Authors:
Thea M. Silver
Ian C. Attridge
Maria MacRae
Kenneth W. Cox

North American Wetlands Conservation Council (Canada) Published in Partnership with Delta Waterfowl

During the last decade, there has been increased awareness that certain areas of land, because of special natural or cultural attributes, or value as wildlife habitat, should be protected from development and preserved in their natural state in perpetuity. Large tracts of public land in the less populated regions of Canada have been set aside as parks or ecological reserves; however, protection of smaller parcels of privately-owned ecologically sensitive lands has been more difficult to achieve. A full range of workable institutional arrangements such as conservation covenants, easements and/or servitudes is required to protect these valuable portions of the landscape.

This report reviews the legal development and current legislative status regarding conservation covenants, easements and servitudes in Canada. Section one provides broad, general information; definition, benefits and a discussion why such tools are necessary. The section also describes common law easements and covenants and discusses stumbling blocks hindering their use as conservation tools.

Section two gives a province-by-province overview of the state of conservation covenant and easement legislation in Canada. For each province and territory, enabling legislation is reviewed and critiqued, and, where applicable, anticipated amendments and modifications are described. A brief section reviewing conservation easement legislation in the United States is also provided.

Section three addresses a range of issues that should be considered when preparing conservation covenant and easement legislation. These issues include items specific to the legislation (i.e., purposes, holders, enforcement, registration), as well as related issues pertaining to tax, assessment, planning, and other laws.

The authors hope that continuing education on this topic and call for reform will lead to new or revised legislation and complementary changes in related tax, assessment, planning and other laws that can enhance and promote the use of conservation covenants, easements and servitudes as a major tool in the conservation of land across Canada.