|
the
Ontario
Ecogifts
Handbook
2005
|
Introduction
![Photo of a Yellow Swallowtail / Ethan Meleg](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/yellow_swallowtail.jpg) |
Yellow Swallowtail
/ Ethan Meleg |
Under the provisions of the Income Tax Act
(Canada), the Ecological Gifts Program (EGP) provides favourable
income tax treatment to donors of ecologically sensitive lands (known
as ecological gifts or ecogifts), including conservation easements.
Since 1995, the EGP has become a valuable tool in conserving threatened
habitats and biodiversity. As a partnership among landowners, conservation
organizations and government, it provides favourable income tax
treatment for land or conservation easement donations, and greater
recognition of the value of individual conservation actions.
Across Canada, the program has fostered over 440 ecogifts covering
37,500 hectares of wetland, forest, alvar and other important habitats.
Over 300 Ontarians have made more than 160 ecogifts collectively
valued at over $44 million.
While the favourable income tax treatment the EGP provides is an
attraction, for almost all donors, the underlying motivation is
the desire to do something meaningful to protect nature and to leave
something of great value for future generations. The EGP helps many
people to act on that motivation, to the benefit of all Canadians.
|
"Landowners
should pass natural capital on to the next generation. If
the government makes it easy to get a tax break, all society
benefits – everyone wins. But more importantly, for
the rest of our lives we can view this beautiful part of Ontario’s
landscape and observe the wildlife, knowing that it is protected
forever."
Lorne
Almack, Ecogift Donor, Claremont, Ontario |
Photo: Canadian
Wildlife Service |
Income tax benefits
![Photo of two men walking in a forest / Canadian Wildlife Service](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/twopeople.jpg)
|
Canadian Wildlife
Service |
Gifts of ecologically sensitive land provide additional income
tax savings, security and protection over most other charitable
gifts. Specific benefits include:
- no income limit for calculating the tax credit;
- elimination of the normal capital gain;
- the value of the gift is determined by the Minister of the Environment
before the gift is made; and
- perpetual protection for the gift.
Donors of ecogifts benefit from the elimination of the normal capital
gain realized on the disposition of the property. Corporate donors
deduct the amount of their ecogift directly from their taxable income.
The value of an individual’s ecogift is converted to a non-refundable
tax credit. The federal tax credit is calculated by applying a rate
of 16 percent to the first $200 of the donor’s total gifts
for the year and 29 percent to the balance. There is also a reduction
in provincial tax payable through a similar provincial tax credit
calculation.
Ecogifts differ from other charitable gifts in that they are not
subject to an "income limit" in determining the amount
of the donor’s tax credit or deduction in respect of the gift.
Charitable gifts may be claimed in the year of the donation and
any amount not claimed in that year may be carried forward for up
to five subsequent years.
In addition to the recipient’s pledge to protect the land,
the Government of Canada will impose a substantial tax upon any
charitable or municipal recipient that disposes of the gift or changes
its use without authorization from Environment Canada.
For residents of Quebec who donate land in Ontario, there are additional
certification steps in order to receive provincial income tax benefits.
Please contact
the EGP staff for more information.
Using the
Ontario Ecogifts Handbook
This handbook replaces any previous version. It is designed for
use by donors and their advisors. It is also designed for eligible
recipients under the EGP in Ontario – that is, the charities,
municipalities, and the Crown that are eligible to receive gifts
of ecologically sensitive land.
Donors and advisors
To claim ecogift tax benefits, donors require a Certificate
for Donation of Ecologically Sensitive Land and a Statement
of Fair Market Value from Environment Canada. Donors will
also require an official donation receipt from the recipient when
filing an annual income tax return.
The handbook has been organized into two main sections to describe
these two Environment Canada certifications:
There is no fee to certify a donation as an ecogift. However, there
are costs associated with donating land and preparing the necessary
documentation. Deciding who commissions and pays for surveys, appraisals
and other related costs may be a matter of policy for the recipient,
or may be negotiable between the donor and recipient depending on
the resources and commitment of those involved.
Recipients
![Photo of a Green Frog / Walter B. Fechner](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/green_frog.jpg) |
Green Frog
/ Walter B. Fechner |
Recipients of ecogifts should be aware of the general tax advantages
and processes of the EGP. However, since each landowner’s
tax situation is unique, the advice of a qualified, independent
professional will be needed to assess the benefits for individual
donors.
If the recipient is a charity, it must be approved by Environment
Canada on the Certificate. Charities must
be familiar with this additional step. See the Qualifying
as an Eligible Recipient section.
What help
can donors expect?
Making an ecogift application
Help from the recipient
![Photo of a Cedar Waxwing / Eric Dresser](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/cedar_waxwing.jpg) |
Cedar Waxwing
/ Eric Dresser |
The donor is the applicant, though a recipient may provide experienced
guidance to help donors through the donation and ecological gift
certification processes. Recipients often help with the ecogift
application by:
- evaluating the ecological character of the property and documenting
how it meets the definition of ecologically sensitive land;
- arranging for any surveys or land-use approvals, such as severances,
needed to complete the property transfer;
- arranging for an appraisal of fair market value of the donation
by a qualified appraiser; and,
- coordinating the applications to certify the property and its
fair market value.
