20ProvincialHousing

An Act to Amend the Prince Edward Island Lands Protection Act

Chamber

pei

Stage

Introduced

This bill restricts non-residents of PEI from owning more than one municipal property without government permission.

Key Changes

  • Non-residents are prohibited from owning more than one municipal property without permission from the Lieutenant Governor in Council
  • Housing affordability and the effects of speculative housing are added as an official purpose of the Lands Protection Act
  • 'Municipal property' is defined as property within a municipality with an approved official plan
  • Trust arrangements are addressed: non-discretionary trust properties are counted as held by both trustee and beneficiary; discretionary trust properties are counted as held by the trustee only
  • Non-residents who already legally own multiple municipal properties before the law takes effect are grandfathered in and deemed compliant
  • Certain interests are excluded from the new rules, including those held by financial institutions as loan security, lessees, and people who inherited property from close family members

Gotchas

  • The grandfathering clause means non-residents who already own multiple municipal properties are not required to sell them — the new restriction only applies to future acquisitions
  • The Lieutenant Governor in Council retains discretion to grant permission for non-residents to own more than one municipal property, meaning exceptions are possible on a case-by-case basis
  • Financial institutions acquiring property as loan security are exempt, which means foreclosure situations are not affected by the new restriction
  • The bill applies only to properties within municipalities with an approved official plan, so rural or unplanned areas are not covered by this specific restriction
  • The bill comes into force only when proclaimed by the Lieutenant Governor in Council, meaning the exact start date is not set in the legislation itself

Who's Affected

  • Non-resident individuals or corporations who own or want to buy property in PEI municipalities
  • PEI residents seeking affordable housing in municipalities
  • Real estate investors from outside PEI
  • Banks and financial institutions (partially exempted)
  • Trustees and beneficiaries of trusts holding municipal property

Summary

This bill amends Prince Edward Island's Lands Protection Act to add rules about non-residents owning property within municipalities. Specifically, it says that a person who is not a PEI resident cannot own or acquire an interest in more than one municipal property (meaning property within a municipality that has an approved official plan) unless they get permission from the Lieutenant Governor in Council. The bill also adds housing affordability as an official purpose of the Lands Protection Act, recognizing that speculative housing activities can affect the availability and affordability of housing for PEI residents. This signals that housing concerns — not just land use — are now a formal consideration when decisions are made under the Act. The bill was introduced by the Minister of Land and Environment and applies to non-residents who might buy up multiple properties in PEI towns and cities. Non-residents who already legally own more than one municipal property before this law takes effect are protected — their existing holdings are treated as if they had already received the required permits.

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