- Updated to: November 24,
2010 -
CHAPTER U-5
UNSIGHTLY
PROPERTY ACT
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Definitions |
1. In this Act |
antique motor vehicle
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(a) "antique motor vehicle" means a vehicle
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(i) which is at least thirty years old or a classic recognized by the Classic Car Club
of America, |
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(ii) which has been certified by an inspector for authenticity, running order and safety, |
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(iii) which is an insured motor vehicle, |
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(iv) which is not used as a private passenger vehicle or for commercial purposes, and |
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(v) the owner of which is a member of the Prince Edward Island Antique Auto Club and has
one or more vehicles registered in his name; |
Commission |
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(a.1) "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; |
dilapidated building |
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(b) "dilapidated building" includes a building which is structurally
sound but by virtue of broken windows, torn roofing, or other defects is in a condition of
substantial disrepair; |
derelict motor vehicle |
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(b.1) "derelict motor vehicle" means a motor vehicle as defined in the Highway
Traffic Act R.S.P.E.I. 1988, Cap. H-5 that |
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(i) does not display on the windshield affixed to the motor vehicle, a valid unexpired
motor vehicle inspection approval sticker issued under the Highway Traffic Act, |
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(ii) is |
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(A) inoperative by reason of removed wheels, battery, motor, transmission or other
parts or equipment necessary for its operation, or |
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(B) in a state of disrepair or is unsightly by reason of missing doors, glass or body
parts, |
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but does not include an antique motor vehicle; |
highway |
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(b.2) "highway" means the entire width between the boundary lines of
every street, road, lane, alley, park or place where any part thereof is used by the
general public for the passage of vehicles, and includes bridges; |
inspector |
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(c) "inspector" means any person appointed by the Minister as an
inspector under this Act; |
litter |
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(d) "litter" means
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(i) rubbish, refuse, garbage, waste materials, papers, packages, containers, bottles,
cans or parts thereof, |
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(ii) any article, product, machinery, mobile home or other manufactured goods which are
dumped, discarded, abandoned or otherwise disposed of, |
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(iii) any other thing that may be designated as litter in the regulations; |
Minister |
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(e) "Minister" means the Minister designated by the Lieutenant Governor
in Council to have the administration of this Act; |
motor vehicle |
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(f) repealed by 1991,c.48,s.1; |
order |
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(g) "order" means a clean-up order issued under this Act; |
unsightly property |
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(h) "unsightly property" means any real property or part thereof upon
which there is litter, derelict motor vehicles or parts thereof, dilapidated buildings,
structures or parts thereof, which causes the real property or any part thereof to look
unsightly.
1975,c.32,s.1; 1977.c.43.s.1: 1987,c.69,s.1; 1991,c.18,s.22{eff.} Nov.
4/91; 1991.c.48,s.1 {eff.} July 15/91; 1992, c.70,s.1. |
Inspectors |
2. (1) The Minister may appoint persons as inspectors for the purposes of this Act. |
Idem |
(1.1) A conservation
officer appointed under the Wildlife Conservation Act R.S.P.E.I.
1988, Cap. W-4.1 is an inspector by virtue of his or her office. |
Clean-up order |
(2) Where an
inspector believes, on reasonable and probable grounds, that any real
property is unsightly property, the inspector may issue a clean-up order.
1975,c.32,s.2,
1994,c.64,s.1; 2006,c.16,s.63. |
Order issued to |
3. The clean-up order shall be issued |
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(a) to the owner; or |
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(b) to the person in control, |
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of the property that is the subject of
the order.
1975,c.32,s.3. |
Contents of order
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4. The order may require the person to whom it is addressed, within a period of
time that shall not be less than fourteen days from date of the service of the order |
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(a) to remedy the condition of the property in a manner and to the extent directed in
the order; |
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(b) to demolish any dilapidated buildings, structures or parts thereof, or to remove any
litter causing or contributing to the unsightliness of the property; |
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(c) to construct anything to prevent the property from being viewed; |
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(d) to do any other thing to remedy the unsightliness of the property; or |
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(e) to do all or any of the matters specified in clauses (a) to (d).
1975,c.32,s.4; 1976,c.32,s.1. |
Service of order |
5. (1) The order shall be served on the person to be notified |
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(a) by personal delivery thereof to that person; |
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(b) by posting the order by registered mail with postage prepaid addressed to that person
at his latest known address; or |
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(c) where the address of that person is unknown by posting the order in a conspicuous
place on the property. |
Date of service deemed |
(2) The date of the service of the order under subsection (1)
shall be
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(a) on the date of delivery where personal service is made; |
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(b) on the second day after deposit in the mail where service by mail is made; or |
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(c) on the date of the posting where posting is made on the property. |
Proof of service, by certificate |
(3) Proof of the service of the clean-up order may be made by a
certificate signed by the person serving the order setting forth the manner in which
service was made and specifying the time of service. |
Certificate proof of certain matters |
(4) A certificate made under subsection (3)
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(a) is proof of the signature of the person certifying; and |
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(b) is proof that the person named
in the order received notice of the matters referred to in the order.
1975,c.32,s.5. |
Duration of order
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6. An order continues
in force for period of twelve months from the date on which it is served on
the person to whom it is addressed and if that person permits the property
that is the subject of the order to revert to being an unsightly property
while the order is in force, he shall be deemed to have failed to comply with
the order and it may be enforced against him accordingly, but without
prejudice to the issue of a new order under section 2 in respect of that
property.
1977,c.43,s.2. |
Appeal to Commission |
7. The person to whom the order is issued may appeal within ten days of the date of
service to the Commission from the order of the inspector or from any part thereof.
