424 executive council 13 july 2021

424 EXECUTIVE COUNCIL _________________________________13 JULY 2021

EC2021-580

EDUCATION ACT TEACHER CERTIFICATION AND STANDARDS

REGULATIONS AMENDMENT

Pursuant to section 107 of the Education Act R.S.P.E.I. 1988, Cap. E-.02, Council made the following regulations:

1. The Education Act Teacher Certification and Standards Regulations (EC534/16) are amended by the addition of the following heading immediately before section 1:

INTERPRETATION

2. Subsection 1(1) of the regulations is amended

(a) in clause (e), by the deletion of the words “offered by an accredited university”;

(b) by the addition of the following after clause (h):

(h.1) “post-secondary study” means a course or program offered by an accredited university or a college;

post-secondary study

(c) in clause (i), by the deletion of the period and the substitution of a semicolon; and

(d) by the addition of the following after clause (i):

(j) “teacher’s license (academic)” means the category of teacher’s license established under section 2.1;

teacher’s license (academic)

(k) “teacher’s license (career and technical)” means the category of teacher’s license established under section 5.1;

teacher’s license (career and technical)

(l) “technical education teacher training program” means a technical education teacher training program consisting of at least 30 credit hours, approved by the Board.

technical education teacher in training program

3. The regulations are amended by the addition of the following heading immediately before section 2:

APPLICATION

4. (1) Subsection 2(1) of the regulations is amended

(a) in clause (a), by the deletion of the word “documents”; and

(b) by the revocation of clause (e) and the substitution of the following:

(e) evidence satisfactory to the Registrar that the applicant meets the standards and criteria in subsection 2.1(2) or 5.1(2), as the case may be;

(2) Subsection 2(2) of the regulations is revoked.

5. The regulations are amended by the addition of the following after section 2:


TEACHER’S LICENSE (ACADEMIC)

2.1 (1) The category of teacher’s license (academic) is established. Teacher’s license (academic)

(2) To obtain a teacher’s license (academic), an applicant shall have successfully completed a pre-service teacher education program.

Standards and criteria

(3) An applicant who holds a certification in another Canadian jurisdiction that the Registrar considers equivalent to a teacher’s license (academic) is deemed to meet the standards and criteria in subsection (2).

Labour mobility

(4) In subsection (3), “Canadian jurisdiction” and “certification” have the same meaning as in the Labour Mobility Act R.S.P.E.I. 1988, Cap. L-1.1.

Definitions

6. Subsections 3(1) and (2) of the regulations are amended by the deletion of the words “teacher’s license” and the substitution of the words “teacher’s license (academic)”.

7. (1) Subsection 4(1) of the regulations is amended by the deletion of the words “teacher’s license” wherever they occur and the substitution of the words “teacher’s license (academic)”.

(2) Subsections 4(2), (3), (4), (6) and (7) of the regulations are amended by the deletion of the words “teacher’s license” and the substitution of the words “teacher’s license (academic)”.

(3) Subsection 4(8) of the regulations is revoked.

8. Subsections 5(1) and (2) of the regulations are amended by the deletion of the words “teacher’s license” and the substitution of the words “teacher’s license (academic)”.

9. The regulations are amended by the addition of the following after section 5:

TEACHER’S LICENSE (CAREER AND TECHNICAL)

5.1 (1) The category of teacher’s license (career and technical) is established.

Teacher’s license (career and technical)

(2) To obtain a teacher’s license (career and technical), an applicant shall

Standards and criteria

(a) hold a high school diploma or a verified equivalent; (b) have completed five years of a combination of post-secondary study and work experience in the occupation in which the applicant is certified, which includes at least 30 credit hours of post-secondary study; (c) hold a recognized occupational certification in

(i) applied science technology or engineering technology, (ii) automotive technology, (iii) carpentry, (iv) culinary arts, (v) welding, or (vi) any other occupation for which a provincial curriculum has been developed; and

(d) have successfully completed a technical education teacher training program.

(3) Any credit hours of post-secondary study counted as prior learning or work experience for the purpose of occupational certification shall not be counted towards the credit hours required in clause (2)(b) or (d).

Credit hours counted as prior learning or work experience

(4) Notwithstanding clause (2)(d), the Registrar may issue a teacher’s license (career and technical) to an applicant who does not meet the requirement of clause (2)(d), subject to the terms and conditions that

Exception, technical education teacher training program

(a) within one year of the issuance of the license, the applicant shall apply for or enroll in a technical education teacher training program; and (b) within five years of the issuance of the license, the applicant shall successfully complete a technical education teacher training program.


(5) An applicant who holds a certification in another Canadian jurisdiction that the Registrar considers equivalent to a teacher’s license (career and technical) is deemed to meet the standards and criteria in subsection (2).

Labour mobility

(6) In subsection (5), “Canadian jurisdiction” and “certification” have the same meaning as in the Labour Mobility Act.

Definitions

5.2 (1) On issuing a teacher’s license (career and technical) pursuant to subsection 99(1) of the Act, the Registrar shall assign a qualification level with respect to the teacher’s license (career and technical) in accordance with this section and provide to the teacher written reasons for the qualification level assigned.

Assignment of qualification level

(2) The Registrar shall assign a qualification level 1 with respect to a teacher’s license (career and technical), unless the applicant meets the requirements for a qualification level under subsection (3), (4), (5), (6) or (7), as the case may be.

Qualification level 1

(3) Subject to subsections (4), (5), (6) and (7), the Registrar shall assign a qualification level 2 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification level 1, the applicant


(a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a college diploma related to the occupation in which the applicant is certified.

(4) Subject to subsections (5), (6) and (7), the Registrar shall assign a qualification level 3 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 and 2, the applicant has successfully completed an additional 30 credit hours of post-secondary study.


(5) Subject to subsections (6) and (7), the Registrar shall assign a qualification level 4 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 to 3, the applicant


(a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a degree or equivalent credential based on the successful completion of a pre-service teacher education program.

(6) Subject to subsection (7), the Registrar shall assign a qualification level 5 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 to 4, the applicant


(a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a master’s degree granted by an accredited university.

