TLC will request Court permission to transfer conservation properties to the Nature Conservancy of Canada and The Nature Trust of BC

/TLC will request Court permission to transfer conservation properties to the Nature Conservancy of Canada and The Nature Trust of BC



TLC will request permission to transfer conservation properties to the
Nature Conservancy of Canada and The Nature Trust of BC


Victoria, BC – The Land Conservancy of B.C. (TLC) will seek the approval of the Supreme Court of B.C. to transfer 27 conservation properties to The Nature Trust of B.C. (TNTBC) and The Nature Conservancy of Canada (NCC) on July 28.

The transfers are identified in TLC’s approved Plan of Arrangement, the document, which details how and when secured and unsecured creditors will be paid. The Plan was endorsed by creditors with overwhelming support on March 30, 2015, and subsequently sanctioned by the Honourable Madame Justice Fitzpatrick of the Supreme Court of B.C. on April 2, 2015.

Properties to be transferred to NCC/TNTBC include South Winchelsea Island, Talking Mountain Ranch, Wycliffe Wildlife Corridor, and the Horsefly River Riparian Conservation Area, among others.

A technical change to TLC’s by-laws would have facilitated the transfer with member approval. This request was not supported due to concerns regarding the implications for Wildwood Ecoforest. Upon recommendation of legal counsel, TLC will request the Court lift the inalienable designation on the subject properties that are to be transferred to NCC/TNTBC. This will allow properties in the first tranche of the Plan to be transferred without any change in TLC’s bylaws and will keep TLC’s Plan of Arrangement on track.

According to the approved Plan of Arrangement, Wildwood Ecoforest is scheduled to be transferred in the second tranche of properties by April 2016 depending on completing due diligence and Court approval.

“The transfer of the 27 properties to NCC and TNTBC are critical to TLC’s ability to pay our creditors and protect our precious properties,” said John Shields, Director of Operations for TLC. “After two years of careful planning to get this far in our Plan, it is my hope our Court date will succeed in approving these important transfers.”

Funds from the sales of properties to NCC and TNTBC will pay TLC creditors according to the agreed upon Plan.

“The Board and I are so grateful to The Nature Trust of B.C. and The Nature Conservancy of Canada,” said Briony Penn, Chair of TLC’s Board of Directors. “TLC would not have found a solution to its financial difficulties without the support of such like-minded organizations.”

About The Land Conservancy of BC:

The Land Conservancy of BC (TLC) is a non-profit, charitable Land Trust working throughout British Columbia. TLC’s primary mandate is to benefit the community by protecting habitat for natural communities of plants and animals. Founded in 1997, TLC is membership-based and governed by an elected, volunteer Board of Directors. TLC relies on a strong membership and volunteer base to help maintain its operations.

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Media contacts: John Shields, TLC Director of Operations (250) 479-8053

By | 2016-10-26T18:37:55+00:00 July 21st, 2015|Press Release, Wildwood Ecoforest|1 Comment

One Comment

  1. Kathy Code July 27, 2015 at 8:30 am - Reply


    The question to ask yourself is pretty simple: Do you believe Wildwood should be held by private interests? If not, please hear us out.

    The Ecoforestry Institute Society and the Wildwood Protectors have willingly taken up the work of defending the property and Merv Wilkinson’s legacy. We are part of the TLC family and we understand that TLC members are upset with the June 12th vote where TLC failed to obtain the requisite 75% vote to pass their proposed bylaw amendment.

    Wildwood supporters would like you to know the following:

    • The problem with the TLC proposed amendment was that it included the Plan of Arrangement provisions that affect Wildwood. The POA contains the $860,000 private interest deal that had been submitted, then withdrawn, then is anticipated to reappear at some point in the near future. Wildwood supporters could not take the chance that the vote would allow Wildwood to be given over to the private interests. Do you know what this private deal is all about? Neither do we. Has it reappeared?
    • Wildwood supporters are part of the TLC family and have a right to vote. We are disappointed that TLC members are not hearing our message that Wildwood is at risk and that it must not fall into private hands.
    • Wildwood supporters did not write the TLC Special Resolution 75% requirement. It’s not our fault TLC failed to run a meeting that follows their own bylaws. The motion was defeated whether by proxy or by in person vote. Wildwood supporters came with proxy votes as well, which didn’t count in the end.
    • Wildwood supporters came to the meeting prepared with alternate motions that would have protected Wildwood from private interests. These motions were disallowed by the TLC chair.
    • In the hours leading up to the vote, EIS provided wording for a Binding Declaration that would have protected Wildwood and saved the vote. TLC declined to sign.
    • TLC proposed a Binding Declaration, which even their legal counsel admitted did not protect Wildwood from private interests.
    • Maybe it’s time that you asked the TLC board what the private interest deal is all about. We were promised openness and transparency regarding the deal at the June 12th meeting. That never happened. EIS and the WP have been asking the hard questions. You should too.
    • Some of the questions: why does TLC favour the private deal? What is the private deal? Don’t the TLC directors have a responsibility to ensure the membership is fully informed, along with the court and the court monitor? Why is TLC risking it all for a private deal? Why is TLC disrespecting a non-profit charitable society consisting of highly experienced and credentialed professionals who have given freely of their time, money and talents to steward Wildwood during the past 14 years?

    Please send us your comments, either here or on the Wildwood Ecoforest Facebook page. We want to hear you.

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