Conservation Easements Act, C-27.01

1 CONSERVATION EASEMENTS c C-27.01 The Conservation Easements Act being Chapter C-27.01 of the Statutes of Saskatchewan, 1996 (effective January 31, 1997) as amended by the Statutes of Saskatchewan, 2000, c L-5.1; 2010, c 6; 2021, c 19; 2022, c 26; and 2024, c 4. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c C-27.01 CONSERVATION EASEMENTS Table of Contents PART I DIVISION 3 Preliminary Matters Registration 1 Short title 11.4 Crown conservation easement notice 2 Interpretation to be registered PART II 11.41 Priority of other interests Conservation Easements 11.42 Amendment or termination of Crown DIVISION 1 conservation easement Application, Nature and Purpose DIVISION 4 2.1 Application of Part General 3 Nature of a conservation easement 11.5 Obligations may be enforced 4 Purpose of a conservation easement 11.51 Order enjoining person 5 Who may grant a conservation easement 11.52 Appointment of officers 6 Who may hold a conservation easement 11.53 Powers of officers DIVISION 2 11.54 Damage prevention and repair Registration 11.55 Minister may take action 7 Conservation easement notice to 11.56 Immediate seizure of items be registered 11.57 Appeal 8 Notice of intent to be provided DIVISION 5 9 Priority of other interests Offences and Penalties 9.1 Amendment of conservation easement 11.6 Offences 10 Termination of a conservation easement 11.61 Additional order from convicting court DIVISION 3 11.62 Limitation on prosecutions General PART IV 11 Obligations may be enforced General 11.1 Order enjoining person 11.7 Service of notice or documents PART III 12 Regulations Crown Conservation Easements PART V DIVISION 1 Transitional, Consequential and Application, Nature and Purpose Coming into Force 11.2 Application of Part 12.1 Transitional – conservation easements 11.21 Nature of a Crown conservation easement 13 SS 1983-84, c P-13.1 amended 11.22 Purpose of a Crown conservation easement 14 SS 1988-89, c S-17.1 amended 15 RSS 1978, c T-2 amended DIVISION 2 16 Coming into force Minister’s Responsibilities and Powers 11.3 Responsibilities and powers of minister re Crown conservation easements 3 CONSERVATION EASEMENTS c C-27.01 CHAPTER C-27.01 An Act respecting Conservation Easements and to make consequential amendments to other Acts PART I Preliminary Matters Short title 1 This Act may be cited as The Conservation Easements Act. Interpretation 2 In this Act: (a) “conservation easement” means a conservation easement within the meaning of section 3, but does not include a Crown conservation easement; (b) “Crown” means the Crown in right of Saskatchewan; (b.1) “Crown conservation easement” means a Crown conservation easement within the meaning of section 11.21; (c) Repealed. 2010, c 6, s 4. (d) “grantor” means a grantor of a conservation easement; (e) “holder” means the holder of a conservation easement; (f) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (g) “ministry” means the ministry over which the minister presides; (h) “officer” means an officer appointed pursuant to section 11.52 and includes a member of the Royal Canadian Mounted Police or a member of a police service as defined in The Police Act, 1990. 1996, c C-27.01, s 2; 2010, c 6, s 4. 4 c C-27.01 CONSERVATION EASEMENTS PART II Conservation Easements DIVISION 1 Application, Nature and Purpose Application of Part 2.1 This Part applies to conservation easements. 2010, c 6, s 6. Nature of a conservation easement 3(1) A conservation easement is a voluntary agreement entered into between a grantor and a holder that: (a) grants rights and privileges to the holder respecting land that relate to the purpose for which the conservation easement is granted; and (b) may impose obligations, either positive or negative, on the grantor or holder respecting that land that relate to the purpose for which the conservation easement is granted. (2) A conservation easement may: (a) exist for a fixed term or for perpetuity; and (b) be assigned by the holder, subject to any terms in the easement, to anyone eligible to be a holder. (3) Subject to this Act, a conservation easement runs with the land to which it relates for the period set out in it and is enforceable by the holder, whether the easement is positive or negative in nature, against the grantor or any subsequent owner of the land even though the holder owns no other land that would be accommodated or benefited by the easement. 1996, c C-27.01, s 3. Purpose of a conservation easement 4 A conservation easement may be granted for any of the following purposes: (a) the protection, enhancement or restoration of natural ecosystems, wildlife habitat or habitat of rare, threatened or endangered species; (b) the retention of significant botanical, zoological, geological, morphological, historical, archaeological or palaeontological features respecting land; (c) the conservation of soil, air and water quality; (d) any of the purposes prescribed in the regulations. 