2011-c.130 — Conservation Easements Act

s. 1 — Definitions

The following definitions apply in this Act. 1998, c.C-16.3, s.1; 2004, c.20, s.14; 2010, c.H-4.05, s.114; 2012, c.39, s.53; 2012, c.52, s.17; 2016, c.37, s.36; 2019, c.29, s.169; 2024, c.28, s.16

s. 1 — conservation-easement

“conservation easement” means a conservation easement within the meaning of section 2. (servitude écologique)

s. 1 — minister

“Minister” means(ministre)

s. 1(a) — Definitions

(a) the Minister of Tourism, Heritage and Culture, and includes any person designated by the Minister to act on the Minister’s behalf, in the case of a conservation easement granted for the purposes of paragraph 3(g); and

s. 1(b) — Definitions

(b) the Minister of Natural Resources, and includes any person designated by the Minister to act on the Minister’s behalf, in the case of all other conservation easements.

s. 1 — registrar

“registrar” means a registrar under the Registry Act or under the Land Titles Act. (registrateur)

s. 2 — Nature of a conservation easement

1998, c.C-16.3, s.2

s. 2(1) — Nature of a conservation easement

A conservation easement is a voluntary agreement entered into between the grantor of the conservation easement and the holder of the conservation easement that

s. 2(1)(a) — Nature of a conservation easement

(a) grants rights and privileges to the holder of the conservation easement respecting land that relate to the purposes for which the conservation easement is granted, and

s. 2(1)(b) — Nature of a conservation easement

(b) may impose obligations, either positive or negative, on the holder of the conservation easement, the grantor of the conservation easement or any subsequent owner of the land respecting that land that relate to the purposes for which the conservation easement is granted.

s. 2(2) — Nature of a conservation easement

A conservation easement may exist for a fixed term or for perpetuity.

s. 2(3) — Nature of a conservation easement

No acts done by the holder of a conservation easement or by a person claiming through the holder of a conservation easement, either during the term of the conservation easement or after the conservation easement is terminated, in relation to the land to which the conservation easement relates shall be construed as against any person to give rise to possessory or prescriptive property rights or privileges beyond those rights and privileges expressly granted in the conservation easement, even if the acts exceed the rights or privileges granted by the conservation easement.

s. 2(4) — Nature of a conservation easement

Subject to this Act, a conservation easement runs with the land to which the conservation easement relates for the period set out in the conservation easement and is enforceable by the holder of the conservation easement, whether the conservation easement is positive or negative in nature, against the grantor of the conservation easement or any subsequent owner of the land even though the holder of the conservation easement owns no other land that would be accommodated or benefited by the conservation easement.

s. 3 — Purpose of a conservation easement

A conservation easement shall be granted only for one or more of the following purposes: 1998, c.C-16.3, s.3; 2010, c.H-4.05, s.114

s. 3(a) — Purpose of a conservation easement

(a) the conservation of ecologically sensitive land;

s. 3(b) — Purpose of a conservation easement

(b) the protection, enhancement or restoration of natural ecosystems;

s. 3(c) — Purpose of a conservation easement

(c) the protection or restoration of wildlife habitat or wildlife;

s. 3(d) — Purpose of a conservation easement

(d) the conservation of habitat of rare or endangered plant or animal species;

s. 3(e) — Purpose of a conservation easement

(e) the conservation or protection of soil, air, land or water;

s. 3(f) — Purpose of a conservation easement

(f) the conservation of significant biological, morphological, geological or palaeontological features;

s. 3(g) — Purpose of a conservation easement

(g) the conservation of places of value due to their archaeological, palaeontological, historic, cultural, natural, scientific or design importance;

s. 3(h) — Purpose of a conservation easement

(h) the protection or use of land for outdoor recreation;

s. 3(i) — Purpose of a conservation easement

(i) the use of land for public education; and

s. 3(j) — Purpose of a conservation easement

(j) any other purpose prescribed by regulation.

s. 4 — Who may grant a conservation easement

1998, c.C-16.3, s.4; 2005, c.7, s.14; 2017, c.20, s.40

s. 4(1) — Who may grant a conservation easement

Any owner of land in fee simple may grant a conservation easement.

s. 4(2) — Who may grant a conservation easement

An owner of land may grant more than one conservation easement respecting that land if there is no conflict between the rights and privileges granted and the obligations imposed by the conservation easements.

s. 4(3) — Who may grant a conservation easement

The Crown in right of the Province, the Crown in right of Canada or a local government may grant a conservation easement to itself or to anyone eligible to be the holder of a conservation easement.

