PRINCE EDWARD ISLAND LANDS PROTECTION ACT

EXEMPTION REGULATIONS

Pursuant to section 17(1)(b) of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5, Council made the following regulations:

2. (1) The interests in land (9.5 acres) and waterlots (7.56 acres) acquired by East Isle Shipyard Limited from Georgetown Shipyard Inc.

(iii) by deed dated May 2, 1994

are exempt from the application of the Act.

    (2) The acquisition by East Isle Shipyard Limited by Deed of Conveyance of four land holdings in the Town of Georgetown as illustrated in Schedule 1 is exempt from the application of the Act.

(3) Subsections (1) and (2) will cease to have effect if the property is used for any purpose other than

3. The property identified by provincial parcel identification number 75325 comprising approximately forty-two (42) acres of land located at Clermont in Prince County, to be acquired by Irving Pulp and Paper Limited by Deed of Conveyance, and to be used

(c) for any other purpose approved by the Lieutenant Governor in Council,

5. (1) The following interests to be acquired by Strait Crossing Development Inc., a body corporate duly incorporated under the laws of the Province of Ontario and duly licensed to do business in the Province of Prince Edward Island, are exempt from the application of the Act:

(a) Interests to be acquired by Deed of Conveyance from John L. Read

(iv) parcel no. 380444, located at Borden, Lot 28, Prince County and containing approximately 10.70 acres (4.33 hectares),

being in total approximately 142.82 acres (57.82 hectares);

(b) Interests to be acquired by Lease from Her Majesty the Queen in Right of Canada, as represented by the Minister of Supply and Services and of Public Works, for a lease period extending up to and including October 31, 2032, the following parcels appearing on a Plan of Survey prepared by the Department of Supply and Services and of Public Works of Canada, Real Estate Division, Halifax, N.S., being designated as:

(i) Plan No. S-1875-W entitled "Plan of Survey Showing Parcels A,B,C,D, 92-A-1, and 92-A-2, Lands of Her Majesty the Queen in Right of Canada and Parcels E and F, Land and Land Covered by Water Required by Her Majesty the Queen in Right of Canada at Borden, Lot 28, Prince County, Prince Edward Island", dated January 20, 1987, revised to July 30, 1993, and filed in the Prince County Registry Office on September 17, 1993, as Plan #2937,

(C) parcel "D" containing approximately 51.02 acres (20.65 hectares),

being a total of approximately 60.47 acres (24.47 hectares),

(ii) Plan No. S-2801-C entitled, "Plan of Survey Showing Parcels 92-6,92-6A, 92-6B, 92-6C, 92-7, 92-6D, 92-8, 92-8A, 86-16, 86-17 and 86-18, Lands of Her Majesty the Queen in Right of Canada, NORTHUMBERLAND STRAIT CROSSING, Lots 27 and 28, Prince County, Prince Edward Island", dated October 19, 1992, revised to July 30, 1993, and filed in the Prince County Registry Office on September 17, 1993, as Plan #2940,

(B) parcel 92-6 containing approximately 95.08 acres (38.49 hectares),

being a total of approximately 113.84 acres (46.09 hectares),

(iii) Plan No. S-3151 entitled "Plan Showing Proposed Fixed Crossing, New Brunswick - Prince Edward Island", dated July 30, 1993, and filed in the Prince County Registry Office on September 17, 1993, as Plan #2941,

(A) parcel B containing approximately 548.35 acres (221.915 hectares),

being a total of approximately 548.35 acres (221.915 hectares);

(c) Interests to be acquired by License from Her Majesty the Queen in Right of Canada, as represented by the Minister of Supply and Services and of Public Works for a license period extending up to and including May 31, 2001, the following parcels appearing on a Plan of Survey prepared by the Department of Supply and Services and of Public Works of Canada, Real Estate Division, Halifax, N.S., being designated as:

