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
M. Joint Covenants
In most cases, conservation covenants should be jointly held by at least two land trusts (ideally, one local organization and one provincial or national organization) and there should be a clear written agreement between the covenant holders regarding their respective obligations and responsibilities.
Background
This practice applies to land trusts within British Columbia only.
Land trusts in BC are advised to hold covenants jointly with a second land trust as a means of ensuring the longevity of the covenant should one land trust fail. This is especially important for smaller land trusts that may not have the resources to sustain themselves over the long term.
Assessment Questions
BC Assessment Questions
- Does the land trust partner with another land trust on all covenants?
- Is there an MOU that states which partners are responsible for monitoring, enforcement, registering with the Conservation database and Protected Lands Catalogue?
- Does the land trust recognize its partners on all of its public signage or promotional material?
