|Techniques||Description||Advantages/Disadvantages||Legislative Basis||Who/How Administration||Type of lands||Examples|
|Purchase includes “First Right of Refusal” Local Area Levies and Local Improvement Charges||Purchase of land at fair market value.||City or other group directly acquires land. Permanent protection and public access. Options exist to recover costs through levies or charges on benefiting owners.||Municipal Act (right of municipality to acquire and dispose of own land) and right of municipality to levy local improvement charge on benefiting land||
||Any greenspace, particularly those requiring environmental protection.||
|Land Exchange (Equivalent to Outright Purchase)||Lands or interest in land can be traded to achieve mutual interests, and net differences in values can then be settled.||
||Municipal Act (right of municipality to acquire and dispose of own land)||City/NCC most common – public ownership||Any land or land use greenspace or other type of use including housing||City-NCC – Montfort Woods, Rockcliffe Park|
|Donation/ Bequest, Including a Life Estate||Land or interests in land donated during an individual’s lifetime or by private corporation or as a bequest as part of an estate. The donor may opt to retain use of land until death.||
||Any greenspace or other type of lands including housing||Rideau Waterways Land Trust- 24 ha near Kemptville Creek/Rideau River donation|
|Parkland Dedication Under the Planning Act||
||Planning Act||City ownership||Any greenspace, but usually active parkland||New subdivisions in Orleans, Barrhaven, etc.|
|Traditional Land Use and Other Regulatory Controls||
||Any greenspace if designation or zoning is not successfully challenged||
|Sale with Restrictions (Including acquisition and resale)||Land can be sold with restrictions in place to control future uses||
||City/NCC/Prov. Govt.||Greenspaces requiring environmental protection where public access may not be as critical||Little experience in Ontario. Variation used by Bruce Trail Association along Niagara Escarpment|
|Land Trust||Non-profit organizations dedicated to conserving open space, natural areas, etc.||
||N/A||Generally non-profit, incorporated community organization or a chapter within an existing organization||Usually land needing environmental protection or recreational Trails||Rideau Waterway Land Trust Foundation|
|Corporate Landowner Agreement/ Condominium Agreement||Similar to Land Trust Conservation land can be owned by a shareholder’s corporation or condominium devoted to the protection and management of the lands,||
||Private landowners, would not involve public ownership||Any greenspaces||Grand Hill Village Association, Kitchener|
|Conservation Easement||An agreement that restrict uses for conservation purposes, and when registered on title they bind both current and future landowners||
||Usually land needing environmental protection as well as heritage buildings||
|Restrictive Covenant||A condition on title that restricts the landowner’s use of land or assigns certain rights or access to an adjacent landowner. Applicable where a government wishes to control land use but not own the land||
||Usually land needing environmental protection||Township of Chandos, Peterborough County|
||Any land||City leases Ledbury Park site from the NCC|
|Incentives/ Assistance i.e. Tax Rebates/ Credits/ Management Agreements/ Funding Assistance||Tax or management incentives to encourage retention/ restoration of natural areas. Usually linked to land use restrictions such as Provincial policy and zoning.||
||Usually land needing environmental protection||Community Wildlife Program and the Community Fisheries Program, Conservation Lands Tax Reduction Program|
|Stewardship Support/ Education||Private land owner care and protection of land. Can be linked to incentives.||
||N/A||Private although all levels of government publicise and provide support||Usually land needing environmental protection||Wetland Habitat Fund, City of Ottawa’s “Green Acres Program”|
Section 5: Appendices
5.2 Appendix B - Greenspace Acquisition Policy
The following changes to the City’s Official Plan were adopted by Council to implement the new acquisition policies:
Modify Section 3.2.2, Natural Environment Areas, by deleting policies 4 and 5 in their entirety and renumbering the following sections accordingly.
Modify Section 5.2.1 General, by adding the following new policies:
- The City has a particular interest in ensuring that lands in the following designations are secured in a way that is consistent with their greenspace values: Natural Environment Areas, Significant Wetlands South and East of the Canadian Shield, Urban Natural Features and Major Open Space. A similar interest may apply to any lands along waterways in a Village or Urban Area.
- The City will consider methods other than acquisition to meet its objectives for the preservation of lands with greenspace values, including exchanging lands of similar value, negotiating conservation easements, entering into agreements with other public bodies concerning land management or maintenance, partnering with a land trust and other methods that may be proposed from time to time.
- The City may initiate the purchase of lands in any of the above-noted designations where acquisition of the land is critical to the achievement of its objectives;
- Where land that is designated Natural Environment Area or Urban Natural Feature is in private ownership, the City will acquire the land at the request of the landowner.
- Where land that is designated Major Open Space is not otherwise identified as flood plain or steep or unstable slopes, the City will acquire the land at the request of the landowner.
- When acquiring the land referred to in c) and d) above:
- The City will negotiate a purchase price based on an independent market value appraisal, but, if after six months, an agreement has not been reached, the City will offer to acquire the lands under Section 30 of the Expropriations Act and compensation may be determined in accordance with the provisions of the Act; or
- At the request of the landowner, the City will acquire the property through expropriation in accordance with the Expropriations Act.
- Improvements will not be acquired unless requested by the landowner;
- The acquisition may be limited to a part of a property, provided that the size of the part not acquired satisfies the requirements of this Plan;
Policy deferred by the Ontario Municipal Board
- Where land in a Natural Environment Area, Urban Natural Feature, or Major Open Space designation is in the ownership of a public body or agency, such as the National Capital Commission or a Conservation Authority, and where this property is not required to achieve their interests as expressed in their plans, and where this public body seeks to have the City acquire these lands, the City will proceed in accordance with policies c) and d) above.
- When the City receives an application for a zoning by-law amendment to permit development on lands that are currently zoned in an open space or leisure zone, the City will consider the need to acquire the land to secure its Greenspace interests.