s. 5 — Who may hold a conservation easement

Any of the following may hold a conservation easement: 1998, c.C-16.3, s.5; 2005, c.7, s.14; 2017, c.20, s.40

s. 5(a) — Who may hold a conservation easement

(a) the Crown in right of the Province or any agency of the Crown in right of the Province;

s. 5(b) — Who may hold a conservation easement

(b) the Crown in right of Canada or any agency of the Crown in right of Canada;

s. 5(c) — Who may hold a conservation easement

(c) a local government or an agency of a local government;

s. 5(d) — Who may hold a conservation easement

(d) Repealed: 2017, c.20, s.40

s. 5(e) — Who may hold a conservation easement

(e) a non-profit corporation that has as one of its primary purposes a purpose mentioned in section 3; and

s. 5(f) — Who may hold a conservation easement

(f) any person, body or group or class of persons, bodies or groups eligible to hold an interest in land and prescribed by regulation for the purposes of this paragraph.

s. 6 — Registration of a conservation easement

1998, c.C-16.3, s.6

s. 6(1) — Registration of a conservation easement

The holder of a conservation easement shall submit the conservation easement for registration in the appropriate land registration office.

s. 6(2) — Registration of a conservation easement

The registrar of the land registration office to which a conservation easement is submitted for registration shall register the conservation easement if the conservation easement

s. 6(2)(a) — Registration of a conservation easement

(a) contains the information required by regulation to be included in a conservation easement, and

s. 6(2)(b) — Registration of a conservation easement

(b) is, in the opinion of the registrar, fit for registration.

s. 6(3) — Registration of a conservation easement

A conservation easement has no effect until the conservation easement has been registered in accordance with this Act in the appropriate land registration office.

s. 6(4) — Registration of a conservation easement

The holder of a conservation easement shall, within 30 days after registration of the conservation easement, forward a copy of the conservation easement to the Minister.

s. 7 — Priority of other interests

1998, c.C-16.3, s.7

s. 7(1) — Priority of other interests

A conservation easement registered under this Act does not have priority over an interest in the land to which the conservation easement relates registered or filed in the appropriate land registration office before the registration of the conservation easement.

s. 7(2) — Priority of other interests

The registration of a conservation easement under this Act does not abrogate or derogate from any authority or right under any other act or regulation to expropriate land.

s. 8 — Amendment of a conservation easement

1998, c.C-16.3, s.8

s. 8(1) — Amendment of a conservation easement

A conservation easement may be amended by a written agreement between the holder of the conservation easement and the owner of the land to which the conservation easement relates.

s. 8(2) — Amendment of a conservation easement

A written agreement referred to in subsection (1) shall be submitted for registration in the appropriate land registration office.

s. 8(3) — Amendment of a conservation easement

The registrar of the land registration office to which a written agreement referred to in subsection (1) is submitted for registration shall register the written agreement if the written agreement is, in the opinion of the registrar, fit for registration.

s. 8(4) — Amendment of a conservation easement

An amendment of a conservation easement has no effect until the written agreement referred to in subsection (1) has been registered in accordance with this Act in the appropriate land registration office.

s. 8(5) — Amendment of a conservation easement

The holder of a conservation easement shall, within 30 days after registration of the written agreement referred to in subsection (1), forward a copy of the written agreement to the Minister.

s. 9 — Assignment of a conservation easement

1998, c.C-16.3, s.9

s. 9(1) — Assignment of a conservation easement

A conservation easement may, subject to any terms in the conservation easement, be assigned by the holder of the conservation easement to anyone eligible to be the holder of a conservation easement.

s. 9(2) — Assignment of a conservation easement

An assignment of a conservation easement shall be submitted for registration in the appropriate land registration office.

s. 9(3) — Assignment of a conservation easement

The registrar of the land registration office to which an assignment of a conservation easement is submitted for registration shall register the assignment if the assignment is, in the opinion of the registrar, fit for registration.

s. 9(4) — Assignment of a conservation easement

An assignment of a conservation easement has no effect until the assignment has been registered in accordance with this Act in the appropriate land registration office.

s. 9(5) — Assignment of a conservation easement

The holder of an assignment of a conservation easement shall, within 30 days after registration of the assignment, forward a copy of the assignment to the Minister.

s. 10 — Termination of a conservation easement

1998, c.C-16.3, s.10; 2023, c.17, s.40

s. 10(1) — Termination of a conservation easement

A conservation easement may be terminated

s. 10(1)(a) — Termination of a conservation easement

(a) by a written agreement between the holder of the conservation easement and the owner of the land to which the conservation easement relates, or

s. 10(1)(b) — Termination of a conservation easement

(b) by The Court of King’s Bench of New Brunswick on application

s. 10(1)(b)(i) — Termination of a conservation easement

(i) by the holder of the conservation easement or the owner of the land to which the conservation easement relates, if the Court is of the opinion that continuation of the conservation easement would produce a severe hardship for the applicant, or

s. 10(1)(b)(ii) — Termination of a conservation easement

(ii) by any person whom the Court determines has a sufficient interest, when the holder of the conservation easement dies or ceases to exist.

