Schedule of Prince Edward Island

1. PRINCE EDWARD ISLAND

Sector: Business Services
Sub-Sector: Architectural services
Industry Classification: CPC 8671
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Architects Act, RSPEI 1988, c A-18.1
• Architects Association of Prince Edward Island Bylaws

Description:

A non-resident enterprise applying for a certificate of practice to practice architecture in Prince Edward Island shall have at least two thirds of the partners, principals or directors of the enterprise be architects and not less than the majority of issued shares of each class of voting shares of the enterprise are beneficially owned by and registered in the name of architects.

2. PRINCE EDWARD ISLAND

Sector: Distribution Services
Sub-Sector: Retail sales of motor fuel
Industry Classification: CPC 613
Type of Exception: Article 312 (Market Access – Investment)
Measure(s):

• Petroleum Products Act, RSPEI 1988, c P-5.1

Description:

When issuing a licence for the operation of an outlet by a retailer, the Island Regulatory and Appeals Commission shall consider the public interest, convenience and necessity by applying such criteria as the Commission considers advisable.

3. PRINCE EDWARD ISLAND

Sector: All Sectors
Sub-Sector: All sub-sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination), Article 312 (Market Access – Investment)

Measure(s):

• Prince Edward Island Lands Protection Act, RSPEI 1988, c L-5,
• Land Identification Regulations, Shore Frontage Regulations, Exemption Regulations, and Forms Regulations

Description:

1. Non-resident persons must make application to acquire more than five acres of land or land having a shore frontage of more than 165 feet and receive permission from the Lieutenant Governor in Council. Shore frontage includes land adjacent to oceans, rivers, lakes, ponds, and swamps.
2. The Government of Prince Edward Island issues permits to non-resident persons under the Act and may impose more onerous conditions including that the land be identified under the land identification program for agricultural use or non-development use.
3. Only residents of Prince Edward Island are eligible for a property tax rebate on non-commercial real property.

4. PRINCE EDWARD ISLAND

Sector: Business Services
Sub-Sector: Consumer credit reporting
Industry Classification: CPC 87901
Type of Exception: Article 201 (Non-discrimination), Article 307 (Market Access – Services)

Measure(s):

• Consumer Reporting Act, RSPEI 1988, c C-20

Description:

Every consumer reporting agency registered under the Act shall operate from a fixed place of business in Prince Edward Island.

5. PRINCE EDWARD ISLAND

Sector: Agriculture
Sub-Sector: Products of agriculture; live animals and animal products, meats, dairy products, food products
Industry Classification: CPC 01, 02, 21, 22, 239, 6221, 62112
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Natural Products Marketing Act, RSPEI 1988, c N-3
• Agricultural Products Standards Act, RSPEI 1988, c A-9
• Dairy Producers Act, RSPEI 1988, c D-2
• Agricultural Insurance Act, RSPEI 1988, c A-8.2
• Animal Health and Protection Act, RSPEI 1988, c A-11.1
• Grain Elevators Corporation Act, RSPEI 1988, c G-5
• Plant Health Act, RSPEI 1988, c P-9.1
• Animal Welfare Act, SPEI 2015 (unproclaimed)

Description:

1. These measures allow Prince Edward Island to regulate and issue authorizations on marketing matters, including the buying, selling, packing, grading, storing, processing, shipping for sale or storage, promoting, researching and offering for sale of food and fish products including poultry, eggs, dairy, hogs, cattle, potatoes, and turkeys. This includes the production and transport required to carry out the objects of these Acts. The exception against right of entry and exit is limited to fish and aquaculture products.
2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements, right of entry and exit, or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or Prince Edward Island and having a place of business and substantive business operations within Prince Edward Island.