(i) Plan No. S-2801 -A entitled "Plan of Survey Showing Parcels 92-1, 92-2A, 92-2B, 92-3, 92-4, 92-5A and 92-5B, Lands of Her Majesty the Queen in Right of the Province of Prince Edward Island and Parcel 92-5, Lands of Her Majesty the Queen in Right of Canada, NORTHUMBERLAND STRAIT CROSSING, Lot 27, Prince County, Prince Edward Island", dated October 19, 1992, revised to July 30, 1993, and filed in the Prince County Registry Office on September 17, 1993, as Plan #2938,

(F) parcel 92-1 containing approximately 8.57 acres (3.47 hectares),

being a total of approximately 60.51 acres (24.49 hectares),

(ii) Plan No. S-2801-A, aforesaid, Plan No. S-2801-C, aforesaid, and Plan No. S-2801-B, entitled "Plan of Survey Showing Parcels 92-5, 92-6 and 92-6C, Lands of Her Majesty the Queen in Right of Canada, NORTHUMBERLAND STRAIT CROSSING, Lots 27 and 28, Prince County, Prince Edward Island", dated October 19, 1992, revised to July 30, 1993, and filed in the Prince County Registry Office on September 17, 1993, as Plan #2939,

(A) parcel no. 92-5 containing approximately 304.10 acres (123.07 hectares),

being a total of approximately 304.10 acres (123.07 hectares),

(iii)  Plan No. A1-01-9-AR-001, entitled "PEI Approach Roadways Functional Design and Property Requirements, Issue: Closing Project Design" dated June 14, 1993, and filed in the Prince County Registry Office on September 17, 1993, as Plan #2942,

(D) parcel containing approximately 7.31 acres (2.96 hectares) of land located adjacent to the southerly boundary of the Albany Road interchange,

being a total of approximately 33.83 acres (13.69 hectares),

all of which land referred to in this subsection totals approximately 1264 acres (512 hectares).

    (2) Subsection (1) will cease to have effect if the property is used for any purpose other than

6. The following interest to be acquired by Strait Crossing Development Inc., a body corporate duly incorporated under the laws of the Province of Ontario and duly licensed to do business in the Province of Prince Edward Island, is exempt from the application of the Act. 

An interest to be acquired from the Government of Prince Edward Island as represented by the Minister of Transportation and Public Works of Crown lands and lands covered by water at Carleton Siding, Lot 28 in Prince County being in total approximately 7.3 hectares being more particularly described as follows:

ALL THAT PARCEL OF LAND COVERED BY WATER situate, lying and being at Carleton Siding, lot or township no. 28, in Prince County, Province of Prince Edward Island, bounded and described as follows that is to say:

COMMENCING at a calculated point set along the ordinary high water mark, as shown on a survey plan entitled; "Plan of Survey Showing Waterlot "A-94" Being a Portion of Lands and Water Above Lands of the Northumberland Strait" as prepared by Locus Surveys Ltd. and Certified by K.C. Brown P.E.I.L.S. on June 21, 1994 as drawing no. 93504A, said point being designated by calculated point no. 1163, and having coordinates Easting 447118.7701 metres and Northing 5121451.4823 metres;

THENCE in a southeasterly direction along the ordinary high water mark, as shown on the above mentioned plan for the distance of 160.5 metres a little more or less to calculated point no. 1160, having coordinates Easting 447197.7563 metres and Northing 5121311.6936 metres;

THENCE on an azimuth of 235^o 44'34" for a distance of 450.000 metres to calculated point no. 1161, having coordinates Easting 446825.8234 metres and Northing 5121058.3838 metres;

THENCE on an azimuth of 325^o 44'34" for a distance of 160.000 metres to calculated point no. 1162, having coordinates Easting 446735.7577 metres and Northing 5121190.6266 metres;

THENCE on an azimuth of 55^o 44'34" for a distance of 463.405 metres to the point at the place of commencement.

Containing an area of 7.30 hectares (18.04 acres) a little more or less of land and land covered by water and being Parcel "A-94" on the above mentioned plan.

