NEWS RELEASE
CONSERVATION COVENANT UPHELD BY SUPREME COURT OF BRITISH COLUMBIA
Land trust fights to uphold conservation covenant that protects urban habitat for wildlife
FOR RELEASE: August 31, 2021
Victoria, BC – The protection of 2-acres of bird and wildlife sanctuary in Coquitlam was upheld by the Supreme Court of British Columbia this summer after a landowner petitioned to have a conservation covenant held by The Land Conservancy of British Columbia (TLC) removed from property title. The conservation covenant was registered on title voluntarily by the property owner and TLC in 2005 to protect habitat in perpetuity. The conservation covenant restricts development and preserves the mature second growth forest for the benefit of wildlife including a variety of amphibians, birds, and mammals that regularly frequent the site in their migrations between the Pinecone Burke Provincial Park and the Pitt River.
Conservation covenants are a voluntary means by which landowners can protect areas of ecological significance in partnership with an authorized covenant-holding organization. Covenants remain on title independent of future ownership changes. In B.C., land trusts like TLC hold more than 1,200 covenants on properties including riparian areas, shorelines, forests, and grasslands. TLC’s 240 covenants protect more than 12,000 acres.
Seeking to gain greater financial benefit from the sale of the property without the covenant on title, the petitioner argued that the importance of the habitat had been diminished because the neighbourhood surrounding the property had been developed subsequent to the covenant being registered on title. In her ruling, Justice Lamb sided with TLC and third-party environmental experts that the protection of urban greenspace is more critical than ever as densification occurs.
“[T]he Property is an important refuge from the pressures of urbanization,” said Justice Lamb in her Reasons for Judgement. “A variety of bird species continue to frequent the Property to visit the bird feeders and to build nests in the forest. The forest offers sanctuary and nourishment to small mammals and amphibians.”
“We are pleased that Justice Lamb upheld the conservation community’s efforts to protect biological diversity and this wildlife sanctuary,” said Cathy Armstrong, TLC Executive Director. “We continue to work with landowners to ensure our conservation covenants are upheld, and to protect new at-risk habitats. As TLC currently has 11 new covenants in the works with landowners across the province, this ruling supports the importance of such conservation methods and showcases that land trusts will have to continue to fight to uphold their intent.”
For more information about TLC’s conservation covenant program, please visit www.conservancy.bc.ca, email membership@conservancy.bc.ca, or call TLC at 1-877-485-2422.
About
The Land Conservancy of B.C. (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. Learn more about TLC by visiting www.conservancy.bc.ca.
Media contacts:
Cathy Armstrong
TLC Executive Director
Office (250) 479-8053
Cell (250) 588-4945
Email carmstrong@conservancy.bc.ca
