Prince edward island lands protection act

- Updated to: December 16, 2020 -

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PRINCE EDWARD ISLAND LANDS PROTECTION ACT

(a) repealed by 1995, c.22, s.1;

(b) "aggregate land holding"

(B) the relevant amount of land holdings of any corporation in which the person, or any of them, hold more than 5 per cent of the shares, and

(ii) in relation to a corporation, includes

(A) all land holdings of that corporation,

(B) all land holdings of any person, and of the person's minor children, who holds more than 5 per cent of the shares in that corporation,

(D) the relevant amount of land holdings of any other corporation in which more than 5 per cent of the shares are held by

(I) that corporation,
(II) a person referred to in paragraph (B), or
(III) a corporation referred to in paragraph (C).

(b.1) "arable land" means land

(i) on which a temporary agricultural crop is planted, or

(ii) on which a temporary agricultural crop was planted at any time in the immediately preceding four years;

(c) "Commission" means the Island Regulatory and Appeals Commission established under section 2 of the Island Regulatory and Appeals Commission Act , R.S.P.E.I. 1988, Cap. I-11;

(d) "corporation" includes a partnership, cooperative association or body corporate whether formed or incorporated under the law of this province or any other province or of Canada or outside of Canada, and for the purposes of this Act a corporation and other corporations directly or indirectly controlled by the same person, group or organization shall be deemed to be one corporation;

(e) repealed by 1990,c.28,s.1;

(e.1) "hold", in relation to shares, includes shares held by any trustee, legal representative, agent or other intermediary, as well as a person or corporation that has beneficial ownership of such shares;

(ii) a trust company, or

in the ordinary course of its business by way of security for a debt, credit or other obligation;

(i) repealed by 1995, c.22, s.1;

(i.1) "non-arable land" means land that is not arable land;

(i) in relationship to a partnership or co-operative association, a unit representing a proportion of the ownership of the partnership or association;

(ii) in relation to a corporation, an issued share carrying voting rights under all circumstances or by reason of the occurrence of an event that has occurred and that is continuing, and includes

(A) a security currently convertible into such a share, and

(B) currently exercisable options and rights to acquire such a share or such a convertible security;

(m) "shore frontage" means shore frontage as defined in the regulations;

(n) "temporary agricultural crop" means a crop that is comprised of annual or biennial plants.

(i) a Canadian citizen, or

(ii) a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada); and

(a) the occurrence of the termination of the lease as a result of default;

(b) the amount of the land holding that was leased; and

(3.6) Notwithstanding subsection (3), for the purposes of calculating the aggregate land holding of a person or corporation under section 2 or 10 or subsection 11.1(1), during the term of a written exemption issued to the person or corporation under subsection (3.5), the land holding subject to the exemption shall be excluded from the aggregate land holding of the person or corporation, as the case may be.

(3.7) This subsection and subsections (3.1) to (3.6) are repealed on December 31, 202 9 .

(6) For the purpose of calculating the aggregate land holding of any person or corporation under section 2 or 10 or subsection 11.1(1),

(a) the non-arable land holdings of the person, up to a maximum total amount of 400 acres, shall be excluded from the person's aggregate land holding; and

(b) the non-arable land holdings of the corporation, up to a maximum total amount of 1,200 acres, shall be excluded from the corporation's aggregate land holding.

(7) For greater certainty, the exclusion of non-arable land holdings from the calculation of the aggregate land holding of a person or corporation authorized under subsection (6) does not apply to the calculation of the aggregate land holding of a non-resident person under section 4 or 5.3 or a corporation under section 5 or 5.3. 1982,c.16,s.1; 1990,c.28,s.1; 1995, c.22,s.1; 1996,c.22,s.1; 1998,c.79,s.1; 2002,c.32,s.1; 2014;c.5,s.1 ; 2016, c.23,s.1,2 .

(i) use for the purposes of agricultural, forestry or fisheries production,

(ii) conservation use pursuant to a designation as a natural area under the Natural Areas Protection Act R.S.P.E.I. 1988, Cap. N-2, an archaeological site under the Archaeological Sites Protection Act R.S.P.E.I. 1988, Cap. A-17 or a heritage place under the Heritage Places Protection Act R.S.P.E.I. 1998, Cap. H-3.1.

(iii) parks use by the Federal, provincial or a municipal government,

(iv) residential use by the owner;

(1.1) Any condition imposed on a permit under clause (1)(a) or (b) that has not been cancelled under subsection (2), expires

(a) on the tenth anniversary of the date of the issuance of the permit, if the permit

(i) is issued on or after the date this subsection comes into force, or

(ii) was issued on a date before, but less than 10 years before, the date this subsection comes into force; and

(b) on the date this subsection comes into force, if the permit was issued 10 or more years before the date this subsection comes into force.

is guilty of an offence and is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or both.

(d) establishing a land identification program;

(a) prescribing the procedure in respect of applications for permits;

(b) prescribing a processing fee in respect of an application for a permit. 1991,c.18,s.22; 1992,c.38,s.6.

(a) the person or corporation is not entitled to compensation of any kind from the Government of Prince Edward Island;

(b) the person or corporation is not entitled to any damages for loss of property or breach of any lease or contract made necessary by divesting land holdings pursuant to the divestiture schedule;

(d) the Expropriation Act R.S.P.E.I. 1988, Cap. E-13 does not apply to the divestiture. 1998,c.79,s.18.