- Updated to: May 17, 2016 -
(includes Amendments
Assented to May 13, 2016)
(Click
HERE for Previous Version of this
Act)
CHAPTER L-5
PRINCE EDWARD ISLAND LANDS PROTECTION ACT
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INTERPRETATION |
Definitions |
1.(1) In this Act |
agriculture |
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(a) repealed by 1995, c.22,
s.1;
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aggregate land holding |
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(b) "aggregate land
holding"
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(i) in relation to a person, includes |
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(A) all land holdings of that person, and
of the person's minor children, |
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(B) the relevant amount of land holdings
of any corporation in which the person, or any of them, hold more than 5 per cent of the shares, and
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(C) the relevant amount of land holdings
of any other corporation in which more than 5 per cent of the shares are
held by a corporation in which the shareholder or the shareholder's minor children
own more than 5 per cent of the shares, |
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(ii) in relation to a corporation,
includes
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(A) all land holdings of that corporation,
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(B) all land holdings
of any person, and of the person's minor children, who holds more than 5 per cent of
the shares in that corporation,
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(C) all land holdings
of any other corporation that holds more than 5 per cent of the shares in
that corporation, and |
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(D) the
relevant amount of land holdings
of any other corporation in which more than 5 per cent of the shares are
held by
(I) that
corporation,
(II) a person referred to in paragraph (B), or
(III) a corporation referred to in paragraph (C).
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arable land |
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(b.1) "arable land" means land
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(i) on which a temporary
agricultural crop is planted, or
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(ii) on which a temporary
agricultural crop was planted at any
time in the immediately preceding four years;
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Commission |
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(c) "Commission" means the Island Regulatory and Appeals Commission
established under section 2 of the
Island Regulatory and Appeals Commission Act,
R.S.P.E.I. 1988, Cap. I-11;
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corporation |
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(d) "corporation" includes a partnership, cooperative association or body
corporate whether formed or incorporated under the law of this province or any other
province or of Canada or outside of Canada, and for the purposes of this Act a corporation
and other corporations directly or indirectly controlled by the same person, group or
organization shall be deemed to be one corporation;
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farm corporation |
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(e) repealed by 1990,c.28,s.1;
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hold |
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(e.1) "hold", in relation to shares, includes shares held by any trustee,
legal representative, agent or other intermediary, as well as a person or corporation that
has beneficial ownership of such shares;
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land |
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(f) "land" means real property in the province but does not
include any parcel of land of one acre or less that is situated within the boundaries of a
municipality with an official plan approved by the Minister under the
Planning Act R.S.P.E.I. 1988, Cap. P-8; |
land holding |
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(g) "land holding" means an interest in land conferring the
right to use, possession or occupation of that land, and includes the
interest of a lessor in respect of a land holding subject to a lease as
provided in subsections (3) to (3.6), but does not include
land or an interest in land acquired by |
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(i) a
bank,
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(ii) a
trust company, or
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(iii) another financial institution |
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in the
ordinary course of its business by way of security for a debt, credit or
other obligation;
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Minister |
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(h) "Minister" means that
member of the Executive Council charged by order of the Lieutenant Governor in Council
with the administration of this Act; |
municipality |
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(i) repealed by 1995, c.22,
s.1;
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non-arable
land |
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(i.1)
"non-arable land" means land that is not arable land;
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permit |
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(i.2)
"permit" means the permission given by the Lieutenant Governor
in Council under section 4, 5 or 5.3 in the form of an Order in Council; |
person |
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(j) "person" means a
natural person; |
principal residence |
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(k) "principal
residence" means
the usual place where a person makes his or her home; |
share |
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(l) "share" means |
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(i) in relationship to a partnership
or co-operative association, a unit representing a proportion of the ownership of the
partnership or association;
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(ii) in relation to a corporation, an
issued share carrying voting rights under all circumstances or by reason of the occurrence
of an event that has occurred and that is continuing, and includes
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(A) a security currently convertible
into such a share, and
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(B) currently exercisable options and
rights to acquire such a share or such a convertible security;
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shore
frontage |
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(m) "shore frontage" means shore frontage as defined in the
regulations;
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temporary
agricultural crop |
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(n) "temporary agricultural crop" means a crop that is comprised of annual
or biennial plants.