1996, c C-27.01, s 4; 2010, c 6, s 7. 5 CONSERVATION EASEMENTS c C-27.01 Who may grant a conservation easement 5(1) Any owner of an estate in fee simple may grant a conservation easement. (2) An owner may grant more than one conservation easement respecting land if there is no conflict between the rights and privileges granted and the obligations imposed by the conservation easements. (3) The Crown in right of Canada or a municipality may grant a conservation easement to: (a) itself; or (b) anyone eligible to be a holder. 1996, c C-27.01, s 5; 2010, c 6, s 8. Who may hold a conservation easement 6 Any of the following may hold a conservation easement: (a) the Crown; (b) the Crown in right of Canada; (c) a municipality; (d) a corporation within the meaning of The Non-profit Corporations Act, 2022 that has as one of its primary purposes a purpose mentioned in section 4; (e) any person, body or group or class of persons, bodies or groups that are eligible to hold an interest in land and that are prescribed in the regulations for the purposes of this section. 1996, c C-27.01, s 6; 2022, c 26, s 7. DIVISION 2 Registration Conservation easement notice to be registered 7(1) An interest based on a conservation easement may be registered in the Land Titles Registry against the affected titles. (2) The registration of an interest pursuant to subsection (1) is not valid unless: (a) the application for registration of the interest is accompanied by a conservation easement notice in the form prescribed in the regulations; and (b) according to the conservation easement notice, all persons with interests appearing on the affected titles have been served with a notice of intent pursuant to section 8. 6 c C-27.01 CONSERVATION EASEMENTS (3) A conservation easement has no effect until: (a) an executed copy of the conservation easement has been provided to the minister; (b) the fees prescribed in the regulations have been paid to the ministry; and (c) an interest based on the conservation easement is registered, in accordance with this Act and the regulations, in the Land Titles Registry against the affected titles. 2000, c L-5.1, s 231; 2010, c 6, s 10. Notice of intent to be provided 8(1) Before applying to the Registrar of Titles to register an interest based on a conservation easement, the proposed holder of the conservation easement shall serve a notice of intent, in the form prescribed in the regulations, on: (a) all persons with interests against the affected titles; and (b) the municipality in which the land affected by the easement is located. (2) A person served with a notice of intent pursuant to subsection (1) who objects to the registration of the interest may apply, within 60 days after being served with the notice of intent, to the Court of King’s Bench for an order that the interest based on the conservation easement is not valid. (3) On an application pursuant to subsection (2), the court, if satisfied that the proposed conservation easement would adversely affect the interests of the applicant, may order that the interest based on the conservation easement is not valid. (4) Where no person makes an application to the court within 60 days after being served with the notice of intent, the interest based on the conservation easement may be submitted to the Land Titles Registry for registration. 2000, c L-5.1, s 231; 2024, c 4, s 32. Priority of other interests 9(1) Subject to subsection (3) and section 27 of The Tax Enforcement Act, an interest based on a conservation easement that is registered pursuant to this Act does not have priority over: (a) a prior interest registered or filed respecting the title affected by the conservation easement; or (b) the interests implied against the affected title pursuant to The Land Titles Act, 2000. (2) The registration of an interest based on a conservation easement does not limit or otherwise impair the rights, including the rights of enforcement and realization, under any prior interest or an implied interest mentioned in subsection (1). (3) A person with a prior registered interest may postpone that interest in favour of an interest based on a conservation easement in accordance with section 62 of The Land Titles Act, 2000. 2000, c L-5.1, s 231. 7 CONSERVATION EASEMENTS c C-27.01 Amendment of conservation easement 9.1(1) A conservation easement may be amended, except with respect to the land description, by written agreement between the grantor or any subsequent owner of the land and the holder. (2) If a conservation easement is amended by written agreement pursuant to subsection (1), an interest based on the amended conservation easement may be registered in the Land Titles Registry pursuant to sections 7 and 8. (3) An amended conservation easement has no effect until: (a) an executed copy of the amended conservation easement has been provided to the minister; (b) the fees prescribed in the regulations have been paid to the ministry; and (c) an interest based on the amended conservation easement is registered, in accordance with this Act and the regulations, in the Land Titles Registry against the affected titles. 