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FORM 2
APPLICATION BY OR ON BEHALF OF A CORPORATION PURSUANT TO SECTION 5
OF THE PRINCE EDWARD ISLAND LANDS PROTECTION ACT (the ACT)
LAND APPROVED FOR ACQUISITION MAY BE SUBJECT TO CONDITIONS IMPOSED BY LIEUTENANT GOVERNOR IN COUNCIL
NOTE: Multiple parcels may be included on a single application form provided the transaction is between
the same purchaser(s) and vendor(s). However, questions #13-19 must be answered for each parcel
individually (attach a schedule if necessary).
1. Applicant corporations name:
2. Place of incorporation:
3. Applicant corporation’s registered permanent address: _________________________________________________
Number and Street Name (PO Box not acceptable)
_________________________ ______________ __________ _______________ __________________________
City/Town/Community Province Postal Code Telephone Email Address
4. Type of business in which corporation is engaged:
5. Present land owner’s name:
6. Present land owner’s permanent address:
7. Vendor’s name, if different than present land owner:
8. Vendor’s permanent address: _____________________________________________________________________
9. Approximate date of acquisition by the present land owner:
10. Type of transaction (check one):
(a) purchase __ (b) transfer __ (c) gift __ (d) purchase of shares __ (e) lease __ (f) other specify) _____________
11. Agreed purchase price: ___________________________________________________
12. If the interest is being acquired by lease: Total value of the lease $____________Lease term: ___years
13.
Parcel
Number
Acreage
Community
Township
or Lot
Number
County
Shore
frontage
(feet)
Arable
Land
Total
(a)
(b)
(c)
(d)
(e)
14. Are there buildings located on the parcel?______ If yes, describe the buildings or other structures:
15. State the present non-arable land acreage breakdown of each parcel separately:
(a) pasture ___________ (b) woodland __________ (c) marsh __________ (d) vacant/clear ____________
(e) other (specify) ____________________________________________________________________________
16. State the intended use of each parcel separately:
(a) principal residence _____ If so, when ____________ (b) seasonal residence _______ (c) agriculture _______
(d) forestry ________ (e) commercial __________ (f) industrial ________ (g) subdivision of lots__________
(h) other (specify) ___________________________________________________________________________
17. If the intended use is ‘subdivision of lots’, indicate whether a subdivision application has been filed and/or approved
by the Department of Agriculture and Land. If so, provide a copy of the letter granting preliminary approval and a
sketch showing the proposed subdivision or the approved subdivision plan.
18. Has each parcel been used for agriculture in the last five years?
19. In accordance with subsection 9(1) of the Act, the Lieutenant Governor in Council may impose such conditions on a
permit issued under section 4 or 5 of the Act as the Lieutenant Governor in Council may consider expedient,
including a condition that the land not be subdivided or that the land be identified for non-development use
pursuant to the Land Identification Regulations made under the Act. Land identified for non-development use
cannot be further subdivided or used for commercial or industrial purposes. (Refer to subsection 9(1) of the Act.)
Land cannot be identified for non-development use if:
(a) the parcel is located in a community that has an official plan;
(b) the parcel is less than five (5) acres in size and has less than 165 feet of shore frontage;
(c) planning approval has been granted for development of the entire parcel.
If Executive Council imposes one or more conditions pursuant to section 9(1) of the Act, are you prepared to
complete the transaction?________ If “no”, state reasons:
Clear Form
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20. For the applicant corporation, provide on a separate sheet and attach:
(a) the parcel number, arable land acreage and non-arable land acreage of each parcel of land
1
in the province
now owned, leased in or leased out by the corporation (including global leases);
(b) the names and permanent address of each officer and director of the corporation;
(c) the total number of shares
2
issued by the applicant corporation;
(d) the names, addresses and number of shares held by shareholders, both corporate and individual, who hold
more than 5% of the issued shares of the applicant corporation;
(e) for each of the shareholders listed in clause (d) above provide:
(i) the parcel number, arable land acreage and non-arable land acreage of each parcel of land
1
in the province
now owned, leased in or leased out by each shareholder (including holdings of minor children); and
(ii) the parcel number, arable land acreage and non-arable land acreage of each parcel of land
1
in the province
now owned, leased in or leased out by any other corporation in which each shareholder owns more than 5%
of the shares, total number of shares issued by that corporation and number of shares held by that
shareholder;
(f) if any of the shareholders listed in clause (d) above are corporations, provide for each shareholder corporation:
(i) the names and permanent address of each officer and director;
(ii) the names, addresses and number of shares held by shareholders, both corporate and individual, who hold
more than 5% of the issued shares;
(iii) the parcel number, arable land acreage and non-arable land acreage of each parcel of land
1
in the province
now owned or leased by each shareholder that owns more than 5% of the shares, total number of shares
issued by that corporation and number of shares held by that shareholder;
(g) if the applicant corporation holds more than 5% of the shares in any other corporation(s), provide the following
for each corporation:
(i) the percentage of shares held by the applicant corporation; and
(ii) the parcel number, arable land acreage and non-arable land acreage of each parcel of land
1
in the province
now owned, leased in or leased out.