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Resident Person |
(1.01) For the purposes of this Act, a person is a resident person if
the person |
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(a) is |
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(i) a
Canadian citizen, or
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(ii) a
permanent resident within the meaning of the
Immigration and Refugee Protection Act (Canada); and
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(b) has resided and
maintained the person's principal residence in the province for not less
than three hundred and sixty-five days during the twenty-four month period
immediately preceding the date of acquisition of a land holding. |
Deemed interest in land |
(1.1) Any person or corporation that holds shares in a corporation is
deemed to have an interest in land to the extent of the relevant amount of
land holdings as prescribed by subsection (2). |
Relevant amount, calculation of |
(2) For the purposes of clause (1)(b), the relevant amount is determined by
multiplying the total land holding of the corporation by the proportion that
the number of shares in that corporation held by the shareholder and,
if the shareholder is a person by his minor children bears to the total
number of shares in the corporation but where the total land holding
of a corporation exceeds the limit imposed by clause 2(b), the amount of the
excess shall be excluded in the calculation of the
relevant amount in respect of a person or corporation that owns shares in
that corporation. |
Calculation of aggregate land
holding |
(3) For the purpose of calculating the aggregate land holding of any person
or corporation |
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(a) at any time before January 1,
1996, land under lease to another person or corporation shall be deemed to be in the
possession of that other person or corporation; |
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(b) on or after January 1, 1996, land
under lease to another person or corporation shall be deemed to be in the possession of
both the lessor and lessee. |
Exclusion
of leased arable land from calculation |
(3.1)
Notwithstanding subsection (3), for the purpose of calculating the
aggregate land holding of any person or corporation under section 2 or 10 or
subsection 11.1(1) on or after the date
this subsection comes into force, |
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(a) the
land holdings that the person is leasing to another person or corporation,
up to the lesser of one-half the total number of acres of arable land held
by that person or 500 acres of arable land, shall be excluded from his or her aggregate land holding; and |
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(b) the
land holdings that the corporation is leasing to a person or another
corporation, up to the lesser of one-half the total number of acres of
arable land held by that corporation or 1,500 acres of arable land, shall be
excluded from the corporation's aggregate land holding. |
Deemed
possession of land held under lease |
(3.2)
Notwithstanding subsection (3), for the purposes of calculating the
aggregate land holding of any person or corporation under section 2 or 10 or
subsection 11.1(1) on or after the date
this subsection comes into force, where the person or corporation, as a
lessor, has granted a lease in a land holding, |
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(a) the
amount of that land holding that is excluded from the lessor's aggregate
land holding under subsection (3.1), if any, shall be deemed to be solely in
the possession of the lessee; and |
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(b) the
remaining amount of the land holding held under the lease by the lessee, if
any, shall be deemed to be in the possession of both the lessor and the
lessee. |
Possession
of land when lease terminated by default |
(3.3)
Notwithstanding subsection (3), for
the purpose of calculating the aggregate land holding of a person or a
corporation under section 2 or 10 or subsection 11.1(1), where |
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(a) the
person or corporation, as a lessor, has granted a lease in a land holding;
and |
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(b)the lease has been terminated as a
result of default, |
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the
lessor shall be deemed, as of the date of the termination of the lease as a
result of default, to be in possession
of the land holding in which the lease was granted. |
Report of
termination of lease by default |
(3.4)
Where, pursuant to subsection (3.3), the termination of a lease as a result
of default results in the lessor being deemed to be in
possession of an aggregate land holding that exceeds the relevant limit set
out in subsection 2(1), the lessor shall, within 30 days after the date of the
termination of the lease as a result of default, file a statement with the
Commission that discloses
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(a) the
occurrence of the termination of the lease as a result of default;
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(b) the
amount of the land holding that was leased; and
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(c) the
current amount of the lessor's aggregate land holding.