Recipients may refer donors to the EGP-Ontario
staff for further information.
Help from Environment Canada
![Photo of Oak Leaves / Walter B. Fechner](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/oak_leaves.jpg) |
Oak Leaves
/ Walter B. Fechner |
While the EGP staff cannot advise a donor on income tax and related
matters, they are available at any time before and during the certification
process to answer questions about ecogifts and to explain the certification
process. The EGP staff may be able to meet with donors about potential
ecological gift properties.
Help from independent advisors
Donors should consult with qualified independent advisors to obtain
legal, tax and financial advice. Every donation and donor’s
income tax situation is unique, so a professional (e.g., lawyer
and/or financial advisor) is required to review the specifics and
advise donors of any considerations, implications, and benefits
of the gift.
See Information
and Assistance for additional sources of assistance.
Who can receive
ecogifts?
Landowners can donate ecogifts to three categories of organizations
– the Crown, municipalities, and eligible registered charities.
The Crown
Federal or provincial government agencies are automatically eligible
to receive ecogifts. Government bodies (e.g., the Ministry of Natural
Resources) and related agencies (e.g., the Ontario Heritage Foundation)
are included.
Municipalities
Any incorporated Canadian municipality is automatically eligible
to receive ecogifts, including local, regional or county municipalities.
Eligible Registered Charities
Landowners can donate to any of over 70 eligible charities. It
is sometimes possible to donate an ecogift to a charity that is
not on the list, but that charity must first apply to become an
eligible recipient. The actual approval of a charity by the Minister
of the Environment is given in respect of any individual gift on
the Certificate for Donation of Ecologically Sensitive
Land.
To be considered for approval, an organization must meet the following
criteria:
- Registered Charity status with the Canada Revenue Agency and
maintain this status from year to year;
- Application filed with Environment Canada requesting to be eligible,
and showing its willingness and capacity to receive such gifts;
and,
One of its main purposes, in the opinion of the Minister of the
Environment, must include "the conservation and protection
of environmental heritage".
The list of eligible charities is available at the EGP-National
Web site: www.cws-scf.ec.gc.ca/egp-pde/default.asp?lang=En&n=BEBC00B5-1#ontario.
Information
and assistance |
Environment
Canada
An initial call or e-mail to the Ecological Gifts Program
staff may help to answer many questions. Contact:
Resources
Ecological Gifts – Canadians Donating
Ecologically Sensitive Land (Donor brochure)
Answers to Donors’ Questions
Answers to Recipients’ Questions
Conservation Options: Conservation Easements
Donor Profiles
For electronic copies of the above, visit www.on.ec.gc.ca/ecogifts
Donation and Income Tax Scenarios
Retaining the Right to Use Land Donated as
an Ecological Gift
Engaging an Appraiser
Guidelines for Appraisals
Confirmation that Ecogifts are Eligible for
Split-Receipting
For electronic copies of the above, visit www.cws-scf.ec.gc.ca/egp-pde
Canada Revenue Agency
Canada Revenue Agency (CRA)-Charities at 1-800-267-2384
(English), 1-800-892-5667
(English or French) or www.cra-arc.gc.ca
*
The CRA has a number of relevant publications available on
their Web site or by ordering at 1-800-959-2221.
Gifts and Income Tax: Publication
P113
(www.cra-arc.gc.ca/E/pub/tg/p113/README.html)
*
Gifts and Official Donation Receipts:
Publication IT-110R3
(www.cra-arc.gc.ca/E/pub/tp/it110r3/README.html)
*
Registered Charities and the Income Tax Act:
Publication RC 4108 (E)
(www.cra-arc.gc.ca/E/pub/tg/rc4108/README.html)
*
Income Tax Technical News – Proposed
Guidelines on Split-Receipting
(www.cra-arc.gc.ca/E/pub/tp/itnews-26/itnews-26-e.pdf)
*
Profit, Capital Gains and Losses from the
Sale of Real Estate, Including Farmland and Inherited Land
and Conversion of Real Estate from Capital Property to Inventory
and Vice Versa: IT-218R (www.cra-arc.gc.ca/E/pub/tp/it218r/README.html)
* |
![Top](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/bluetopbutton.gif)
Top
Certifying
a Property as Ecologically Sensitive
The general definition of ecologically
sensitive lands is "areas or sites that currently, or
in the future, could significantly contribute to the conservation
of Canada’s biodiversity and natural environmental heritage." |
Each donation of land or conservation easement must be individually
certified as ecologically sensitive before the next step in the
process (certifying the value of the gift) can occur. In Ontario,
Environment Canada staff carry out this certification on behalf
of the Minister of the Environment and issue a Certificate
for Donation of Ecologically Sensitive Land, which must accompany
the donor’s income tax return.
To qualify as an ecogift, a property must meet the definition of
ecologically sensitive land, including one or more of a set of criteria
developed specifically for Ontario. This definition includes 19
specific categories of qualified lands (the
"A" list), and a further 11 general criteria for other
lands that may qualify as ecologically sensitive (the
"B" list). See the definition
for more information.
