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.