Order TLF08-002 - Lands Protection Act Investigation Orders

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Docket: LF07106
Order TLF08-002

IN THE MATTER of an investigation pursuant to Section 15 of the Prince Edward Island Lands Protection Act.

BEFORE THE COMMISSION

on Friday, the 18th day of April, 2008.

Brian J. McKenna, Vice Chair
Gordon McCarville, Commissioner
Anne Petley, Commissioner

Order

WHEREAS by Notice of Investigation dated December 11, 2007, the Commission commenced an investigation pursuant to Section 15 of the Prince Edward Island Lands Protection Act (the "Act") and Commission Rule R98-1 pertaining to Frank G. Honisch (The "Respondent");

AND WHEREAS pursuant to Section 5 of Commission Rule R98-1, the Commission appointed Greg B. Collins as the Investigating Officer in the matter;

AND WHEREAS by letter dated March 28, 2008, the Investigating Officer advised the Commission, in part, that:

in response to the Investigating Officer’s request, the Respondent has refused to provide documentation on this matter to the Investigating Officer; and

it is not possible for the Investigating Officer to proceed with his investigation as material information has not been provided by the Respondent.

NOW THEREFORE, pursuant Subsection 15 (2) of the Act,

IT IS ORDERED AND DEMANDED THAT

the Respondent hereby produce for the Commission, on or before 4:00 P.M. on Friday, May 30, 2008, the following information related to parcel number 566935:

all books, documents, papers or records;

all Affidavits of Purchaser;

trust ledgers;

statements of adjustments;

correspondence; and

tax bills.

DATED at Charlottetown, Prince Edward Island, this 18th day of April, 2008.

BY THE COMMISSION:

Brian J. McKenna, Vice-Chair

Gordon McCarville, Commissioner

Anne Petley, Commissioner

TAKE NOTICE that any person or corporation that fails to comply with a demand made under Subsection 15(2) of the Act is liable to a penalty, pursuant to Subsection 15.1(1) of the Act, of not more than $10,000, together with a per diem penalty not exceeding $500 each day non-compliance continues.

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 Appeal Division of the Supreme Court upon a question of law or jurisdiction.

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