![Photo of a Black Tern / John Mitchell](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/black_tern.jpg) |
Black Tern
/ John Mitchell |
If the property under consideration meets one of the "A"
list criteria – for example, if it contains a Provincially
Significant Wetland – it will likely be certified. To qualify
a property under the more general "B" list criteria, a
more detailed rationale is expected to outline how it meets one
or more of the criteria – in essence, to make the case for
why it should qualify as ecologically sensitive.
If the donation is a conservation easement, the terms of the agreement
must protect the ecologically sensitive features for which the land
is certified. The Minister’s certification of a conservation
easement’s ecological sensitivity and fair market value does
not assess the agreement’s rigour or defensibility in a court
of law.
![Graphic of check mark](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/checkmark-large-blue.gif) |
Checklist
for certifying a property
as ecologically sensitive |
- Supporting
information gathered on ecological character of property
- Information
filed with Environment Canada
- Copy
of Certificate for Donation of Ecologically
Sensitive Land received
- Notify
Environment Canada if unexpected delays or termination occur
|
Step
ONE: Arrange the donation
Potential donors may select an eligible ecogift recipient in various
ways. Knowing who is willing and capable of caring for the land
is an essential component. All donors must consider the legal, tax
and financial aspects of a donation with the support of independent
legal and financial advice to ensure that the implications of the
donation are fully understood before proceeding with the certification
steps.
Information to determine whether the property can be certified
as ecologically sensitive under the EGP can be filed at any stage
in the donation process. For donations of a conservation easement,
a copy of the final agreement is required, though it does not yet
need to be signed. It is also possible to apply to the program after
completing the gift, as information can be filed up to three years
after the year in which the property or conservation easement donation
was made.
Some donors will want confirmation that their property qualifies
as ecologically sensitive as well as a determined value before completing
their donation; however, potential donors should provide at least
a letter of commitment to the potential recipient at an early stage.
Background information for advisors
Ecological Gifts – Canadians Donating Ecologically
Sensitive Land (Donor brochure)
Answers to Donors' Questions
Answers to Recipients' Questions
Conservation Options: Conservation Easements
Donor Profiles
For electronic copies of the above, visit www.on.ec.gc.ca/ecogifts
Donation and Income Tax Scenarios
Retaining the Right to Use Land Donated as an Ecological
Gift
Engaging an Appraiser
Guidelines for Appraisals
EGP Application Guide (a more in-depth look
at the process, particularly handy for lawyers, financial advisors
and other professionals)
Confirmation that Ecogifts are Eligible for Split-Receipting
For electronic copies of the above, visit www.cws-scf.ec.gc.ca/egp-pde.
Responsibilities
of a recipient |
Organizations that accept gifts
of ecologically sensitive lands have an obligation to perpetually
maintain the ecological and natural heritage values on these
properties. General responsibilities could include paying
taxes (or applying for property tax exemption under the provincial
Conservation Land Tax Incentive Program), monitoring to ensure
visitor safety and prevent abuse of the site, carrying liability
insurance, and so on.
A handy reference on many aspects of recipient responsibilities
is the Ontario Land Trust Alliance’s Standards
and Practices (www.ontariolandtrustalliance.org)
*
or the Land Trust Alliance (U.S.) Standards
and Practices (available on-line at www.lta.org
*).
Before accepting an ecogift, recipients should consider all
responsibilities and ensure they have the financial and staffing
or volunteer resources to carry them out in the long term.
|
To avoid
potential tax liabilities recipients are advised not to make
dispositions of land or changes to land use without prior written
authorization from the Minister of the Environment. |
Is it
really a gift?
It is up to donors and their advisors to ensure that their donations
meet the definition of a gift under Canadian income tax law. In
certifying the ecological sensitivity of the land or the land’s
fair market value, the Minister of the Environment does not assess
whether or not the transfer of land or an easement qualifies as
a gift for the purposes of the Income Tax Act.
It is strongly recommended that donors consult professional, independent
tax and legal advisors to discuss all implications of the donation,
including this aspect.
To issue an acceptable official donation receipt, recipients must
also satisfy themselves that the property or conservation easement
being accepted fully qualifies as a gift. If there is any question
about whether an individual transfer qualifies as a gift for tax
purposes, recipients should contact their legal advisors and/or
the CRA for a ruling.
A donation of ecologically sensitive land must be a true gift;
that is, a voluntary transfer of property for which the donor expects
and receives nothing of value in return. An ecological gift must
be made voluntarily. Generally, any legal obligation requiring a
donor to make a donation will result in the donation losing its
status as a gift. For example, if a landowner were compelled by
a court order or by land-use bylaws to transfer property, the transfer
would not be voluntary and, therefore, would not be considered a
gift.
It is possible for a donor to receive some advantage (e.g., cash)
and still receive a donation receipt. For information on this new
split-receipting provision in the Income Tax Act,
refer to the EGP fact sheet Confirmation
that Ecogifts are Eligible for Split-Receipting. In addition,
the Canada Revenue Agency has draft guidelines on proposed amendments
to the Income Tax Act regarding an administrative
approach to split-receipting in Income
Tax Technical News No.26 – Proposed Guidelines
on Split-Receipting *.
