- Adopt a written policy and develop written procedures for documenting and responding to potential conservation agreement violations.
- Investigate potential violations in a timely manner and promptly document all actions taken.
- Involve pertinent parties, authorities and legal counsel as appropriate to the severity of the violation and the nature of the proposed resolution.
- For conservation agreements that have been certified as an ecological gift, report violations that have impacted the natural features of the property to Environment and Climate Change Canada.
Background
When a land trust accepts a conservation agreement, it also accepts the responsibility to enforce that agreement in the event it is violated, and to defend it from challenges. Land trusts facing their first enforcement action often wish they had a formal policy or written procedure to follow governing contact with landowners, board and staff roles, lawyer involvement, and steps to take in the event a potential violation is discovered. This practice calls for all conservation agreement holding land trusts to develop such a policy or procedure. These policies and procedures should ensure that all discussions and actions taken are recorded and that all copies of correspondence and documents are retained and kept in a safe location. In addition, land trusts must be prepared for enforcement actions and should have access to appropriate legal counsel and the financial resources to pursue the enforcement. Every land trust should promptly address every conservation agreement violation. Landowners and conservation organizations should consider what types of dispute resolutions they want included in the conservation agreement. It should be noted, however, that a strong landowner contact and relations process is the best practice for avoiding breaches of the conservation agreement.