Guidelines on the Process to Cancel, Suspend or Amend
a Condition Imposed Pursuant to Subsections 9(1) or 21(1)
of the PEI Lands Protection Act
The Prince Edward Island Lands Protection Act (Act) has been enacted in the recognition that Prince Edward Island faces singular challenges with regard to property rights. These challenges include historical difficulties with absentee land owners; ongoing concern over the province’s small land area and comparatively high population density; and the fragile nature of the province’s ecology, environment and land.
To meet these challenges, the Lieutenant Governor in Council (Executive Council) may attach conditions to approvals for acquisition of land by non-residents or corporations pursuant to subsection 9(1), or conveyances pursuant to subsection 21(1), of the Act. The two most common conditions are:
1. That the land be identified for non-development use, pursuant to the Land Identification Regulations (Non-development use means use for purposes, including forestry, wildlife, agriculture, recreation, permanent or seasonal residence, that do not involve commercial or industrial development or subdivision); or
2. That the land not be subdivided.
Pursuant to subsections 9(2) or 21(1) of the Act, Executive Council may cancel, suspend or amend any condition imposed.
The process involves the participation of four parties, namely the Applicant, the Island Regulatory and Appeals Commission (the Commission), the Minister of Agriculture and Land (the Minister) and Executive Council. The role of each is explained below.
The Applicant’s Role
The present land owner begins the process by contacting a Safety Standards Officer at the Department of Agriculture and Land regarding the proposal for the land. The present land owner should request that the Safety Standards Officer provide Commission staff with an e-mail advising of any concerns with respect to the proposal, and whether or not the proposal could be approved under the Planning Act, should an amendment to the land identification agreement or no subdivision condition be approved by Executive Council.
The present land owner then files an application with the Commission. The application (see Application Form below) must include:
- The particulars of the condition which is the subject of the application to cancel, suspend or amend;
- Pertinent information, including parcel number(s), location of the land, township lot number, the acreage of the land under consideration and intended use (i.e. subdivision, industrial or commercial use, etc.);
- A copy of a GeoLinc map, orthophoto or survey plan showing the land under consideration outlined in red. If the application involves subdivision, a sketch or preliminary plan showing the proposed lots should be included;
- The reasons for the request for cancellation, suspension or amendment. It is important that the application contain all of the reasons for the request. This avoids unnecessary delays and enables the Minister and Council to give appropriate consideration to the application;
- A copy of the public notice (refer to required format below); and
- Proof that the notice has been published in a newspaper that circulates in the area in which the land is located.
Applicants should be aware that information filed in the application will be made available to the public on request, unless otherwise determined by the Commission.
If a public notice is incomplete or contains inaccurate information, the applicant may be required to re-publish it. This can result in an unnecessary delay and additional cost to the applicant. Therefore, the Commission encourages applicants to file the application and notice with Commission staff for review prior to publication of the notice in the newspaper.
Also, if an applicant files an application with the Commission more than 90 days after publication of the notice, the Commission will consider the notice to be out of date and require that it be re-published prior to processing the application.
The Commission’s Role
- Reviews the application to ensure that all pertinent information is filed;
- Releases details of the application in response to inquiries from the public resulting from publication of the notice;
- Releases details of written comments received from the public to the applicant;
- Prepares a report which contains:
- The details of the application;
- Background of the condition that was imposed on the land; and
- The public comments received by the Commission; and
- Files the report and a copy of the entire file with the Minister of Agriculture and Land.
The Minister’s Role
- Reviews the application and the Commission’s report;
- Makes a recommendation on the disposition of the application; and
- Delivers a submission containing his recommendation to Executive Council Office.
Executive Council’s Role
- Considers the application and decides if the application should be approved; and
- Issues an Executive Council Order disposing of the matter (in the event that an application is denied, an Order is not issued and the applicant is advised by way of letter sent by the Department of Agriculture and Land).
Application to Amend Land Identification Agreement
TAKE NOTICE that, pursuant to subsection 9(2) of the P.E.I. Lands Protection Act, (owner’s name) intends to make an application to Executive Council to (cancel) (suspend) (amend) the (land identification agreement) or (no subdivision condition imposed) (choose the appropriate condition) on Property Number (number), located at (community name), Lot (number), (name) County, owned by (name of present owner). The property owner proposes to (describe the proposal, i.e. to subdivide a lot, approximately 1-acre in size for residential purposes), and this will be possible if the application is approved. Comments on the application should be received by the Commission within seven (7) days of publication of this notice.
For further information, please contact:
The Prince Edward Island Regulatory and Appeals Commission
134 Kent Street, Suite 501
P.O. Box 577, Charlottetown PE C1A 7L1
PEI toll-free: 1-800-501-6268
Note: The Commission encourages applicants to file draft notices with Commission staff for review prior to publication of the notices in the newspaper. If an applicant files an application with the Commission more than 90 days after publication of the notice, the Commission will consider the notice to be out of date and require that it be re-published prior to processing the application.
Application Form (in PDF Format)
Last reviewed or updated: Thursday, August 26, 2021