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
L. Plans and Agreements
Some land trusts and landowners may consider entering into agreements that set out how the land protected by the conservation agreement will be managed over the long term. These agreements set out what management activities will be undertaken and by whom. It is preferable that these agreements be established at the same time the conservation agreement is being established or shortly thereafter. In some cases, the provision of a management agreement may be included in the conservation agreement.
Background
If management prescriptions are recommended for lands covered by a conservation agreement, they should be accompanied by a management plan/agreement for the property. Some cases, management plans/agreements are included in the conservation agreement and form part of the documentation that is registered against title to the property. Management plans/ agreements should identify the management needs, who will undertake the management activities and who will secure the resources for carrying out the long-term management of the land is preferable if this is done at the same time the conservation agreement is executed and registered.
