NFU presents to Land Matters Committee

The mandate of the Land Matters Advisory Committee is to support government’s efforts to develop land policy and legislation and will provide advice and guidance to ensure policies and legislation reflect the current and future needs of the province.  On November 12, members of the NFU presented the following recommendations to the committee. Read the whole submission here:

  • Government acknowledge that Island land, soil, water, and air are public trusts.
  • Government acknowledge the importance of the Lands Protection Act, and commit to gaining knowledge and understanding of its purpose in protecting our primary resource.
  • Government consolidate the management of land under one agency with the powers listed in the presentation and expanded upon with public input. 
  • Government be a leader in seeking diversification in Island agriculture so that there is not such heavy dependence on the potato sector thus putting the stability of our economy at risk.
  • As recommended by Judge Ralph Thompson and by Horace Carver that environmentally sensitive and marginal lands not be farmed but be maintained as non-arable land in a farm’s total land aggregate.
  • Island agricultural land must remain in food production
  • government begin the establishment of an agricultural land bank, which usage would be firmly tied to the Crop Rotation Act.
  • The zoning and management of agricultural land must remain in provincial jurisdiction, rather than be given over to municipalities.

NFU Presents to the PEI Standing Committee on Natural Resources and Environmental Sustainability

Edith Ling and Doug Campbell appeared before the PEI Legislature’s Standing Committee on Natural Resources and Sustainability on November 5, 2020. They shared the NFU’s concerns about Prince Edward Island’s most valuable resources, stressing the importance of recognizing the interconnection between the health of farming, and of land and water. They urged to committee to and the public responsibility of ensuring that land and water are utilized and protected for the good of all farmers and all Islanders. You can see their presentation on facebook here (or visit the PEI Legislature’s website here and search for the November 5 meeting) of the committee (the presentation starts at 1 hr 16 min) is or their read their entire submission here. Continue reading

Understanding the Spirit and Intent of the Lands Protection Act

By Douglas Campbell

The National Farmers Union (NFU) is praising the Three Rivers Municipal Council for its care in dealing with issues relating to the Buddhist communities in the region. The Council voted to refuse a permit to Great Wisdom Buddhist Institute (Buddhist Nuns) for the building of a residence in Brudenell, eventually to be expanded to hold over 1000 nuns. It was clear that the center of concern for many participants in the Council meeting was greater than the building permit. There has been, however, a growing anxiety in the surrounding area and in other parts of PEI about what looks like unregulated land accumulation. The people at the Council meeting seemed to be intent on looking into what has the appearance of a hodge-podge of land acquisitions.

For people who may not be aware, the Lands Protection Act was put in place in 1982 by the then Progressive Conservative government of Angus MacLean. It was, and continues to be, a forward thinking piece of legislation with spirit and intent and laws to ensure that bonafide Islander residents retain the right to the ownership and use of their land. It was also to protect Island farmers from direct competition by processors. The act is entrenched in the Canadian Constitution. While Island land has always been a target of outside interests with deep pockets, the NFU believes the Act is more relevant than ever now as the world wide land grab escalates. Continue reading

Land Transactions: Government must exercise its people-given authority

By Douglas Campbell
District Director of the National Farmers Union

The National Farmers Union (NFU), like many other Islanders is still in shock after seeing the Irving family name on yet another land transfer. Rebecca Irving, the young daughter of Mary Jean Irving was able to put more PEI land under the Irving name. No one would dare suggest that Ms Irving’s newly crafted corporation, Red Fox Acres, is connected to Irving corporate empire.

In PEI, people have become accustomed to silence about how the Irving family has gained such wide ranging control. Some people are even afraid to speak out. That is understandable. However what is not understandable and very disheartening to watch is the apparent powerlessness of the PEI Government to exercise its authority in the face of corporate power.

The NFU has emphasized the need to place emphasis on enforcing the “protection” aspect of the Lands Protection Act, i.e, its spirit & intent. The loopholes in the Act have served the interests of the Irvings and others in the corporate sector. We have also warned about the lack of transparency in the MacLauchlan government’s Business Corporation Act. This act received unanimous support from all MLAs in June, 2018).

It is significant that when the Irving corporations, in their varied combinations, were no longer allowed to use the Lands Protection Act loophole, they found an open door in some provisions of the Business Corporation Act. The 2,200 acres to which they wanted titled ownership suddenly became the property of a newly formed corporation. Then an Irving family member, under the Business Corporation Act, was able to buy this new corporation and its assets aka, the 2,200 acres. All legal, they say.

