- Updated to: January 14, 2015 -
(Click HERE for Previous Version of this Regulation)
PRINCE EDWARD ISLAND LANDS PROTECTION ACT
LAND IDENTIFICATION REGULATIONS
(a) "Act" means the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5;
(a.1) "Commission" means the Island Regulatory and Appeals Commission;
(b) "non-development use" means use for purposes, including forestry, wildlife, agriculture, recreation, permanent or seasonal residence, that do not involve commercial or industrial development or subdivision;
Application of land identification program
2. The land identification program established by these regulations applies to the acquisition of land in the following cases:
Program does not apply
4. The land identification program does not apply where
(b) the land is not located within the boundaries of a municipality referred to in clause (a), and
5. (1) Land is identified under the program where
(b) the Lieutenant Governor in Council has pursuant to section 9 of the Act made it a condition of the issue of a permit under section 4 or 5 of the Act that the land be identified under the program for non-development use and the person or corporation acquiring the land has agreed to that condition.
Registration of Deed
Particulars of agreement
6. The identification agreement shall
Application to vary or cancel conditions
10. (1) An application made pursuant to subsection 9(2) of the Act shall be made in writing to the Commission, and shall describe:
(b) the reasons for the request.
Report by Commission
11. Nothing in these regulations or in an identification agreement shall be construed to preclude or prejudice
(c) any previous approval for development or subdivision granted pursuant to the Planning Act R.S.P.E.I. 1988, Cap. P-8.
THIS AGREEMENT made this ____ day __________, 20 __ .
BETWEEN: _________________________ (hereinafter called the "Covenantor")
OF THE FIRST PART
THE PROVINCE OF PRINCE EDWARD ISLAND, on behalf of Her Majesty (hereinafter called the "Covenantee")
OF THE SECOND PART
WHEREAS the Covenantor has petitioned the Lieutenant Governor in Council of the Province of Prince Edward Island for permission to acquire the land holding described in Schedule A hereto from _______________________ of _________________ and to acquire and hold said lands in (his)(their)(its) name;
AND WHEREAS the Covenantor has agreed to identify the lands described in Schedule A hereto in accordance with the Regulations, the said identification to become effective on the same day that the Deed of Conveyance from ____________________________ to the Covenantor is registered and the Covenantor will also register this Agreement immediately following the Deed of Conveyance;
NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the premises and of the mutual covenants and agreements hereinafter contained and pursuant to the provisions of the Planning Act and the Land Identification Regulations made under the Prince Edward Island Lands Protection Act, the parties hereto covenant and agree as follows:
1 . The Covenantor covenants and agrees that the lands described in Schedule A be identified for non-development use and the same is hereby so identified in accordance with the Land Identification Regulations made under the Prince Edward Island Lands Protection Act.
2. The Covenantor does hereby covenant and agree to use the lands described in Schedule A for non-development use only subject to the provisions of the Land Identification Regulations, and the Covenantor does hereby forfeit to Her Majesty the Queen, in right of the Province of Prince Edward Island, all other uses of the said lands.
3. This agreement becomes effective immediately after the execution of a Deed of Conveyance from ___________________________ to the Covenantor conveying to the Covenantor the lands described in Schedule A.
4. The Covenantor does covenant and agree to register this Agreement with the Registrar of Deeds for _____________ County immediately after (meaning the next document registered) the registration of the Deed of Conveyance from ___________________________ to the Covenantor. For greater clarification, it is agreed that no intervening document of any nature whatsoever shall be registered after the registration of the Deed of Conveyance from ___________________________ to the Covenantor and before the registration of this Agreement.
5. This Agreement incorporates by reference all of the Land Identification Regulations referred to in the recitals to this Agreement. The Covenantor declares that he is aware of and fully understands said regulations.
6. This Agreement is binding upon and enures to the benefit of the Covenantor, his heirs, executors, administrators, or assigns (or its successors and assigns as the case may be) and the Covenantee, its successors and assigns according to law.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the day and year first above written.
(Description of Lands)
* The Adobe Acrobat Reader (Version 5.0 or higher) is required to view, complete and print PDF documents. The Reader can be downloaded free of charge from Adobe Systems Incorporated by clicking on the icon.