EXECUTIVE COUNCIL 9 MAY 2006 EC ELECTION ACT DEPUTY CHIEF ELECTORAL OFFICER APPOINTMENT LOWELL CROKEN (TO RESCIND)

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1 188 EC ELECTION ACT DEPUTY CHIEF ELECTORAL OFFICER APPOINTMENT LOWELL CROKEN (TO RESCIND) Council, having under consideration Order-in-Council EC376/96 of 6 June 1996, rescinded the said Order, thus rescinding the appointment of Lowell Croken as Deputy Chief Electoral Officer effective 9 May EC ELECTION ACT CHIEF ELECTORAL OFFICER APPOINTMENT Pursuant to subsection 2(1) of the Election Act R.S.P.E.I. 1988, Cap. E-1.1, Council appointed Lowell Croken to serve at pleasure as Chief Electoral Officer, effective 9 May Order-in-Council EC of 3 May 2005 is hereby rescinded. EC ELECTION ACT DEPUTY CHIEF ELECTORAL OFFICER APPOINTMENT Pursuant to subsection 2(4) of the Election Act, R.S.P.E.I. 1988, Cap. E-1.1, Council appointed Norma Palmer to serve at pleasure as Deputy Chief Electoral Officer, effective 9 May EC ELECTRIC POWER ACT CITY OF SUMMERSIDE ELECTRIC UTILITY ANNUAL ASSESSMENT DETERMINED Pursuant to clause 46(2)(a) of the Electric Power Act R.S.P.E.I. 1988, Cap. E- 4, Council determined the assessment to be paid by the City of Summerside Electric Utility to the Island Regulatory and Appeals Commission for the fiscal year to be twenty thousand dollars ($20,000.00).

2 189 EC JOSH KEITH ALTON 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 Josh Keith Alton of Waterloo, Ontario to acquire a land holding of approximately fifteen decimal five eight (15.58) acres of land in Lot 4, Prince County, Province of Prince Edward Island, being acquired from Vincent J. Hagan of Campbellton, 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. EC KEVIN CONNORS, ALAN MINTZ AND GREGORY HANLEY 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 Kevin Connors of Fairfield, Connecticut; Alan Mintz of Short Hills, Connecticut; and Gregory Hanley of Stamford, Connecticut to acquire an interest in a land holding of approximately sixty (60) acres of land in Lot 32, Queens County, Province of Prince Edward Island, being acquired from the Estate of Robert Alastair Borden of Halifax, Nova Scotia. EC KEVIN CONNORS, ALAN MINTZ AND GREGORY HANLEY 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 Kevin Connors of Fairfield, Connecticut; Alan Mintz of Short Hills, Connecticut; and Gregory Hanley of Stamford, Connecticut to acquire an interest in a land holding of approximately seventy-six (76) acres of land in Lot 32, Queens County, Province of Prince Edward Island, being acquired from the Estate of Robert Alastair Borden of Halifax, Nova Scotia.

3 190 EC KEVIN CONNORS, ALAN MINTZ AND GREGORY HANLEY 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 Kevin Connors of Fairfield, Connecticut; Alan Mintz of Short Hills, Connecticut; and Gregory Hanley of Stamford, Connecticut to acquire an interest in a land holding of approximately eight decimal five (8.5) acres of land in Lot 32, Queens County, Province of Prince Edward Island, being acquired from the Estate of Robert Alastair Borden of Halifax, Nova Scotia. EC IAN MACPHERSON AND AUDREY SHILLABEER 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 Ian MacPherson and Audrey Shillabeer, both of Ma-me-o Beach, Alberta to acquire a land holding of approximately fifteen (15) acres of land in Lot 58, Queens County, Province of Prince Edward Island, being acquired from Donald P. MacDonald and Doris MacDonald, both of Mount Buchanan, 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. EC LIANE MARGARET MAIR 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 Liane Margaret Mair of Englewood, Colorado to acquire a land holding of approximately zero decimal six three (0.63) acres of land in Lot 29, Queens County, Province of Prince Edward Island, being acquired from Judy MacKay (formerly Taccogna ) and Stephanie Taccogna, both of Mississauga, Ontario.

