Mr. Speaker, I am pleased to rise today to speak about Canada's ecological gifts program and provide information that may help members in their debate on Motion No. 15.
Before I begin, I would like to acknowledge that we are gathered on the unceded traditional territory of the Anishinabe Algonquin nation. I would also like to recognize that the lands and waters across Canada are the homelands and traditional territories of first nations, Inuit and Métis people.
I know first-hand that indigenous peoples have cared for these environments for thousands of years, and their knowledge and leadership remain essential today to conservation efforts. I remember growing up on the mouth of the Fraser River, which was my backyard and my playground, playing in the waters and fishing for salmon. I continue to do that today, but not in the way that my ancestors have done for thousands and thousands of years.
Over the years, as we welcomed many, many people to our shores, we did realize that all Canadians care deeply about nature. We depend on healthy ecosystems for clean air, clean water, stable climates, food stability and countless cultural and recreational benefits.
However, nature is coming under increased pressure. Climate change, habitat loss, pollution and landscape fragmentation are driving a decline in biodiversity in Canada and around the world. This reality highlights the need for urgent, coordinated action to stop and reverse nature loss.
The ecological gifts program is one of the tools that help Canada work toward that goal. It supports the voluntary long-term conservation of ecologically sensitive private land, complementing conservation efforts by federal, provincial, territorial, indigenous and community partners.
The program also allows Canadians who own ecologically sensitive lands to donate all or part of those lands to an eligible recipient. Eligible recipients include federal, provincial and territorial governments, municipalities, and environmental charities approved by Environment and Climate Change Canada. Once a donation is made, the recipient becomes responsible for protecting the biodiversity and environmental values of those lands. This helps ensure that important ecosystems remain intact for future generations.
The program is delivered by Environment and Climate Change Canada and supports many partners. This collaborative approach has contributed to the program's steady growth since it was created. Over the past 30 years, more than 2,000 ecological gifts have been made in this country. Together, they account for more than 261,000 hectares of habitat, an area larger than Prince Edward Island, and have an estimated total value of more than $1.4 billion.
The donated lands must be certified as ecologically sensitive by the Minister of Environment. Many of these lands help protect species at risk, wetlands, grasslands, coastal areas, forests and other ecosystems that are disappearing or under threat. These donations reflect a wide range of motivations and local circumstances. Some landowners are individuals with a strong conservation ethic. Others are farmers, ranchers or corporate owners who want to safeguard the natural value of their land over the long term.
Although most donors participate because of their commitment to conservation, the Income Tax Act provides specific incentives to encourage donations of ecologically sensitive land. These incentives help reduce financial barriers and support landowner participation. Key tax features of the program include the following. Corporate donors may deduct the full amount of their gift from their taxable income. Individual donors receive a non-refundable tax credit for the eligible amount of the donation. The capital gain on an ecological gift is reduced to zero, which is significant because for most other charitable gifts, 50% of the capital gain is taxable. Donors may carry forward any unused portion of their donation for up to 10 years. There is no limit on how much ecological gift value can be claimed in a year.
A reduction in federal tax payable will also reduce provincial tax. When federal assistance and provincial assistance are combined, the overall rate of tax support for ecological gifts can be substantial, often as high as 80%, depending on the province. This level of support reflects the public benefits that come from conserving ecologically sensitive land.
The law sets clear criteria for who may receive ecological gifts. Eligible recipients include provincial, federal and territorial governments, municipalities, municipal or public bodies performing a function of government, and environmental charities that have been approved by Environment and Climate Change Canada.
Municipalities and charities must also be approved on a gift-by-gift basis to ensure that they have the capacity to protect the land's ecological value over the long term. If they wish later to dispose of the land or change its use, they must obtain written authorization from the Minister of Environment. Unauthorized dispositions or changes in use trigger a tax penalty equal to 50% of the property's fair market value at the time of the disposition or change in use.
Since its creation in 1995, the ecological gifts program has been strengthened many times to improve clarity, fairness and conservation outcomes. When the program began, ecological gifts were exempted from the usual income limit rules, and strict safeguards were introduced so that donated lands could not be sold or used differently without federal approval.
In 1997, Parliament improved how partial interests, such as conservation covenants, easements and servitudes, are valued so as to accurately reflect the amount of the donation. Further refinements followed in 2000. These included a reduced capital gains inclusion rate and a requirement that the Minister of Environment determine the fair market value of each gift, with donors given the right to appeal. In 2006, ecological gifts became fully exempt from capital gains tax, and in 2014, the carry-forward period for claiming donations was extended from five to 10 years. In 2017, donations of personal servitudes in Quebec of at least 100 years became eligible as ecological gifts. These updates reflect Parliament's long-standing commitment to protecting ecologically sensitive lands through clear rules and strong accountability.
Environment and Climate Change Canada recently completed an evaluation of the program covering the years 2018-19 to 2023-24. In its evaluation, ECCC looked at program design, delivery, efficiency and alignment with government priorities. The findings were positive. They showed that the program's design remained sound, that the valuation process for ecological gifts was rigorous and protected public resources, and that performance targets were consistently met.
The ecological gifts program delivers strong value for money. In fact, the total value of lands protected was more than four times greater than the financial cost to the federal government.
The evaluation also identified challenges. Donors and recipients reported that aspects of the program can be complex and sometimes slow. In addition, indigenous communities and organizations looking to become ecological gift recipients face unique barriers.
Based on the evaluation, ECCC made two recommendations: Review and improve program delivery to increase timeliness, predictability and transparency; and develop communication materials and guidance to support indigenous communities and organizations interested in receiving ecological gifts. Environment and Climate Change Canada is following these recommendations and has developed a five-point management action plan, with implementation expected in 2026 and 2027.
The ecological gifts program is a long-standing, well-established conservation tool that encourages voluntary protection of ecologically sensitive private land. It balances strong environmental safeguards with clear tax rules and accountability measures. It has helped protect significant habitats across this country, and it continues to evolve to better meet the needs of donors, communities and conservation partners.
Motion No. 15 raises issues related to charitable tax treatment. It also encourages the government to consider approaches that further support conservation, for instance by examining parity between ecological gifts and other types of donations to conservation charities. While Motion No. 15 would be non-binding, it aligns with the broader national objective of protecting biodiversity and meeting Canada's commitments under the global biodiversity framework. This includes conserving 30% of lands and waters by 2030.
I hope that this information assists members as they continue this important debate, and I thank the House for the opportunity to provide these remarks today.