This may be ordered by calling 1-800-892-5667.
Land that is
not capital property: Inventory lands
Gifts of land or interests in land that are not capital property
(e.g., inventory lands) may qualify as ecological gifts if they
meet the criteria in the Income Tax Act.
However, ecological gifts of non-capital property will not provide
the same tax benefits as ecological gifts of capital property. In
the case of all charitable gifts of inventory lands, including ecological
gifts, donors must include the fair market value of the land donated
in their revenue for the year. In computing profit for tax purposes,
the donor may deduct the cost of the land. Unlike gifts of capital
property, the entire amount of the profit is included in the donor’s
income.
Distinguishing between inventory and capital property is not always
straightforward. Often lands that have been acquired for the purpose
of, for example, subdividing into housing lots are considered inventory.
However, the Income Tax Act does not provide
any guidelines and it is necessary to look to case law. For assistance
in distinguishing between income from a business and capital gains,
see Interpretation Bulletin IT-218R, Profit, Capital
Gains and Losses from the Sale of Real Estate, Including Farmland
and Inherited Land and Conversion of Real Estate from Capital Property
to Inventory and Vice Versa, available on the CRA Web site
at www.cra-arc.gc.ca/E/pub/tp/it218r/README.html
*.
lnformation
available from the CRA
|
Step TWO: File
the ecological information
There are no formal application forms for the ecological
sensitivity certification process. Instead, recipients or
donors provide the information under Step Two to Environment
Canada including a brief synopsis of the ecological character
of the proposed ecologically sensitive lands. Two pages of
supporting information are often sufficient – see
the sample. A template of headings is available from the
EGP-Ontario
staff or the Web
site. The information should be sent to:
Ecological Gifts Program
Canadian Wildlife Service
Environment Canada
4905 Dufferin St.
Downsview, ON M3H 5T4
The EGP staff are available to provide assistance and will
work with applicants to ensure that information is complete.
The EGP staff may conduct a site visit – donors will
be notified. Donors may request that the EGP staff visit their
land before an application is made in order to help assess
the ecological sensitivity and condition of the land.
|
Required information
- Full name(s), address(es), phone, e-mail for the owner(s)/donor(s)
on title and written confirmation from the potential donor(s)
that they own the subject property free of any liens, encumbrances
or other interests, have the authority to dispose of it, and wish
to seek ecological sensitivity certification. If there are any
liens, encumbrances or other interests they must be identified.
- Name, address and charitable registration number (if applicable)
of the recipient organization and written confirmation of the
organization’s willingness to receive the donation as an
ecological gift.
- Complete legal description of the property under a Land Titles
or Land Registry system (general location descriptions are not
acceptable).
- Type of donation – title to the land or conservation easement
(if the donation is a conservation easement, a copy of the final
draft agreement must be submitted).
- Area, in hectares or acres (indicate measurement unit), of the
land being donated (if an easement applies to only a portion of
the site, record only the gifted area); if the property is not
surveyed, an approximate area is acceptable to start.
- Confirmation that the recipient is eligible, either through
reference to the list on the EGP-National
Web site, or by application as outlined in the How
to Apply section.
- A description of the current status of the donation (e.g., letter
of intent, legal agreement, property transfer registered, etc.)
and anticipated timing to completion.
-
An assessment of ecological character (as outlined below and shown
in the shaded area of the sample).
- A short paragraph summarizing the property’s
ecological values, the ecogift criteria met, and an assessment
of the present condition of and threats to the site.
- The proportion of the total area of the property
in wetland, forest, grassland, dune, or alvar; and whether shorelines,
watercourses, Great Lakes coast or cliffs are present.
-
![Photo of a Blue Flag Iris / Graham Bryan](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/blue_flag_iris.jpg) |
Blue Flag
Iris / Graham Bryan |
A description of any significant species present.
- A description of any buildings or other permanent
structures on the property.
- A listing of any reports or documents where
the flora or fauna communities or other indicators of biodiversity
of the site have been recorded – refer to these reports
but do not submit copies unless requested.
- A listing of which criteria from the "A"
or "B" list are met by the property under consideration,
with a brief explanation of how each criterion is fulfilled;
if field assessment is necessary to provide reliable information
(especially to meet "B" criteria), that is the responsibility
of the donor or recipient on the donor’s behalf.
-
![Photo of autumn leaves on a pond / James Sidney](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/autumn_leaves_on_water.jpg) |
James Sidney |
Reference to any local, regional, national, international or
other formal ranking of the significance of the site, and to
the reports in which this ranking is noted.
- Any site enhancement or rehabilitation measures
proposed to upgrade the ecological quality of the property.
- A map of the site, clearly indicating where
it is located, the area of the donation, and the significant
features.
- Comment on why the donation is being made, and the recipient’s
intentions for its future management or enhancement, including
whether a formal management plan is to be developed. Is changing
the current use or ecological character or disposing of all or
part of the land or easement anticipated?
