The West Coast Environmental Law Research Foundation is a non-profit charitable society which supports and conducts legal research to develop standards and objectives that will ensure the maintenance of environmental quality.
Barbara Findlay
and
Ann Hillyer
Barristers & Solicitors
January 1994
West Coast Environmental Law Research Foundation
Vancouver, Canada
BY THE WEST COAST ENVIRONMENTAL LAW RESEARCH FOUNDATION
ISBN 0-919365-11-6
West Coast Environmental Law Research Foundation
1001 - 207 West Hastings Street, Vancouver, B.C., Canada, V6B 1H7
phone: (604) 684-7378. fax: (604) 684-1312. e-mail:
admin@wcel.org.
The West Coast Environmental Law Research Foundation is a non-profit
charitable society which supports and conducts legal research to develop standards and
objectives that will ensure the maintenance of environmental quality.
The Law Foundation of British Columbia provides major
funding for the West Coast Environmental Law Research Foundation.
The
Real Estate Foundation of British Columbia
provided funding for Here Today, Here Tomorrow: Legal Tools for the Voluntary
Protection of Private Land in British Columbia.
The Real Estate Foundation of British Columbia endorses the research but not necessarily the opinions expressed in this publication. This report is for educational purposes only. Individuals with specific legal problems are urged to seek legal advice from a lawyer.
Canadian Cataloguing in Publication Data
Findlay, Barbara. Here today, here tomorrow Includes bibliographical references. ISBN 0-919365-11-6 1. Land use--Law and legislation--British Columbia. 2. Land tenure--Law and legislation --British Columbia. 3. Land trusts--British Columbia. 4. Conservation of natural resources --Law and legislation--British Columbia. I. Hillyer, Ann. II. West Coast Environmental Law Research Foundation. III. Title. KEB503.F55 1994 346.71104'3 C93-091577-1 KF5698.F55 1994
Photographs courtesy of Brian Mitchell and barbara findlay. Copyright for the photographs remains with the photographers. Cover and text printed on recycled, non-secondarily bleached fibre. Sandpiper cover stock is 100% post-consumer fibre. New Incentive 100 text stock is made from 100% de-inked recycled fibre, including 50% post-consumer fibre (100% from old newspapers and magazines). Printed with Alpha-Veg ink, chosen for its relatively low volatile organic compound (VOC) weight of 13%, and its linseed oil content at weight of 28%.
Mt. Galiano, Galiano Island, B.C.
Photo: Brian Mitchell
The West Coast Environmental Law Research Foundation (WCELRF) is a non-profit charitable society devoted to legal research and education aimed at protection of the environment and promotion of public participation in environmental decision making. It operates in conjunction with the West Coast Environmental Law Association (WCELA), which provides legal services to concerned members of the public for the same two purposes.
This report has been inspired by the growing interest of citizens, landowners, conservation organizations and real estate professionals in British Columbia to be involved in initiatives to preserve and protect privately owned lands for ecological reasons. It is intended to provide information about legal tools that may be used to strengthen those efforts and to encourage the development of the law in this area.
The views expressed in this report are those of the authors and the West Coast Environmental Law Research Foundation.
Readers are reminded that this report is educational and does not constitute legal advice. Readers wishing to become involved in specific land transactions or conservation of a particular piece of land are strongly urged to seek legal advice from a lawyer.
barbara findlay and Ann Hillyer
Vancouver, December 1993
Douglas Fir (Bluff Park)
Photo: Brian Mitchell
The authors are indebted to the staff at the West Coast Environmental Law Research Foundation, particularly William J. Andrews, Linda Nowlan, Christopher Rolfe, Carol Reardon and Murray Mollard for their helpful comments and editing; Catherine Ludgate, Denice Regnier, Morgan Ashbridge and Kim Stanton for copy editing, production and desktop publishing; and Patrick Roy and Christopher Heald for computer support.
