Definitions
12 (1) In this section, “eligible body” means, (a)  the Crown in right of Canada or in right of Ontario, (b)  an agency, board or commission of the Crown in right of Canada or in right of Ontario that has the power to hold an interest in land, (c)  a band within the meaning of the Indian Act (Canada), (d)  an aboriginal community or organization prescribed by the regulations made under this Act, (e)  a municipality, (f)  a conservation authority established under the Conservation Authorities Act, (g)  a board within the meaning of the Education Act, (h)  a corporation incorporated under the
Not-for-Profit Corporations Act, 2010 or a predecessor of that Act or under the Canada Not-for-profit Corporations Act or a predecessor of that Act, and that is a charity registered under the Income Tax Act (Canada), (i)  a trustee of a charitable foundation that is a charity registered under the Income Tax Act (Canada), (j)  a prescribed donee under the Income Tax Act (Canada), (k)  a qualified organization, as defined under section 170 (h) of the Internal Revenue Code
(United States) and Treasury Reg 1.170A-14 (United States), (l)  a corporation created by statute that is a registered charity under the Income Tax Act
(Canada), (m)  any other person or body prescribed by the regulations made under this Act; (“organisme admissible”) “owner” means the registered owner of land under the Registry Act or the Land Titles Act. (“propriétaire”) 2016, c. 8, Sched. 1, s. 12 (1); 2017, c. 20, Sched. 8, s. 117. Nominee of eligible body (2) For the purposes of this section, a reference to an eligible body includes a nominee of the eligible body who is acceptable for registration in the land registration system as a registered owner of an interest in land. 2016, c. 8, Sched. 1, s. 12 (2). Granting of easements (3) An owner of land may grant an easement, with covenants, to one or more eligible bodies, (a)  for the preservation, enhancement or management of the use of, or access to, all or a portion of the land for purposes relating to trails or to activities relating to trails; (b)  for the creation, maintenance or management of trails for public use; or (c)  for the purposes as may be prescribed by the regulations made under this Act. 2016, c. 8, Sched. 1, s. 12 (3). Granting of easement voluntary (4) For greater certainty, the decision to grant an easement under subsection (3) is voluntary. 2016, c. 8, Sched. 1, s. 12 (4). Easement reserved by a body (5) When an eligible body conveys land, it may reserve an easement for a purpose referred to in subsection (3). 2016, c. 8, Sched. 1, s. 12 (5). Same (6) A reference in any Act or regulation to easements granted under this Act also applies to easements reserved in accordance with subsection (5). 2016, c. 8, Sched. 1, s. 12 (6). Covenant re uses and activities (7) An easement shall contain one or more covenants, as may be agreed upon by the owner of the land and the eligible body, stating the uses and activities permitted, restricted or prohibited on the land to which the easement relates and a description of those uses and activities. 2016, c. 8, Sched. 1, s. 12 (7). Same (8) A covenant required under subsection (7) has effect for the term of the easement. 2016, c. 8, Sched. 1, s. 12 (8). Registration of easement (9) An eligible body shall register the easement against the land affected in the proper land registry office and, once registered, the easement and the covenants contained in the easement run with the land against which it is registered. 2016, c. 8, Sched. 1, s. 12 (9). Not valid unless registered (10) An easement is not valid unless it is registered under subsection (9). 2016, c. 8, Sched. 1, s. 12 (10). Assignment (11) An easement shall contain one or more covenants, as may be agreed upon by the owner of the land and the eligible body, with respect to the assignment of the easement to another eligible body. 2016, c. 8, Sched. 1, s. 12 (11). Same (12) An easement may be assigned by an eligible body only to another eligible body and only if the following requirements are met: 1.  The eligible body gives the owner of the land reasonable notice of the assignment. 2.  The assignment is in writing. 3.  The assignment is made in accordance with the covenant or covenants referred to in subsection (11). 2016, c. 8, Sched. 1, s. 12 (12). Same, registration (13) An assignment under subsection (12) must be registered on title to the land. 2016, c. 8, Sched. 1, s. 12 (13). Term (14) An easement is valid for the term specified in it.  The term must be specified as a period of months, years or in perpetuity. 2016, c. 8, Sched. 1, s. 12 (14). Validity (15) An easement registered on title to land, including the covenants contained in the easement, is valid whether or not the eligible body owns appurtenant land or land capable of being accommodated or benefited by the easement or covenant and regardless of whether the covenant is positive or negative in nature. 2016, c. 8, Sched. 1, s. 12 (15). Release (16) The eligible body may execute a release of an easement and shall provide a signed copy of the release to the owner of the land. 2016, c. 8, Sched. 1, s. 12 (16). Same, registration (17) The eligible body shall register the release of the easement against title to the land affected in the proper land registry office.  If the eligible body fails to register the release, the owner of the land shall register the release. 2016, c. 8, Sched. 1, s. 12 (17). Enforcement of easement (18) An eligible body may enforce an easement that is registered on title to the land, including the covenants contained in the easement, against the owner of the land and against any subsequent owner of the land against which it is registered. 2016, c. 8, Sched. 1, s. 12 (18). Same (19) The owner of land may enforce against the eligible body the covenants contained in an easement that is registered on title to the land. 2016, c. 8, Sched. 1, s. 12 (19). No merger of registered easement (20) If an eligible body becomes the owner of land in respect of which it has the benefit of a registered easement, (a)  the easement does not merge in title; and (b)  if the eligible body transfers the land, the easement and the covenants continue to run with the land. 2016, c. 8, Sched. 1, s. 12 (20). Rights preserved (21) Nothing in this section limits a right or remedy that a person may have under any other Act, at common law or in equity in respect of an easement or a covenant, if the right or remedy is not inconsistent with this section. 2016, c. 8, Sched. 1, s. 12 (21). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 117 - 19/10/2021