Data-center law in Prince Edward Island

R.S.P.E.I. 1988, c. P-8, ss. 24(2.1), 24(3), 26

Applies to both

Development means, among other things, site alteration, constructing, altering or adding to a structure or building, and changing the use or intensity of use of a parcel of land. A development permit is a permit issued for a development under the regulations or pursuant to a bylaw, other than a building permit issued under the Building Codes Act.

Where a development requires a development permit, no person may commence it without first obtaining the permit, and no building permit or occupancy permit may be issued before the development permit. Where a subdivision of land requires approval, no person may convey a lot without first obtaining approval.

The Lieutenant Governor in Council may make regulations establishing minimum development standards respecting public health and safety, protection of the natural environment and landscape features. An individual who contravenes the Act, the regulations or a bylaw is liable on summary conviction, where no other penalty is provided, to a fine of not less than $500 and not more than $10,000.

A corporation is liable on summary conviction, where no other penalty is provided, to a fine of not less than $2,000 and not more than $100,000.

Source: Full text of law

R.S.P.E.I. 1988, c. L-5, ss. 4-5

Applies to private

A resident person is a Canadian citizen or a permanent resident who has resided and maintained a principal residence in the province for not less than 365 days during the 24 months before acquiring a land holding. A person who is not a resident person may not have an aggregate land holding in excess of five acres, or having a shore frontage in excess of 165 feet, without first receiving permission from the Lieutenant Governor in Council.

A corporation may not have an aggregate land holding in excess of five acres, or having a shore frontage in excess of 165 feet, without first receiving permission from the Lieutenant Governor in Council. A person or corporation that contravenes the Act, the regulations or an order of the Commission or the Minister is liable on summary conviction to a fine not exceeding $250,000.

Source: Full text of law

R.S.P.E.I. 1988, c. E-9, ss. 9, 13, 32

Applies to both

An undertaking includes any construction, industry, operation or other project, or any alteration or modification of an existing undertaking, which will or may cause the emission or discharge of any contaminant into the environment. No person may initiate an undertaking unless the person first files a written proposal with the Department and obtains from the Minister written approval to proceed.

In considering a proposal the Minister may require the person to carry out an environmental impact assessment and submit an environmental impact statement. The approval is in addition to any other requirement imposed by the province or a municipality. No person may undertake the establishment of a waste treatment system, or change an existing system, without first obtaining written approval from the Minister.

A corporation that contravenes the Act or the regulations is liable on summary conviction, where no other penalty is provided, to a fine of not less than $1,000 or more than $50,000, or its directors to imprisonment for 90 days, or to both. A natural person who contravenes the Act or the regulations is liable on summary conviction, where no other penalty is provided, to a fine of not less than $200 or more than $50,000, or to imprisonment for 90 days, or to both.

Source: Full text of law

R.S.P.E.I. 1988, c. E-4, ss. 2.1-2.2

Effective 2004-01-01 · Applies to both

No person other than Maritime Electric Company, Limited may provide service in the province, or in a part of the province, unless the person provides the service using facilities that a person other than Maritime Electric Company, Limited has operated continuously from May 1, 1994, or holds a permit authorizing the service in that part of the province. Service includes the provision by a public utility for compensation of electric energy for the purposes of heat, light and power.

The Island Regulatory and Appeals Commission may issue a permit authorizing the holder to provide service in any area of the province, on application and following a hearing, if satisfied that the present or future public convenience and necessity of the area requires or will require the service. Maritime Electric Company, Limited shall provide service in all areas of the province, except in those areas in which another person provides service in accordance with the Act.

Sections 2.1 and 2.2 were added by chapter 3 of the Statutes of Prince Edward Island, 2003, effective January 1, 2004. A public utility or person who contravenes a provision of the Act or the regulations for which no penalty is provided, or who fails to do a thing an order of the Commission requires, is liable to a penalty imposed by order of the Commission of not more than $10,000.

Source: Full text of law

R.S.P.E.I. 1988, c. W-1.1, ss. 6, 8, 40, 43, 73

Effective 2021-06-16 · Applies to both

No person may commence an activity for which an approval is required unless the person holds the required approval. Except as the regulations permit, no person may on any day withdraw water from a well, watercourse or wetland at a rate that exceeds 25 cubic metres per day. Except as the regulations permit, no person may undertake the establishment of a water supply system or wastewater treatment system, or modify an existing one.

The Minister may by order direct that an approval to withdraw water for commercial purposes, industrial purposes or recreational purposes shall not be given if the withdrawal would interfere with the availability of water for domestic purposes or with sufficient flow in a watercourse for environmental flow needs.

A corporation that contravenes the Act or the regulations is liable on summary conviction, where no other penalty is provided, to a fine of not less than $10,000 and not more than $100,000. Any other person is liable on summary conviction to a fine of not less than $1,000 and not more than $10,000, or to imprisonment for a term not exceeding 90 days, or to both. The Act was proclaimed in force on June 16, 2021.

Source: Full text of law

R.S.P.E.I. 1988, c. B-5.1, ss. 11, 27

Effective 2020-03-31 · Applies to both

No person may commence construction or order the construction of a building, demolish or order the demolition of a building, or change the use of a building, unless a building official has issued a permit for the work and the proposed work conforms to the Act, the regulations and the terms and conditions of the permit. A corporation that contravenes a provision of the Act or the regulations is liable on summary conviction to a fine of not less than $1,000 and not more than $50,000.

An individual who contravenes a provision of the Act or the regulations is liable to a fine of not less than $500 and not more than $10,000, or to imprisonment for not more than 12 months, or to both. Sections 2, 3, 5(1), 6 to 8 and 10 to 33 of the Act were proclaimed in force on March 31, 2020.

Source: Full text of law

Air Quality Regulations, EC377/92

Applies to both

No person may discharge a contaminant into the air from any industrial source, incinerator or fuel-burning equipment without a permit. Fuel-burning equipment is any equipment, apparatus, device, mechanism or structure that burns solid, liquid or gaseous fuel for the purpose of vehicle transportation, heating, drying, generating power, processing steam or any combination thereof.

The permit requirement does not reach fuel-burning equipment using fuel with a total sulphur content of less than 0.7% by weight. A permit expires 12 months after the date of issue and may be renewed. Where an accidental, emergency or unauthorized release of a contaminant into the air occurs, the person in charge of the undertaking must immediately inform the Canadian Coast Guard and within seven calendar days submit a written report to the Minister.

A person who violates a provision of the regulations or fails to comply with a condition of a permit is liable on summary conviction to the penalties specified in section 32 of the Act. The regulations were made as EC377/92 and have been amended by EC161/04 and EC423/04.

Source: Full text of law