Definition of Ecologically Sensitive Lands:
Ontario
A)
Specific Categories of Qualified Lands
Lands, easements or covenants relative to such lands, which
fall into one or more of the following categories, shall be
deemed to be ecologically sensitive lands in Ontario, provided
the terms of conservation easement agreements regard and protect
the ecologically sensitive features of the land.
A1. Significant portions of the habitat
of species determined to be endangered, threatened or
vulnerable in Ontario, as specified in a recovery plan or
other biological study;
A2. Areas designated as Provincially
Significant Wetlands;
A3. Provincial or regional Areas of
Natural and Scientific Interest;
A4. Designated Areas of Concern for
biodiversity purposes as identified in Forest Management Plans;
A5. Areas qualifying for the Conservation
Land Tax Reduction Program *;
A6. Areas managed for wildlife habitat
conservation purposes that qualify under the Managed
Forest Tax Reduction Program *;
A7. Areas promoting the conservation
of natural heritage and biodiversity that are identified within
a regional or watershed plan or strategy developed by a recognized
conservation organization;
A8. Areas designated as a World Heritage
Site for biodiversity conservation purposes, a core area of
a UNESCO Biosphere Reserve, or a Wetland of International
Importance under the Ramsar Convention;
A9. Areas of biodiversity significance
identified in a Canadian Heritage Rivers Management Plan or
Strategy;
A10. Areas designated in the Niagara
Escarpment Plan as an Escarpment Protection Area or an
Escarpment Natural Area; |
A11.
Areas designated as Natural Core, Natural Linkage, Sensitive
Hydrological Feature, High Aquifer Vulnerability, Significant
Landform, Minimum Areas of Influence or Minimum Vegetation
Protection Zones within the Oak Ridges Moraine Conservation
Plan;
A12. Areas designated Core Area, Corridor
or Restoration Area in the Lake Ontario Greenway Strategy;
A13. Areas designated for biodiversity
conservation purposes within Management Plans or Strategies
for the Trent-Severn or Rideau Waterways;
A14. Areas within a municipal official
plan or zoning by-law under the Planning Act
(Ontario) designated as an Environmentally Sensitive Area,
Environmentally Significant Area, Environmental Protection
Area, Restoration Area, Natural Heritage System or other designation
for similar purposes that is compatible with the conservation
of the biodiversity, ecological features and functions of
the site;
A15. Areas within or adjacent to a
Provincial Park, Provincial Park Reserve, Conservation Reserve,
Conservation Area, Wilderness Area, Provincial Wildlife Area,
National Wildlife Area, Migratory Bird Sanctuary, National
Park, National Park Reserve or Ecological or Nature Reserve
managed by a government or non-government agency;
A16. Municipal parks or other protected
areas designated or managed for biodiversity conservation
purposes;
A17. Areas identified as Carolinian
Canada sites or alternate sites;
A18. Areas designated as Core Natural
Area, Natural Area Buffer, Natural Area Link, or Valued Ecosystem
Component in the National Capital Greenbelt Master Plan by
the National Capital Commission; and,
A19. Areas designated for biodiversity
purposes by regional agencies such as the Niagara Parks Commission,
St. Clair Parkway Commission, St. Lawrence Parks Commission
and the Waterfront Regeneration Trust. |
B)
General Criteria for Other Ecologically Sensitive Lands
Lands, easements or covenants relative to such lands, which
meet one or more of the following general criteria may also
be considered to be ecologically sensitive lands in Ontario
– subject to the approval of the Minister of the Environment,
provided the terms of conservation easement
agreements regard and protect the ecologically sensitive features
of the land. The term "significant" for the
purposes below refers to definitions provided in Provincial
Policy Statements.
B1. Significant habitats such as alvars,
prairies, cliffs, Great Lakes coastal habitats, old growth
forest areas, glacial relic communities and sites with enduring
geological features that contribute to biodiversity;
B2. Areas of wildlife concentration
such as bat caves, snake hibernacula, heronries, deer wintering
yards and sites used by migratory water birds and other species
for seasonal staging, feeding, breeding and like purposes;
B3. Areas identified, designated or
protected as ecologically significant or ecologically important
by a government or non-government local, provincial, national
or international system or body;
B4. Significant water bodies, rivers,
streams, shorelines, valleys, wetlands, groundwater recharge
areas, headwaters and aquifers;
B5. Significant wildlife or fish habitats;
B6. Significant woodlands;
|
B7.
Areas that have significant current or potential for enhanced
ecological values through restoration, remediation, management
or geographic proximity to other ecologically significant
properties;
B8. Natural buffers and adjacent lands
around areas identified under other ecologically sensitive
lands categories or criteria that contribute to the conservation
of biodiversity;
B9. Natural links or corridors between
areas identified under other ecologically sensitive lands
categories or criteria that contribute to the conservation
of biodiversity;
B10. Areas used for long-term scientific
study or baseline and benchmark monitoring of biodiversity;
and,
B11. Areas that contribute to Canada’s
environmental heritage through the maintenance of the genetic
diversity of species, ecosystem health, or landscape biodiversity,
and other natural spaces of significance to the environment
in which they are located.
