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
K. Extinguishment
In rare cases, it may be necessary to extinguish, or a court may order the extinguishment of, a conservation agreement in whole or in part. In these cases, the land trust notifies any project partners and works diligently to see that the extinguishment will not result in impermissible private benefit and to prevent a net loss of important conservation values or impairment of public confidence in the land trust or in conservation agreements. In addition, any extinguishment of a conservation agreement should only be completed in a manner consistent with any applicable provincial or federal legislation.
Background
In rare instances, a conservation agreement may be extinguished (for instance, when a conservation agreement holder merges fee and conservation agreement interests). In some provinces, certain forms of extinguishment must be court-ordered or court-approved. Extinguishments may occur where, changes to the surrounding landscape, have negated the ecological value of the land, which the conservation agreement protects, thus making the conservation agreement obsolete. It is a good practice to address these in the conservation agreement itself. To the extent possible, a land trust should ensure that the conservation values will continue to be protected on the land following the extinguishment or ensure that additional conservation action is taken. Extinguishment of a conservation agreement should never be considered lightly, should only be an option of last resort, and should always consider the precedent that might be set and how extinguishment may impact the viability of the conservation agreement tool itself. Extinguishment of Ecological Gift conservation agreement may be subject to Section 207.31 of the Income Tax Act.
Assessment Questions
CLTA Assessment Questions
- Has the land trust ever terminated a conservation agreement (other than through condemnation)?
- If yes, what were the circumstances?
- How was impermissible undue benefit avoided?
- Was the land trust able to prevent a net loss of the important conservation values of the property?
- How did it maintain the public’s confidence in the land trust and in conservation agreements?