2010, c 6, s 11. Termination of a conservation easement 10(1) A conservation easement may be terminated: (a) by a written agreement between the holder and the registered owner of the title to the land against which the interest based on the conservation easement is registered; (b) by the Court of King’s Bench on application: (i) by the holder or registered owner of the title to the land, where the court is of the opinion that continuation of the easement would produce a severe hardship for the applicant; or (ii) by any person where the holder ceases to exist. (2) Where a holder ceases to exist, any person wishing to make an application pursuant to subclause (1)(b)(ii) shall provide 30 days’ notice to the Crown, and the Crown, within that period, may elect to assume the obligations of the holder and accept the rights and privileges respecting the conservation easement. (3) The registration of an interest based on a conservation easement may be discharged by applying to the Registrar of Titles to discharge the registration. (4) An application for discharge pursuant to subsection (3) must be accompanied by: (a) a notice of discharge in the form prescribed in the regulations; or (b) a copy of a court order issued pursuant to clause (1)(b) directing the Registrar of Titles to discharge the registration of the interest. 1996, c C-27.01, s 10; 2000, c L-5.1, s 232; 2024, c 4, s 32. 8 c C-27.01 CONSERVATION EASEMENTS DIVISION 3 General Obligations may be enforced 11(1) The rights, privileges and obligations in a conservation easement, whether positive or negative, of the holder, the grantor or any subsequent owner of the land may be enforced by an action in the Court of King’s Bench by: (a) the holder; (b) the grantor; (c) a subsequent owner of the land; or (d) in the court’s discretion, anyone else who is eligible to be a holder. (2) The Court of King’s Bench may grant any relief or remedy available at common law to the parties mentioned in subsection (1) whether or not the applicant is a party to the conservation easement or has suffered any damage. (3) In addition to the relief or remedy mentioned in subsection (2), the Court of King’s Bench, in its discretion, may 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. 1996, c C-27.01, s 11; 2010, c 6, s 13; 2024, c 4, s 32. Order enjoining person 11.1(1) The holder of a conservation easement may apply to a judge of the Court of King’s Bench for an order enjoining any person from proceeding contrary to the terms of a conservation easement. (2) On an application pursuant to this section, the judge of the Court of King’s Bench may make the order requested or any other order that the judge considers appropriate on any terms and conditions that the judge considers appropriate. (3) With leave of a judge of the Court of Appeal, the holder of a conservation easement or any person against whom an order is made may appeal the order to the Court of Appeal. 2010, c 6, s 14; 2021, c 19, s 8; 2024, c 4, s 32. 9 CONSERVATION EASEMENTS c C-27.01 PART III Crown Conservation Easements DIVISION 1 Application, Nature and Purpose Application of Part 11.2 This Part applies to Crown conservation easements. 2010, c 6, s 15. Nature of a Crown conservation easement 11.21(1) The Crown may grant a Crown conservation easement to itself. (2) A Crown conservation easement: (a) grants rights and privileges to the Crown respecting land that relate to the purpose for which the Crown conservation easement is granted; and (b) may impose obligations, either positive or negative, on the Crown and any future landowners respecting that land that relate to the purpose for which the Crown conservation easement is granted. (3) A Crown conservation easement exists in perpetuity or until terminated by the Crown. (4) Subject to this Act, a Crown conservation easement runs with the land to which it relates for the period set out in it and is enforceable by the Crown or any subsequent owner of the land even though the Crown or subsequent owner owns no other land that would be accommodated or benefited by the easement. 2010, c 6, s 15. Purpose of a Crown conservation easement 11.22 A Crown conservation easement may be granted for any of the following purposes: (a) the protection, enhancement or restoration of natural ecosystems, wildlife habitat or habitat of rare, threatened or endangered species; (b) the retention of significant botanical, zoological, geological, morphological, historical, archaeological or palaeontological features respecting land; (c) the conservation of soil, air and water quality; (d) any of the purposes prescribed in the regulations. 2010, c 6, s 15. 