H. Amendments

  1. Adopt and follow a written policy or procedure addressing conservation agreement amendments so that they are consistent with the following principles:
    1. Are consistent with the land trust’s mission
    2. Comply with all applicable provincial and federal laws
    3. Do not jeopardize the land trust’s charitable status
    4. Do not result in a private or undue benefit
    5. Are consistent with the conservation purpose(s) and intent of the conservation agreement
    6. Are consistent with the documented intent of the donor, grantor and any funding source
    7. Have a net beneficial or neutral effect on the relevant conservation values protected by the conservation agreement
  2. Evaluate all conservation agreement amendment proposals with due diligence sufficient to satisfy the above principles
  3. If an amendment is used to adjust conservation agreement boundaries (such as to remedy disputes or encroachment) and results in a de minimis extinguishment, document how the land trust’s actions address the terms of J.1. below
  4. Request authorization from the Minister of Environment and Climate Change Canada for amendments to conservation agreements certified as ecological gifts