Policy 3.2.8 Covenant Enforcement

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ISLANDS TRUST CONSERVANCY POLICY MANUAL 
 
ISLANDS TRUST CONSERVANCY 
BOARD POLICY 
 
 
 
 
Policy number: 3.2.8 
 
Title:  Covenant Enforcement Policy 
 
Approved By:  Islands Trust Conservancy Board       
 
  Date:  April 9, 2009 Resolution #: TFB 09/1054 
 
PURPOSE 
To establish a covenant enforcement policy for covenants held by the Islands Trust Conservancy 
Board in order to maintain continued covenant compliance. 
BACKGROUND 
The Canadian Land Trust Alliance Standards and Practices for Land Trusts requires land trusts to 
have a policy detailing how they will respond to potential violations of conservation covenants, 
including  the  role  of  all  parties  involved  (such  as  board  members,  volunteers,  staff  and 
partners) in any enforcement action. Taking a consistent approach to enforcement is critical to 
both  protect  the  ecological  values  of  the  covenanted  land,  and  to  ensure  the Islands  Trust 
Conservancy retains  its  ability  to  enforce  the  covenant  should  legal  action  become  necessary.  
Currently,  the Islands  Trust  Conservancy and  its  staff  conduct  breach  investigations  and 
respond to violations on a case by case basis.  This policy will provide guidelines to the Islands 
Trust Conservancy Board and staff for covenant enforcement. 
Policy 
A.  Policy - Breach Investigation 
1. The Islands Trust  Conservancy has both the  authority  and  the  responsibility,  as  a  covenant 
holder,  to  monitor  and  enforce  compliance  with  the  terms  of  its  covenants.    Where  there 
may  be  a  breach  of  a  covenant,  it  is  the Islands  Trust  Conservancy’s responsibility to 
investigate the suspected breach. 
 

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ISLANDS TRUST CONSERVANCY POLICY MANUAL 
2.  The Islands  Trust  Conservancy may  undertake a covenant  breach  investigation  in  the 
following circumstances: 
 
(a) a covenant breach is observed through an annual monitoring visit; 
(b) a  written  or  oral  complaint of  a  breach  by any  person  is  submitted to the Islands Trust 
Conservancy; 
(c) the Islands  Trust  Conservancy staff  or  contractors  to  the Islands  Trust  Conservancy 
observe a breach;  
(d) a  referral  is  received  from  a  permitting  agency  that  identifies  covenant  breaches 
associated with the permit request; or 
(e) the Islands  Trust  Conservancy receives  information  from  any  other  reliable  source  that 
there may be a covenant breach. 
 
3. Breach   investigation   will   follow   the   Breach   Investigation   and   Covenant   Enforcement 
Procedure, ITC 09002. 
 
4. In the case of jointly held covenants, the co-covenant holder will be contacted immediately 
and  a  course  of  action  for  investigation  of  the  breach  will  be  determined  collaboratively 
whenever possible. 
 
5. Persons  whose  actions  are  being  investigated  in  relation  to  covenant  breaches  will  be 
instructed to cease the activity and will be given the opportunity, where possible, to achieve 
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