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
F. Reserved and Permitted Rights and Approvals
The land trust has an established procedure for responding to landowner required notices or requests for approvals in a timely and consistent manner, and has a system to track notices, approvals and the exercise of any significant reserved or permitted rights.
Background
Many conservation agreements contain specific reserved rights or require that the land trust approve certain landowner actions. It is essential that land trusts track these rights and approvals in order to evaluate their capacity to steward the conservation agreement, respond to landowner information requests and prepare for any enforcement or defense actions. A land trust should have a paper file system or database for tracking this information. For every conservation agreement, the land trust should have complete information about the exercise of reserved rights or any granted or denied approvals. Land trusts should promptly respond to landowner requests for approvals to exercise reserved rights.
Assessment Questions
CLTA Assessment Questions
- Does the land trust have a written policy or procedure for how and when it responds to landowner requests?
- Does the procedure include a system to track notices and requests for approvals?
- What is the timeframe for responding to landowner notices or requests?
