Excluding the public from the public interest

Loopholes in the P.E.I. Lands Protection Act are tools used by larger corporations to get around the law. Loophole defined by Webster is an ambiguity or omission through which the intent of the text may be evaded. The advertising guidelines established by IRAC to provide the opportunity for Islanders to acquire P.E.I. land pursuant to the Lands Protection Act contains a very large loophole. Section 4 of the Administrative Guidelines for Land Acquisition states as follows:

“Notwithstanding the general application of the advertising requirements, these requirements may be waived in those cases where: it has been demonstrated to the Commission (IRAC) that the acquisition would not be prejudicial to the public interest. For example, acquisitions of property as part of an initiative having significant economic benefit for the province and where the requirement to advertise the property might prevent the project or activity from going forward.”

This loophole gives the right to government to determine the public interest behind closed doors. This becomes particularly true when the economic benefit is deemed to be significant. One would think this would be the time when the public should be engaged in the decision process, not sidelined.

The purpose of the Lands Protection Act is to regulate the amount of land held by persons and corporations. If property can be sold, especially property deemed to be significant to the economy, without members of the community being aware, does this not undermine the purpose of the law in the first place. This loophole should be deleted. The failure to close this and other loopholes allows for the land to be controlled in fewer and fewer hands.