10 c C-27.01 CONSERVATION EASEMENTS DIVISION 2 Minister’s Responsibilities and Powers Responsibilities and powers of minister re Crown conservation easements 11.3(1) The minister is responsible for all matters not by law assigned to any other minister or government agency relating to Crown conservation easements. (2) For the purposes of carrying out the minister’s responsibilities, the minister may: (a) create, develop, adopt, co-ordinate and implement policies, strategies, objectives, guidelines, programs, services and administrative procedures or similar instruments respecting Crown conservation easements; (b) develop or establish standards or requirements respecting any matter governed by this Act; (c) do any other thing that the minister considers appropriate to carrying out the minister’s responsibilities or to exercising the minister’s powers pursuant to this Act and the regulations. (3) The minister shall cause notice of any standards or requirements that are developed or established pursuant to clause (2)(b), and of any amendments to those standards and requirements, to be made public in any manner that the minister considers appropriate. 2010, c 6, s 15. DIVISION 3 Registration Crown conservation easement notice to be registered 11.4(1) The minister may cause an interest based on a Crown conservation easement to be registered in the Land Titles Registry against the affected titles. (2) The minister shall give written notice of any interest based on a Crown conservation easement registered pursuant to this section to: (a) any persons with interests against the affected titles; and (b) the municipality in which the land affected by the easement is located. (3) The minister shall give the notice mentioned in subsection (2) as soon as possible after the interest based on the Crown conservation easement is registered in the Land Titles Registry against the affected titles. (4) A Crown conservation easement has no effect until an interest based on the Crown conservation easement is registered, in accordance with this Act and the regulations, in the Land Titles Registry against the affected titles. 2010, c 6, s 15. 11 CONSERVATION EASEMENTS c C-27.01 Priority of other interests 11.41(1) Subject to subsection (3) and section 27 of The Tax Enforcement Act, an interest based on a Crown conservation easement that is registered pursuant to this Act does not have priority over: (a) a prior interest registered or filed respecting the title affected by the Crown conservation easement; or (b) the interests implied against the affected title pursuant to The Land Titles Act, 2000. (2) The registration of an interest based on a Crown conservation easement does not limit or otherwise impair the rights, including the rights of enforcement and realization, under any prior interest or an implied interest mentioned in subsection (1). (3) A person with a prior registered interest may postpone that interest in favour of an interest based on a Crown conservation easement in accordance with section 62 of The Land Titles Act, 2000. 2010, c 6, s 15. Amendment or termination of Crown conservation easement 11.42(1) A landowner affected by a Crown conservation easement may apply to the minister for the amendment or termination of a Crown conservation easement. (2) An application made pursuant to subsection (1) must be: (a) in the form and contain any information that the minister may require; and (b) accompanied by any prescribed fee. (3) The minister shall review an application made pursuant to subsection (1) and may: (a) if the minister is satisfied that it is in the public interest to do so, approve the application; or (b) reject the application. (4) If the minister approves an application to amend a Crown conservation easement pursuant to this section, the minister may cause an interest based on the amended Crown conservation easement to be registered in the Land Titles Registry pursuant to section 11.4. (5) The minister shall give written notice of any interest based on an amended Crown conservation easement registered pursuant to this section to: (a) any persons with interests against the affected titles; and (b) the municipality in which the land affected by the easement is located. (6) The minister shall give the notice mentioned in subsection (5) as soon as possible after the interest based on the amended Crown conservation easement is registered in the Land Titles Registry against the affected titles. 12 c C-27.01 CONSERVATION EASEMENTS (7) An amended Crown conservation easement has no effect until an interest based on the amended Crown conservation easement is registered, in accordance with this Act and the regulations, in the Land Titles Registry against the affected titles. (8) If the minister approves an application to terminate a Crown conservation easement pursuant to this section, the registration of an interest based on the Crown conservation easement may be discharged by applying to the Registrar of Titles to discharge the registration. (9) An application for discharge pursuant to subsection (8) must be accompanied by a notice of discharge in the form prescribed in the regulations. (10) The minister’s decision to approve or reject an application pursuant to this section is final and conclusive and no proceedings by or before the minister may be restrained by injunction, prohibition or other proceedings or are removable by certiorari or otherwise by any court. 