(7) The Registrar shall assign a qualification level 6 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 to 5, the applicant


(a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a second master’s degree or a doctoral degree granted by an accredited university.

(8) For the purpose of this section, the receipt of an interprovincial standards (Red Seal) endorsement related to a teachable subject-area is deemed to be equivalent to, and meet the requirement of, 30 credit hours of post-secondary study.

Red Seal endorsement = 30 credit hours

5.3 (1) On application by a teacher in the form required by the Registrar and payment of the fee set out in subsection 15(1), the Registrar shall assign a new qualification level in respect of a teacher’s license (career and technical), if the Registrar is satisfied that the teacher meets the requirements for the new qualification level set out in subsection 5.2(3), (4), (5), (6) or (7), as the case may be.

New qualification level


(2) Where the Registrar refuses to assign a new qualification level to a teacher’s license (career and technical) or assigns a qualification level other than the one requested by the teacher under subsection (1), the Registrar shall serve notice of and reasons for the refusal or alternate assignment, in writing, on the teacher by regular mail, which is deemed to be received by the teacher five days after the date on which it was sent.

Notice of refusal

10. The regulations are amended by the addition of the following heading after section 5.3:

TEMPORARY PERMIT

11. The regulations are amended by the addition of the following heading after section 6:

LANGUAGE PROFICIENCY


APPEAL

13. Subsection 8(1) of the regulations is amended

(a) by the addition of the words “or 5.3(2)” after the words “subsection 5(2)”; and

(b) by the addition of the words “, 5.2(1)” after the words “4(1)”.


GENERAL

15. Subsection 15(1) of the regulations is revoked and the following substituted:

15. (1) The following fees are prescribed for the purposes of the Act and these regulations:

Fees

Service or Document Fee

1. Application for teacher’s license (academic) – teacher education in Canada

$125

2. Application for teacher’s license (academic) – teacher education outside Canada

175

3. Application for teacher’s license (career and technical) 125

4. Application for new qualification level 50

5. Statement of professional standing 25

6. Appeal 200

16. Pursuant to subsection 107(2.1) of the Act, these regulations are deemed to have come into force on August 20, 2016.

EXPLANATORY NOTES

SECTION 1 adds a heading before the definitions section. SECTION 2 amends the definition of “credit hours” to broaden its application beyond accredited universities. It also adds definitions for specified terms. SECTION 3 adds a heading before section 2 of the regulations. SECTION 4 amends section 2 of the regulations to address applications for both categories of teacher’s license. SECTION 5 adds a heading and a new section 2.1 to the regulations establishing the category of teacher’s license (academic), setting out the standards and criteria for the license and facilitating labour mobility for


applicants with a certification in another province or territory that the Registrar considers equivalent. SECTION 6 updates references to a teacher’s license in section 3 of the regulations to a teacher’s license (academic). SECTION 7 updates references to a teacher’s license in section 4 of the regulations to a teacher’s license (academic). It also revokes subsection 4(8) of the regulations, as transitional matters respecting the qualification level of a teacher’s license are provided for in the Act. SECTION 8 updates references to a teacher’s license in section 5 of the regulations to a teacher’s license (academic). SECTION 9 adds a heading and new sections 5.1, 5.2 and 5.3 to the regulations. Section 5.1 establishes the category of teacher’s license (career and technical), sets out the standards and criteria for the license and facilitates labour mobility for applicants with a certification in another province or territory that the Registrar considers equivalent. Section 5.2 provides for the Registrar to assign a qualification level to each teacher’s license (career and technical) and sets out the requirements for each qualification level. Section 5.3 provides for a teacher to apply for a new classification level for a teacher’s license (career and technical). SECTIONS 10 to 12 add headings at specified points in the regulations. SECTION 13 amends subsection 8(1) of the regulations to include a reference to a notice served under subsection 5.3(2) and written reasons provided under subsection 5.2(1) to provide for an appeal of actions taken by the Registrar under those provisions. SECTION 14 adds a heading after section 13 of the regulations. SECTION 15 updates subsection 15(1) of the regulations in respect of fees payable under the regulations. SECTION 16 deems these regulations to have come into force on the date the Act came into force.

EC2021-581

ELECTION ACT TARIFF OF FEES AND EXPENSES REGULATIONS

AMENDMENT

Pursuant to section 120 of the Election Act R.S.P.E.I. 1988, Cap. E-1.1, Council made the following regulations:

1. The Schedule to the Election Act Tariff of Fees and Expenses Regulations (EC645/07) is revoked and the Schedule as set out in the Schedule to these regulations is substituted.

2. These regulations come into force on July 24, 2021.

SCHEDULE

SCHEDULE TARIFF OF FEES AND EXPENSES

1. Returning Officers:

(a) for personal services in connection with the administration of preparing for an election, including the general confirmation of electors, defining poll locations and the nomination of candidates, and with the administration of an election subsequent to the issue of the Writ of Election, including any expenditures not otherwise


provided for, the minimum wage plus $10 per hour, to a maximum of 288 hours;

(b) miscellaneous expenses, as authorized by the Chief Electoral Officer, and supported by voucher if over $200;

(c) for duties assigned by the Chief Electoral Officer, an amount as authorized by the Chief Electoral Officer.

2. Election Clerks:

For personal services in assisting the Returning Officer in the administration of the Returning Officer’s duties for each polling division, the minimum wage plus $5 per hour, to a maximum of 288 hours.

3. Election Officers, other than Deputy Returning Officers and Confirmation Officers:

Minimum wage plus $3 per hour. 4. Deputy Returning Officers:

(a) with supervisory duties in connection with activities at each polling location, from supervising the set up to dealing with the agents for the candidates, minimum wage plus $4 per hour; (b) all other Deputy Returning Officers, minimum wage plus $3 per hour.

5. Confirmation Officers:

(a) the basic amount, including training, of $200; (b) $0.50 for each elector in a household, confirmed by the required signature of at least 1 household member.