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Temporary
exemption |
(3.5)
Where a person or corporation files a statement in accordance with
subsection (3.4), the Commission shall issue to the person or corporation,
as the case may be, a written exemption excluding the land holding that was
the subject
of the lease terminated as a result of default from the land holding of that
person or corporation for the term or period of time specified in the
exemption, not exceeding 2
years, as the Commission considers appropriate. |
Exclusion |
(3.6)
Notwithstanding subsection (3), for
the purposes of calculating the aggregate land holding of a person or
corporation under section 2 or 10 or subsection 11.1(1), during the term of a written exemption issued to the person or
corporation under subsection (3.5), the land holding subject to the
exemption shall be excluded from the aggregate land holding of the person or
corporation, as the case may be.
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Repeal |
(3.7) This subsection and subsections (3.1) to (3.6) are repealed on
December 31,
2020.
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Land held on trust |
(4) For the purpose of calculating the aggregate land holding of any person
or corporation land held on trust shall be deemed to be in the possession of
both the trustee and the beneficiary. |
Attribution, tenants in common and
joint tenants |
(5) For the purpose of calculating the aggregate land holding of any person
or corporation |
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(a) where land is held by tenants in
common, the land holding attributed to each tenant in common shall be equal to the
proportion of each tenant's interest in the land; |
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(b) where land is held by joint
tenants, the land holding attributed to each joint tenant shall be deemed to be equal to
the proportion of each tenant's interest in the land as if the land were held by
tenancy in common; |
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(c) where shore frontage is held by
tenants in common, the shore frontage attributed to each tenant in common shall be equal
to the proportion of each tenant's interest in the land; |
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(d) where shore frontage is held by
joint tenants, the shore frontage attributed to each joint tenant shall be deemed to be
equal to the proportion of each tenant's interest in the land as if the land were
held by tenancy in common.
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Exclusion
of certain amounts of non-arable land |
(6) For
the purpose of calculating the aggregate land holding of any person or
corporation under section 2 or 10 or subsection 11.1(1),
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(a) the
non-arable land holdings of the person, up to a maximum total amount of 400
acres, shall be excluded from the person's aggregate land holding; and
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(b) the
non-arable land holdings of the corporation, up to a maximum total amount of
1,200 acres, shall be excluded from the corporation's aggregate land
holding.
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Non-application |
(7) For
greater certainty, the exclusion of non-arable land holdings from the
calculation of the aggregate land holding of a person or corporation
authorized under subsection (6) does not apply to the calculation of the
aggregate land holding of a non-resident person under section 4 or 5.3 or a
corporation under section 5 or 5.3.
1982,c.16,s.1; 1990,c.28,s.1; 1995, c.22,s.1; 1996,c.22,s.1; 1998,c.79,s.1;
2002,c.32,s.1; 2014;c.5,s.1; 2016, c.23,s.1,2.
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PURPOSE |
Purpose |
1.1 The purpose of this Act is to
provide for the regulation of property rights in Prince Edward Island, especially the
amount of land that may be held by a person or corporation. This Act has been enacted in
the recognition that Prince Edward Island faces singular challenges with regard to
property rights as a result of several circumstances, including |
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(a) historical difficulties with
absentee land owners, and the consequent problems faced by the inhabitants of Prince
Edward Island in governing their own affairs, both public and private; |
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(b) the province's small land
area and comparatively high population density, unique among the provinces of Canada; and |
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(c) the fragile nature of the
province's ecology, environment, and lands and the resultant need for the exercise of
prudent, balanced, and steadfast stewardship to ensure the protection of the
province's ecology, environment, and lands.
1998,c.79,s.20. |
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CONTROL OF LAND HOLDINGS |
Maximum land holdings |
2.(1) The
following limits apply in respect of aggregate land holdings; |
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(a) no person shall have an aggregate
land holding in excess of 1000 acres; |
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(b) no corporation shall have an
aggregate land holding in excess of 3000 acres.
