- Incorporate or organize according to the requirements of provincial or federal law and maintain legal status.
- Operate in accordance with established bylaws.
- Review the bylaws at least once every five years to ensure consistency with current operations, the organizing documents and provincial and/or federal law.
Background
A land trust that raises money and holds conservation agreements is advised to incorporate as a non-profit corporation, following the appropriate provincial or federal incorporation statute. Incorporation is not a prerequisite for obtaining federal (and sometimes provincial) charitable status but provides a legal mechanism that gives the organization separate legal status and thereby can distance the liabilities of the land trust itself from its membership.
Land trusts that wish to own property under the land trust’s name must be incorporated. Bylaws outline the basic operating procedures of the land trust and should be reviewed regularly pages.