CRA indicates that a requirement for unanimous decisions by trustees including the settlor did not by itself engage s. 75(2)

The Directorate essentially confirmed an earlier position that a requirement in a trust indenture for all decisions to be made unanimously by the trustees, who include the settlor, will not by itself necessarily engage s. 75(2). However, in the file under review, the settlor had the power to amend the terms of the trust indenture, and this in combination with the unanimous voting requirement was enough to cause s. 75(2) to apply.

Neal Armstrong. Summary of 16 February 2017 Internal T.I. 2016-0669881I7 under s. 75(2).