7. The following interest to be acquired by Strait Crossing Development Inc., a body corporate, duly incorporated under the laws of the Province of Ontario and duly licensed to do business in the Province of Prince Edward Island, is exempt from the application of the Act:

An interest to be acquired by lease from the Unit Two School Board of land in the Town of Borden, Lot 28, Prince County, Prince Edward Island being in total approximately 0.59 hectares (1.46 acres) being more particularly described as follows:

COMMENCING at a point located in the northeast corner of the Old Borden School property as shown on plan of survey entitled "Old Borden School" as prepared by Carl G. MacDonald, P.E.I.L.S. in September 1992 as drawing no. 2105, said point being designated by calculated station no. 8 on said plan and having coordinates east 246545.424, north 189288.282;

THENCE on an azimuth of 165^o01'22" for a distance of 39.624 metres to calculated station no. 9 on said plan having coordinates east 246555.664, north 189250.004;

THENCE on an azimuth of 255^o03'19" for a distance of 62.179 metres to calculated station no. 13 on said plan having coordinates east 246495.588, north 189233.968;

THENCE on an azimuth of 345^o01'22" for a distance of 1.463 metres to calculated station no. 14 on said plan having coordinates east 246495.210, north 189235.382;

THENCE on an azimuth of 255^o03'19" for a distance of 90.250 metres to calculated station no. 6 on said plan having, coordinates east 246408.013, north 189212.107;

THENCE on an azimuth of 345^o15'59" for a distance of 38.161 metres to calculated station no. 5 on said plan having coordinates east 246398.308, north 189249.014;

THENCE on an azimuth of 75^o03'19" for a distance of 152.266 metres to point at place of commencement.

8. (1) The following interests to be acquired by Central Kings Development Corporation, a division of Irving Pulp and Paper Ltd. Cavendish Farms - Les Fermes Cavendish, and Malpeque-Westisle Fertilizers Limited are exempt from the application of the Act:

(a) an interest to be acquired through purchase by Central Kings Development Corporation of approximately 98 acres of land in Lot 52, Kings County, Prince Edward Island;

(b) an interest to be acquired through lease by A Division of Irving Pulp and Paper Ltd. Cavendish Farms - Les Fermes Cavendish of approximately 98 acres of land in Lot 52, Kings County, Prince Edward Island; and

(b. 1) an interest to be acquired through mortgage by Malpeque-Westisle Fertilizers Limited of approximately 98 acres of land in Lot 52, Kings Country, Prince Edward Island;

(c) an interest to be acquired through purchase by Malpeque-Westisle Fertilizers Limited of approximately 98 acres of land in Lot 52, Kings Country, Prince Edward Island;

(d) an interest to be acquired by Malpeque-Westisle Fertilizers Limited in approximately 98 acres of land in Lot 52, Kings County, Prince Edward Island by way of assignment of leasehold interest from Cavendish Farms - Les Fermes Cavendish, a division of Irving Pulp and Paper Ltd.

    (2) The said lands are described as follows:

ALL THAT tract or parcel of land situate, lying, and being in Lot or Township No. 52, in the County of Kings, Province of Prince Edward Island, bounded and described as follows, that is to say:

COMMENCING at a point situate on the Northwestern boundary line of a road leading to St. Peter's known as the Seven Mile Road said point being delineated by legal survey marker No. 626, as the same is shown on a plan of survey prepared by Locus Surveys Limited entitled "Plan of Surveys Showing Lands of Neil S. MacDonald" as Drawing No. 94192-2 dated May 9, 1994, said legal survey marker No. 626 having coordinates Easting 588782.259 and Northing 323234.532;

THENCE on an azimuth 161^o 40'46" for a distance of 1,226.96 feet to a point delineated by a calculated point No. 630 on the said plan;

THENCE on an azimuth 161^o 20'12" for a distance of 796.70 feet to a point delineated by a calculated point No. 631 on the said plan;

THENCE on an azimuth 161^o 32'04" for a distance of 482.76 feet to a point delineated by a calculated point No. 632 on the said plan;

