiaries as a whole; provided that no such transfer or declaration shall cause the Trust to cease to be resident in Canada, confer any benefit on the Settlor or the Spouse of the Settlor, defeat any interest that has already vested, or extend the Division Date. Upon such a declaration, references in this Deed to the Applicable Province are to the jurisdiction so designated.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"41cd4414-e797-4fff-9a3c-e9697fc4ce74","order":1570,"text":"27. 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This Deed enures to the benefit of, and binds, the parties and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a6de3553-cbe9-4815-b22f-eec84ab63e9f","order":1600,"text":"This Deed constitutes the entire agreement and declaration of the parties with respect to the Trust, and no representation, promise, side agreement or letter of wishes, whether made before or after the date of this Deed, forms part of it or binds the Trustees, although the Trustees may have regard to any expression of the wishes of the Settlor or of a Contributor without being obliged to give effect to it. 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Each party acknowledges having had the opportunity to obtain independent legal and tax advice with respect to this Deed, having read and understood it, and having executed it freely and voluntarily as a deed, intending to be legally bound by it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"26d14de6-38d4-48fb-b36f-689dacd288e0","order":1620,"text":"IN WITNESS WHEREOF the parties have executed this Deed as of the date first written above.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"c18a2468-e424-42b4-930a-97ec5b40fca7","order":1630,"text":"SIGNED, SEALED AND DELIVERED in the presence 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to which this Schedule is attached.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"719cc37c-dd31-42f4-9bc0-76ccf92d0e9d","value":"silver","type":"add","operator":"="}]},{"id":"e3f52795-87d7-4677-982c-0b508be3a8ab","order":1840,"text":"One (1) gold coin, transferred and delivered by the Settlor to the Trustees on the date of the Deed to which this Schedule is attached.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"719cc37c-dd31-42f4-9bc0-76ccf92d0e9d","value":"gold","type":"add","operator":"="}]},{"id":"24d4aa27-1e33-45b2-a138-d73bce13175d","order":1850,"text":"The Trustees acknowledge having received the property described above and hold it, together with all property added to the Trust from time to time, upon the trusts set out in the Deed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"c52558bc-b12d-4f22-b4b0-3a7df11755ec","order":1860,"text":"SCHEDULE "B"","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20"},{"id":"8faa885b-1c55-40b7-9544-0c8326705646","order":1870,"text":"Acceptance of Office by a Trustee of The [Family name] Family Trust","fontSize":"14","textAlign":"center","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"07222e02-2b44-44b0-85c7-75e2a5307866","order":1880,"text":"The undersigned, having been appointed a trustee of the trust created by the Deed dated ____________________ (the "Deed"), accepts that office, agrees to be bound by the terms of the Deed as if originally named in it as a Trustee, confirms that he or she is resident in Canada, and confirms that he or she is neither the Settlor nor the Spouse of the Settlor.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"af2a8d73-5f77-44cc-a383-654f1e024188","order":1890,"text":"Dated at ____________________ on ____________________.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"728f717a-4ff5-4f92-b81e-4272b4cd1022","order":1900,"text":"_________________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true},{"id":"cb4dba11-3d99-4f8a-986b-df33ba408720","order":1910,"text":"Name: ____________________, 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