Standard 2: Compliance with Laws
The land trust fulfills its legal requirements as a non-profit charitable organization and complies with all relevant laws and statutes.
Background
A land trust must comply with applicable laws. An understanding of, and compliance with, the basic legal requirements is fundamental to operating a land trust. This includes such matters as becoming and remaining a charitable organization. A land trust that fails to comply with these requirements can face financial penalties and fines, which could also apply to directors, and even revocation of its charitable status. A lawyer who understands charitable organizations can assist, but ultimately it is the land trust board’s responsibility to see that all requirements are met. Requirements include, but are not limited to: completing all corporate filings, completing the Registered Charity Information Return, Form T3010; retaining charitable status; following charitable solicitation laws; and adhering to the relevant federal, provincial or local regulations on non-profits or land trusts (such as waiting periods before being able to hold conservation agreements in some provinces).
Relevant Law
- Canada Revenue Agency policy interpretation of Income Tax Act, SC 1985, c. I; see
- Income Tax Act, SC 1985, c. I, s. 149.1 (6.3);
see also Canada Revenue Agency policy interpretations at
- Society Act, RSBC 1996, c. 433, s. 27.
- Canada Corporations Act, RSC 1970, c. C-32.
- Land Title Act, RSBC 1996, c. 250, s. 219:
- Receiver General – to hold Covenants in BC:
- Income Tax Act, SC 1985, c. I;
see Canada Revenue Agency guide “Employee or Self-Employed?” at:
- 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.
- Society Act, RSBC 1996, c. 433, s. 39, 41.
- Canada Not-for-profit Corporations Act, SC 2009, c. 23, s. 179-194.
- Canada Revenue Agency policy interpretation of Income Tax Act, SC 1985, c. I; see:
- Society Act, RSBC 1996, c. 433; Society Act Regulations, BC Reg 4/78
- Canada Corporations Act, RSC 1970, c. C-32.
- Canada Not-for-profit Corporations Act, SC 2009, c. 23.
- Winding-Up and Restructuring Act, SC 1985, c. W-11.
- Land Title Act, RSBC 1996, c. 250, Parts 10 and 10.1
- Canada Revenue Agency policy interpretations of Income Tax Act, SC 1985, c. I; see:
- Lobbyists Registration Act, SBC 2001, c. 42, s. 3
- 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.
- Personal Information Protection Act, SBC 2003, c. 63
- Personal Information Protection and Electronic Documents Act, SC 2000, c. 5.
- Income Tax Act, SC 1985, c. I, s. 149.1 (6.3);
see also Canada Revenue Agency policy interpretation at
- Income Tax Act, SC 1985, c. I, s. 118.1;
see also Canada Revenue Agency policy interpretation at
- Society Act, RSBC 1996, c. 433.
- Canada Corporations Act, RSC 1970, c. C-32.
- Society Act, RSBC 1996, c. 433, s. 30.
- Canada Revenue Agency policy interpretation of Income Tax Act, SC 1985, c. I;
see Income Tax Technical News No. 26 at:
- Taxation (Rural Area) Act, RSBC 1996, c. 447.
- School Act, RSBC 1996, c. 412.
- Police Act, RSBC 1996, c. 367.
- Property Transfer Tax Act, RSBC 1996, c. 378.
- Social Service Tax Act, RSBC 1996, c. 431.
PRACTICE
D. Records Policy
The land trust has adopted a written records policy that governs how organization and transaction records, including donor information, property details, baseline documents, and monitoring reports are created, collected, retained, stored and disposed. A privacy policy that addresses the handling of personal information has been developed by the land trust in response to federal or provincial privacy legislation. (See 9G.)
Background
This practice recognizes the importance of a records policy in protecting a land trust’s assets from future legal challenges and in meeting reporting requirements. A records policy should address both organizational records, such as board minutes, and transaction records, such as donor information, property details, deeds and baseline documentation reports. A policy helps identify the organization’s key documents, what documents are needed and in what format, how and when to store documents, how long to keep documents, and when to destroy documents, and it establishes business records practices for the organization. Records should be backed-up electronically and kept in a separate, off-site location. The land trust recognizes that complete record keeping is essential to maintaining the corporate memory of both the organization and the properties it manages. A related practice, 9G, guides recordkeeping for transactions.
The federal and provincial privacy legislation introduced in 2004 will impact the collection and management of private information. Land trusts should be aware of the applicable legislation and integrate a response to that legislation into both a privacy policy and a records policy for their organizations. A complete land trust records policy will address document creation, retention and destruction.
Assessment Questions
BC Assessment Questions
Does the land trust have policy which addresses the following and where it is kept for all staff and board members:
- Donor information - what information is available to whom, where the information is stored, who issues the charitable receipts, how they are tracked for annual reports, charity returns, etc.
- Employee Data – including Reviews and personal information
- Board Minutes & Data – where the minutes are located, if they are made available to whom, recording of personal information, areas of interest, areas of expertise
CLTA Assessment Questions
- Does the land trust have a written records policy?
- If yes, the policy addresses (check all that apply):
- Short-term records storage
- Long-term records storage
- Who is the custodian of records
- How records will be protected from loss, fire and other hazards, and access by unauthorized persons
- Document destruction