THENCE in a Southwesterly direction on the Northwestern boundary line of the said Seven Mile Road following the curvature of the road having a radius of 2,867.74 feet for an arc distance of 275.03 feet to a point delineated by a calculated point No. 607 on the said plan;

THENCE on an azimuth 294^o 59'24" for a distance of 149.99 feet to a point delineated by legal survey marker No. 608 on the said plan;

THENCE on an azimuth 204^o 59'24" for a distance of 100.22 feet to a point delineated by legal survey marker No. 609 on the said plan;

THENCE on an azimuth 114^o 59'24" for a distance of 150 feet to a point delineated by legal survey marker No. 606 as shown on said plan;

THENCE on an azimuth 204^o 20'46" for a distance of 380.65 feet to a point delineated by legal survey marker No. 626 as shown on said plan;

THE ABOVE DESCRIBED parcel of land containing 34.18 acres of land, a little more or less.

SUBJECT to a 40' wide right-of-way along the Eastern boundary of the above-described parcel of land.

PARCEL#2
PROPERTY NO. 429803

ALSO ALL THAT other parcel of land situate, lying and being in Lot or Township No. 52, in Kings County, in the Province of Prince Edward Island, bounded and described as follows:

COMMENCING on the Northwestern boundary line of a road commonly known as the Seven Mile Road, said point being delineated by legal survey marker No. 601, as the same is shown on a Plan of Survey prepared by Locus Surveys Limited entitled "Plan of Survey Showing Lands of Neil S. MacDonald" being Drawing No. 94192 dated May 2, 1994, said legal survey marker No. 601 having coordinates Easting 588539.410 and Northing 322697.830;

THENCE on an azimuth 341^o 22'02" for a distance of 415.40 feet to a point delineated by legal survey marker No. 597 on the said plan;

THENCE on an azimuth 253^o 30'38" for a distance of 183.39 feet to a point delineated by calculated point No. 618 on the said plan;

THENCE on an azimuth 249^o 54'51" for a distance of 205.68 feet to a point delineated by legal survey marker No. 619 on the said plan;

THENCE on an azimuth 341^o 03'12" for a distance of 384.41 feet to a point delineated by calculated point No. 620 on the said plan;

THENCE on an azimuth 341^o 43'19" for a distance of 819.04 feet to a point delineated by calculated point No. 621 on the said plan;

THENCE on an azimuth 341^o 05'11" for a distance of 718.84 feet to a point delineated by calculated point No. 622 on the said plan;

THENCE on an azimuth 341^o 32'14" for a distance of 1,140.72 feet to a point delineated by legal survey marker No. 628 on the said plan;

THENCE on an azimuth 71^o 17'52" for a distance of 783.96 feet to a point delineated by legal survey marker No. 627 on the said plan;

THENCE on an azimuth 161^o 17'52" for a distance of 3,050 feet to a point delineated by legal survey marker No. 626 on the said plan;

THENCE on an azimuth 204^o 20'46" for a distance of 589.09 feet to a point delineated by legal survey marker No. 601 on the said plan; and being the point at the place of commencement.

THE ABOVE DESCRIBED parcel of land containing 57.25 acres of land, a little more or less.

PARCEL#3
PROPERTY NO. 749929

ALSO ALL THAT other parcel of land situate, lying and being on Lot or Township No. 52, in Kings County, Province of Prince Edward Island, bounded and described as follows, that is to say:

COMMENCING at a survey marker set on the Western boundary of P.E.I. Highway No. 4 leading from Pooles Corner to Cardigan, said survey marker being designated as No. 12 on a plan of survey of lands to be conveyed to Nancy Nabuurs & Ron MacKinnon as prepared by Norman F. Stewart, dated July 27, 1988, and bearing Drawing No. 88-57. Said survey marker No. 12 having the Co-ordinates E. 588939.18 and N. 323581.33;