The categories and criteria listed above, for the purposes
of implementation of provisions in the
Income Tax Act for ecogifts, have been
agreed to by representatives of the Governments of Ontario
and Canada. This list and criteria may be further elaborated
and amended by agreement between Environment Canada and the
Ontario Ministry of Natural Resources. |
Restrictions
on recipients: Disposing of title and changing use
![Photo of a sunset over a rocky shoreline / James Sidney](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/sunset_over_water.jpg) |
James Sidney |
Recipients can be taxed if they dispose of title or change use
of an ecogift without prior authorization from the Minister of the
Environment. The provisions apply to ecogift donations of both title
and conservation easements.
The Income Tax Act includes provision for
a tax liability for unauthorized land-use changes and dispositions
(such as sales, transfers) of properties donated as ecological gifts
(Section 207.31 Income Tax Act). A federal
tax equal to 50 percent of the fair market value of the property
at the time of the unauthorized change or disposition shall be imposed
on charitable or municipal recipients. The Canada Revenue Agency
is responsible for administration of this tax.
In practice, land transfers or changes in use that are consistent
with the original objectives of the ecogift and do not result in
negative ecological impacts would likely be authorized (e.g., if
the original recipient wanted to transfer ownership of an ecogift
to another eligible conservation organization). So would a change
in land use that enhanced or restored the conservation value of
the property, such as an end to commercial logging. Changes that
are required by law or for public safety also would be likely to
be authorized (e.g., removal of a safety hazard such as dying trees
overhanging a trail).
Recipients should write to Environment Canada for authorization
in advance of any proposed disposition or use change:
Ecological Gifts Program
Canadian Wildlife Service
Environment Canada
4905 Dufferin St.
Downsview, ON M3H 5T4
Environment Canada will write back with authorization or any concerns.
What about
selling ecogifts?
What
about conservation authorities?
Conservation authorities apply as registered charities, either
directly if they have charitable status or indirectly through
associated conservation foundations. |
In some circumstances, recipients may wish to accept and then sell
properties that are donated with the intent of generating revenue
for the purchase of other conservation lands. Such sales will not
usually be accommodated under the EGP. In other similar circumstances,
recipients may wish to keep only the ecologically sensitive portions
of a donated property (e.g., the wetland) and sell the remainder
(e.g., active farmlands). Likewise, these kinds of arrangements
will not usually be accommodated under the EGP.
Step THREE:
Environment Canada reviews and issues Certificate for Donation of
Ecologically Sensitive Land
If the completion of an ecogift
donation is delayed or terminated after the Certificate
has been issued, donors should notify the EGP-Ontario
staff.
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Review of the submitted materials and completion and signing of
the Certificate usually takes up to four
weeks, provided there are no major issues to be resolved. Special
circumstances requiring faster turn-around can often be accommodated.
The Certificate for Donation of Ecologically Sensitive
Land is issued directly to the donor, with a copy to the
recipient. At that time, a Gift ID number is assigned. It
expedites matters if all future correspondence regarding the donation
references this Gift ID number.
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Certifying
the Value of the Donation
![Graphic of check mark](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/checkmark-large-blue.gif) |
Checklist
for certifying the value
of the donation |
- Appraisal
meets the required standards
- Application
forms completed and signed by donor(s)
-
Three copies of appraisal submitted with application
-
Donor(s) review and accept value determined, and return
signed Notice
-
Evidence of completion of gift submitted
-
Statement received from Environment
Canada
-
Official donation receipt issued
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The fair market value of all gifts under the EGP must be certified
by the Minister of the Environment. Donors must submit independent
appraisals of lands or conservation easements along with a signed
Application for Appraisal Review and Determination.
These appraisals are then reviewed by an Appraisal Review Panel
under the Standards of the Appraisal Institute of Canada, that recommends
to the Minister a fair market value for each gift. The Application
for Appraisal Review and Determination, Engaging an Appraiser
and Guidelines for Appraisals are available
from the EGP-Ontario
staff and the EGP-National Web site (www.cws-scf.ec.gc.ca/egp-pde).
Step ONE
Commission an appraisal of fair market value
Either the donor or the recipient can commission an appraisal to
establish the fair market value of the ecogift. The qualifications
of the appraiser may differ, depending on the value and complexity
of the valuation. See Guidelines for Appraisals
for more information.
In selecting and engaging an appraiser, there are a number of factors
that should be considered and incorporated. Please refer to the
Guidelines for Appraisals and Engaging
an Appraiser for full details.
Ecogift valuation training courses have been held across Canada
to develop knowledge and understanding of requirements specific
to the EGP. Potential appraisers should be asked whether they have
completed this training. For assistance in finding an appraiser
who has attended training in the valuation of ecogifts, visit the
Appraisal Institute of Canada’s Web site (www.aicanada.org
*)
or contact the Institute at 1-800-441-8062 or mail@aicanada.org.
Appraisers are required to follow the EGP Guidelines
for Appraisals. These Guidelines are updated periodically
and are available from the EGP-Ontario
staff or the EGP-National Web site (www.cws-scf.ec.gc.ca/egp-pde).
The Guidelines address factors that appraisers
should consider, and include a series of self-certification statements
that appraisers must include and sign in their appraisal reports.
