Land Holdings Disclosure Act

CHAPTER 248

OF THE

REVISED STATUTES, 1989

amended 1998, c. 18, s. 564; 2001, c. 6, s. 111

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An Act to Provide for the
Disclosure of Land Holdings by
Non-residents and Certain Corporations

Short title

1 This Act may be cited as the Land Holdings Disclosure Act. R.S., c. 248, s. 1.

INTERPRETATION

Interpretation

2 In this Act,

(a) "disclosure" statement means a disclosure statement under this Act;

(b) "document of conveyance" means any instrument by which a land holding is or may be acquired and includes a trust document but does not include a will or testamentary document;

(c) "land holding" includes land and any interest in land but does not include land or an interest in land held by way of security for a debt or other obligation;

(d) "Minister" means the Minister of Lands and Forests;

(e) "non-resident" means an individual who is not a permanent resident of the Province and includes a person who acquires or acquired a land holding for or on behalf of an individual who is not or was not a permanent resident of the Province;

(f) "Registrar" means the Registrar of Land Holdings. R.S., c. 248, s. 2.

APPLICATION

Act does not apply

3 This Act shall not apply to a land holding that is within the boundaries of a city, town or that area of a regional municipality that was a city or town immediately prior to the incorporation of the regional municipality. R.S., c. 248, s. 3; 1998, c. 18, s. 564.

Land Registration Act

3A This Act does not apply to a parcel registered pursuant to the Land Registration Act. 2001, c. 6, s. 111.

ADMINISTRATION

Registrar of Land Holdings and staff

4 (1) The Governor in Council may appoint a person in the public service to be Registrar of Land Holdings.

(2) To assist the Registrar in performing his functions there may be appointed in accordance with the Civil Service Act such inspectors, surveyors, clerks and other persons as are necessary. R.S., c. 248, s. 4.

Register and other records

5 (1) The Registrar shall keep and maintain a register in which he shall record all disclosure statements delivered to him under this Act and which shall be open to inspection by persons authorized by the Minister.

(2) The Registrar shall keep and maintain such other records and perform other functions as directed by the Minister.

(3) The Registrar shall report from time to time to the Minister. R.S., c. 248, s. 5.

NON-RESIDENTS

Disclosure of acquisition of land by non-resident

6 (1) Every non-resident who acquires a land holding in the Province shall immediately upon completion or operation of the document of conveyance deliver to the Registrar a disclosure statement.

(2) Every non-resident who wilfully fails to comply with subsection (1) shall be guilty of an offence and liable on summary conviction to a penalty not exceeding one thousand dollars. R.S., c. 248, s. 6.

CORPORATIONS

Disclosure of acquisition by corporation

7 (1) Every corporation that acquires a land holding in the Province shall immediately upon a completion or operation of the document of conveyance have delivered to the Registrar a disclosure statement.

(2) Every corporation that fails to comply with subsection (1) shall be guilty of an offence and liable on summary conviction to a penalty not exceeding one thousand dollars.

(3) This Section shall not apply to a corporation that

(a) is incorporated by or under any Act of the Legislature;

(b) holds a certificate of registration issued under the Corporations Registration Act; or

(c) actually carries on its business and has erected an office, plant, factory or other structure on the land holding. R.S., c. 248, s. 7.

DISCLOSURE STATEMENT

Contents of disclosure statement

8 (1) The disclosure statement required by the Act shall be in writing and in a form prescribed by the Minister and shall include

(a) the full and proper name and address of the non-resident or corporation;

(b) the description of the land holding that is contained in the document of conveyance;

(c) the purpose for which the land holding was acquired; and

(d) such other information as the Minister prescribes.

(2) If the description of the land holding included in a disclosure statement is not sufficient to identify it, the Registrar may require additional information in respect of the land holding. R.S., c. 248, s. 8.

PROSECUTIONS

Certificate as evidence

9 In any prosecution under this Act, a certificate purporting to be signed by the Registrar or the Minister certifying that the non-resident or corporation has not delivered a disclosure statement shall be received in evidence without proof of the signature or the official character of the person who appears to have signed the certificate and shall be prima facie proof of the fact stated. R.S., c. 248, s. 9.

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