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Succession
period |
(2) The Commission
may, at its discretion, authorize a succession period of up to five years
when illness, death or other extenuating circumstance results in a person or
corporation exceeding the limits set out in subsection (1) for an aggregate
land holding. |
Additional succession period |
(3) The
Commission, with the approval of the Lieutenant Governor in Council, may at
any time prior to the expiry of the period referred to in subsection (2)
authorize an additional succession period of up to two years. |
Calculation during succession period |
(4) For the purposes
of calculating the aggregate land holding of a person or corporation during
the term of a succession period authorized under subsection (2) or (3), the
land holding of the person or corporation that results in the person or
corporation exceeding the limits shall be excluded from the aggregate land
holding of the person or corporation.
1982,c.16,s.2; 1995,c.22,s.2.16;
2014,c.5,s.2. |
Computation of aggregate |
3. For the avoidance of doubt
it is declared that a land holding acquired before May 7, 1982 shall be taken into
account in determining the aggregate land holding of any person or corporation for the
purposes of this Act.
1982,c.16,s.3; 1998,c.79,s.3. |
Non-resident person |
4. A person
who is not a resident person shall not have an aggregate land holding |
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(a) in excess of five
acres; or |
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(b) having a shore
frontage in excess of 165 feet, measured in a line following the general
trend of the shore frontage, |
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unless the person first receives
permission to do so from the Lieutenant Governor in Council.
1982,c.16,s.4; 1988,c.37,s.1; 1995,c.22,s.2,16;
2014,c.5,s.3. |
Corporation |
5. A
corporation shall not have an aggregate land holding |
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(a) in excess of five
acres; or |
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(b) having a shore
frontage in excess of 165 feet, measured in a line following the general
trend of the shore frontage, |
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unless it first receives
permission to do so from the Lieutenant Governor in Council.
1982,c.16,s.5;1990,c.28,s,2;
2014,c.5,s.4. |
Idem |
(2) Repealed by 1990,c.28,s.2.
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Transitional provisions |
5.1 Where an aggregate land holding
not exceeding ten acres in area or having a shore frontage of less than three hundred and
thirty feet has been lawfully acquired by a non-resident person or corporation in
accordance with the law in force at the time of acquisition, it shall be deemed to be held
in compliance with this Act as if a permit therefor had been granted under section 4 or 5,
as the case may be.
1995,c.22,s.3. |
Transitional
provisions |
5.2 Where an
aggregate land holding in excess of five acres or having a shore frontage in
excess of one hundred and sixty-five feet has been acquired by a resident
person who subsequently ceases to be a resident person, he or she may
continue to have and hold that land holding without obtaining a permit
under section 4.
1995,c.22.s.3;
2014,c.5,s.5. |
Application to lease land |
5.3 (1) Where a person or
corporation intends to acquire by lease a land holding for which permission is required
pursuant to section 4 or section 5, the person or corporation shall |
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(a) apply pursuant to section 4 or 5 for
permission to acquire by lease that specific land holding; or |
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(b) apply for permission pursuant to
this section to acquire by lease and to continue to hold a certain number of acres of land
as part of the applicant's aggregate land holding. |
Annual statement |
(2) Where permission has been granted by the Lieutenant Governor in
Council for a lease of land pursuant to an application made under clause
(1)(b), the person or corporation shall |
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(a) within one year of receiving
permission; and |
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(b) in every subsequent year, prior
to December 31, |
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file a statement disclosing information
prescribed by subsection (3). |
Information required in statement |
(3) The statement required by subsection (2) shall disclose |
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(a) the parcel number; |
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(b) the acreage leased; and |
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(c) the term of the lease or leases; |
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for each parcel leased during the
reporting period covered by the statement. |
Increase in land holding |
(4) Where a
person or corporation permitted to hold land pursuant to this section intends to increase
the amount of land held beyond the amount previously permitted by the Lieutenant Governor
in Council, a new application shall be made by the person or corporation. |
Variance of land holding |
(5) Where a person
or corporation permitted to hold land pursuant to this section intends to vary the amount
of land held, but not to increase the amount of land held beyond the amount previously
permitted by the Lieutenant Governor in Council, no new application need be made pursuant
to this section.