4 191 EC WILLIAM AVARD MOFFATT 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 William Avard Moffatt of Kitchener, Ontario to acquire a land holding of approximately five (5) acres of land in Lot 23, Queens County, Province of Prince Edward Island, being acquired from William Nicholson and Thelma Nicholson, both of New Glasgow, 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. EC PROPERTY NO , LOT 64, KINGS COUNTY IDENTIFICATION FOR NON-DEVELOPMENT USE AMENDMENT (TO RESCIND) Council, having under consideration Order-in-Council EC of 20 February 2001, rescinded the said Order forthwith, thus rescinding authorization to amend the land identification agreement in respect of Provincial Property No , located in Lot 64, Kings County. EC ERIC RUPERT AND NORA RUPERT 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 Eric Rupert and Nora Rupert, both of Coconut Creek, Florida to acquire a land holding of approximately thirty-two decimal three nine (32.39) acres of land in Lot 64, Kings County, Province of Prince Edward Island, being acquired from Arthur Stuart, Stacy Lynn Newman and Kathy A. Flaherty, all of Barrington, Rhode Island. Further, Council noted that the said land holding, being Provincial Property No , was previously identified for non-development use in accordance with section 2 of the Land Identification Regulations (EC606/95) made under the said Act. Identification continues to apply.

5 192 EC CHARLES SCOTT 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 Charles Scott of New Port Richey, Florida to acquire an interest in a land holding of approximately three decimal two seven (3.27) acres of land in Lot 22, Queens County, Province of Prince Edward Island, being acquired from Sharon (MacDonald) Scott of New Port Richey, Florida. EC FRAZER L. SMITH AND HELEN E. SMITH 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 Frazer L. Smith and Helen E. Smith, both of Wembley, Alberta to acquire a land holding of approximately zero decimal eight eight (0.88) acres of land in Lot 65, Queens County, Province of Prince Edward Island, being acquired from Terry Zinck and Diane Zinck, both of Rice Point, Prince Edward Island. EC JOHN STEFAN AND CHERYL STEFAN 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 John Stefan and Cheryl Stefan, both of Port Colborne, Ontario to acquire a land holding of approximately thirty-five (35) acres of land in Lot 52, Kings County, Province of Prince Edward Island, being acquired from Jean Trainor of Charlottetown, 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.

6 193 EC A.S. MACSWAIN & SONS INC. R.S.P.E.I. 1988, Cap. L-5 Council granted permission to A.S. MacSwain & Sons Inc. of Morell, Prince Edward Island to acquire a land holding of approximately zero decimal six two (0.62) acres of land in Lot 40, Kings County, Province of Prince Edward Island, being acquired from Ann Campbell and Florence MacSwain, both of Morell, Prince Edward Island. EC ALIANT TELECOM INC. R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Aliant Telecom Inc. of Charlottetown, Prince Edward Island to acquire, by lease, a land holding of approximately zero decimal zero two (0.02) acres of land at Charlottetown, Queens County, Province of Prince Edward Island, being acquired from the City of Charlottetown, Prince Edward Island. EC ARTHUR MOONEY & SONS LTD. R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Arthur Mooney & Sons Ltd. of St. Catherines, Prince Edward Island to acquire a land holding of approximately forty-two decimal five (42.5) acres of land in Lot 47, Kings County, Province of Prince Edward Island, being acquired from Farm Credit Corporation, mortgagee in possession of Kanata, Ontario.