Each appraiser should be provided with a copy.
Of particular note:
- If the assignment involves a partial interest
in land (such as a conservation easement), the appraiser must
have a copy of the completed (or nearly completed) agreement when
doing the appraisal. The dated draft or final agreement the appraiser
used must be included when the appraisal report is submitted for
review.
- A copy of the current title abstract must
be included in the report, and any existing interests and encumbrances
considered in the valuation.
- Appraisers should be particularly cautioned
that hypothetical conditions and extraordinary assumptions that
would have an impact on highest and best use will not be permitted.
- Donors and recipients may wish to work
with their appraiser early in the donation process to estimate
the value of the gift. The appraisal itself, however, must be
current. See Guidelines for Appraisals
for specific timing considerations. Ideally, the appraisal date
should be as close to the application date and/or donation date
as possible, especially if the real estate market is rapidly changing.
Step TWO
Submit the application (including appraisal) for review and determination
Three colour copies of the completed appraisal should be submitted
to:
Ecological Gifts Program
Canadian Wildlife Service
Environment Canada
4905 Dufferin St.
Downsview, ON M3H 5T4
Applications
are accepted at any time. However, if a Notice
of Determination of Fair Market Value
from Environment Canada is desired before the end of a calendar
year, applications should be submitted by mid-September to
better ensure review by year end.
|
Include an Application for Appraisal Review and
Determination, signed and dated by all the owner(s)/donor(s)
on title. Application forms are available from the EGP-Ontario
staff or the EGP-National
Web site.
Incomplete application forms and appraisals may be returned for
more information. Complete applications and appraisals are reviewed
by one or more qualified appraisers from the Appraisal Review Panel.
Step THREE
Receive a Notice of Determination of Fair Market Value
Following the review of the appraisal by one or more members of
the Appraisal Review Panel, donors will receive a Notice
of Determination of Fair Market Value citing the value that
the Minister of the Environment is prepared to certify. The recipient
is sent a copy of this Notice. In many cases,
this value will be the same as the value the donor applied to have
reviewed; however, the Panel may recommend a modified value to the
Minister.
The fair market value determined
on the Notice applies to the property in relation to all income
tax purposes for charitable donations and gifts for two years
from the date of the Notice of Determination
of Fair Market Value.
|
The fair market value on the Notice applies
to that property in relation to all income tax purposes related
to charitable donations and gifts for two years from the date of
the Notice. When the Notice
of Determination of Fair Market Value is received, a donor
has three options to exercise within 90 days:
- accept the value as determined, notify Environment
Canada and proceed to complete the donation process with the recipient;
- request in writing a redetermination by
the Redetermination Committee of the Appraisal Review Panel at
their next scheduled meeting (redeterminations of fair market
value must be requested within 90 days of the date of the Notice);
or,
- withdraw from the Ecological Gifts Program,
notifying Environment Canada in writing.
In most cases, when the appraisal conforms to the Guidelines,
the review process to receive a Notice takes
less than 90 days. Requests by the Panel for more information or
clarification are sent to donors, recipients and appraisers by the
EGP-Ontario
staff if authorized by donors on the application form.
Redetermination
A donor requesting a redetermination of fair market value should
provide details of factors or circumstances pertaining to the proposed
ecogift, as well as any new information that could affect the decision
of the Redetermination Committee of the Appraisal Review Panel,
such as a second appraisal.
The Redetermination Committee makes its recommendation to the Minister
as to the fair market value of the ecogift within 60 days of completing
its redetermination. The Minister issues a Notice
of Redetermination of Fair Market Value after considering
the recommendation received. Details are available in the EGP Application
Guide (www.cws-scf.ec.gc.ca/egp-pde).
Step FOUR
Statement of Fair Market Value and official donation receipt
![Photo of a Red-bellied Woodpecker / Walter B. Fechner](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/red-bellied_woodpecker.jpg) |
Red-bellied
Woodpecker / Walter B. Fechner |
Once the donors notify Environment Canada in writing that they
accept the fair market value as determined (by indicating that option,
signing and returning the Notice), and Environment Canada receives
evidence that the gift has been completed (i.e., a copy of the registered
transfer/deed and conservation easement if applicable), a certified
Statement of Fair Market Value is issued
to the donor, with a copy to the recipient. It is important to note
that the registered donation must match the appraised donation (e.g.,
size, legal description, easement agreement, etc.). Otherwise a
letter from the original appraiser regarding the impact of any changes
in the donation on the fair market value will be required, along
with a review of such a letter by the Appraisal Review Panel. Therefore,
for reasons of expediency and cost, it is important that donations
and appraisals brought to the EGP for review are based on the final
or near final form of the donation.
The Statement of Fair Market Value must
accompany the donor’s income tax return, and is the basis
for the recipient issuing an official donation receipt. The Certificate
and donation receipt must also accompany the donor’s income
tax return.