1998,c.79,s.4. |
Subsequent acquisitions |
6. For
the avoidance of doubt it is declared that where a person or corporation has
an aggregate land holding for which permission is required under section 4
or 5, any subsequent acquisition of a land holding by that person or
corporation similarly requires such permission except where the aggregate
land holding, including the land holding proposed to be acquired, is less
than the maximum prescribed by that section.
1982,c.16,s.6; 1995,c.22,s.16. |
Transitional provisions |
6.1 Repealed by
2014,c.5,s.6. |
Transitional provision,
re lease-out and
divestiture of land |
6.2 Repealed by
2014,c.5,s.6. |
Special permits |
7. Repealed
by 1992,c.38,s.1. |
Review of applications |
8. (1) The Commission shall |
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(a) review all applications under sections
4, 5, and 5.3; |
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(b) obtain information pertinent to
the application; |
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(c) recommend to the Lieutenant
Governor in Council on the disposition of the application. |
Basis for review |
(2) Recommendations made by the Commission under subsection (1) shall be
based on the following considerations: |
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(a) an assessment of the best use of
the land based on the guidelines and policies established by the Lieutenant Governor in
Council under clause 7(a) of the Planning Act R.S.P.E.I. 1988, Cap. P-8; |
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(b) the most effective manner of
ensuring the best land use; |
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(c) such other matters in relation to
the economic and cultural needs of the people of the province as may be specified in
policies adopted under section 8.1. |
Consideration of Commission's
recommendation |
(3) The Lieutenant
Governor in Council, in determining whether or not to grant a permit under section 4 or 5,
shall consider the recommendations of the Commission.
1982,c.16,s.9; 1991, c.18,s.22; 1992,c.38,s.3; 1995,c.22,s.5; 1996,c.22,s.4;
1998,c.79,s.7; 2014,c.5,s.7. |
Policies |
8.1 The Lieutenant Governor in
Council may adopt policies regarding the ownership, possession, occupation or use of land
and such policies shall be published in the Gazette.
1995,c.22,s.6. |
Conditions of permit under section 4 or
5 |
9. (1) The Lieutenant Governor in
Council may impose such conditions on a permit issued under section 4 or 5 as the Lieutenant Governor in Council
may consider expedient including a condition |
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(a) that the land not be subdivided
except for |
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(i) use for the purposes of
agricultural, forestry or fisheries production,
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(ii) conservation use pursuant to a
designation as a natural area under the Natural Areas Protection Act R.S.P.E.I.
1988, Cap. N-2, an archaeological site under the Archaeological Sites Protection Act
R.S.P.E.I. 1988, Cap. A-17 or a heritage place under the Heritage Places Protection Act
R.S.P.E.I. 1998, Cap. H-3.1.
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(iii) parks use by the Federal,
provincial or a municipal government,
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(iv) residential use by the owner;
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(b) that the land be identified under
the land identification program; |
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(c) that the land be consolidated
with an adjoining parcel or parcels of land; |
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(d) that the applicant become a
resident within such period of time as may be specified in the permit. |
Expiry of
conditions |
(1.1) Any
condition imposed on a permit under clause (1)(a) or (b) that has not been
cancelled under subsection (2), expires
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(a) on the
tenth anniversary of the date of the issuance of the permit, if the permit
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(i) is
issued on or after the date this subsection comes into force, or
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(ii)
was issued on a date before, but less than 10 years before, the
date this subsection comes into force; and
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(b) on the
date this subsection comes into force, if the permit was issued 10 or more
years before the date this subsection comes into force.
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Variation, etc. |
(2) Subject to
subsection (3), the Lieutenant Governor in Council may cancel, suspend, or amend any
condition imposed under subsection (1) upon receipt of an application by a permit holder. |
Notice required for variation
application |
(3) Every
application made by a permit holder pursuant to subsection (2) shall be supported by a
notice that shall |
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(a) be in the form prescribed by
regulation; |
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(b) have been published in a
newspaper circulating in the area where the land is located, with the publication to have
occurred at least seven days prior to receipt of the application by the Commission; and |
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(c) state to the Commission the
intent to make the application and the details of the variation applied for.
