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Docket: LP12-106
Order LP12-005

IN THE MATTER of an alleged contravention of subsection 5.(1) of the Prince Edward Island Lands Protection Act by Kentdale Organic Produce Inc.

BEFORE THE COMMISSION

on Tuesday, the 5th day of June, 2012.

Allan Rankin, Vice-Chair
John Broderick, Commissioner
Michael Campbell, Commissioner
Peter McCloskey, Commissioner

Order

WHEREAS subsection 5.(1) of the Act reads as follows:

A corporation shall not have an aggregate land holding in excess of five acres or having a shore frontage in excess of one hundred and sixty-five feet unless it first receives permission to do so from the Lieutenant Governor in Council.

AND WHEREAS subsection 5.3(1) of the Act reads as follows: 

(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 

(a) apply pursuant to section 4 or 5 for permission to acquire by lease that specific land holding; or 

(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.

AND WHEREAS, on November 8, 2010, the Corporation, of Winsloe, Queens County, Prince Edward Island, filed an application with the Commission  to lease up to 82.00 acres of land, which Executive Council subsequently approved (Executive Council Order No. EC2010-648); 

AND WHEREAS, on January 3, 2012, the Commission received an application for the Corporation to acquire 35.51 acres of land; 

AND WHEREAS the Corporation reported in the  application that it was presently leasing in 170.00 acres of land, which is 88.00  acres in excess of its current global lease permit; 

AND WHEREAS, by email dated January 6, 2012, the Commission advised the Corporation's legal counsel that the Corporation was in excess of its current global lease permit and was required to make application to increase its global lease permit in order to be in compliance with the Act; 

AND WHEREAS, on January 10, 2012, the Corporation filed an application with the Commission to increase its global lease permit to 400.00 acres, pursuant to section 5.3 of the Act; 

AND WHEREAS Executive Council approved the increase to the global lease permit on January 24, 2012 (Executive Council Order No. EC2012-33); 

AND WHEREAS, by Notice of Intention dated April 20, 2012, the Corporation was advised of the apparent contravention and provided with an opportunity to respond; 

AND WHEREAS, on May 8, 2012, the Commission received a response to the Notice of Intention from the Corporation's legal counsel; 

AND WHEREAS the Commission has fully considered the original application, the Notice of Intention and the Corporation's legal counsel's response to the Notice of Intention and other relevant material before it; 

THE COMMISSION HEREBY FINDS that the Corporation has contravened the Act by leasing in 88.00 acres in excess of its global lease permit; 

THE COMMISSION HEREBY IMPOSES, pursuant to clause 15.1(1)(a) of the Act, a penalty in the form of $50.00 for the aforementioned contravention of the Act; 

THE COMMISSION HEREBY FIXES July 6, 2012 as the date by which the Corporation must pay the $50.00 penalty. 

DATED at Charlottetown, Prince Edward Island, this 5th day of June, 2012.

BY THE COMMISSION:

Allan Rankin, Vice-Chair

John Broderick, Commissioner

Michael Campbell, Commissioner

Peter McCloskey, Commissioner

TAKE NOTICE that any person or corporation that has contravened section 2, 4, 5, 5.3, 6.1 or 6.2 is liable to a penalty, pursuant to Subsection 15.1(1) of the Act, of not more than $10,000;

Subsection 15.1(3) reads as follows:

15.1(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.

AND FURTHER TAKE NOTICE that Section 12 of the Island Regulatory and Appeals Commission Act reads as follows: 

12.  The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it. 

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought. 

Sections 13.(1) and 13(2) of the Act provide as follows:

13.(1)  An appeal lies from a decision or order of the Commission to the Court of Appeal upon a question of law or jurisdiction.

(2)    The appeal shall be made by filing a notice of appeal in the Court of Appeal within twenty days after the decision or order appealed from and the rules of the court respecting appeals apply with the necessary changes.

NOTICE: IRAC File Retention

In accordance with the Commission's Records Retention and Disposition Schedule, the material contained in the official file regarding this matter will be retained by the Commission for a period of 2 years.