120ProvincialSocial Policy
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An Act to Amend the Freedom of Information and Protection of Privacy Act

Chamber

pei

Stage

Introduced

This bill allows PEI's land purchase recommendations to be made public after a final government decision is issued.

Key Changes

  • Adds a new exception to the Freedom of Information and Protection of Privacy Act allowing disclosure of IRAC land recommendations
  • IRAC recommendations under section 8 of the Lands Protection Act can be released to the public after a final Order in Council is issued
  • Amends two subsections of the Freedom of Information and Protection of Privacy Act to include this new disclosure provision
  • Recommendations remain confidential until after the final government decision (Order in Council) is made

Gotchas

  • Recommendations are only disclosed after the Order in Council is issued — they remain protected during the decision-making process, which limits real-time public scrutiny.
  • The bill does not specify whether all details within a recommendation are disclosed or whether personal or commercial information within the recommendation could still be withheld under other privacy provisions.
  • This is a private member's bill, meaning it was introduced by an individual MLA rather than the government, and may face a lower likelihood of passing without government support.
  • The change applies specifically to IRAC recommendations under section 8 of the Lands Protection Act and does not broadly expand access to other IRAC recommendations or government documents.

Who's Affected

  • Members of the public seeking information about land ownership decisions in PEI
  • The Island Regulatory and Appeals Commission (IRAC)
  • Land applicants (individuals or corporations) seeking to purchase land in PEI
  • Journalists and researchers studying land ownership in PEI
  • Non-residents and corporations subject to the Lands Protection Act

Summary

This bill amends Prince Edward Island's Freedom of Information and Protection of Privacy Act to allow the public to access recommendations made by the Island Regulatory and Appeals Commission (IRAC) about land purchases. Currently, these recommendations are kept confidential. Under this bill, once the Lieutenant Governor in Council (the provincial cabinet) has issued a final Order in Council on a land application, the IRAC's recommendation related to that application can be disclosed to the public. The Island Regulatory and Appeals Commission reviews applications under the Lands Protection Act, which governs who can own land in PEI — particularly rules around non-residents and corporations buying large amounts of land. The Commission makes recommendations to cabinet, which then makes the final decision. This bill would make those recommendations transparent after the decision is finalized. The bill was introduced as a private member's bill by MLA Matthew MacFarlane. It appears intended to increase government transparency around land ownership decisions, which is a significant issue in PEI given concerns about land concentration and foreign ownership.

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