1982,c.16,s.10; 1998,c.79,s.8;
2014,c.5,s.8. |
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ADMINISTRATIVE PROVISIONS |
Aggregate
land holding declaration |
10. (1) The Minister or the
Commission may request any person or corporation believed to have an aggregate land
holding |
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(a) in the case of a person, of more
than 750 acres; or |
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(b) in the case of a corporation, of
more than 2,250 acres, |
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to file with the Minister or the Commission, as the
case may be, and within the time requested, a completed aggregate land
holding declaration in the form, and containing the information, prescribed
in the regulations. |
Annual aggregate land holding declaration |
(2) Without prejudice
to subsection (1), any person or corporation having an aggregate land holding in excess of
the limit specified in subsection (1) shall, not later than December 31 of each year, file
an aggregate land holding declaration with the Commission.
2014,c.5,s.9. |
Penalty |
(3) Repealed by
1998,c.79,s.9. |
Contents of
aggregate land holding declaration |
11. (1) An aggregate land holding declaration shall include particulars of the following: |
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(a) the acreage of each parcel
comprised in the aggregate land holding; |
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(b) the parcel number as set out on
the most recent assessment notice under the Real Property Assessment Act R.S.P.E.I.
1988, Cap. R-4; |
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(c) the nature of the interest held
and where that interest is a leasehold interest, the term of lease, and where the interest
is held on trust, the name and address of the beneficial owner, |
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and in the case of a corporation, |
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(d) the classes of shares, and the
number of shares in each class; |
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(e) the name and address of each
shareholder holding more than 5 per cent of the shares and the proportion to
the total number of voting shares held by each such shareholder; |
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(f) any transfer of 10 per cent or
more of the shares which has been made since the last aggregate land holding declaration. |
Changes in particulars |
(2) Where
an aggregate land holding declaration has been made under section 10 by a person or corporation in any
year, the aggregate land holding declaration delivered in any subsequent year shall declare only any
changes to the particulars provided in the original statement.
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Exception |
(3) Repealed by
1998,c.79,s.10. |
Sufficient compliance |
11.1
(1)Where the Minister, upon request of a person or corporation, is
satisfied that it is not in the public interest for the shareholdings of
individual shareholders to be disclosed, the Minister may accept as
sufficient compliance with the requirement for an aggregate land holding
declaration under sections 10 and 11 a statement that indicates |
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(a) the aggregate land holding of the corporation
certified by an officer of the corporation; and |
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(b) the
names and addresses of each shareholder holding more than 5 per cent of the
shares of the corporation. |
Idem
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(2) Where the Minister, upon request
of a person or corporation, is satisfied that it is not in the public
interest for the shareholdings of individual shareholders to be disclosed,
the Minister may accept for the purposes of an application for permission
under section 4, 5 or 5.3, a statement that indicates
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(a) the aggregate land holding of the corporation
certified by an officer of the corporation; and |
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(b) the
names and addresses of each shareholder holding more than five per cent of the
shares of the corporation.
