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
E. Enforcement of Conservation Agreements
The land trust has a written policy and/or procedure detailing how it will respond to potential violations of a conservation agreement, including the role of all parties involved (such as board members, volunteers, staff and partners) in any enforcement action. Policies and procedures should ensure that all discussions and actions taken are recorded and that all copies of correspondence and documents are retained and kept in a safe location. The land trust takes necessary and consistent steps to see that violations are resolved and has available, or has a strategy to secure, the financial and legal resources for enforcement and defence. (See 6G and 11A.)
Background
When a land trust accepts a conservation agreement, it also accepts the responsibility to enforce that agreement in the event it is violated, and to defend it from challenges. Land trusts facing their first enforcement action often wish they had a formal policy or written procedure to follow governing contact with landowners, board and staff roles, lawyer involvement, and steps to take in the event a potential violation is discovered. This practice calls for all conservation agreement holding land trusts to develop such a policy or procedure. These policies and procedures should ensure that all discussions and actions taken are recorded and that all copies of correspondence and documents are retained and kept in a safe location. In addition, land trusts must be prepared for enforcement actions and should have access to appropriate legal counsel and the financial resources to pursue the enforcement. Every land trust should promptly address every conservation agreement violation. Landowners and conservation organizations should consider what types of dispute resolutions they want included in the conservation agreement. It should be noted, however, that a strong landowner contact and relations process is the best practice for avoiding breaches of the conservation agreement.
Assessment Questions
CLTA Assessment Questions
- Is there a written policy or procedure that states how the land trust will address potential violations?
- If yes, the policy or procedure addresses (check all that apply):
- The role of all parties
- Documentation of the suspected violation
- Communication with the landowner
- Involvement of legal counsel
- Options for resolution
- If yes, the policy or procedure addresses (check all that apply):
- Have any conservation agreement violations been resolved or are they actively being resolved?
