Section 219 Covenants
For a designation application form please click here.
An Alternative Means of Protecting and Preserving Special Areas
A covenant is a voluntary agreement to conserve land or protect features relating to it. It is an agreement between a private land owner and a designated individual or organization registered on the land title and is legally binding on the future owners of the property. A covenant may include provisions that restrict the use of, or require that improvements be maintained on the property for the protection of natural, historical, cultural, architectural, environmental, heritage, scientific, wildlife or plant-life values.
Section 219 covenants are an inexpensive alternative to Crown acquisitions and provide the public with the means to preserve land or its special attributes.
Highlights
- Individuals and non-government organizations are able to register a covenant on private lands.
- Covenants can be created for specific purposes, such as protection, preservation or enhancement, and may be of a positive or negative nature.
- Responsibility for enforcing non-government covenants cannot be turned over to the Crown without consent, thus ensuring the government won't acquire unwanted costs and obligations.
- Administration and paperwork has been kept simple. All that is needed for registration at the Land Title Office is a statement of designation by the Surveyor General on behalf of the Minister of Agriculture and Lands.
- All existing covenants entered into under the Heritage Conservation Act are ensured of continuation under the amended Land Title Act.
- The legislation clarifies the basis for evaluation of properties under the Assessment Act that are subject to a covenant under the amended Land Title Act.
Applying for Designation
Anyone interested in registering and holding a Section 219 covenant must first apply to the Surveyor General Division of the LTSA on behalf of the Minister of Agriculture and Lands to receive approval for appropriate designation. Section 219 covenants may be reassigned through legal transfer, however, the individual or agency receiving the assignment must be designated prior to registration.
Applications should include:
- a statement of whether the applicant is an individual, organization or society. If applying on behalf of a corporation or society, the applicant should indicate the date of incorporation, the incorporation registration number of record (available from the Registrar of Companies), and whether the corporation or society is non-profit in nature;
- a description of the applicant's business and how it relates to holding covenant(s);
- detailed reasons for requesting designation or assignment;
- a description of the nature of the covenant(s) which the applicant wishes to hold;
- the legal description of the lands subject to the covenant (where application is not for a general designation or assignment . . . see below);
- a statement of whether or not any of the lands subject to the covenant lie within an Agricultural Land Reserve (ALR) designation under the Agricultural Land Commission Act; and
- designated agencies (click here to view the list)
General Designations
Registered non-profit organizations or societies can apply for general designation or assignment so they may enter into covenants without requiring designation or approval of assignment for each covenant.
Individual Designations
Persons or organizations that are not of a non-profit nature may apply for individual designations or assignments in order to protect specific parcels of private land.
Designations within Agricultural Land Reserve
The designate must obtain the written consent of the Agricultural Land Commission prior to registering a covenant affecting title to lands that lie within an Agricultural Land Reserve as designated under the Agricultural Land Commission Act, 2002.
The onus of proof, that lands to be encumbered by a covenant lie within an Agricultural Land Reserve, must be verified and attested to by the designate.
Additional Information
Additional information is available from the West Coast Environmental Law Research Foundation. Their Web site contains excellent publications on all aspects of conservation covenants.
To apply for designation or for further information please contact:
Surveyor General Division
Land Title & Surveyor Authority
PO Box 9390
Victoria, British Columbia
Canada, V8W 9M8
Phone (250) 952-5021
Fax (250) 387-1830
For a designation application form please click here.
Please submit applications to hold covenants to: Surveyor.General@ltsa.ca
