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15.1 (1) A trustee may invest property in any form of property or security in which a prudent investor might invest, including a security issued by an investment fund as defined in the Securities Act.

  • (2) Subsection (1) does not authorize a trustee to invest in a manner that is inconsistent with the trust.
  • (3) Without limiting subsection (1), a trustee may invest trust property in a common trust fund managed by a trust company, whether or not the trust company is a co-trustee.

2002-33-23, effective February 28, 2003 (B.C. Reg. 34/2003); 2006-32-69.


Investment in Agreements for Sale

A trustee may only invest in agreements for sale if the trust document expressly provides for such investments.

Trustee Cannot Loan Trust Money to Self

A trustee cannot loan trust money to themselves. See Waters, Gillen and Smith, Waters’ Law of Trusts in Canada, 3rd. ed. (Thomson Carswell, 2005), p. 898 to 899.


Other Provisions Concerning Authorized Investments

Section 21 provides, in relation to trustee investments, that the powers conferred by the Act are in addition to the powers conferred by a trust instrument and that nothing in the Act authorizes a trustee to do anything the trustee is in express terms forbidden to do.