Saskatchewan’s Farm Ownership legislation reflects the continuing commitment of the Government of Saskatchewan to ensuring that Saskatchewan farm land is owned and operated for the benefit of residents of the province.

The Saskatchewan Farm Security Act regulates the ownership and operation of farm land by non-residents and entities which are not 100% Canadian owned.

I. Definitions

• a resident person is an individual who resides in Canada for at least 183 days in any year or is a citizen of Canada
• a Canadian-owned entity is an agricultural corporation or a  corporation, partnership, syndicate, joint venture, co-operative, association or any similar entity prescribed in the regulations in which all shares or interests are legally and beneficially owned, and all memberships held, by resident persons or other Canadian-owned entities
• an agricultural corporation must be engaged in the business of farming with the majority of all voting shares owned by resident producers
• a land holding includes most legal interests in agricultural land but excludes mortgages
• an aggregate land holding includes all land holdings of a person and of a spouse and children
• farm land means land outside of an urban municipality that is used or can be used for farming, outside the Northern Saskatchewan Administration District
• farming includes livestock raising, poultry raising, dairying, tillage of the soil, beekeeping, fur farming and any other activity undertaken to produce primary agricultural produce and animals 

II. Effect of Act on Non-Residents and Non-Canadian Entities 

A. Limitations on Land Holdings

• Effective March 30, 1974, non-residents may not have or acquire an aggregate land holding exceeding 10 acres.  Non-Canadian entities are also limited to 10 acres.
• Non-residents may not acquire an interest in land by participating in limited partnerships.

B. Time Allowed to Divest in Certain Circumstances

• Non-residents inheriting land from a non-resident person who

(a) was not a resident of Canada for five consecutive years

or

(b) did not acquire the land while a resident

have five years to reduce their holdings to the allowable limit.

• A person who was not a resident for five years, has five years upon leaving Canada to reduce his holding to the allowable limit.

C. Land Holdings Not Affected by the Act

• Lands acquired by designated relatives from someone who has been a resident of Canada for any five consecutive years, and acquired the land while a resident.
• Lands held by a non-resident who was a resident of Canada for any five consecutive years and purchased the land while a Canadian resident.
• Lands acquired by a non-resident prior to March 31, 1974.

III. Effect of the Act on Corporations and other Entities

A. Limitations on Land Holdings

• Canadian entities are not limited in the acquisition of land holdings. Non-Canadian entities may not acquire an interest in land by participating in limited partnerships.

• Agricultural corporations with a majority of voting shares owned by resident persons or Canadian entities are considered Canadian Entities. Minority non-resident shareholders, however, will require an exemption from the Board if their land holdings exceed 10 acres.

B. Time Allowed to Divest in Certain Circumstances

• Non-agricultural corporations inheriting land have five years to reduce their holding to the allowable limit.
• An agricultural corporation which becomes a non-agricultural corporation has one year from the date of becoming a non-agricultural corporation to reduce its aggregate land holding to the allowable limit.

IV. Exemptions

The Farm Land Security Board may, upon receipt of a written application, grant Exemption to a non-resident person, or to a Non-Canadian Entity, to acquire or hold land in excess of that permitted by the Act.

Exemptions are subject to a fee as indicated in the Application form.

V. General

These definitions and explanations summarize the principal provisions of The Saskatchewan Farm Security Act, regulating land ownership as at January 1, 2003 and are intended for general information only. While care has been taken to ensure the general accuracy of this summary, it will be necessary in all cases to refer to the Act and Regulations to determine application in individual cases with certainty.

A copy of the Act and Regulations can be obtained from:

Office of the Queen’s Printer, Acts and Publications
1st floor, 1871 Smith Street
Regina, SK S4P 3V7
Telephone: (306) 787-6894
http://www.qp.gov.sk.ca/

For further information contact:

Mark Folk
General Manager - Farm Land Security Board
Farm Land Security Board
207-3988 Albert Street
Regina, SK S4S 3R1
Phone: (306) 787-5153
mfolk@farmland.gov.sk.ca

TOP OF PAGE