We would also like to give special thanks to Galiano Island landscape painter and photographer, Brian Mitchell, for his excellent photographs; to Dorothy Elias for developing barbara findlay's photographs; and to Paperchoice and Don Baker of Classic Printing for helping us find environmentally preferable paper and ink.
This report was funded by the Real Estate Foundation of British Columbia. Special thanks are owed to Tim Pringle, Executive Director of the Real Estate Foundation, for encouragement, helpful discussion and direction. We are pleased to acknowledge that the Law Foundation of British Columbia provides core funding for the West Coast Environmental Law Research Foundation.
We owe particular thanks to Marc Denhez for his materials on taxation which appear in Appendix A, and for his willing assistance in relation to taxation of ecologically sensitive lands.
Many individuals helped in the preparation of this study. We would like to thank the following people with whom we consulted in the course of our research: Alan Andison, B.C. Ministry of Environment, Lands and Parks; Alice Antonelli, Friends of Rowbotham Ridge; David Arnatt, Colliers Macaulay Nicolls Inc.; Judy Atkins, Barrister & Solicitor; Tyhson Banighen, Turtle Island Earth Stewards; Tim Bekhuys, Tera Planning; Michael Bocking, Landscape Architecture Ltd.; Hilary Brown; Michael Candler; Carolyn Canfield, Galiano Conservancy Association; Jeremy Collins, Ontario Heritage Foundation; Pamela Cowtan, Islands Trust; Ken Cox, North American Wetlands Conservation Council; Diane Cragg, Islands Trust; Marco d'Agostini, Vancouver City Hall; Dwight Dodge, Quesnel Telegraph Trail Preservation Society; Ron Erickson, Nature Trust of British Columbia; Greg Filyk, Wildlife Habitat Canada; Olivia & John Fletcher; Boris Fodchuk, Barrister & Solicitor; Chuck Gahr, Nanoose Property Owners and Residents Association; Sally Goldes, Friends of Rowbotham Ridge; John A. Grant, Nature Conservancy of Canada; Sarah Groves, Environmental Planner; Ray Halladay, Pacific Coast Joint Venture; Herb and Susan Hammond, Silva Ecosystem Consultants; Cynthia Hawksworth, Islands Trust; Chris Hilliar, Department of Fisheries and Oceans; Kathleen Horsdale, Island Watch Society; Bill Huot, B.C. Ministry of Tourism and Ministry Responsible for Culture; Maureen Ipsen, Friends of Parksville Flats; Lindsay Jones, Nature Trust of British Columbia; Des Kennedy, Denman Conservancy Association; Nora Layard, Conservation Consultant; David Loukidelis, Barrister & Solicitor; Kelly MacDonald, Barrister & Solicitor; Alice Jean Mackay; Sandra McCallum, Professor, University of Victoria; Michael Mascal, Coast Islands Conservancy; Ken Millard, Galiano Conservancy Association; Linda Millard, Galiano Conservancy Association; Nancy Morgan, Barrister & Solicitor; Hallie Muir; Dave Phelps; Ron Pither, Coast Island Conservancy; Bob Purdy, Land for Nature Program; Pat Ringwood, B.C. Ministry of Environment, Lands and Parks; Gary Runka, Land Sense Ltd.; Ken Ryan, Friends of Parksville Flats; Pat Ryan; Kent Sedgwick; Tom Slater, Ducks Unlimited Canada; Ben van Drimmelen, Barrister & Solicitor; Bob Walker, B.C. Ministry of Environment, Lands and Parks; Bill Wareham, Ducks Unlimited Canada; and Judith Wright, Surge Narrows Community Association.
Finally, we would like to express our sincere thanks to the dozens of other individuals and groups who shared their stories and experiences with us. This report reflects your deep commitment that what is here today will be here tomorrow.
The views expressed are those of the authors and the West Coast Environmental Law Research Foundation. Any errors and omissions are, of course, solely the responsibility of the authors.
West Coast Environmental Law web site
-- Last modified on 12/02/03.