The official donation receipt is issued by the recipient based
on the value of the Statement. A detailed
list of requirements for official donation receipts from charities
is included in the CRA’s publication Registered
Charities and the Income Tax Act [RC 4108 (E)], which is
available on-line at www.cra-arc.gc.ca/E/pub/tg/rc4108/rc4108eq.html
*
or by calling 1-800-892-5667. Municipalities should consult with
their own financial staff and the CRA regarding specific requirements
for their official donation receipts.
If, following completion of the donation and receipt, a donor is
still not satisfied with the fair market value determined for the
donation, he/she may appeal the fair market value of the gift in
Tax Court within 90 days of the Statement
date. Donors must undertake the EGP’s redetermination process
prior to any Tax Court appeal.
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Qualifying as an
Eligible Recipient
![Graphic of check mark](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/checkmark-large-blue.gif) |
Checklist
for qualifying as an
eligible recipient |
- Status
as a registered charity, municipality, or the Crown
|
- Inclusion
of conservation purposes in letters patent
- Letter
of application sent to Environment Canada
|
How to apply
There are no formal application forms. Potential recipients should
read the criteria under "Who
can receive ecogifts?". Send a written request to:
National Coordinator
Ecological Gifts Program
Canadian Wildlife Service
Environment Canada
351 St. Joseph Blvd.
Gatineau, QC K1A 0H3
Fax: (819) 953-3575
E-mail: Ecogifts@ec.gc.ca
Include the following information:
- Full contact details – business address, e-mail, fax,
and phone;
- Business Number and Charitable Registration Number;
- A copy of the organization’s full statement of purpose,
such as the statement of objects included in the letters patent
or incorporation papers; and,
- An explanation of the mission of the organization, and some
examples of projects undertaken, are also recommended.
A response from Environment Canada can be expected within a few
weeks. If there is urgency for qualifying (such as an impending
donation), include that information in the application letter.
Charities only have to apply
once to become an eligible recipient. Under some circumstances
(e.g., failure to maintain charitable status), charities may
be removed from the list of eligible recipients. Municipalities
and the Crown are automatically eligible.
|
Environment Canada regularly updates and reviews the list of eligible
registered charities, which is available on the EGP-National
Web site, so donors can check on the status of organizations
they are considering. Already, over 70 Ontario organizations are
on this list. Organizations that fail to file annual tax returns
with the CRA and thus lose their charitable status will be removed
from the list. Other circumstances may also result in charities
being removed from the list of eligible recipients by Environment
Canada.
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A Final Word
At the end of the EGP process donors will receive two documents
from Environment Canada:
a Certificate for Donation of Ecologically Sensitive
Land, and a Statement of Fair Market Value.
And from the recipient:
an official donation receipt
![Photo of a Mayfly / Eric Dresser](/web/20061209215204im_/http://www.on.ec.gc.ca/wildlife/ecogifts/images/mayfly.jpg)
|
Ecogifts
have protected many significant natural areas across Canada.
Landowners who want to be part of this initiative can start
by calling or e-mailing the EGP staff or a qualified gift recipient. |
Together these three documents enable the donor to claim enhanced
ecogift income tax benefits. More importantly donors will receive
the feeling of satisfaction that they have taken a great step to
protect Canada’s natural heritage.
Glossary
Conservation Easement: An agreement between
two parties, usually written under the authority of the Ontario
Conservation Land Act, whereby one party
has rights to the land of the other. For the purposes of the EGP,
they protect and conserve natural features, wildlife habitats or
other heritage values. All conservation easements donated through
the EGP must be registered on the title to the land, and bind future
owners to the terms of the agreement.
Covenant: A voluntary restriction on land
use. A component of a conservation easement.
Donor(s): The rightful owner(s) of the property
who are proposing to dispose of the property as a gift to a qualified
recipient.
Ecogift: Donations of ecologically sensitive
land (including conservation easements) certified by the Minister
of the Environment. Also called ecological gifts.
Ecologically Sensitive Land: Land which
is certified by the Minister of the Environment to meet the definition
of ecologically sensitive land.
Fair Market Value: The most probable price
that a property should bring in a competitive and open market as
of the specified date under all conditions requisite to a fair sale,
with the buyer and seller each acting prudently and knowledgeable,
and assuming the price is not affected by undue stimulus (see Appraisal
Institute of Canada standards for more detail: www.aicanada.org
*).
Recipient: An organization that is eligible
to receive ecological gifts, including the federal government, provinces,
territories, municipalities and approved environmental charities.
The Ontario Ecogifts Handbook 2005
© March 2005
ISBN 0-662-440199-9
Cat No. En161-2/2005E-HTML
The 2005 handbook replaces any earlier editions.
Copies are available from:
Ecological Gifts (Ontario)
Canadian Wildlife Service
Environment Canada
4905 Dufferin St.
Downsview, ON M3H 5T4
(416) 739-5830
Ecogifts.Ontario@ec.gc.ca
For more information, please contact:
Andrea Kettle
(416) 739-4286
Ecogifts.Ontario@ec.gc.ca
Dawn Laing
(416) 739-5828
Ecogifts.Ontario@ec.gc.ca
www.on.ec.gc.ca/ecogifts
Également disponsible en français sous le titre :
Guide pour les dons écologiques en Ontario
2005.
Click
here to view / print this document in PDF format
|