This guide is the result of a project called Partners for Stewardship: Using Conservation Covenants for the Voluntary Legal Protection of Private Land in British Columbia.

Substantial credit goes to the Islands Trust Fund Board for sponsoring the project. Lidstone, Young, Anderson, Barristers & Solicitors, generously donated invaluable legal work. Numerous large and small conservation organizations contributed along the way: BC Conservation Foundation, BC Wildlife Federation, Coast Islands Conservancy, Comox Valley Project Watershed Society, Denman Island Conservancy, Ducks Unlimited, Greenways Committee of the Provincial Capital Commission, Nature Conservancy of Canada, Nature Trust of BC, Pender Island Conservancy, Quadra Island Conservancy, Salt Spring Conservancy, Silva Forest Foundation, Slocan Valley Watershed Alliance, and Turtle Island Earth Stewards.

The authors wish to thank the staff and directors of WCELRF for their hard work and persistence in taking this publication from concept to distribution. In particular, we'd like to thank Ann Hillyer for research and editing, Morgan Ashbridge and Alexandra Melnyk for word processing, Catherine Ludgate for project coordination and document design, Christopher Heald for desktop publishing and photographs, and Patricia Houlihan and Linda Nowlan for commenting on drafts.

WCELRF gratefully acknowledges funding for the project from The Real Estate Foundation of British Columbia, the Vancouver Foundation (celebrating its 50th anniversary), and the federal Environmental Partners Fund. Core funding of WCELRF is provided by The Law Foundation of British Columbia.

Special thanks to Pamela Cowtan, formerly of the Island Trust staff, for her able and enthusiastic guidance.

Special thanks also to Janice Doane of the Islands Trust Fund, and Jennifer Balke of the Denman Conservancy Association, for photographs and text; to Chris Hilliar and Rick Marotz for photographs; and to Jan Kirkby for additional covenant photo text and information.

Chapter 1: Introduction					1

Protecting private land 				1
A new legal tool					2
History of conservation covenants			2
Many uses						2
What is in this guide					3
Not legal advice					4

Chapter 2: About conservation covenants			5

Kinds of provisions					5
Positive or negative promises				6
Binding on successors in title				6
Personal release					7
Modification or termination				7
Modification or discharge by a court			7
Designation						8
Dissolution of the organization holding the covenant	8
Non-compliance with the covenant			9
A legal survey						9

Chapter 3: Getting started				11

Is a conservation covenant required?			11
The landowner						11
The conservation organization				12

Chapter 4: Objectives and plans				14

Ecological values and conservation objectives		14
Specific requirements					15
Recording the baseline					15
Management plans					16
Monitoring						18

Chapter 5: Enforcement					20

Court remedies						20
Alternative dispute resolution				21
Self help						21
Rent charge						21
Bonding and letters of credit				22

Chapter 6: Tax issues					23

Income tax						23
Property tax						25
Property transfer tax					26

Chapter 7: Liability					27

The landowner						27
The conservation organization				28

Chapter 8: Tips for participants			29

Tips for landowners					29
Tips for lawyers					30
Tips for provincial or national conservation groups	31
Tips for local conservation groups			32
Tips for real estate professionals			32
Tips for local government				32

Appendix A: Covenant, with comments			33

Purpose							33
A modular covenant					33

Appendix B: Frequently asked questions			45

Appendix C: Glossary					49

Appendix D: Organizations				52

National						52
Provincial						52
Regional						53
WWW Sites

Appendix E: Bibliography				55

Appendix F: Excerpts from statutes			57

Disclaimers						57
Land Title Act, section 215				57
Property Transfer Tax Act, section 5.2			59
Assessment Act, section 26(3.5)				62
Property Law Act, section 31				62

Appendix G: Letter requesting designation		64

Appendix H: Priority agreement				65

Appendix I: Example covenants				66

Sadler/Medicine Beach Covenant				66
Inner Island Nature Reserve				67
Cunningham Conservation Covenant			67
Scott Covenant						68
Enchanted Forest					68

Appendix J: Management agreement			69