Standard 11: Conservation Agreement Stewardship
The land trust has a program of responsible stewardship for its conservation agreements.
Background
A land trust that accepts and holds conservation agreements commits itself to their annual stewardship in perpetuity, to enforcement of their terms, and to building positive landowner and community relationships to support the land trust’s conservation programs and enforcement actions. A land trust that fails to do so may eventually lose its credibility, could cause its conservation agreement program to be invalidated, may erode public confidence in conservation agreements, and ultimately risk the protection of the land. Not all land trusts have the capacity to hold conservation agreements in perpetuity and may achieve their conservation goals through partnerships with other organizations, fee ownership or other conservation methods. These practices will help ensure that the important conservation values protected by conservation agreements are sustained over time.
Relevant Law
- Society Act, RSBC 1996, c. 433, s. 27.
- Canada Corporations Act, RSC 1970, c. C-32.
- Income Tax Act, SC 1985, c. I, s. 149.1 (6.3);
see also Canada Revenue Agency policy interpretations at
- Expropriation Act, RSBC 1996, c. 125.
- Expropriation Act, SC 1996, c. E-21.
- Property Law Act, RSBC 1996, c. 377, s. 35.
- Land Title Act, RSBC 1996, c. 250, s. 218-223.
- Employment Standards Act, RSBC 1996, c. 113.
- Workers Compensation Act, RSBC 1996, c. 492.
- Human Rights Code, RSBC 1996, c. 210.
- Canada Pension Plan, c. C-8.
- Employment Insurance Act, SC 1996, c. 23.
- Society Act, RSBC 1996, c. 433.
- Canada Corporations Act, RSC 1970, c. C-32.
PRACTICE
I. Amendments
The land trust recognizes that amendments are not routine, but can serve to strengthen a conservation agreement, recognize a boundary, clarify its language or improve its enforceability. The land trust has a written policy or procedure guiding amendment requests that includes a prohibition against private benefit; requires compliance with the land trust’s conflict of interest policy; requires compliance with any funding requirements; addresses the role of the board; and contains a requirement that all amendments result in either a positive or not less than neutral conservation outcome and are consistent with the organization’s mission. For Ecological Gifts, land trusts should be aware of the authorization requirements of Environment Canada and the potential for penalties under section 207.31 of the Income Tax Act. Land trusts should also be aware of the implications of completing amendments that could lower the receipted value of a gift. In addition, amendments should only be completed in a manner consistent with applicable provincial legislation.
Background
While conservation agreement amendments are not common, land trusts should expect to receive requests for amendments and may, in certain circumstances, wish to initiate an amendment to strengthen a conservation agreement, recognize a boundary adjustment or clarify language. Most land trusts, when faced with their first amendment request from a landowner, wish they had a policy to guide their actions. This practice encourages land trusts to develop an amendment policy to help ensure that amendments meet the mission of the organization and maintain the land trust’s credibility. A policy should prohibit undue benefit, clarify board and staff roles, and ensure that all amendments result in either a positive, or not less than neutral conservation outcome. Amendment of Ecological Gift conservation agreements may be subject to Section 207.31 of the Income Tax Act. Many other standards are involved in reviewing amendment requests, including 1, 4, 6, 8, and 9, and practice 3F.
Assessment Questions
CLTA Assessment Questions
- Does the land trust have a written amendment policy?
If yes, the land trust’s amendment policy (check all that apply):- Includes a prohibition against impermissible undue benefit
- Requires compliance with the land trust’s conflict of interest policy
- Requires compliance with any funding requirements
- Addresses the role of the board
- Requires compliance with applicable provincial or federal legislation
- Contains a requirement that all amendments result in either a positive or not less than neutral conservation outcome
- Is consistent with the organization’s mission
