CRA considers that a QET can contemplate the distribution of the trust funds to the company in order to establish a replacement trust

The definition of a "qualifying environmental trust" includes a requirement that it "is maintained for the sole purpose of funding the reclamation of a qualifying site." CRA has provided a technical interpretation, on the model trust drafted by the National Energy Board for pipeline companies, indicating that it is acceptable to have a clause providing that towards the end of any applicable perpetuities period, the trust fund shall be distributed to the pipeline company, which has covenanted to use the fund to establish a replacement reclamation trust.

Neal Armstrong. Summary of 22 August 2014 T.I. 2014-0521951E5 under s. 211.6(1) - qualifying environmental trust.