
Administrative Guidelines
for Advertising Land
Pursuant to Applications Under Sections 4 and 5 of the
Prince Edward Island Lands Protection Act
Approved
by Executive Council on January 11, 2011
(D2011-09)
1. Intent and Objective
The objective of the guidelines is to
provide an opportunity for resident persons and resident
corporations to acquire land in the province. To accomplish this
objective, land must be suitably advertised on the local real estate
market for a reasonable amount of time before an interest in it is
acquired by a non-resident person or non-resident corporation
pursuant to the provisions of Sections 4 and 5 of the
Lands Protection
Act.
The intent of the guidelines is to
ensure that resident persons and resident corporations have
knowledge that land is for sale and have the opportunity to compete
for the purchase of that land.
The Commission will
utilize these administrative guidelines in making its
recommendations to Executive Council on non-resident person and
non-resident corporation applications.
2. Definitions
For the purpose of
interpreting these guidelines:
Appropriate
advertisement means an advertisement measuring not less than
1"x 1" (for newspapers) and is to contain specifics on the
parcel including but not limited to parcel number, community
name, acreage and contact information. Suggested advertisement:
For Sale
100 acre parcel
(#11111) located
in Charlottetown.
Contact Joe at
444-4444
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Appropriate
sign means a sign measuring not less than 2' x 1.5' and is
to contain specifics on the parcel including but not limited to
contact information.
Reasonable amount of time is a period of not less than three
months within a six month period immediately prior to an
application being made pursuant to the provisions of the
Act.
3. Acceptable
methods of advertising
Suitably advertised
may be in a form such as (but not limited to):
-
A listing with
a real estate company within the province which provides wide
public exposure with an appropriate sign placed in a suitable
location on the property for public viewing stating that the
property is for sale; or
-
An appropriate
advertisement:
-
Placed, in
the classifieds of a newspaper circulating in the area, once
a month for three months, in conjunction with an appropriate
sign placed in a suitable location on the property for
public viewing stating that the property is for sale; or
-
placed on a
local classified website acceptable to the Commission, in
conjunction with an appropriate sign placed in a suitable
location on the property for public viewing stating that the
property is for sale;
4. Exceptions
Notwithstanding the
general application of the advertising requirements, these
requirements may be waived in those cases where:
-
It has been
demonstrated to the Commission that the acquisition would not be
prejudicial to the public interest. For example, acquisitions of
property as part of an initiative having significant economic
benefit for the province and where the requirement to advertise
the property might prevent the project or activity from going
forward.
-
An acquisition
of an interest in property is by way of lease.
5. Implementation
The Commission will
utilize these administrative guidelines in making its
recommendations to Executive Council on non-resident person and
non-resident corporation applications.
This will ensure
the local advertising factor is applied in a fair and reasonable
manner and ensure that everyone, including Executive Council, the
Commission and the general public has a reasonable idea of the
requirements necessary to satisfy the local advertising factor.
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