Restrictive Covenants and Conservation Easements

Natural Areas Protection Act (NAPA)

The goal of this restrictive covenant is to preserve exceptional or rare habitats and areas of special importance to wildlife with more non-intrusive, hands off management. Under this agreement, allowable activities prescribed in property specific management plans are very restrictive.

Restrictions include:

No large-scale vegetation cutting (trails may be permitted subject to oversight)
Restricted vehicle use
No permanent structures
No pavement, asphalt, ditching, excavation etc

Under NAPA, the landowner retains ownership and restrictions registered against the deed in perpetuity. On private land, the designation CANNOT be rescinded, even if land is sold to someone else. Due to the restrictiveness, the landowner relinquishes almost all developmental ability and all property taxes are forgiven on designated lands. Designation is proposed by Fish and Wildlife and decision is made by Cabinet.

Please note that all lands designated under NAPA do not count against an individual’s/corporation’s land holding limits.

Conservation Agreement through the Wildlife Conservation Act (WCA)

The goal of a Conservation Agreement is to protect and conserve wildlife habitat. Conservation of these areas allows for more active management to maintain certain habitat features (grasslands, managed forests etc.). A Conservation Agreement is less restrictive in terms of allowable activities.

Restrictions include:
• Land conversion to different land use. (i.e. a forest cannot be converted to an agricultural field or subdivision).

Other activities are generally permitted, and contents of the agreement are negotiated between the landowner and Forests, Fish and Wildlife. Under this agreement, the landowner retains ownership of the land and restrictions are registered against the deed for the term of the agreement. Under these terms:

An agreement is made between the landowner and the Minister of Environment
The term is not automatically in perpetuity and allows for agreements to expire in 20+ years
The agreement ensures that habitat is conserved should lands be sold/willed, which can be important for legacy planning

Depending on the specifics of the agreement, partial property tax relief may be available to landowners. Designation is proposed by Forests, Fish and Wildlife, and decision is made by Minister of Environment.

*Please note that lands designated under a conservation agreement does not provide any relief against the corporate land holding limits.