2010, c 6, s 15. DIVISION 4 General Obligations may be enforced 11.5(1) The obligations in a Crown conservation easement, whether positive or negative, of the Crown or any subsequent owner of the land may be enforced by an action in the Court of King’s Bench by the Crown. (2) The Court of King’s Bench may grant any relief or remedy available at common law to the Crown whether or not the Crown has suffered any damage. (3) In addition to the relief or remedy mentioned in subsection (2), the Court of King’s Bench, in its discretion, may order the defendant to take any action the court considers appropriate to restore, or remedy any harm to, the land to which the Crown conservation easement relates. 2010, c 6, s 15; 2024, c 4, s 32. Order enjoining person 11.51(1) The minister may apply to a judge of the Court of King’s Bench for an order enjoining any person from proceeding contrary to the terms of a Crown conservation easement. (2) On an application pursuant to this section, the judge of the Court of King’s Bench may make the order requested or any other order that the judge considers appropriate on any terms and conditions that the judge considers appropriate. (3) With leave of a judge of the Court of Appeal, the minister or any person against whom an order is made may appeal the order to the Court of Appeal. 2010, c 6, s 15; 2021, c 19, s 8; 2024, c 4, s 32. 13 CONSERVATION EASEMENTS c C-27.01 Appointment of officers 11.52(1) The minister may appoint any persons or class of persons as officers for the purpose of enforcing or overseeing the enforcement of this Act or the regulations. (2) The minister may set any limit or condition on any appointment pursuant to subsection (1) that the minister considers reasonable. 2010, c 6, s 15. Powers of officers 11.53 All officers have the powers set out in sections 6.1 to 11, 13 and 14 of The Natural Resources Act and those provisions of that Act apply, with any necessary modification, to officers. 2010, c 6, s 15. Damage prevention and repair 11.54(1) An officer may make an order requiring any person to stop any activity where the officer believes, on reasonable grounds, that the person has done or is doing anything to alter land that is the subject of a Crown conservation easement in a manner contrary to the purpose of the Crown conservation easement. (2) The officer’s order remains in effect for seven days or any shorter period designated by the officer. (3) The officer may rescind an order made pursuant to subsection (1) before the time set for its expiration if the person to whom the order is directed has done all of the following to the officer’s satisfaction: (a) stopped doing any activity mentioned in subsection (1); (b) prevented further damage from occurring as a result of an activity mentioned in subsection (1); (c) repaired any damage caused by an activity mentioned in subsection (1). (4) During the period of the officer’s order, the minister may make an order: (a) confirming the officer’s order and directing the person to stop the activity mentioned in subsection (1) for any period designated by the minister; (b) directing the person to take any action the minister considers appropriate to repair the damage or prevent further damage; (c) specifying the manner, method or procedures to be used in carrying out the measures required by the minister; and (d) specifying the time that any measure required by the minister is to begin and the period within which the order or any portion of the order is to be complied with. 14 c C-27.01 CONSERVATION EASEMENTS (5) The minister may make an order rescinding or amending an order made pursuant to subsection (1) or (4). (6) Neither the minister nor an officer is required to grant any person a hearing or an opportunity to make representations before making an order pursuant to this section. (7) An order made pursuant to this section must be served on the person to whom it is directed. 2010, c 6, s 15. Minister may take action 11.55(1) The minister may do all or any of the things mentioned in subsection (2) if a person on whom an order is served pursuant to section 11.54 fails to comply with that order: (a) within the period specified in that order; or (b) if no period is stated in the order, within a reasonable period after the order was served. (2) In the circumstances mentioned in subsection (1), the minister may: (a) carry out the order; and (b) recover the costs and expenses incurred pursuant to clause (a) on behalf of the Crown as a debt due and recoverable by the Crown from the person who failed to comply with the order. 