1975,c.32,s.6. |
Appeal procedure |
8. Where an appeal is taken under section 7, the person appealing |
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(a) shall prepare a notice of
appeal in writing setting forth the grounds of appeal; |
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(b) shall cause a copy of the notice of appeal to be served on the Minister; and |
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(c) shall file a copy of the notice of appeal on the chairman of the Commission.
1975,c.32,s.7; 1991,c.18,s.22 {eff.} Nov.4/91. |
Setting appeal down for hearing |
9. Upon receiving a notice of appeal, the chairman of the Commission shall cause
the appeal to be set down for hearing and shall notify the Minister and the person
appealing of the time and place for hearing of the appeal.
1975,c.32,s.8; 1991,c.18,s.22 {eff.}
Nov. 4/91. |
Powers of Commission on appeal |
10. On hearing the
appeal the Commission may confirm, rescind or in any manner vary the order,
and the judgment of the Commission shall be final.
1975,c.32,s.9. |
Dismissal of appeal, compliance of order by appellant |
11. Where the person
on whom an order has been served appeals against the finding of an inspector
and the appeal is dismissed in whole or in part by the Commission, he shall
comply with those terms of the order which were appealed and dismissed within
a period of time to be set by the Commission which shall not be more than
thirty days from the date of dismissal of the appeal.
1975,c.32,s.10. |
Failure to comply with order remedies open to inspector |
12. Where a person on whom an order has been served fails
to comply with the order or any variation thereof made under section 10, the inspector may
carry out the directives contained in the order and charge the costs of the work done to
the person to whom the order was issued and the person so charged is personally liable
therefor; neither the Minister nor the inspector is personally liable for any
action taken under this section, nor for the costs of any goods, materials or
labour incurred in exercising powers vested in the inspector under this
section.
1975,c.32,s.11;
1976,c.32,s.2. |
Costs under section 11 debt due Crown |
13. (1) The costs involved in carrying out the work done under section 12 are a
debt due to the Crown by the person to whom the order was issued and may be recovered from
him as such. |
Lien |
(2) The debt referred to in subsection (1) constitutes a lien on
the property of the debtor.
1975,c.32,s.12; 1991,c.47,s.1. |
Right of entry by inspectors
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14. (1) An inspector may at any reasonable time enter onto or into any real or
personal property, other than a dwelling for the purpose of |
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(a) determining whether motor vehicles causing the property to be unsightly are
derelict motor vehicles as defined in this Act; |
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(b) determining the ownership of the unsightly property; |
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(c) determining whether a clean-up order and any variation thereof made by the Commission
under this Act is being complied with; |
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(d) determining whether there is a non-compliance with or violation of this Act; and |
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(e) exercising the powers vested in an inspector under section 12. |
Offences and penalties |
(2) Any person who prevents or obstructs or attempts to prevent
or obstruct any entry under subsection (1) is guilty of an offence and liable on summary
conviction to a fine of not less than $100 and not more than $1,000.
1975,c.32,s.13;
1977,c.43,s.3; 199l,c.48,s.1 {eff.} July 15/91; 1994,c.64,s.2,
1994,c.58,s.6. |
Regulations |
15. The Lieutenant Governor in Council may make regulations
concerning all such matters, acts and things as are necessary for the administration and
enforcement of this Act, and in particular but not so as to restrict the generality of the
foregoing, may make regulations in respect of the following matters: |
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(a) designating or exempting any thing as litter; |
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(b) governing the form, issue, content and nature of clean-up orders; |
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(c) exempting any person or operation from any or all of the provisions of this Act; |
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(d) disposal of derelict motor vehicles and any destruction of part or parts thereof, and |
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(e) repealed by 1991,c.18,s.22.
1975,c.32,s.14; 1991,c.18,s.22 {eff.} Nov.4/91;
1991,c.48,s.1 {eff.} July 15/91. |
Limitation of liability |
16. The
inspectors and persons acting under their instructions, or under the authority
of this Act or the regulations are not personally liable for any loss or
damage suffered by any person by reason of anything in good faith done or
omitted to be done in the exercise or purported exercise of any powers given
by this Act or the regulations.
1975,c.32,s.15. |
Offence for non-compliance with orders |
17. Every person who fails to comply with an order issued under
this Act is guilty of an offence and on summary conviction is liable to a fine of not
less than $200 and not more than $2,000, each day that the non-compliance continues after
a conviction under this section constitutes a separate offence and the person who so
continues to fail to comply is subject to the said fine or imprisonment for each such day
upon conviction therefor under this section.
1976,c.32,s.3; 199l,c.48,s.1 {eff.} July
15/91; 1994,c.58,s.6. |
Prohibition |
18. (1) No person shall have, keep or maintain, or permit to be kept or maintained,
upon property which he owns or occupies, a derelict motor vehicle which is viewable from a
highway.
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Offence |
(2) Every person who violates this section is guilty of an
offence and on summary conviction is liable to a fine of not less than $200 and not more
than $2,000, and in default in payment thereof, is liable to imprisonment for thirty days. |
Continuing offence |
(3) Each day that the non-compliance continues after a
conviction under subsection (2) constitutes a separate offence and the person who so
continues to fail to comply is subject to the said fine or imprisonment for each such day
upon conviction therefor under this section. |
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(4) This section does not apply to any person who has valid permit
pursuant to the Automobile Junkyards Act
R.S.P.E.I. 1988, Cap. A-25. 1991,c.48,s.1 {eff.}
July 15/91. |
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