6. Rentals:

(a) for ordinary polling stations,

(i) for a single poll ..................................................................$175 (ii) for each addition poll, if held in the same place, per poll .....................................................................................$100

(b) for advance polling stations for each electoral district, per day .........................................................................................$175

The foregoing includes all expenses.

7. Training:

(a) Returning Officers and Election Clerks – hourly rate for a minimum of 4 hours; (b) Election Officers other than Confirmation Officers – hourly rate for a minimum of 3 hours.

8. Travelling:

The Chief Electoral Officer will authorize all travel for election officers at the current Treasury Board rate per kilometre.

9. Miscellaneous:

The Chief Electoral Officer is authorized to engage such staff and incur such expenses as, in the Chief Electoral Officer’s opinion, may be required to perform the duties of the office.


EXPLANATORY NOTES

SECTION 1 revokes the Schedule to the Election Act Tariff of Fees and Expenses Regulations (EC645/07) and substitutes the new Schedule as set out in the Schedule to these regulations, to establish the rates of fees and expenses for the specified officials and purposes. SECTION 2 provides for the commencement of these regulations.

EC2021-582

ENERGY CORPORATION ACT PRINCE EDWARD ISLAND ENERGY CORPORATION

AUTHORITY TO BORROW Pursuant to subsection 8(2) of the Energy Corporation Act R.S.P.E.I. 1988, Cap. E-7, Council authorized the Prince Edward Island Energy Corporation to borrow up to sixty million ($60,000,000.00) dollars from the Minister of Finance to finance construction of a 30 MW wind development project in Eastern Kings, Prince Edward Island.

EC2021-583

EXECUTIVE COUNCIL ACT MINISTER OF HEALTH AND WELLNESS

AUTHORITY TO ENTER INTO AN AGREEMENT (MEMORANDUM OF AGREEMENT)

WITH THE GOVERNMENT OF CANADA

Pursuant to clause 10(a) of the Executive Council Act R.S.P.E.I. 1988, Cap. E-12 Council authorized the Minister of Health and Wellness to enter into an agreement with the Government of Canada, as represented by the Minister of Health, acting through the Public Health Agency of Canada to set out the terms and conditions for the Province’s participation in the Enhanced Use of Health Administrative Data for Surveillance of Dementia in Canada under the Canadian Chronic Disease Surveillance System, for the period May 1, 2021 to March 31, 2024, such as more particularly described in the draft agreement.

EC2021-584

FINANCIAL ADMINISTRATION ACT ENERGY CORPORATION ACT

PRINCE EDWARD ISLAND ENERGY CORPORATION GUARANTEE BY LETTER OF CREDIT

Having under consideration the recommendation of Treasury Board (reference Minute TB348/19 of 7 November 2019) and pursuant to subsection 32(1) of the Financial Administration Act R.S.P.E.I. 1988, Cap. F-9 and subsection 8(3) of Energy Corporation Act, R.S.P.E.I. 1988, Cap. E-7, Council agreed to guarantee the payments of Prince Edward Island Energy Corporation (hereinafter referred to as the “Account Party”) owing to Enercon Canada Inc. (hereinafter referred to as "the Beneficiary") under a Wind Turbine Supply Agreement for development of a 30MW wind development project in Eastern Kings, Prince Edward Island (the “Turbine Agreement”), by authorizing the issuance of a Letter of Credit in an amount not to exceed thirty million, eight hundred and sixty-five thousand two hundred ($30,865,200.00) dollars in lawful money of Canada (hereinafter referred to as the "Stated Amount"), the said Letter


of Credit to be subject to and conditional upon the following terms and conditions: 1. The Beneficiary is only entitled to make a draw on the said Letter of Credit in the event the Account Party (a) has failed to pay Beneficiary as provided under the Turbine Agreement or (b) has failed to renew the said Letter of Credit or to provide an alternate Letter of Credit in accordance with the terms of the Turbine Agreement at least thirty (30) days prior to the Letter of Credit Expiration Date (defined below). 2. The said Letter of Credit shall automatically terminate at the earlier of (a) the end of the fifth Business Day after the Substantial Completion Date as defined in the Turbine Agreement ("Letter of Credit Expiration Date"), or (b) the date that the entire Stated Amount has been drawn in full. 3. Either the Minister of Finance or the Deputy Minister of Finance is designated and authorized to determine the form of the Letter of Credit as considered appropriate and to sign the Letter of Credit on behalf of the Province, together with such other documents as they may determine to be necessary or desirable in connection with the issuance of the said Letter of Credit, such determination to be exclusively and absolutely evidenced by their signature.

EC2021-585

FINANCIAL ADMINISTRATION ACT AUTHORITY TO CANCEL AND DISCLOSE

CERTAIN DEBT FINANCE PEI

Pursuant to subsection 26(1) of the Financial Administration Act R.S.P.E.I. 1988, Cap. F-9 Council authorized cancellation of debt from one (1) account receivable owing to Finance PEI in the total amount of $18,602.00, as at March 31, 2021. Further, pursuant to subsection 26.2(1) of the said Financial Administration Act, R.S.P.E.I. 1988, Cap. F-9 Council disclosed the following authorized cancellations:

SCHEDULE (CANCELLATIONS)

Borrower

Address Total Debt,

Including Interest

Debtors under $25,000.00 (1 account) Montague, PE $18,602.00

Total $18,602.00


EC2021-586

FINANCIAL ADMINISTRATION ACT SPECIAL WARRANT

(SUPPLEMENTARY EXPENDITURE FOR FISCAL YEAR 2020/2021) DEPARTMENT OF ECONOMIC GROWTH, TOURISM AND CULTURE

Pursuant to subsection 37(1) of the Financial Administration Act R.S.P.E.I. 1988, Cap. F-9, Council ordered that a Special Warrant do issue authorizing a supplementary payment out of the Operating Fund (Capital) for the Department of Economic Growth, Tourism and Culture as follows: Account Class Account Name Amount 1130-5026 Provincial Parks $443,800.001131-5006 Golf Courses $12,000,00 Total $455,800.00 Further, Council noted that $46,413.00 of this amount will be partially offset by revenue.

