Administrative Guidelines for Advertising Land
Pursuant to Applications under Sections 4 and 5 of the
Prince Edward Island Lands Protection Act
Approved by Executive Council on January 11, 2011
(D2011-09)
Intent and Objective
The objective of the guidelines is to provide an opportunity for resident persons and resident corporations to acquire land in the province. To accomplish this objective, land must be suitably advertised on the local real estate market for a reasonable amount of time before an interest in it is acquired by a non-resident person or non-resident corporation pursuant to the provisions of Sections 4 and 5 of the Lands Protection Act.
The intent of the guidelines is to ensure that resident persons and resident corporations have knowledge that land is for sale and have the opportunity to compete for the purchase of that land.
The Commission will utilize these administrative guidelines in making its recommendations to Executive Council on non-resident person and non-resident corporation applications.
Definitions
For the purpose of interpreting these guidelines:
Appropriate advertisement means an advertisement measuring not less than 1″x 1″ (for newspapers) and is to contain specifics on the parcel including but not limited to parcel number, community name, acreage and contact information. Suggested advertisement:
For Sale
100 acre parcel
(#11111) located
in Charlottetown.
Contact Joe at
444-4444
Appropriate sign means a sign measuring not less than 2′ x 1.5′ and is to contain specifics on the parcel including but not limited to contact information.
Reasonable amount of time is a period of not less than three months within a six month period immediately prior to an application being made pursuant to the provisions of the Act.
Acceptable methods of advertising
Suitably advertised may be in a form such as (but not limited to):
- A listing with a real estate company within the province which provides wide public exposure with an appropriate sign placed in a suitable location on the property for public viewing stating that the property is for sale; or
- An appropriate advertisement:
a. Placed, in the classifieds of a newspaper circulating in the area, once a month for three months, in conjunction with an appropriate sign placed in a suitable location on the property for public viewing stating that the property is for sale; or
b. placed on a local classified website acceptable to the Commission, in conjunction with an appropriate sign placed in a suitable location on the property for public viewing stating that the property is for sale;
Exceptions
Notwithstanding the general application of the advertising requirements, these requirements may be waived in those cases where:
- It has been demonstrated to the Commission that the acquisition would not be prejudicial to the public interest. For example, acquisitions of property as part of an initiative having significant economic benefit for the province and where the requirement to advertise the property might prevent the project or activity from going forward.
- An acquisition of an interest in property is by way of lease.
Implementation
The Commission will utilize these administrative guidelines in making its recommendations to Executive Council on non-resident person and non-resident corporation applications.
This will ensure the local advertising factor is applied in a fair and reasonable manner and ensure that everyone, including Executive Council, the Commission and the general public has a reasonable idea of the requirements necessary to satisfy the local advertising factor.