1
The Act excludes any parcel of land of one acre or less that is situated within the boundaries of a municipality with an official plan approved by the
Minister under the Planning Act, R.S.P.E.I., Cap P-8.
2
share" means
(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.
21. Are each of the shareholders listed in 20(d) and (f) a resident person as defined by subsection 1.(1.01) of the Act?
_____ If not, a Form 1 application may be required, pursuant to section 4 of the Act, and application fee (when
applicable) for any shareholder who is not a resident person.
22. If any shareholder is a trust, provide on a separate sheet and attach:
(a) the names and land holdings, including parcel numbers and acreages of the trustee(s) of the trust;
(b) if the trust is non-discretionary, the names and land holdings, including parcel numbers and acreages, of the
beneficiaries of the trust; or
(c) if the trust is discretionary, file
(i) a copy of the trust agreement;
(ii) an affidavit with an attached copy of the sections of the trust agreement that grants the discretion to the
trustee(s); or
(iii) a legal opinion signed by a solicitor licensed to practice law in Prince Edward Island confirming the trust is
discretionary.
23. Details of advertising of the land on the local real estate market may be required. Refer to the Administrative
Guidelines for Advertising Land for more information. Where applicable, provide the response to one of the
following:
(a) If the parcel was listed through a local real estate company, state the following:
(i) real estate company:
(ii) was a for sale sign displayed on each parcel?_______ If not, provide reasons:
(iii) date the listing agreement began:
(iv) date the listing agreement expires or expired:
(v) list price:
(vi) details of interest expressed by residents of the province, including offers that were made and the reasons
that those offers were not accepted:
____________________________________________________________________________________
____________________________________________________________________________________
(b) If the parcel was not listed with a local real estate company, explain how the parcel was suitably
advertised as outlined in the Administrative Guidelines for Advertising Land. Also, provide details of any
interest expressed by residents of the province, including offers that were made and the reasons that those
offers were not accepted:
________________________________________________________________________________________
________________________________________________________________________________________
(c) If the parcel was not suitably advertised, provide a submission explaining why the advertising requirements
should be waived:
________________________________________________________________________________________
________________________________________________________________________________________
24. State any other circumstances that are relevant:
____________________________________________________________________________________________
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DECLARATION
25. I hereby certify that this application is complete and that the information herein, and attached hereto, is true and
correct in all respects. I further certify that I am authorized to sign this application.
26. Upon request, I undertake to provide such further information as may be reasonably required by the Commission or
Executive Council in the processing of this application.
Signature of applicant or attorney Date
Name of signatory (please print) Address
Title Indicate if acting as attorney Email Address
Telephone
ATTACH:
(a) a legal description of the parcel(s) to be acquired;
(b) a GeoLinc map showing the parcel(s) to be acquired outlined in red; and
(c) a cheque made payable to the Island Regulatory and Appeals Commission when applicable.
Refer to the Fees Regulations or contact the Island Regulatory and Appeals Commission to determine the
applicable fee.
NOTICE:
Section 14 of the Act states:
Where a corporation has committed an offence against this Act, every officer, director or agent of
the corporation who directed, authorized, assented to or acquiesced or participated in the
commission of the offence is guilty of an offence and liable on summary conviction to a fine of not
more than $250,000 or to imprisonment for a term of not more than two years, or to both such fine
and imprisonment, whether or not the corporation has been prosecuted or convicted.”
RETURN COMPLETED FORM TO:
The Island Regulatory and Appeals Commission
Suite 501 134 Kent Street
P. O. Box 577
Charlottetown PE C1A 7L1
Telephone: (902) 892-3501 or
1-800-501-6288 (Toll Free in PEI and NS)
Fax: (902) 566-4076
Website: www.irac.pe.ca
Information on this Form is collected pursuant to the Lands Protection Act and will be used by the Commission in the administration of
the said Act. For additional information, contact the Commission at (902)892-3501 or by email at info@irac.pe.ca.
IRAC 10/17