RECOMMENDATIONS

This situational analysis confirms a high need for additional investment in the private land conservation community to ensure:

  • effective management of their conservation agreements and stewardship of their lands so that the conservation benefits of these properties flourish in perpetuity
  • access to sufficient and effective legal resources to protect their lands and conservation agreements, emphasizing the imperative of treating the private land conservation sector as a whole with respect to their vulnerability to legal challenge

Given the multiple benefits of private land conservation and linkages to priorities of Canadians and governments, the potential contribution of private land conservation to reconciliation with Indigenous peoples, and the unique challenges faced by the private land conservation sector with respect to the long-term stewardship and legal defence of conservation lands and agreements, the CLC recommends that an in-depth two-part feasibility study be undertaken on how best to:

  1. Increase financial support for stewardship and the ongoing operations of private land conservation organizations for durable conservation outcomes, including assessment of such options as:
    • Adjusting current funding programs to provide endowment funding match as part of each funded project
    • Enhancing or establishing annual funding programs for “core” stewardship activities for which it is difficult to raise funds, for example, property management plans, conservation agreement monitoring, core stewardship staff
    •  Creating a separate program focused on matching endowment contributions to provide stability to the sector as a whole

1.1 In relation to the matching endowment option, as the Canada Cultural Investment Fund provides an interesting and proven model for supporting and sustaining the operations of not-for-profit charitable organizations, the Centre for Land Conservation recommends that the feasibility study include examination of how a program similar to the Canada Cultural Investment Fund could be modeled and adapted to support capacity building for the private land conservation community. Additional considerations in relation to the Canada Cultural Investment Fund are found in Appendix 1

1.2 With respect to the nature and key elements of a feasibility study related to stewardship, the Centre for Land Conservation recommends:

  1.    Engaging key constituencies and experts including private land conservation organizations and other stakeholders, legal, investment and tax professionals, community foundations, Indigenous leaders, government and donors through surveys, interviews and in-person workshops
  2.    Researching investment of endowment funding, particularly the potential role and involvement of foundations, such as community foundations
  3.    Addressing policy considerations such as match funding requirements/ratios, distribution of contributions from funders, priority areas for investment based on external factors such as urgency for nature protection at the regional level, eligibility of organizations including due diligence and risk management considerations
  4.    Addressing design and governance considerations related to a stewardship endowment initiative
  5.    Developing the means to measure impact by identifying key metrics to track progress and report on impact over time

1.3 The time frame for the completion of this report did not permit extensive consultations with Indigenous organizations and communities. In this regard, the Centre for Land Conservation recommends that the utility of a stewardship endowment initiative to other organizations be examined including engagement with Indigenous communities working to establish Indigenous Protected and Conserved Areas.

 2. Assess the level of risk now and in the future that private land conservation organizations may face, to scope effective and efficient ways to provide legal protection for the fee simple lands and conservation agreements they hold, and to explore in particular what the model of an insurance reciprocal program offers to meet their

2.1 As the Terrafirma program in the United States provides an effective and proven insurance reciprocal model for providing sector-wide legal defence support, the Centre for Land Conservation recommends that the feasibility study include examination of how a program similar to Terrafirma could be modeled and adapted to support the private land conservation community. Additional considerations in relation to Terrafirma are found in Appendix II.

2.2 With respect to the nature and key elements of a feasibility study related to legal protection, the Centre for Land Conservation recommends:

  • Conducting a personalized study of the risks the sector could be facing over the next few decades and the potential size of protection fund needed
  • Engaging key constituencies and experts, including private land conservation organizations and government stakeholders, legal, investment and insurance professionals, foundations, Indigenous leaders and donors through surveys, interviews and workshops
  • Comparing the type and scale of program and minimal thresholds needed to deliver value to the whole sector, including start up funding needs and potential funders, plus ongoing costs and how they will be sustained
  • Outlining a process of integrating standards and practices to establish a pathway for continuous improvement within the sector
  • Linking with conservation outcomes and Indigenous reconciliation practices at the regional to national level

2.3  Additional research and consultation is needed related to the scope of potential risks of the private land conservation sector such as:

  • the potential misalignment of government policies/programs that may create legal issues or obstacles for organizations
  • the impact of planning laws on the assessed value of a conservation agreement
  • how designated land uses undermine the goals of permanent protection