7 194 EC CMH CORPORATION R.S.P.E.I. 1988, Cap. L-5 Council granted permission to CMH Corporation of Charlottetown, Prince Edward Island to acquire a land holding of approximately sixty (60) acres of land in Lot 32, Queens County, Province of Prince Edward Island, being acquired from the Estate of Robert Alastair Borden of Halifax, Nova Scotia. EC CMH HOLDINGS CORP. R.S.P.E.I. 1988, Cap. L-5 Council granted permission to CMH Holdings Corp. of Charlottetown, Prince Edward Island to acquire a land holding of approximately seventy-six (76) acres of land in Lot 32, Queens County, Province of Prince Edward Island, being acquired from the Estate of Robert Alastair Borden of Halifax, Nova Scotia. EC GULF VIEW ESTATES HOMEOWNERS ASSOCIATION R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Gulf View Estates Homeowners Association of Morell, Prince Edward Island to acquire a land holding of approximately six (6) acres of land in Lot 39, Kings County, Province of Prince Edward Island, being acquired from James J. MacDonald of Morell, Prince Edward Island.

8 195 EC ISLAND MILK DISTRIBUTORS INC. 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 Island Milk Distributors Inc. of Cornwall, Prince Edward Island to acquire a land holding of approximately sixty-four (64) acres of land in Lot 22, Queens County, Province of Prince Edward Island, being acquired from Ian Coffin of Cornwall, 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. EC LYNDALE FARMS INC. 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 Lyndale Farms Inc. of Lyndale, Prince Edward Island to acquire a land holding of approximately forty-five decimal eight nine (45.89) acres of land in Lot 51, Kings County, Province of Prince Edward Island, being acquired from Anthony Nabuurs of Montague, 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. EC LYNDALE FARMS INC. R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Lyndale Farms Inc. of Lyndale, Prince Edward Island to acquire a land holding of approximately ninetythree decimal five (93.5) acres of land in Lot 51, Kings County, Province of Prince Edward Island, being acquired from Anthony Nabuurs and Anna Nabuurs, both of Montague, Prince Edward Island. Further, Council noted that the said land holding, being Provincial Property No , was previously identified for non-development use in accordance with section 2 of the Land Identification Regulations (EC606/95) made under the said Act. Identification continues to apply.

9 196 EC MACLEAN FARMS LTD. 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 MacLean Farms Ltd. of Coleman, Prince Edward Island to acquire a land holding of approximately eighty-two (82) acres of land in Lot 10, Prince County, Province of Prince Edward Island, being acquired from Marcel Arsenault of Richmond, 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. EC SHAR INNS INC. R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Shar Inns Inc. of Kensington, Prince Edward Island to acquire a land holding of approximately three decimal two seven (3.27) acres of land in Lot 22, Queens County, Province of Prince Edward Island, being acquired from Sharon (MacDonald) Scott of New Port Richey, Florida. EC TRIANGLE LAND CORP. R.S.P.E.I. 1988, Cap. L-5 Council granted permission to Triangle Land Corp. of Charlottetown, Prince Edward Island to acquire a land holding of approximately eight decimal five (8.5) acres of land in Lot 32, Queens County, Province of Prince Edward Island, being acquired from the Estate of Robert Alastair Borden of Halifax, Nova Scotia.

10 197 EC PROPERTY NO , LOT 21, 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 twenty-six (26) acres of land, being Provincial Property No located in Lot 21, Queens County, Prince Edward Island and formerly owned by James T. Montgomery and Doris Montgomery, currently owned by Jesper Rosenmeier and Rosamond Rosenmeier (5 acres, now Provincial Property No ), Joyce Montgomery (17 acres, now Provincial Property No )) and James T. Montgomery and Doris Montgomery (4 acres, now Provincial Property No ). Council noted that this amendment will cancel the identification on the five (5) acres now known as Provincial Property No PROVIDED THAT the said real property is consolidated with the adjacent Provincial Property No Further, Council determined that following subdivision, identification for non-development use shall continue to apply to the remaining land of approximately twenty-one (21) acres, now Provincial Property Nos and This Order-in-Council comes into force on 9 May EC AN ACT TO AMEND THE MARRIAGE ACT DECLARATION RE Under authority of section 11 of An Act to Amend the Marriage Act Stats. P.E.I. 2005, 3rd Session, c. 12 Council ordered that a Proclamation do issue proclaiming the said "An Act to Amend the Marriage Act" to come into force effective 20 May EC MARRIAGE ACT REGULATIONS AMENDMENT Pursuant to section 25 of the Marriage Act R.S.P.E.I. 1988, Cap. M-3, Council made the following regulations: 1. The Marriage Act Regulations (EC554/92) are amended by the addition of the following after subsection 3(2): 3.1 (1) In addition to the requirements set out in section 8.1 of the Act, an applicant for a marriage commissioner s license must satisfy the Director that the applicant (a) is a Canadian citizen or landed immigrant; (b) is proficient in the English language; and (c) has successfully completed a training program offered by the Director under subsection (3). Qualifications