2010, c 6, s 15. Immediate seizure of items 11.56(1) Notwithstanding any other Act or law, if, while performing an inspection, an officer believes on reasonable grounds that land that is the subject of a Crown conservation easement is being altered or may be altered, the officer may seize, remove and detain any item or thing the officer considers necessary to stop or prevent the contravention of a Crown conservation easement. (2) An officer may detain an item or thing seized and removed pursuant to this section for not longer than 45 days, unless the minister directs its earlier release. (3) If an officer seizes any item or thing pursuant to subsection (1), the officer shall provide the person from whom the item or thing was seized with a notice of the seizure. (4) The owner of an item or thing that was seized, removed and detained pursuant to subsection (1), or any person from whom an item or thing was seized, removed and detained pursuant to subsection (1), may apply to the minister for release of the item or thing before the expiry of the 45-day period mentioned in subsection (2). 15 CONSERVATION EASEMENTS c C-27.01 (5) The minister may authorize the release of an item or thing detained pursuant to subsection (1) if the minister is satisfied that: (a) detention of the item or thing is no longer necessary to stop or prevent the contravention of a Crown conservation easement; or (b) it is appropriate to do so. (6) If the person from whom an item or thing was seized pursuant to this section is convicted of an offence pursuant to this Act, that person shall reimburse the minister for the officer’s reasonable costs of seizing, removing and detaining the item or thing before it is released pursuant to this section. 2010, c 6, s 15. Appeal 11.57(1) Any person aggrieved by an order of the minister or an officer made pursuant to section 11.54 may appeal the order on a question of law or jurisdiction to a judge of the Court of King’s Bench at any time within 30 days after the order is served. (2) With leave of a judge of the Court of Appeal, any person who is a party to an appeal pursuant to subsection (1) and is aggrieved by the decision of the Court of King’s Bench may appeal the decision of the Court of King’s Bench to the Court of Appeal. (3) An appeal does not stay the operation of the order with respect to which the appeal is taken unless a judge of the court to which the appeal is taken orders otherwise. 2010, c 6, s 15; 2021, c 19, s 8; 2024, c 4, s 32. DIVISION 5 Offences and Penalties Offences 11.6(1) No person shall: (a) alter lands that are the subject of a Crown conservation easement unless the alteration is permitted pursuant to the regulations or is otherwise authorized in writing by the minister; (b) fail to comply with a Crown conservation easement; (c) make a false statement or provide false information to the minister, an officer, the ministry or any person acting on behalf of the minister; (d) omit to state a fact that is required to be stated or that is necessary to make a statement not misleading in light of the circumstances in which it was made to the minister, an officer, the ministry or any person acting on behalf of the minister; (e) fail to comply with an order of the minister or an officer issued pursuant to this Act; or (f) fail to comply with any provision of this Act or the regulations. 16 c C-27.01 CONSERVATION EASEMENTS (2) Subject to subsection (3), every person who contravenes a provision of this Act or the regulations is guilty of an offence and liable on summary conviction: (a) in the case of an individual: (i) to a fine of not more than $100,000; and (ii) to a further fine of not more than $100,000 for each day or part of a day during which the offence continues; and (b) in the case of a corporation: (i) to a fine of not more than $500,000; and (ii) to a further fine of not more than $500,000 for each day or part of a day during which the offence continues. (3) If a person is convicted of an offence pursuant to this Act or the regulations and the court is satisfied that as a result of the commission of the offence monetary benefits accrued to the offender, the court may order the offender to pay, in addition to a fine pursuant to subsection (2), a fine in an amount equal to the court’s estimation of the amount of those monetary benefits. (4) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for that offence whether or not the corporation has been prosecuted or convicted. 2010, c 6, s 15. Additional order from convicting court 11.61 In addition to or instead of any penalty imposed pursuant to this Act, the convicting court, having regard to the nature of the offence and the circumstances surrounding its commission, may make an order doing one or more of the following: (a) prohibiting the convicted person from doing any act or engaging in any activity that, in the opinion of the court, may result in the continuation of the offence; (b) directing the convicted person to repair any damage to any lands that resulted from the commission of the offence in a manner and within the period specified by the order; (c) requiring the convicted person to take steps to prevent any damage to any lands that may result from the commission of the offence in a manner and within the period specified by the order; (d) directing the convicted person to pay to the minister an amount of money as compensation, in whole or in part, for the cost of any corrective action taken by or at the direction of the minister as a result of the commission of the offence; (e) requiring the convicted person to do any other thing that, in the opinion of the court, is necessary in the circumstances. 2010, c 6, s 15. 17 CONSERVATION EASEMENTS c C-27.01 Limitation on prosecutions 11.62 No prosecution for a contravention of this Act or the regulations is to be commenced more than three years after the facts on which the alleged contravention is based first came to the knowledge of the minister. 2010, c 6, s 15. PART IV General Service of notice or documents 11.7(1) In this section, “business day” means a day other than a Saturday, Sunday or holiday. (2) Any notice, order or decision required by this Act or the regulations to be given or served is to be served personally or mailed by registered mail to the last known address of the person being served or by any other means prescribed in the regulations. (3) A document served by registered mail is deemed to have been received on the tenth business day following the day of its mailing, unless the person to whom it was mailed establishes that, through no fault of the person, he or she did not receive the document or that he or she received it at a later date. (4) Irregularity in the service of a notice, order or decision does not affect the validity of an otherwise valid notice, order or decision. 2010, c 6, s 17. Regulations 12 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) prescribing the purposes for which a conservation easement or Crown conservation easement may be granted; (c) for the purposes of section 6, prescribing a person, body or group or a class of persons, bodies or groups; (d) respecting procedures for registering an interest based on a conservation easement or Crown conservation easement and amending that registration; (e) Repealed. 2010, c 6, s 18. (f) respecting the information to be included in a conservation easement or Crown conservation easement, a conservation easement notice and a notice of intent, including basic requirements that must be contained in a conservation easement or a Crown conservation easement; (g) prescribing any forms to be used for registration and discharge, including the manner in which a form is to be attested to, and the form mentioned in subsection 8(1); 18 c C-27.01 CONSERVATION EASEMENTS (h) prescribing fees to be paid to the ministry; (h.1) for the purposes of clause 11.6(1)(a), respecting the alteration of lands that are the subject of Crown conservation easements; (h.2) for the purposes of subsection 11.7(2), prescribing other means of service; (i) prescribing any other matter or thing that is required or authorized by this Act to be prescribed in the regulations; (j) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 1996, c C-27.01, s 12; 2000, c L-5.1, s 232; 2010, c 6, s 18. PART V Transitional, Consequential and Coming into Force Transitional – conservation easements 12.1 Notwithstanding section 8 of The Conservation Easements Amendment Act, 2010, all conservation easements granted by the Crown pursuant to subsection 5(3) as that subsection existed before the coming into force of this section, and that are in existence on the day on which section 8 of The Conservation Easements Amendment Act, 2010 comes into force, are continued in force as conservation easements. 2010, c 6, s 19. 13 Dispensed. This/these section(s) makes consequential amendments to another/ other Act(s). Pursuant to subsection 33(1) of The Interpretation Act, 1995, the amendments have been incorporated into the corresponding Act(s). Please refer to the Separate Chapter to obtain consequential amendment details and specifics. 14 Dispensed. This/these section(s) makes consequential amendments to another/ other Act(s). Pursuant to subsection 33(1) of The Interpretation Act, 1995, the amendments have been incorporated into the corresponding Act(s). Please refer to the Separate Chapter to obtain consequential amendment details and specifics. 15 Dispensed. This/these section(s) makes consequential amendments to another/ other Act(s). Pursuant to subsection 33(1) of The Interpretation Act, 1995, the amendments have been incorporated into the corresponding Act(s). Please refer to the Separate Chapter to obtain consequential amendment details and specifics. Coming into force 16 This Act comes into force on proclamation. 1996, cC-27.01, s 16. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024