1998,c.79,s.11; 2014,c.5,s.11. |
Orders by Minister |
12. (1) Where he
has reasonable and probable grounds to believe that any person or
corporation has contravened section 2, 4, 5 or 5.3 of this Act, the Minister may issue an order requiring
that person or corporation |
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(a) to reduce his aggregate land
holding to the maximum permitted by section 2; |
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(b) to make application for and
obtain any permit required by section 4 or section 5. |
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(c) repealed by 1998,c.79,s.12. |
Enforcement |
(2) Where any
person or corporation fails to comply with an order of the Minister under subsection (1)
within three months of the date on which the order is served, the Minister may apply to a
judge of the Supreme Court, who shall enforce compliance with this Act and may make one or
more of the following orders: |
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(a) an order declaring null and void
any instrument or document by which a land holding is or may be had in contravention of
this Act; |
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(b) an order for the sale of the land
holding held in contravention of this Act and the distribution of the proceeds from the
sale to such persons as may be entitled thereto; |
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(c) an order directing the registrar
to cancel the registration of a deed of conveyance or other document registered under the Registry
Act R.S.P.E.I. 1988, Cap. R-10; |
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(d) an order to return any
consideration given under an instrument or a document made in contravention of this Act; |
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(e) an order for possession of the
land holding to be given to such persons as may be entitled thereto; |
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(e.1) repealed by
2014,c.5.s.12; |
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(f) an order respecting costs; |
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(g) such other order as may be
necessary to give effect to the provisions of this Act or as to the
Minister seems just.
1982,c.16,s.13; 1995,c.22,s.16; 1998,c.79,s.12;
2014,c.5,s.12. |
Offences |
13.
(1) Subject to the provisions of the Act, a person or corporation that |
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(a)
contravenes section 2, 4, 5 or 5.3; or |
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(b) fails to file an aggregate land holding declaration when required to do
so under subsection 10(1) or (2), |
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is guilty
of an offence and is liable on summary conviction to a fine not exceeding
$250,000 or to imprisonment for a term not exceeding two years, or both.
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Order of Supreme Court |
(2) Where a person or
corporation has been convicted of an offence under subsection (1), a judge of the Supreme
Court may, on the application of the Minister, order the person or corporation to divest
such amount of land as may be specified in the order for the purpose of ensuring
compliance with this Act.
1995,c.22,s.10; 1998,c.79,s.13;
2014,c.5,s.13. |
Liability of corporate officers |
14. Where a corporation has
committed an offence against this Act, every officer, director or agent of the corporation
who directed, authorized, assented to or acquiesced or participated in the commission of
the offence is guilty of an offence and liable on summary conviction to a fine of not more
than $250,000 or to imprisonment for a term of not more than two years, or to both such
fine and imprisonment, whether or not the corporation has been prosecuted or convicted.
1982,c.16,s.15; 1995,c.22,s.11. |
Minister may conduct investigations |
15. (1) The Minister, the
Commission or any person authorized by the Minister may request information and conduct an
investigation for the purpose of determining whether a person or corporation has
contravened this Act or the regulations. |
Production of documents |
(2) The person
conducting the investigation under subsection (1) may at all reasonable times demand the
production of and inspect all or any of the books, documents, papers or records of the
person or corporation in respect of which the investigation or inquiry is being made or
any record of the Commission relating to that person or corporation. |
Offence |
(3) A person or
corporation failing to comply with a demand under subsection (2) is guilty of an offence
and liable on summary conviction to a fine of not more than $250,000 or to imprisonment
for a term not exceeding two years, or to both such fine and imprisonment. |
Order of Supreme Court |
(4) Where a person or
corporation fails to comply with a request under subsection (1), a judge of the Supreme
Court may, on the application of the Minister, make an order |
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(a) requiring the production of all
books, documents, papers or records of the person or corporation; |
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(b) otherwise appearing to the court
to be necessary.
