Glossary of Terms

Ecogift

An Ecological Gift or ecogift is a donation of land, or an interest in land such as a servitude, a covenant or an easement, from a private or corporate landowner to the federal government, a province or a municipality in Canada, or to a qualified registered charitable organization. In Ontario, Environment Canada must certify the land as ecologically sensitive, the qualification of the recipient and the fair market value of the donation.

Conservation easement

Most ecogift easements in Ontario are administered under the Conservation Land Act, which is provincial legislation. A conservation easement is an agreement voluntarily entered into between a landowner and a qualified recipient organization, such as a land trust, Conservation Authority or government agency, that sets out restrictions on land use and management in order to protect the property over the longer term. The easement consists of two parts: the easement which allows the easement holder (the recipient) to gain access to the land for inspection; and covenants which are basically the restrictions upon the land. Easements are registered on the title of the property and bind current and future owners. Similar easements can be entered into with the Ontario Heritage Foundation under the Ontario Heritage Act. See also Conservation Options fact sheet.

Covenants

Common law covenants can be registered on the title of land and used to restrict certain land uses or activities. An example would include prohibiting building on the property. Such covenants are more limited in how they can be applied, and there are various registration restrictions.

Land donation and life estates, remainder interests and licenses

The simplest donation is donation of title. However, some recipients are willing to enter into individual independent agreements that allow donors, and sometimes donors' families, to continue to use the land after title has been transferred. These agreements are between the recipient and donor and will affect the fair market value of an Ecological Gift. See also the Canada Revenue Agency Interpretation Bulletin IT-226R.