Governments of the past did not display a simple deficiency of political will to protect the resources and life sources of PEI. Rather what they have displayed is a distorted political will to openly serve the interests of corporations. Do they think that the people do not see this? It is common to hear people say that it is corporations which run PEI, not government.

It is our belief any government which lurks behind the veil of powerlessness is unworthy to govern. This is an opportunity for a new government to take a different path to protect the Island, its land/water and its people. Our message to the current PEI Government is that you have the authority to make legislation. Now use it. You have the authority to replace any legislation or articles of legislation to protect the interests of Islanders. Now do it. You have the authority to declare null and void the latest Irving acquisition (and maybe some former ones). Now do it.

The NFU would like to see the Honourable Bloyce Thompson take a stronger stand against the latest Irving acquisition. He is not only minister responsible for agriculture and lands but also as Attorney General is the overseer of all legislation. Minister Thompson must be seen to take control of the situation. The same goes for Premier King, who in the fever of the election campaign vowed to make open and transparent the workings of the Business Corporation Act and its Regulations. Open and transparent government was his pledge to Island voters. We are still waiting to see the openness and transparency.

Do We Want to be Irving Islanders?

By Douglas Campbell, District Director of the National Farmers Union

The National Farmers Union is shocked beyond belief that the Irving Corporation has found a way to access the 2,200 acres of prime Island farm land they coveted. It seems that the Irvings, by whatever corporate designation they choose, have worked hand in hand with their accomplices, to find a loophole to circumvent the PEI Lands Protection Act. This latest acquisition goes against the earlier recommendation of IRAC, and the decision of the PEI Government to deny the Irvings that specific land purchase.

This latest legal scheme is a bold announcement that the Irvings will stop at nothing to own the Island’s primary resource of land and indirectly water; and as such, control the potato industry in the province – to the determent of independent farmers and all Islanders.

This recent land transaction is, to date, their loudest public proclamation of their contempt of the spirit and intent of the 1982 Lands Protection Act that was put in place to enable Islanders to protect our land from corporate and foreign ownership, as well as, to ensure the livelihood of independent farmers.

Geoffrey Connolly, who is a Haslemere Farms representative (the newly formed corporation that obtained the land), is referenced by Stu Neatby in the Guardian of Monday, August 13 giving details of how the deal was done. The lawyer, a partner of the Charlottetown law firm Stewart McKelvey, indicates that the transaction was allowed due to a “loophole” in the Lands Protection Act. This is one of a number of loopholes in the Act about which the NFU has written and spoken at every opportunity. Lawyers and accountants have eagerly and profitably searched these out over the years. Previous governments have willingly turned a blind eye.  Apparently the current government was caught unaware of this latest strategy by the Irving family.

This breach of the Act through the selling of a corporation, which holds the land assets, rather than a straight land transaction, puts the Island in a precarious position.  If allowed to be finalized it further opens the Island to the world wide land grab that is making land a commodity in the power games of corporations and financial elites. This is far bigger than the Irving’s getting another 2,200 acres to add to their already “over the limits” Island land stock. If the Island government doesn’t act swiftly and with conviction to prevent this deal, the very future of the control of our land is at stake. We are in a deep crisis.

The Island government is not helpless. The government can do something in this instance. The agriculture minister, Bloyce Thompson, has the power to deem what a corporation is, and whether Haslemere Farms is an ‘interlocking” corporation connected with J.D Irving Limited.  He has power to protect the very future of this province. The government can move to repeal Wade McLaughlin’s work of replacing the Companies Act with the Corporate Business Directory that allows corporate shareholders not to be named. They can move to tighten the Lands Protection Act so that its spirit and intent is honoured.  Every elected member of the legislature needs to get immediately invested in the welfare of our primary resource. Prove you are as smart and diligent as those who are attempting to undermine the very fabric of this province. Prove that you do stand for Islanders and that you have a real commitment to honour the spirit and intent of the Lands Protection Act.

As Islanders, we all need to take a stand for our land and for the future of every Islander. The Irvings have once again snubbed their noses at the PEI Government. They also make it clear that they have little respect for the residents of Prince Edward Island. We must join together to make our voices heard about the future of PEI lands. How the land is owned, controlled, and used has a deep impact on all of us. We are facing serious consequences if we remain silent now. Future generations will judge us if we do not speak up against the current and ongoing violations of the spirit and intent of the Lands Protection Act.