Conservation easements are powerful legal tools used to protect natural landscapes, wildlife habitats and ecological values, often in perpetuity. Unlike traditional access easements, conservation easements are created by provincial legislation. They are registered on land titles, binding current and future owners to specific restrictions that safeguard the land’s conservation values.
Once registered, they restrict development and certain activities on the land to preserve its natural state. These restrictions “run with the land,” meaning they remain in force even if the property changes hands. The terms are typically set for perpetuity and can only be amended or terminated in accordance with the governing legislation.
Municipal powers and conservation easements
Municipalities in Saskatchewan derive their powers exclusively from provincial statutes. The main legislation governing expropriation by municipalities is The Municipal Expropriation Act. While this Act allows municipalities to expropriate lands or easements for public purposes, it is silent on the specific issue of expropriating land subject to a conservation easement or, more importantly, extinguishing a conservation easement.
Unlike some other provinces, Saskatchewan’s legislation does not explicitly grant municipalities the authority to override or extinguish conservation easements through expropriation.
What happens if expropriation is attempted?
Even if a municipality has some ability to expropriate land covered by a conservation easement, which it does not appear to, there is no legal mechanism for extinguishing the conservation easement itself. The municipality would therefore be subject to the same terms of the conservation easement as any other subsequent owner of the land and the easement holder, often a conservation organization, would retain the legislative right to enforce the terms of the easement, including seeking a court order to prevent the municipality from engaging in any activity that would breach the conservation conditions. Saskatchewan’s The Conservation Easement Act also empowers easement holders to apply for injunctions against anyone acting contrary to the easement, including municipalities.
Why does this matter?
This legal framework means that conservation easements provide broad and thorough protection against municipal development projects that would harm protected lands. Municipalities cannot simply override or encroach on a conversation easement and attempts to do without consent of the easement holder are likely to face significant legal challenges. It is important that municipalities, landowners and conservation organizations recognize that conservation easements provide robust legal protection and any development projects that seek to encroach on such lands are likely to face substantial legal roadblocks.
The MLT Aikins municipal team is committed to providing timely, innovative and practical advice to our municipal clients across Western Canada. We have extensive experience representing numerous municipalities in Western Canada (including cities, towns and rural municipalities) in a general counsel capacity, advising Councils, administration, committees and boards on the full range of legal issues a municipality may expect to face on a daily basis.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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