11 198 (2) An applicant for a marriage commissioner s license shall not be an issuer or a deputy issuer of marriage licenses. (3) The Director shall offer a training program to applicants who have met the marriage commissioner s license requirements under subsection (1) for the purposes of training applicants in relevant legislation and other related topics identified by the Director. Prohibition Training required (4) Where the Director has made a determination in respect of an applicant s application for a marriage commissioner s license, (a) the Director shall inform the applicant as to whether or not a marriage commissioner s license will be issued; and (b) if the Director decides against issuing a marriage commissioner s license, the Director shall provide reasons to the applicant. Determination by Director (5) Where a person who has been issued a marriage commissioner s license leaves the province for a continuous period of six months or more, the person shall report to the Director (a) prior to the person s departure from the province; and (b) upon the person s return to the province. Duty to report 3.2 (1) The fees payable by an applicant are as follows: Fees (a) for a marriage commissioner s license... $500 (b) to renew a marriage commissioner s license... $200 (2) The fees referred to in subsection (1) (a) are payable at the time an application for a marriage commissioner s license or renewal of a license is submitted to the Director; (b) are payable whether or not a marriage commissioner s license or renewal of a license is issued to an applicant; and (c) are non-refundable. Idem 2. These regulations come into force on May 20, EXPLANATORY NOTES The amendment outlines the necessary qualifications that are to be included in an application for a marriage commissioner s license. The amendment provides that an applicant cannot be an issuer or a deputy issuer of marriage licenses. The amendment outlines that applicants who have met the marriage commissioner s license requirements must complete a training program offered by the Director and provides that the Director shall inform an applicant as to whether or not a marriage commissioner s license will be issued. Where a person who has been issued a marriage commissioner s license leaves the province for a period of six months or more, the person shall report to the Director prior to the person s departure from the province and upon the person s return. The amendment also outlines the fee amount payable by an applicant for a marriage commissioner s license or renewal of a license. EC POLICE ACT PROVINCIAL POLICE CONSTABLE APPOINTMENT Pursuant to section 6 of the Police Act R.S.P.E.I. 1988, Cap. P-11 Council authorized the following person to exercise the powers of a provincial police constable: NAME TERM OF APPOINTMENT Damien Mitchell 9 May 2006 at pleasure

12 199 Further, Council ordered that, should the aforementioned person cease to be employed as a police officer with the Borden-Carleton Police Service, his appointment as a provincial police constable shall terminate coincident with the date his employment as a police officer with the Borden-Carleton Police Service is terminated. EC PUBLIC DEPARTMENTS ACT ACTING MINISTER APPOINTMENT Under authority of subsection 4(2) of the Public Departments Act, R.S.P.E.I. 1988, Cap. P 29 the following appointment was made: Honourable Michael Currie to be Acting Minister of Environment, Energy and Forestry commencing on the 12th day of May 2006, and continuing for the duration of the absence from the Province of Honourable James Ballem. EC PUBLIC TRUSTEE ACT ADVISORY COMMITTEE TO THE PUBLIC TRUSTEE ANNUAL REPORT RECEIVED Council received the Annual Report of the Advisory Council to the Public Trustee for the year ended 31 March 2005, presented pursuant to subsection 11(5) of the Public Trustee Act, R.S.P.E.I. 1988, Cap. P EC RETAIL BUSINESS HOLIDAYS ACT EXEMPTION REGULATIONS AMENDMENT Pursuant to section 7 of the Retail Business Holidays Act R.S.P.E.I. 1988, Cap. R-13.02, Council made the following regulations: 1. Section 3 of the Retail Business Holidays Act Exemption Regulations (EC554/93) is revoked and the following substituted: 3. (1) Harness racing and pari-mutuel betting at the Summerside Raceway on May 14, 2006, May 21, 2006 and May 28, 2006 are exempt from the application of section 2 of the Act. Racing, betting exemption (2) Harness racing and pari-mutuel betting at the Charlottetown Driving Park on August 13, 2006 and October 8, 2006 are exempt from the application of section 2 of the Act. Idem 2. These regulations come into force on May 13, EXPLANATORY NOTES The amendment allows a race card to be held at the Summerside Raceway and the Charlottetown Driving Park on the specified dates.

