Policy 5.3.1 Holding Covenants and Rights of Way

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POLICY – 5.3.1 Holding Covenants and Rights of Way Page 1 
 
Policy: 5.3.1 
Approved By: Trust Council 
Approval Date: December 5, 1992 
Amendment Date(s):   
Policy Holder: Director of Local Planning Services 
 
HOLDING COVENANTS AND RIGHTS OF WAY 
Purpose 
This policy summarizes legislation relating to rights of way and covenants under Sections 218 and 219 of the 
Land Title Act. Each case presents unique circumstances affecting the decision to accept or require such 
instruments and affecting their terms and form. Trust committees shall consult Trust staff and legal counsel 
early in each case in order to determine whether a covenant or right of way is desirable or feasible. 
Background 
1.  Covenants under section 219 of the Land Title Act impose positive or negative obligations regarding 
the use of land. Such covenants bind successor owners of the land in question. 
2.  The possible applications of such covenants are limited only by the terms of Section 219 itself, which 
are summarized in this policy. The limits of Section 219 must always be borne in mind when 
determining whether a covenant is to be entered into. 
A. Definitions 
n/a 
B. Policy 
Statutory rights of way under section 218 of the Land Title Act give the trust committee the right to 
enter and use a specified area of land, e.g. for utility purposes, so long as the right of way is necessary 
for the operation and maintenance of the trust committee's undertaking. 
C. Procedure 
1. Requirements 
1.1  Local trust committee must determine that a covenant needs to be created, 
registered, held and enforced under Section 219 of the Land Title Act. 
1.2  Local trust committee requests planning staff to complete the standard covenant 
format for review by legal counsel or provide instructions to legal counsel to draft a 
covenant to ensure its enforceability and to ensure that it protects the local trust 
committee's interest in the matter. 
  

 
POLICY – 5.3.1 Holding Covenants and Rights of Way Page 2 
 
1.3 Local trust committee must pass a resolution to accept a covenant (either at an actual 
meeting or by resolution without meeting). The resolution should be in the following 
form: 
i.  Be it resolved that: 
1)  The ________ Trust Committee accept from the registered owner of the land 
on _________ Island legally described as __________ a covenant under 
Section 219 of the Land Title Act. 
2)  The ________ Trust Committee be bound by that instrument as a party to it, 
even though it has not been executed by the _______ Trust Committee. 
3)  All necessary steps be taken to register the instrument in the Land Title Office 
against title to the land, at the expense of the registered owner of the land. 
1.4  Execution 
A covenant under Section 219 binds the party granting the covenant to the trust 
committee even if the committee has not signed such an instrument. Therefore, the 
covenant does not need to be signed by the trust committee. 
1.5  Registration 
Once a covenant has been

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