EC2021-587

ISLAND INVESTMENT DEVELOPMENT ACT FINANCIAL ASSISTANCE REGULATIONS

SUMMERSIDE REGIONAL DEVELOPMENT CORPORATION LTD. AUTHORIZATION

Pursuant to subsection 2(3) of the Island Investment Development Act Financial Assistance Regulations (EC2005-686), Council authorized Island Investment Development Inc. to renew a five-year term loan of six million, nine hundred and eighteen thousand dollars ($6,918,000.00) to Summerside Regional Development Corporation Ltd., subject to terms and conditions acceptable to the Board of Directors of Island Investment Development Inc. Order-in-Council EC2016-186 dated April 5, 2016 is hereby rescinded.

EC2021-588

PRINCE EDWARD ISLAND LANDS PROTECTION ACT

PETITION TO ACQUIRE A LAND HOLDING 101359 P.E.I. INC.

(APPROVAL) Pursuant to section 5 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to 101359 P.E.I. Inc. of Summerside, Prince Edward Island to acquire a land holding of approximately four decimal eight two (4.82) acres of land at Summerside, Lot 17, Prince County, Province of Prince Edward Island, being acquired from Kensington Truck and Tractor Limited of Summerside, Prince Edward Island.


EC2021-589



(APPROVAL) Pursuant to section 5 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to 102569 P.E.I. Inc. of Elliotvale, Prince Edward Island to acquire a land holding of approximately zero decimal three seven (0.37) of an acre of land at Mount Herbert, Lot 48, Queens County, Province of Prince Edward Island, being acquired from R & G Masonry Ltd. of Mount Herbert, Prince Edward Island.

EC2021-590



(APPROVAL) Pursuant to section 5 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to 102569 P.E.I. Inc. of Elliotvale, Prince Edward Island to acquire a land holding of approximately four decimal five five (4.55) acres of land at Mount Herbert, Lot 48, Queens County, Province of Prince Edward Island, being acquired from Krista Dawn Gill of Mount Herbert, Prince Edward Island.

EC2021-591


PETITION TO ACQUIRE A LAND HOLDING ATLANTIC BIOHEAT INC.

(APPROVAL) Pursuant to section 5 and section 9 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Atlantic Bioheat Inc. of Wellington, Prince Edward Island to acquire a land holding of approximately fifty (50) acres of land at Wellington, Lot 16, Prince County, Province of Prince Edward Island, being acquired from Joyce Gaudet of Charlottetown, Prince Edward Island SUBJECT TO the condition that the said real property not be subdivided. The condition preventing subdivision shall be binding on the said Atlantic Bioheat Inc. and on all successors in title.


EC2021-592


PETITION TO ACQUIRE A LAND HOLDING BREAKWATER DEVELOPMENTS INC.

(APPROVAL) Pursuant to section 5 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Breakwater Developments Inc. of Souris, Prince Edward Island to acquire a land holding of approximately twelve decimal seven three (12.73) acres of land at Charlottetown, Queens County, Province of Prince Edward Island, being acquired from Joyce E. MacLeod and Norma M. Ashley, both of Charlottetown, Prince Edward Island.

EC2021-593


PETITION TO ACQUIRE A LAND HOLDING CALIMBRA FARMS LTD.

(APPROVAL) Pursuant to section 5 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Calimbra Farms Ltd. of New Argyle, Prince Edward Island to acquire a land holding of approximately one decimal zero seven (1.07) acres of land at New Argyle, Lot 65, Queens County, Province of Prince Edward Island, being acquired from Jason Alexander MacKenzie and Lorna Meagan MacKenzie, both of New Argyle, Prince Edward Island.

EC2021-594


PETITION TO ACQUIRE A LAND HOLDING H & H HOLSTEINS LTD.

(APPROVAL) Pursuant to section 5 and section 9 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to H & H Holsteins Ltd. of Fredericton, Prince Edward Island to acquire a land holding of approximately one hundred and ninety-eight decimal six three (198.63) acres of land at Fredericton, Lots 21 and 67, Queens County, Province of Prince Edward Island, being acquired from Weekstown Holsteins Inc. of Hunter River, Prince Edward Island PROVIDED THAT the said real property is identified for non-development use pursuant to the Land Identification Regulations (EC606/95) made under the said Act.


EC2021-595


PETITION TO ACQUIRE A LAND HOLDING NORTHERN ENTERPRISES LIMITED

(APPROVAL) Pursuant to section 5 and section 9 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Northern Enterprises Limited of Norway, Prince Edward Island to acquire a land holding of approximately sixty-seven decimal four three (67.43) acres of land at Kildare Capes, Lot 3, Prince County, Province of Prince Edward Island, being acquired from Peter Handrahan and Colleen Handrahan, both of Tignish, Prince Edward Island PROVIDED THAT the said real property is identified for non-development use pursuant to the Land Identification Regulations (EC606/95) made under the said Act.

EC2021-596


PETITION TO ACQUIRE A LAND HOLDING RASPBERRY POINT OYSTER CO. INC.

(APPROVAL) Pursuant to section 5 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Raspberry Point Oyster Co. Inc. of Charlottetown, Prince Edward Island to acquire a land holding of approximately two decimal five (2.5) acres of land at Wheatley River, Lot 24, Queens County, Province of Prince Edward Island, being acquired from Ian Doiron and Angela Doiron, both of Calgary, Alberta.

EC2021-597


PETITION TO ACQUIRE A LAND HOLDING SUNNYSIDE FARMS INC.

(APPROVAL) Pursuant to section 5 and section 9 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Sunnyside Farms Inc. of Richmond, Prince Edward Island to acquire a land holding of approximately two decimal eight (2.8) acres of land at Maximeville, Lot 15, Prince County, Province of Prince Edward Island, being acquired from Paul John Gallant of Summerside, Prince Edward Island PROVIDED THAT the said real property is identified for non-development use pursuant to the Land Identification Regulations (EC606/95) made under the said Act.


EC2021-598


APPLICATION TO LEASE LAND MACSWAIN HOLDINGS INC.

(TO RESCIND) Council, having under consideration Order-in-Council EC2013-660 of September 17, 2013, rescinded the said Order forthwith, thus rescinding permission for MacSwain Holdings Inc. of Morell, Prince Edward Island to acquire, by lease, an interest in a land holding or land holdings of up to seven hundred eighty (780) acres of land as part of the said corporation’s aggregate land holdings.

EC2021-599


PETITION TO ACQUIRE A LAND HOLDING SHAWN BELLMAN AND HEATHER SHERIDAN BELLMAN

(APPROVAL) Pursuant to section 4 and section 9 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Shawn Bellman and Heather Sheridan Bellman of Manotick, Ontario to acquire a land holding of approximately two decimal five (2.5) acres of land at Park Corner, Lot 21, Queens County, Province of Prince Edward Island, being acquired from Graham Shannon, Janet Shannon and Faith Shannon all of Manotick, Ontario PROVIDED THAT the said real property is identified for non-development use pursuant to the Land Identification Regulations (EC606/95) made under the said Act.

EC2021-600


PETITION TO ACQUIRE A LAND HOLDING JONATHAN EEUWES

(APPROVAL) Pursuant to section 4 and section 9 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Jonathan Eeuwes of Willow Beach, Ontario to acquire a land holding of approximately twenty-six decimal five (26.5) acres of land at Pembroke, Lot 63, Kings County, Province of Prince Edward Island, being acquired from Brian McMaster and Lorna McMaster, both of Pembroke, Prince Edward Island PROVIDED THAT the said real property is identified for non-development use pursuant to the Land Identification Regulations (EC606/95) made under the said Act.


EC2021-601


PETITION TO ACQUIRE A LAND HOLDING RONALD J. O’BRECHT

(APPROVAL) Pursuant to section 4 and section 9 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Ronald J. O’Brecht of Warren Grove, Prince Edward Island to acquire a land holding of approximately twenty-five (25) acres of land at St. Charles, Lot 43, Kings County, Province of Prince Edward Island, being acquired from Brendon McKenna of Brackley, Prince Edward Island PROVIDED THAT the said real property is identified for non-development use pursuant to the Land Identification Regulations (EC606/95) made under the said Act.

EC2021-602


PETITION TO ACQUIRE A LAND HOLDING JULIAN SPEARS AND ROCHELLE ANNE SPEARS

(DENIAL) Council, having under consideration an application (#6172) for acquisition of a land holding under authority of section 4 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap L-5, denied permission to Julian Spears and Rochelle Anne Spears both of King Township, Ontario to acquire a land holding of approximately twenty-five decimal three (25.3) acres of land at Priest Pond, Lot 46, Kings County, currently owned by Loma MacPhee of Priest Pond, Prince Edward Island.

EC2021-603


PETITION TO ACQUIRE A LAND HOLDING KYLE WATERFALL AND NICOLE WATERFALL

(APPROVAL) Pursuant to section 4 of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Kyle Waterfall and Nicole Waterfall, both of Tillsonburg, Ontario to acquire a land holding of approximately thirty-eight (38) acres of land at South Lake, Lot 47, Kings County, Province of Prince Edward Island, being acquired from James Cheverie and Steve Cheverie, both of Souris, Prince Edward Island.


EC2021-604


PROPERTY NO. 891333, LOT 50, QUEENS COUNTY IDENTIFICATION FOR NON-DEVELOPMENT USE

AMENDMENT Pursuant to subsection 9(2) of the Prince Edward Island Lands Protection Act R.S.P.E.I. 1988, Cap. L-5, Council amended the condition of non-development use made pursuant to section 2 of the Land Identification Regulations (EC606/95) in respect of approximately forty-four decimal two four (44.24) acres of land, being Provincial Property No. 891333 located at Alberry Plains, Lot 50, Queens County, Prince Edward Island and currently owned by Robert D. MacLeod of Vernon Bridge, Prince Edward Island. Council noted that this amendment will enable subdivision of a parcel of land of approximately one decimal two five (1.25) acres for residential use SUBJECT TO the subdivided parcel being consolidated with the adjacent Provincial Property No. 608042 concurrently at the time of the subdivision. Further, Council determined that following subdivision, identification for non-development use shall apply be retained on the remainder of Provincial Parcel No. 891333, consisting of two new lots. This Order-in-Council comes into force on July 13, 2021.

EC2021-605

PLANNING ACT SUBDIVISION AND DEVELOPMENT REGULATIONS

AMENDMENT

Pursuant to sections 8 and 8.1 of the Planning Act R.S.P.E.I. 1988, Cap. P-8, Council made the following regulations:

1. Appendix A to the Planning Act Subdivision and Development Regulations (EC693/00) is amended by the deletion of Map No. 8 and the substitution of Map No. 8 as set out in the Schedule to these regulations, showing the boundaries of the Stratford Region Special Planning Area.


SCHEDULE

APPENDIX A MAP #8 - STRATFORD REGION SPECIAL PLANNING AREA


EXPLANATORY NOTES SECTION 1 amends the Subdivision and Development Regulations (EC693/00) by deleting the current Map No. 8, which shows the former boundaries of the Stratford Region Special Planning Area, and substituting a new Map No. 8 which shows the new boundaries of the Stratford Region Special Planning Area. The changes in the boundaries are in consequence of the municipal restructuring of the Town of Stratford, pursuant to Order in Council EC2021-342. SECTION 2 provides for the commencement of these regulations.

EC2021-606

PUBLIC SECTOR PENSION PLAN ACT DIVISION OF BENEFITS AND SEPARATE

PENSION REGULATIONS AMENDMENT

Pursuant to section 28 of the Public Sector Pension Plan Act R.S.P.E.I. 1988, Cap. P-32.11, Council made the following regulations:

1. The enacting clause to the Public Sector Pension Plan Act Division of Benefits and Separate Pension Regulations (EC104/16) is revoked and the following substituted:


2. Subsection 1(1) of the regulations is amended by the deletion of the words “Civil Service Superannuation Act R.S.P.E.I. 1988, Cap. C-9” and the substitution of the words “Public Sector Pension Plan Act R.S.P.E.I. 1988, Cap. P-32.11”.

3. Clause 5(b) of the regulations is amended by the deletion of the word “Fund” and the substitution of the word “Plan”.


EXPLANATORY NOTES

SECTION 1 revokes the enacting clause of the Division of Benefits and Separate Pension Regulations and substitutes a new enacting clause with the new name of the Act. SECTION 2 amends subsection 1(1) of the regulations to substitute the new name and citation of the Act for the former name and citation.


SECTION 3 amends clause 5(b) of the regulations to substitute the new term “Plan” for the former term “Fund”. SECTION 4 provides for the commencement of these regulations.

EC2021-607

PUBLIC SECTOR PENSION PLAN ACT ELIGIBLE PRIOR EMPLOYMENT REGULATIONS

AMENDMENT


1. The enacting clause to the Public Sector Pension Plan Act Eligible Prior Employment Regulations (EC87/18) is revoked and the following substituted:


2. Section 1 of the regulations is amended

(a) in clause (a), by the deletion of the words “Civil Service Superannuation Act R.S.P.E.I. 1988, Cap. C-9” and the substitution of the words “Public Sector Pension Plan Act R.S.P.E.I. 1988, Cap. P-32.11”; and

(b) in clause (b), by the deletion of the word “Fund” wherever it occurs and the substitution of the word “Plan”.

3. Section 2 of the regulations is amended by the deletion of the word “Fund” and the substitution of the word “Plan”.

4 (1) Subsection 3(1) of the regulations is amended by the deletion of the word “Fund” wherever it occurs and the substitution of the word “Plan”.

(2) Subsections 3(2) and (4) of the regulations are amended by the deletion of the word “Fund” and the substitution of the word “Plan”.


EXPLANATORY NOTES

SECTION 1 revokes the enacting clause of the Eligible Prior Employment Regulations and substitutes a new enacting clause with the new name of the Act. SECTION 2 amends clause 1(a) of the regulations to substitute the new name and citation of the Act for the former name and citation. It also amends clause 1(b) of the regulations to substitute the new term “Plan” for the former term “Fund” wherever it occurs. SECTION 3 amends section 2 of the regulations to substitute the new term “Plan” for the former term “Fund”. SECTION 4 amends section 3 of the regulations to substitute the new term “Plan” for the former term “Fund” wherever it occurs. SECTION 5 provides for the commencement of these regulations.


EC2021-608

PUBLIC SECTOR PENSION PLAN ACT GENERAL REGULATIONS

AMENDMENT


1. The enacting clause to the Public Sector Pension Plan Act General Regulations (EC85/18) is revoked and the following substituted:


2. Section 1 of the regulations is amended by the deletion of the words “Civil Service Superannuation Act R.S.P.E.I. 1988, Cap. C-9” and the substitution of the words “Public Sector Pension Plan Act R.S.P.E.I. 1988, Cap. P-32.11”.

3. Subsections 2(1) and (2) of the regulations are amended by the deletion of the word “Fund” wherever it occurs and the substitution of the word “Plan”.

4. Subsection 4(2) of the regulations is amended by the deletion of the word “Fund” and the substitution of the word “Plan”.


EXPLANATORY NOTES

SECTION 1 revokes the enacting clause of the General Regulations and substitutes a new enacting clause with the new name of the Act. SECTION 2 amends section 1 of the regulations to substitute the new name and citation of the Act for the former name and citation. SECTION 3 amends subsections 2(1) and (2) of the regulations to substitute the new term “Plan” for the former term “Fund” wherever it occurs. SECTION 4 amends subsection 4(2) of the regulations to substitute the new term “Plan” for the former term “Fund”. SECTION 5 provides for the commencement of these regulations.

EC2021-609

SUMMARY PROCEEDINGS ACT TICKET REGULATIONS

AMENDMENT

Pursuant to subsection 10(3) of the Summary Proceedings Act R.S.P.E.I. 1988, Cap. S-9, Council made the following regulations:

1. (1) Schedule 2 to the Summary Proceedings Act Ticket Regulations (EC58/08) is amended by the revocation of Part 14, Part 21 and Part 23.

(2) Schedule 2 to the regulations is amended by the addition of the following after Part 50:


PART 50.1

WATER ACT R.S.P.E.I. 1988, Cap. W-1.1

Item Number

Column IOffence

Column IISection

Column III Penalty for out of court settlement

1 Commencing activity, matter or thing without required approval .............................................................................

6(1)

$1,000 (individual) 10,000 (corporation)

2 Continuing activity, matter or thing without required approval ............................................................................................

6(2)

1,000 (individual) 10,000 (corporation)

3 Approval holder failing to submit new and relevant information on adverse effect arising or potentially arising from activity, matter or thing……………………………..

13

1,000 (individual)

10,000 (corporation)4 Engaging in hydraulic fracturing to explore for or obtain oil

or natural gas……………………………………………..

19 1,000 (individual)

10,000 (corporation)5 Discharging or causing or permitting contaminant to be

discharged..………………………………………………..

20(a) 1,000 (individual)

10,000 (corporation)6 Owner or person having control of contaminant, discharging

or causing or permitting a contaminant to be discharged....

20(b) 1,000 (individual)

10,000 (corporation)7 Failing to notify Department of discharge of contaminant into

the environment without permission............

21(1)(a)1,000 (individual)

10,000 (corporation)8 Failing to take action directed by Minister respecting

discharged contaminant .....................................................

21(1)(b)1,000 (individual)

10,000 (corporation)9 Withdrawing water from well, watercourse or wetland

contrary to Act or regulations……………………………..


10,000 (corporation)10 Withdrawing water from well, watercourse or wetland at rate

exceeding 25 m3/day without water withdrawal permit….


10,000 (corporation)11 Withdrawing, storing, using or transporting water from well,

watercourse or wetland for removal from province……….

41(1) 1,000 (individual)

10,000 (corporation)12 Discharging or causing or permitting the discharge of

wastewater without permission……………………………


10,000 (corporation)13 Establishing or modifying a water supply system or

wastewater treatment system without permission………..