13 200 EC SMOKE-FREE PLACES ACT REGULATIONS AMENDMENT Pursuant to section 20 of the Smoke-Free Places Act R.S.P.E.I. 1988, Cap. S-4.2, Council made the following regulations: 1. (1) Subsection 1(2) of the Smoke-Free Places Act Regulations (EC279/03) is amended by the deletion of clause (a) and the substitution of the following: (a) elementary, intermediate or secondary school includes (i) any building or structure that is located on the grounds of such a school and that has four walls and a roof, and (ii) the grounds of such a school; elementary, intermediate or secondary school (2) Subsection 1(2) of the regulations is amended by the addition of the following after clause (a): (a.1) hospital includes any building or structure that is located on the grounds of the hospital and that has four walls and a roof; (a.2) independent ventilation system means a ventilation system which (i) supplies make-up air to a room, and (ii) removes air from the room and discharges it directly outdoors; hospital independent ventilation system 2. (1) Subject to subsection (2), these regulations come into force on May 20, (2) Subsection 1(1) of these regulations comes into force on July 1, EXPLANATORY NOTES This amendment clarifies that the terms elementary, intermediate or secondary school and hospital include the grounds of the school or hospital and the buildings that are located on the grounds of the school or hospital. EC FATHERS OF CONFEDERATION BUILDINGS ACT FATHERS OF CONFEDERATION BUILDINGS TRUST APPOINTMENT Pursuant to subsection 3(2) of the Fathers of Confederation Buildings Act R.S.P.E.I. 1988, Cap. F-6 Council made the following appointment: NAME TERM OF APPOINTMENT J. Sherrold Moore 18 April 2006 Calgary, Alberta to (reappointed) 31 July 2007

14 201 CANADA PROVINCE OF ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, QUEEN, Head of the Commonwealth, Defender of the Faith. Lieutenant Governor TO ALL TO WHOM these presents shall come or whom the same may in any wise concern: GREETING A PROCLAMATION WHEREAS in and by section 11 of Chapter 12 of the Acts passed by the Legislature of Prince Edward Island in the 3rd Session thereof held in the year 2005 and in the fifty-fourth year of Our Reign intituled "An Act to Amend the Marriage Act" it is enacted as follows: This Act comes into force on a day that may be fixed by proclamation of the Lieutenant Governor in Council., AND WHEREAS it is deemed expedient that the said Act, Stats. P.E.I. 2005, 3rd Session, c. 12 should come into force on the 20th day of May, 2006, NOW KNOW YE that We, by and with the advice and consent of our Executive Council for Prince Edward Island, do by this Our Proclamation ORDER AND DECLARE that the said Act being "An Act to Amend the Marriage Act" passed in the fifty-fourth year of Our Reign shall come into force on the twentieth day of May, two thousand and six of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and the Great Seal of Prince Edward Island to be hereunto affixed. WITNESS the Honourable J. LJonce Bernard, Lieutenant Governor of the Province of Prince Edward Island, at Charlottetown this 9th day of May in the year of Our Lord two thousand and six and in the fifty-fifth year of Our Reign. By Command, Clerk of the Executive Council