THENCE Northwestwardly on an azimuth of 294^o 59'24" for the distance of 150 feet to a survey marker designated as No. 15 on said plan and having the co-ordinates E. 588803.22 and N. 323644.70;

THENCE Northeastwardly on an azimuth of 24^o 59'24" for the distance of 100.22 feet to a survey marker designated as No. 14 on said plan and having the co-ordinates E. 588845.56 and N. 323735.54;

THENCE Southeastwardly on an azimuth of 114^o 59'24" for the distance of 150 feet to a survey marker set on the Western boundary of the aforesaid Highway No. 4, said survey marker being designated as No. 13 on said plan and having the co-ordinates E. 588981.51 and N. 323672.17;

THENCE Southwestwardly on an azimuth of 204^o 59' 24" along the Western boundary of the aforesaid Highway No. 4 for the distance of 100.22 feet or to the survey marker set at the place of commencement.

9. Revoked by EC487/94.

10. (1) The acquisition by Malpeque-Westisle Fertilizers Limited of approximately two decimal seven five (2.75) acres of land at Travellers Rest, Lot 19, Prince County adjacent to its existing industrial operation to be used for construction of a storage facility is exempt from the application of the Act.

    (2) The said lands are described as follows:

ALL THAT tract, piece or parcel of land situate, lying and being at Travellers Rest, Lot or Township No. 19, in Prince County, in the Province of Prince Edward Island, bounded and described as follows, that is to say:

COMMENCING at a legal survey marker set in the western side of Route 1A as the same is shown on a plan of survey prepared by Locus Surveys Ltd. entitled "Plan of Survey Showing Parcel "C" the subdivision of lands of Bradford and Benjamin Cairns" dated January 10, 1994, and having Drawing No. 93-829, the said legal survey marker being identified as No. 3567 on the aforementioned plan and having coordinates East 312920.039 feet and North 394118.896 feet;

THENCE on an azimuth 204^o 15'37" following the western boundary of Route A to a legal survey marker identified as No. 3580 on the aforementioned plan;

THENCE on an azimuth 275^o 01'43" a distance of 357.22 feet to a legal survey marker identified as No. 3582 on the aforementioned plan;

THENCE on an azimuth 359^o 02'35" a distance of 451.09 feet to a legal survey marker set in the southern side of the Canadian National Railway right-of-way as shown on said plan;

THENCE on an azimuth 75^o 43'53" along the C.N.R. right-of-way to a legal survey marker identified as No. 3573 and being set in the northwestern corner of property now or formerly owned by Malpeque-Westisle Fertilizers Ltd.;

THENCE on an azimuth 179^o 02'35" a distance of 265.54 feet to the southwestern angle of the aforesaid Malpeque-Westisle Fertilizers Ltd. property;

THENCE on an azimuth 95^o 01'43" along the southern boundary of the Malpeque-Westisle Fertilizers Ltd. property for a distance of 342.50 feet to the legal survey marker at the point and place of commencement;

11. The following interest to be acquired by the O'Leary Community Health Foundation is exempt from the application of the Act:

Borden-Carleton box fabrication facility

13. The fee simple interest, and any other legal and equitable interest pertaining thereto, of Provincial Parcel Identification Number 778928, containing approximately twenty decimal seven six (20.76) acres, located in the Community of Borden-Carleton, is exempt from the Act with the exception of clause 9(1)(b), subsection 9(2) and clause 17(1)(d) and the Land Identification Regulations (EC606/95), subject to the following condition:

14. The fee simple interest, and any other legal and equitable interest pertaining thereto, of Provincial Parcel Identification Numbers 177378 and 521518 containing collectively, approximately thirty-nine decimal six four (39.64) acres, located in Lot 39, Kings County, is exempt from the Act with the exception of clause 9(1)(b), subsection 9(2) and clause 17(1)(d) and the Land Identification Regulations (EC606/95), subject to the following condition:

19. The acquisition of the following interests in land, identified as parcel nos. 335166 and 335281, located in the City of Charlottetown, Queens County, are exempt from the application of section 5 of the Act: