Simon looking earnest in Preveza, Greece
"The problem with all animal law is the weakness of enforcement = the disaster that is the OSPCA
(as of Jan 2019) is just one recent example. The best hope for animals are civil actions, both with
existing law and pressing for the establishment of new torts. Standing law should be broadened to allow groups
and individuals to sue on behalf of animals, without any outdated ownership requirement."
Simon Shields, Lawyer
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Table of Contents

CASE LAW
EXTRACTS

Wild Animal Law of Canada

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Conservation Easements Act (NB)

(current to 01 June 2016)
Note Re Application of the Conservation Easements Act ('CEA')

This law bears on the wildlife issues of:
  • HABITAT
The full current text of this legislation (including regulations) may be viewed at the New Brunswick statute website.

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Conservation easements are a legal technique of imposing stronger environmental protections on lands with the owner's (the 'grantor') consent. They are registered on title to give them enforceability at the hands of the easement 'holder', and in order to pass such duties onto subsequent purchasers of the land [CEA 2].

Easement grantors can be private and public (the province, Canada and municipalities) land-owners [CEA 4]. Easement holders (who have the right to enforce the easement terms) can also be governments, but are typically environmental non-profit groups [CEA 5].

Their purposes can include [CEA 3]:
  • the conservation of ecologically sensitive land;

  • the protection, enhancement or restoration of natural ecosystems;

  • the protection or restoration of wildlife habitat or wildlife;

  • the conservation of habitat of rare or endangered plant or animal species;

  • the conservation or protection of soil, air, land or water;

  • the conservation of significant biological, morphological, geological or palaeontological features;

  • the conservation of places of value due to their archaeological, palaeontological, historic, cultural, natural, scientific or design importance.






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