1982,c.16,s.16; 1995,c.22,s.10; 1996,c.22,s.6;
1998,c.79,s.14. |
Penalty |
15.1
(1) Notwithstanding any other provision of the Act, a person or corporation
that |
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(a) has contravened
section 2, 4 or 5 or 5.3; |
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(b) Repealed by
2014,c.5,s.14; |
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(c) fails to make
an aggregate land holding declaration when requested to do so under subsection 10(1); |
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(d) fails to file
an aggregate land holding declaration pursuant to subsection 10(2); |
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(e) fails to comply with a demand
under subsection 15(2); |
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(f) fails, neglects, omits or refuses
to do any act or thing required of that person or corporation by this Act, the
regulations, any order of the Commission or any order of the Minister; or |
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(g) violates this Act, the
regulations, any order of the Commission or any order of the Minister, |
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is liable to a penalty imposed by the
Commission of not more than $10,000. |
Separate daily liability |
(2) Each day
during which a prohibited activity subject to a penalty pursuant to subsection (1) is
continued gives rise to a separate liability to a penalty imposed by the Commission not
exceeding $500 for each day. |
Application to Supreme Court |
(3) If any person
or corporation fails to pay any penalty imposed by the Commission within the time fixed by
the Commission for the payment of the penalty, the Commission may make application,
without notice to the person or corporation, to a judge of the Supreme Court for an order
that judgment for the amount of the penalty or any unpaid portion of the penalty may be
entered in the court against the person or corporation. |
Order |
(4) The judge
shall grant the order referred to in subsection (3) on proof by affidavit of the order
imposing the penalty and the amount of the penalty remaining unpaid. |
Execution |
(5) On any
judgment entered under this section, execution may be issued as on any other final
judgment of the Supreme Court.
1998,c.79,s.15,
2014,c.5,s.14. |
Proof |
16. In any proceeding under
this Act, the onus of proving that a person is a resident person is upon that person.
1998,c.79,s.16. |
Regulations |
17. (1) The Lieutenant
Governor in Council may make regulations for giving effect to the intent of this Act and
without prejudice to the generality thereof regulations may be made |
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(a) defining any word or expression
used in this Act and not defined in this Act, including but not limited to
the term "shore frontage"; |
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(b) exempting persons or corporations
or classes of corporations or land holdings or classes of land holdings from this Act or
any provision thereof and attaching conditions to any such exemptions; |
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(c) prescribing the forms to be used and
the information to be provided in an aggregate land holding declaration; |
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(d) establishing a land
identification program;
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(e) Repealed by
2014,c.5,s.15; |
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(f) authorizing the use of any kind of
form required for the better administration of this Act or the regulations. |
Exemptions to be laid before
Legislative Assembly |
(2) Where any
exemption is granted by regulations under clause (1)(b) the Minister shall table in the
Legislative Assembly a statement indicating the reasons therefor.
1982,c.16,s.18; 1986,c.15,s.1; 1991,c.18,s.22; 1995,c.22,s.14; 1998,c.79,s.17; 2014,c.5,s.15. |
Registration of leases |
17.1. The Commission may make
regulations |
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(a) prescribing the procedure in
respect of applications for permits;
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(b) prescribing a processing fee in
respect of an application for a permit.
1991,c.18,s.22; 1992,c.38,s.6.
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Administration, land identification |
17.2 The Commission may, with the
approval of the Lieutenant Governor in Council, administer regulations made under clause
17(1)(d).
1996,c.22,s.7. |
Lease
registration |
18. Repealed by 1995,c.22,s.15. |
Crown |
19. This Act does not bind the
Crown or a Crown corporation named in Schedule B or C of the Financial Administration
Act R.S.P.E.I. 1988, Cap. F-9.
1982,c.16,s.21. |
No entitlement to compensation or
damages |
20. Where a person or
corporation is required to divest land holdings pursuant to this Act |
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(a) the person or corporation is not
entitled to compensation of any kind from the Government of Prince Edward Island;
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(b) the person or corporation is not
entitled to any damages for loss of property or breach of any lease or contract made
necessary by divesting land holdings pursuant to the divestiture schedule;
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(c) the person or corporation is
precluded from bringing any action for recovery of damages in any court; and
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(d) the Expropriation Act
R.S.P.E.I. 1988, Cap. E-13 does not apply to the divestiture.
1998,c.79,s.18.
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Presumption |
21.
(1) Any land conveyed by the Crown or any of the Crown's agencies is
presumed to be identified for non-development use under the Land
Identification Program established under this Act, unless the Lieutenant
Governor in Council otherwise determines.
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Exemption |
(2) Notwithstanding subsection
(1), land conveyed by the Crown or an agent of the Crown is not presumed to
be land identified for non-development use if the regulations provide that
the Land Identification Program does not apply to that land.
1998,c.79,s.19;
2002,c.15,s.1. |
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