Conservation Easement Registration Regulation (Alta. Reg. 129/2010)

Alta. Reg. 129/2010

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 129/2010 With amendments up to and including Alberta Regulation 37/2025 Current as of March 19, 2025 ALBERTA LAND STEWARDSHIP ACT CONSERVATION EASEMENT REGISTRATION REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 37/2025) ALBERTA REGULATION 129/2010 Alberta Land Stewardship Act CONSERVATION EASEMENT REGISTRATION REGULATION Table of Contents 1

Definitions 2 N o t i c e 3 Boundary designation 4 Statutory declaration 5 Repeal 6 E x p i r y

Schedule

Definitions 1 In this Regulation, (a) “Act” means the Alberta Land Stewardship Act; (b) “agreement” means an a greement made in accordance with

section 29 of the Act; (c) “conservation easement” m eans a conservation easement as defined in

section 2(

d) of the Act; (d) “Government agency” means (

i) a corporation that is an agent of the Government, or (ii) a corporation, commission, board or other body whose members are appointed by

an Act of the Legislature, the Lieutenant Governor in Council or a Minister of the Government, or any combination of them; (e) “grantee” means a grantee as defined in

section 28(

a) of the Act; (f) “grantor” means a grantor as defined in

section 28(

b) of the Act;

Section 2 AR 129/2010 CONSERVATION EASEMENT REGISTRATION REGULATION 2 (g) “notice” means the notice re ferred to in

section 33(2) of the Act; (h) “qualified organization” means a qualified organization as defined in

section 28(

c) of the Act; (i) “Registrar” means the Registrar of Titles under the Land Titles Act or the Registrar of the Metis Settlements Land Registry under the Metis Settlements Act, as the case may be; (j) “registration” means registration of an agreement in accordance with

section 33 of the Act. Notice 2(1) Subject to subsection (2), the notice must be in the form set out in Form 1 in the

Schedule and must be given to the person entitled to receive it under

section 33(2) of the Act by registered mail, courier or personal delivery at least 60 days before the presentation of the agreement to the Registrar for registration.

(2) Where the grantee or grantor of a conservation easement is a person referred to in

section 33(2)(

a) of the Act, that person is deemed to have been given notice in respect of the conservation easement as required under

section 33(2) of the Act.

(3) The notice period prescribed in subsection (1) may be shortened with the written consent of the person entitled to receive the notice under

section 33(2) of the Act. Boundary designation 3 The boundaries of the conservation easement must be described to the satisfaction of the Registrar. Statutory declaration 4 A statutory declaration in the form set out in Form 2 in the

Schedule must accompany an agreement for registration under

section 33 of the Act. Repeal 5 The Conservation Easement Registration Regulation (AR 215/96) is repealed. Expiry 6 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be

Schedule AR 129/2010 CONSERVATION EASEMENT REGISTRATION REGULATION 3 repassed in its present or an amended form following a review, this Regulation expires on April 30, 2030. AR 129/2010 s6;67/2015;29/2021;37/2025

Schedule Form 1 Notice Prior to Registration Notice to (Minister of Municipal Affairs/Special Areas Board/Council of a municipality or Metis settlement/Minister of Infrastructure/Minister of Transportation and Economic Corridors) This Notice is to advise you that: 1. We, (qualified organization, name, address, phone number), intend to register an agreement under

section 33 of the Alberta Land Stewardship Act creating a conservation easement, not sooner than 60 days after the date you receive this notice. 2. The conservation easement w ill affect the land described as (legal description or municipal address, if applicable) containing (number of acres or hectares) located in (improvement district, special area or municipality). 3. The name and phone number of the registered owner of the affected land are: 4. The purpose of the con servation easement is to: 5. A

summary of the terms o f the agreement creating the conservation easement relating to the use of the land includes: Dated this day of , 20 . (Signature) Signatory’s name and position with the qualified organization

Schedule AR 129/2010 CONSERVATION EASEMENT REGISTRATION REGULATION 4 Form 2 Declaration by Grantee CANADA ) IN THE MATTER of the registration of PROVINCE OF ) an agreement pursuant to

section 33 of ALBERTA: ) the Alberta Land Stewardship Act ) (the “agreement”) affecting the land described as (legal description) (the “land”) containing (number of acres or hectares) located in (improvement distric t, special area or municipality) I, , officer of (qualified organization) of (full address including street, municipality and country), SOLEMNLY DECLARE THAT: 1. (qualified organization) of (mailing address of qualified organization) is (

a) a local government body as defined in the Alberta Land Stewardship Act, the Government or a Government Agency, or (

b) a body corporate that (

i) has as one of its o bjects the acquisition and holding of interests in land for purposes that are substantially the same as any of the purposes listed in clause 2, (ii) has in its constating instrument a requirement that, on or in contemplation of the winding-up of the body corporate, all conservation easements that the body corporate holds are to be transferred to another qualified organization, and (iii) is a registered charity within the meaning of the Income Tax Act (Canada). 2. The conservation easement to be registered by way of the agreement in respect of all or part of the land is for one or more of the following purposes: (

a) the protection, conservation and enhancement of the environment;

Schedule AR 129/2010 CONSERVATION EASEMENT REGISTRATION REGULATION 5 (

b) the protection, conservation and enhancement of natural scenic or aesthetic values; (

c) the protection, conserv ation and enhancement of agricultural land or land for agricultural purposes; (

d) providing for any or all of the following uses of the land that are consistent with the purposes set out in clause (a), (

b) or (c): (

i) recreational use; (ii) open space use; (iii) environmental education use; (iv) use for research and s cientific studies of natural ecosystems. 3. Notice referred to in sectio n 33(2) of the Act has been given to the persons entitled to receive the notice in accordance with the Conservation Easement Registration Regulation. AND I MAKE THIS SOLEMN DECLARATION conscientiously, believing it to be true, and knowing that it is of the same force and effect as if made under oath. DECLARED before me ) (print name) ) at the of ) in the Province of ) (Signature) this day of , ) 20 . ) ) A Commissioner for Oaths Signatory’s name and position with the qualified organization AR 129/2010 Sched;9/2023

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 129/2010
Type	regulation
Volume / chapter	2010 129
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	003ecadf3f7df1a223c4a5c4527d4b03793635ab

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