10,000 (corporation)14 Person responsible failing to operate and maintain water

supply system or wastewater treatment system per Part VI of Act and regulations……………………………………..

44

1,000 (individual)

10,000 (corporation)15 Drilling, constructing, reconstructing or decommissioning

well without permission………………………………….


10,000 (corporation)16 Person responsible for geothermal well causing or permitting

operation of well contrary to regulations………………….


10,000 (corporation)17 Person responsible for well that has not been

decommissioned causing or permitting well to be abandoned…………………………………………………

50(a)

1,000 (individual)

10,000 (corporation)18 Person responsible for well that has not been

decommissioned permitting well to be in state of abandonment………………………………………………

50(b)

1,000 (individual)

10,000 (corporation)19 Installing, reconstructing, modifying or decommissioning

sewage disposal system without valid septic contractor’s licence……………………………………………………..

51

1,000 (individual)

10,000 (corporation)20 Person responsible for sewage disposal system that has not

been decommissioned causing or permitting system to be abandoned…………………………………………………

52(a)

1,000 (individual)

10,000 (corporation)21 Person responsible for sewage disposal system that has not

been decommissioned permitting system to be in state of abandonment………………………………………………

52(b)

1,000 (individual)

10,000 (corporation)22 Failing to provide reasonable assistance or information

requested by Minister or environment officer .....................


10,000 (corporation)23 Employer taking adverse employment action against an

employee who provided information in good faith about contravention……………………………………………...

70(4)

1,000 (individual)

10,000 (corporation)24 Interfering with, taking or directing a reprisal against or

harassing a person who provides information about contravention……………………………………………..

70(5)

1,000 (individual)

10,000 (corporation)25 Giving false or misleading information in an application,

report, statement or any other document submitted under Act or regulations ................................................................

71

1,000 (individual)

10,000 (corporation)26 Failing to comply with any term, condition or provision of

any order, direction or approval issued under this Act or the regulations .....................................................................

73

1,000 (individual)

10,000 (corporation)27 Person responsible failing to facilitate access to and

inspection of activity, matter or thing…………………….


10,000 (corporation)


PART 50.2

WATER ACT Sewage Disposal Systems Regulations

(EC504/21)

Item Number

Column IOffence

Column IISection


1 Septic contractor failing to ensure requirements of Schedule are met in installation, reconstruction or modification of sewage disposal system……………………………………

2(2)


2 Conducting site suitability assessment without valid site assessor’s licence………………………………………….

4(1)


3 Undertaking the cleaning of sewage disposal system or disposing of septage or unstabilized sewage without valid pumper’s licence…………………………………………..

6(1)


4 Person who completes site suitability assessment failing to complete and file site suitability assessment form………..

7(2)


5 Septic contractor failing to determine system specifications as per Schedule and complete and file sewage disposal system registration form…………………………………..

7(3)


6 Septic contractor failing to notify Minister of alterations in system specifications………………………………………

7(4)


7 Person who completes site suitability assessment failing to complete and provide site suitability assessment form to design engineer……………………………………………

8(3)


8 Design engineer failing to confirm the contents of and file site suitability assessment form………………………………..

8(4)(a)


9 Design engineer failing to complete sewage disposal system registration form and file it and the design plan…………..

8(4)(b)


10 Septic contractor installing sewage disposal system without site suitability assessment………………………………….

10(a)


11 Septic contractor installing sewage disposal system without ensuring required registration forms are filed at least 24 hours before……………………………………………….

10(b)(i)


12 Septic contractor installing sewage disposal system without giving at least 24-hours’ notice to Minister………………..

10(b) (ii)


13 Septic contractor reconstructing or modifying sewage disposal system without completing and filing sewage disposal system registration form at least 24 hours before..

11(a) 1,000 (individual) 10,000 (corporation)

14 Septic contractor reconstructing or modifying sewage disposal system without giving at least 24-hours’ notice to Minister……………………………………………………

11(b)


15 Septic contractor failing to ensure septic contractor or installer on site during installation, reconstruction or modification of sewage disposal system…………………

13


16 Septic contractor failing to provide certificate of compliance to person responsible for site and Minister..........................

14(1)


17 Design engineer failing to provide certificate of compliance to person responsible for site and Minister..........................

14(2)


18 Pumper failing to create and maintain record in the required form and containing the required information…………….

15(1)


19 Pumper failing to failing to enter information in record immediately after removing septage………………………

15(2)


20 Pumper failing to submit annual report as required…………. 15(3) 1,000 (individual) 10,000 (corporation)

21 Pumper failing to retain record for 3 years…………………. 15(4)(a) 1,000 (individual) 10,000 (corporation)

22 Pumper failing to make record available to environment officer……………………………………………………..

15(4)(b)


23 Pumper placing septage in holding site without approval of Minister…………………………………………………....

16(1)


24 Pumper disposing of unstabilized sewage or septage at any place other than a wastewater treatment system approved by the Minister..……...........................................................

16(2)


25 Person responsible failing to ensure sewage disposal system is decommissioned by septic contractor within 30 days of abandonment………………………………………………

17(2)


26 Septic contractor decommissioning sewage disposal system in a manner other than required manner…………………..

17(3)


27 Septic contractor failing to notify Minister in writing within 60 days of decommissioning………………………………

17(4)



PART 50.3

WATER ACT Water Supply System and Wastewater Treatment System Regulations

(EC505/21)

Item Number

Column I Offence

Column IISection

Column III Penalty for out of

court settlement1 Constructing or modifying a facility without a permit…. 2(1) $1,000 (individual)

10,000 (corporation)2 Failing to submit record drawings within 180 days of

substantial completion of facility................................

2(5)(a) 1,000 (individual)

10,000 (corporation)3 Failing to submit letter of substantial completion within

30 days of substantial completion of facility ..............

2(5)(b) 1,000 (individual)

10,000 (corporation)4 Removing, storing or disposing of sludge from a

wastewater treatment facility without a permit……...

4(1)(a) 1,000 (individual)

10,000 (corporation)5 Undertaking activities that may cause below standard

water quality or effluent quality without a permit….

