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Green Party hopes to close 'loophole' with change to Lands Protection Act this spring

Opposition finance critic Michele Beaton said the Green Party hopes to table legislation as early as Wednesday to close what she referred to as a "loophole" in P.E.I.'s Lands Protection Act.

Minister Bloyce Thompson, who vowed two years ago to close loopholes, says he wants to wait until fall

Kerry Campbell · CBC News ·
P.E.I. potato field with a view down to the water.
One of the purposes of P.E.I.'s Lands Protection Act, according to the legislation itself, is to address the province's 'small land area and comparatively high population density.' The law places limits on individual and corporate land ownership. (Open Farm Day/Facebook)

With the end of the spring sitting of the P.E.I. legislature looming, the Green Party says it has at least one more bill it hopes to introduce — and pass — before MLAs rise until the fall.

Opposition finance critic Michele Beaton said her party hopes to table legislation as early as Wednesday to make a change to the Lands Protection Act.

Beaton said that change will follow a recommendation issued two weeks ago by the standing committee that subpoenaed IRAC's investigation into a controversial land transfer.

The committee said cabinet approval should be required when land changes hands through the sale of shares. Currently, that approval is only required when corporations acquire land through a direct purchase.

The minister responsible — Bloyce Thompson — has said he doesn't plan to make any changes to the Act until the Land Matters Advisory Committee delivers its report in the fall.

But Beaton sees no reason to wait.

Close 'loophole' now, says Opposition

"We've waited a long time to find out what are the issues with the Lands Protection Act, and this is a very clear recommendation that came out of the standing committee's review," Beaton said.

Opposition finance critic Michele Beaton says one of P.E.I.'s standing committees has identified a 'loophole' in the Lands Protection Act, and the legislative assembly should fix it without further delay. (Legislative Assembly of P.E.I.)

Beaton said waiting until the fall could potentially allow for more land transfers to take place, exploiting what she referred to as a "loophole" in the Act.  

"So if we already know what the issue is, there would be no reason why we shouldn't work on at least this first loophole as a start, and then bring forward the rest of the recommendations when they come."

Changes to law expected this fall

The PC government has promised a "Lands Protection Act 2.0" this fall.

The Land Matters Advisory Committee was struck in the fall of 2020 to review the legislation and recommend changes.

In August 2019, Thompson vowed to close any loopholes in the Lands Protection Act and ordered the Island Regulatory and Appeals Commission to investigate after a transfer of land from Brendel Farms involving 890 hectares in the Summerside and North Bedeque areas went ahead without going before cabinet for approval. It was acquired by Haslemere Farms, which later changed its name to Red Fox Acres.

Thompson ordered the Island Regulatory and Appeals Commission to investigate, receiving its report in October 2020.

Thompson said the report, which still hasn't been made public, concluded that a company and two individuals had contravened the Lands Protection Act by having too much land.

Thompson said he asked the parties involved to divest of the extra land within four months. 

Red Fox Acres and Rebecca Irving, a director with the company, have both asked the Supreme Court of Prince Edward Island to nullify the minister's decision.

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ABOUT THE AUTHOR

Kerry Campbell

Provincial Affairs Reporter

Kerry Campbell is the provincial affairs reporter for CBC P.E.I., covering politics and the provincial legislature. He can be reached at: [email protected].

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