Discovery Trust and Boettger have not changed CRA’s application of the Fundy residency test to provincial trusts

CRA's views regarding the application of the "central management and control" test in determining the residency of a trust for provincial tax purpose (so as to determine whether such control is exercised by the settlor or beneficiaries rather than the named trustee) has not changed as a result of Discovery Trust and Boettger, so that it will continue to look at who makes the substantive decisions (being the high-level, strategic decision-making and governance rather than the day-to-day functions), where the power and discretion is really being exercised, and where the real business is carried on.

Neal Armstrong. 24 November CTF Annual Roundtable, Q.3.