4(1)(b) 1,000 (individual)

10,000 (corporation)6 Operating a facility without a licence………………….. 5(1) 1,000 (individual)

10,000 (corporation)7 Failing to designate an operator-in-charge and provide

name and contact information to Minister………….


10,000 (corporation)8 Failing to designate alternate operator-in-charge and

provide name and contact information to Minister….


10,000 (corporation)9 Failing to assess and submit report signed by engineer

on status of municipal system every five years……..


10,000 (corporation)10 Failing to have engineer assess status of non-municipal

system as required by Minister…………………….


10,000 (corporation)11 Failing to have engineer assess performance or safety

of system or facility on request of Minister…………


10,000 (corporation)12 Failure to submit plan within required time to address

issues identified in assessment………………………


10,000 (corporation)13 Installing a water treatment device or using a water

treatment additive not certified to standards……….


10,000 (corporation)14 Failing to achieve required reduction of viruses by

primary disinfection of very small or small water distribution facility prior to first distribution……….

10(3)


15 Failing to achieve required reduction of viruses by primary disinfection of Class I, II, III or IV water distribution facility prior to first distribution……….

10(4)


16 Operating a Class I, II, III or IV water distribution facility that does not maintain a free chlorine residual in the required range……………………….

10(7)


17 Failing to develop and submit plan to meet treatment requirements as directed…………………………….

10(9)


18 Failing to ensure water quality sampling requirements for semi-public drinking water supply are met……...

13


19 Failing to ensure water quality sampling requirements for very small water distribution facility are met……

14(1)


20 Failing to ensure water quality sampling requirements for small water distribution facility are met……........

14(2)


21 Failing to ensure water quality sampling requirements for Class I, II, III or IV water distribution facility are met…………………………………………………..

15


22 Failing to ensure water quality sampling requirements for seasonal semi-public drinking water supply are met…….......................................................................

16(1)


23 Failing to ensure water quality sampling requirements for seasonal, very small or small water distribution facility are met………………………………………

16(2)


24 Failing to ensure water quality samples from water supply system or semi-public drinking water supply are analysed by accredited laboratory………………

17(1)


25 Failing to submit results of analysis of water quality samples by laboratory other than PEI Analytical Laboratories to Minister within 5 business days.........

17 (2)


26 Failing to notify Minister immediately of results of analysis of water quality samples by laboratory other than PEI Analytical Laboratories indicating E. coli…

17(3)


27 Failing to report summary of results of water quality analyses to customers and Minister at least once per year………………………………………………….

18(1)


28 Failing to ensure record of water quality analyses maintained for at least five years……………………

18(2)


29 Failing to submit results of analyses of water samples collected from a source of supply or water distribution facility to Minister………………………

18(3)


30 Failing to report a specified system failure to the Minister within specified time………………………

19


31 Failing to ensure effluent flow is measured using required device and recorded daily…………………

20(1)


32 Failure to maintain flow measuring device as recommended by manufacturer……………………..

20(2)



33 Discharging or permitting the discharge of effluent of a specified quality…………………………………….

22(1)


34 Bypassing a portion or all of wastewater treatment process without a permit…………………………….

24(1)


35 Failing to ensure samples of treated wastewater are collected and analysed as required..............................

25(1), (2), (3), (4)


36 Failing to ensure acute lethality testing is completed as required………………………………………………

25(5)


37 Failing to submit report to Minister respecting cause and remedy of acutely lethal effluent……………….

25(6)


38 Failing to ensure wastewater quality samples are analysed by an accredited laboratory .........................

27(1)


39 Failing to submit results of analysis from laboratory other than PEI Analytical Laboratories .....................

27(2)


40 Failing to report results of effluent analyses to customers and Minister at least once per year ...........

28(1)


41 Failing to ensure record of effluent analyses maintained for at least five years………………………………

28(2)


42 Failing to ensure results of effluent analyses or wastewater flow measurements are made available to environment officer………………………………….

29(2)


43 Failing to ensure results of effluent analyses or wastewater flow measurements are submitted to and recorded by the ERRIS within 14 days……………..

29(3)


44 Failing to ensure discharge of effluent at rates or volumes exceeding allowable limits or that fails to meet quality standards is reported to Minister………

29(4)


PART 50.4

WATER ACT Water Withdrawal Regulations

(EC506/21)

Item Number

Column I Offence

Column IISection


1 Failing to ensure data, reports, etc., are submitted to the Minister within 30 days of completion of activity under groundwater exploration permit………………

2(10)


2 Withdrawing water from well, watercourse or wetland for water supply system without a water withdrawal permit……………………………………………….

3

1,000 (individual)

10,000 (corporation)3 Withdrawing water at a rate, in an amount or for a

purpose not authorized by water withdrawal permit...6(2) 1,000 (individual)

10,000 (corporation)4 Failing to provide data from measuring device or about

calibration of device, as required by Minister………7 1,000 (individual)

10,000 (corporation)

PART 50.5

WATER ACT Well Construction Regulations

(EC507/21)

Item Number

Column I Offence

Column IISection


1 Failing to ensure that drilling, construction or reconstruction of well is overseen by well contractor

6(1)


2 Failing to ensure that drilling, construction or reconstruction of well is conducted by or under the direct supervision of well driller……………………

6(2)

1,000 (individual)

10,000 (corporation)3 Failing to ensure that drilling, construction or

reconstruction of well is conducted in accordance with requirements and standards……………………

6(3)

1,000 (individual)

10,000 (corporation)4 Failing to complete well construction report and provide

to owner and Minister as required…………………. 7


5 Failing to install pumping equipment in a well in accordance with requirements and standards……….

15(1)


6 Failing to ensure unused well is decommissioned by a well contractor, well driller or plumber…………….

15(3)


7 Failing to decommission well using applicable method.. 16(4) $1,000 (individual) 10,000 (corporation)



EXPLANATORY NOTES

SECTION 1 sets out the ticket penalties for specified offences under the Water Act and regulations and revokes ticket penalties for offences under regulations that have been revoked under the Environmental Protection Act. SECTION 2 provides for the commencement of these regulations.

424 executive council 13 july 2021

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