6. PRINCE EDWARD ISLAND

Sector: Fisheries and Aquaculture
Sub-Sector: Wholesale trade of fishery products; services incidental to fishing
Industry Classification: CPC 04, 62224, 882
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Fisheries Act, RSPEI 1988, c F-13.01
• Fish Inspection Act, RSPEI 1988, c F-13
• Certified Fisheries Organizations Support Act, RSPEI 1988, c C-2.1
• Natural Products Marketing Act, RSPEI 1988, c N-3
• Plant Health Act, RSPEI 1988, c P-9.1

Description:

1. These measures allow Prince Edward Island to regulate and issue authorizations on a matter relating to resources and products of the fishery including maintenance and development of the resources of the fishery, fish buying, and any other matter or thing in order to give full effect to the objects of these Acts.
2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements, right of entry and exit, or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or Prince Edward Island which have a place of business and substantive business operations within Prince Edward Island.

7. PRINCE EDWARD ISLAND

Sector: Energy
Sub-Sector: Electricity, oil and natural gas, services incidental to energy distribution
Industry Classification: CPC 17, 120, 887
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Energy Corporation Act, RSPEI 1988, c E-7
• Renewable Energy Act, RSPEI 1988, c R-12.1
• Oil and Natural Gas Act, RSPEI 1988, c O-5
• Electric Power Act, RSPEI 1988, c E-4

Description:

1. These measures allow Prince Edward Island to regulate and issue authorizations on a matter relating to energy and energy systems, oil and natural gas, and renewable energy sources, including the generation, accumulation, transmission, distribution, supply, purchase, utilization, and disposal of energy; the drilling of wells and the production and conservation of oil and natural gas; and generally for carrying out any of the purposes or provisions of these Acts.
2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements, right of entry and exit, or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or Prince Edward Island and having a place of business and substantive business operations within Prince Edward Island.

8. PRINCE EDWARD ISLAND

Sector: Agriculture, Forestry and Fisheries Products
Sub-Sector: Forestry and logging products
Industry Classification: CPC 03
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Forest Management Act, RSPEI 1988, c F-14
• Public Forest Council Act, RSPEI 1988, c P-29.1

Description:

1. These measures allow Prince Edward Island to regulate and issue authorizations on a matter relating to forest products, including the conservation, protection, harvesting, extraction, and sale of forest products; issuing of licences and certification of forest producers; importation of plants or plant materials; fees and other charges; and generally for carrying out the provisions of the Acts.
2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements, right of entry and exit, or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or Prince Edward Island and having a place of business and substantive business operations within Prince Edward Island.

9. PRINCE EDWARD ISLAND

Sector: Alcoholic Beverages
Sub-Sector: Commission agents’ services, wholesale trade service, retailing services (liquor, wine and beer, liquor wine and beer stores) manufacture of alcoholic beverages
Industry Classification: CPC 24, 62112, 62226, 63107
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Liquor Control Act, RSPEI 1988, c L-14

Description:

1. The Prince Edward Island Liquor Control Commission (“PEILCC”) is a Government of Prince Edward Island Crown agency that is the sole importer and controls the purchase, distribution, and sale of alcoholic beverages in Prince Edward Island. The PEILCC operates warehouse and office facilities, and a Licensee Distribution Centre. The PEILCC supplies and administers the operations of retail liquor stores and the Licensee Distribution Centre.
2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements, right of entry and exit, or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or Prince Edward Island and having a place of business and substantive business operations within Prince Edward Island.

10. PRINCE EDWARD ISLAND

Sector: Cannabis
Sub-Sector: Cannabis; Wholesale trade services, including on a fee or contract basis; Retailing services, including on a fee or contract basis
Industry Classification: A, D, E
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit) (with respect to paragraph 3 of the Description)

Measure(s):

• Cannabis Management Corporation Act, R.S.P.E.I. 1988, C-1.3

Description:

1. The measures listed provides the Prince Edward Island Cannabis Management Corporation the authority to buy, import and sell cannabis; control the possession, sale and delivery of cannabis; establish, maintain and operate cannabis stores.
2. The PEI Cannabis Management Corporation reserves the right to preferentially promote and market locally produced cannabis products.
3. These measures also require that consumers in the Province purchase cannabis and cannabis products only through the Prince Edward Island Cannabis Management Corporation. There are no import or export restrictions imposed on licensed cannabis producers.