Policy 5.3.5 LTCs in Holding Conservation Covenants

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Policy – Best Practices for LTCs in Holding Conservation Covenants Page 1 
 
Policy: 5.3.5 
Approved By: Trust Council 
Approval Date: June 17, 2005 
Amendment Date(s):   
Policy Holder: Director of Local Planning Services 
 
BEST PRACTICES FOR LOCAL TRUST COMMITTEES IN 
HOLDING CONSERVATION COVENANTS 
Purpose 
To identify best practices and establish standards for local trust committees (LTC) that intend to hold 
conservation covenants. 
Note: To date, the best legal interpretation of best practices for conservation covenants is included in a 
publication by the West Coast Environmental Law Research Foundation entitled “Greening Your Title: A Guide 
to Best Practices for Conservation Covenants -- Second Edition” (Hillyer and Atkins, 2005). Relevant quotes from 
this document are included below in italics for information. 
A. Background 
Statutory covenants under section 219 of the Land Title Act can impose both positive and negative 
obligations on a landowner. These statutory covenants can and have been used by LTC’s for a variety 
of purposes. 
“Conservation” covenants are designed specifically for conservation purposes.  Although the term 
“conservation covenant” is not used in the Land Title Act, it is a term that is identified by the public as 
having a specific meaning and intent. In particular, it is expected that a conservation covenant will do 
the following: 
 it will protect the particular values identified in the covenant (be they ecological, cultural or 
heritage); 
 it is enforceable; and 
 it will “run with the land”, bind future owners and last in perpetuity. 
 
Local trust committees occasionally hold conservation covenants. These covenants may or may not be 
developed in relation to development approvals. In some cases, development applications are 
approved or regulations are relaxed because a property owner agrees to provide a conservation 
covenant designed to protect certain values of importance to a community. These matters are usually 
discussed during a formal public process such as a public hearing. As a result, community members 
may rely heavily on conservation covenants to guide details of development that are not addressed by 
zoning or other regulations. 
These understandings create long term expectations and obligations for both the property owner and 
for a LTC, as the covenant holder.  
  

 
Policy – Best Practices for LTCs in Holding Conservation Covenants Page 2 
Recent case law regarding conservation covenants reinforces the need for organizations that hold 
conservation covenants to follow good practices when they enter into and manage them. The 
enforcement of conservation covenants can be expensive and time consuming. The Islands Trust will 
need to ensure, when it decides to commit legal funds to the defence of a conservation covenant, that 
the development and management of the covenant have followed good practices consistent with 
current legal practice. 
B. Best Practices 
To ensure that conservati

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