s. 10(2) — Termination of a conservation easement

A conservation easement may be discharged by registering in the appropriate land registration office

s. 10(2)(a) — Termination of a conservation easement

(a) if the conservation easement is terminated under paragraph (1)(a), the written agreement referred to in paragraph (1)(a), or

s. 10(2)(b) — Termination of a conservation easement

(b) if the conservation easement is terminated under paragraph (1)(b), a Court order obtained under paragraph (1)(b) directing the registrar to discharge the conservation easement.

s. 10(3) — Termination of a conservation easement

The registrar of the land registration office to which a written agreement referred to in paragraph (1)(a) is submitted for registration shall register the written agreement if the written agreement is, in the opinion of the registrar, fit for registration.

s. 10(4) — Termination of a conservation easement

The owner of the land to which the conservation easement relates shall, within 30 days after registration of the written agreement referred to in paragraph (1)(a) or a Court order obtained under paragraph (1)(b), forward a copy of the written agreement or the Court order, as the case may be, to the Minister.

s. 10(5) — Termination of a conservation easement

When the holder of a conservation easement dies or ceases to exist, any person wishing to make an application under subparagraph (1)(b)(ii) shall give 30 days’ notice in writing to the Minister on behalf of the Crown in right of the Province of that person’s intention to make the application, and the Minister on behalf of the Crown in right of the Province may, within that period, elect to assume the obligations of the holder of the conservation easement and accept the rights and privileges respecting the conservation easement.

s. 10(6) — Termination of a conservation easement

If the Minister on behalf of the Crown in right of the Province elects under subsection (5) to assume the obligations of the holder of the conservation easement and accept the rights and privileges respecting the conservation easement, the Minister on behalf of the Crown in right of the Province shall, within the period referred to in subsection (5),

s. 10(6)(a) — Termination of a conservation easement

(a) in writing notify the person wishing to make an application under subparagraph (1)(b)(ii) of the election, and

s. 10(6)(b) — Termination of a conservation easement

(b) register in the appropriate land registration office a document confirming the election.

s. 10(7) — Termination of a conservation easement

If, in accordance with paragraph (6)(a), the Minister on behalf of the Crown in right of the Province notifies the person wishing to make an application under subparagraph (1)(b)(ii) that the Minister on behalf of the Crown in right of the Province has elected to assume the obligations of the holder of the conservation easement and accept the rights and privileges respecting the conservation easement, an application under subparagraph (1)(b)(ii) shall not be made by that person and any such application, if made, shall be deemed discontinued.

s. 10(8) — Termination of a conservation easement

If a document referred to in paragraph (6)(b) has been registered in accordance with this Act in the appropriate land registration office, the Crown in right of the Province shall be deemed to be the holder of the conservation easement.

s. 11 — Obligations may be enforced

1998, c.C-16.3, s.11; 2023, c.17, s.40

s. 11(1) — Obligations may be enforced

The obligations in a conservation easement, whether positive or negative, on the holder of the conservation easement, the grantor of the conservation easement or a subsequent owner of the land may be enforced by an action in The Court of King’s Bench of New Brunswick by the holder of the conservation easement, the grantor of the conservation easement or a subsequent owner of the land.

s. 11(2) — Obligations may be enforced

In an action under subsection (1), the Court may do any one or more of the following:

s. 11(2)(a) — Obligations may be enforced

(a) grant any relief or remedy available at common law to any of the parties referred to in subsection (1);

s. 11(2)(b) — Obligations may be enforced

(b) order the defendant to take any action the Court considers appropriate to restore or remedy any harm to the land to which the conservation easement relates; and

s. 11(2)(c) — Obligations may be enforced

(c) prohibit any activity on the land to which the conservation easement relates that the Court considers contrary to any of the purposes of the conservation easement.

s. 12 — Regulations

The Lieutenant-Governor in Council may make regulations 1998, c.C-16.3, s.12

s. 12(a) — Regulations

(a) prescribing purposes for which a conservation easement may be granted;

s. 12(b) — Regulations

(b) prescribing a person, body or group or a class of persons, bodies or groups who may hold a conservation easement;

s. 12(c) — Regulations

(c) respecting the information that must be included in a conservation easement;

s. 12(d) — Regulations

(d) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both.