Saskatchewan is one of several Canadian provinces which which restricts farm land ownership by non-Canadians. The Saskatchewan Farm Ownership Act was passed by the Saskatchewan Legislature in 1974. It has since become part of The Saskatchewan Farm Security Act.

By limiting speculation in farm land and concentration of foreign ownership, the Act supports two major goals:

• To maintain opportunities for Saskatchewan residents to acquire farm land in Saskatchewan for agricultural purposes;
• To support the development of strong rural communities in Saskatchewan.

Who is affected by the Act?

The Act affects:

• non-Canadian individuals unless they are residents of Canada;
• entities totally or  partly owned or controlled by non-Canadians.

Ineligible individuals or entities must apply to the Farm Land Security Board for an Exemption to acquire an interest in more than 10 acres of farm land in Saskatchewan.

The following are not affected by the Act:

• Canadian residents or citizens;
• Entities (corporations or membership-based organizations) which are 100% Canadian-owned and are not publicly traded;
• Companies engaged in farming where the majority of voting shares are held by residents  ("Agricultural Corporations"), minority shareholders may require an exemption from the Farm Land Security Board; 
• Designated relatives acquiring land from eligible Canadian residents.

What about existing land holdings?

• Land owned before 1974 may continue to be held by the same person, regardless of citizenship or residency;
• Land acquired by a person while a resident may be retained if they move out of the province.

Land can be transferred to non-residents without an Exemption under certain conditions:

• The transferor (vendor) was a Canadian or Canadian resident for at least 5 consecutive years and acquired the land while a resident, and the transferee (purchaser) is a close relative of the transferor (vendor).

Some definitions from the Act

Farm land is a real property outside of a city, town, village or hamlet that is capable of being used for farming but does not include minerals or land used in processing or storing minerals.

An interest in farm land includes a purchase, lease, and option to purchase or lease, but excludes a bona fide mortgage interest.

Resident person is an individual who resides in Canada for at least 183 days in any year, or is a Canadian citizen.

Canadian-owned entity is a corporation, partnership, syndicate, joint venture, co-operative, association, or any other similar entity prescribed in the regulations, in which all shares or interests are legally and beneficially owned, and all the memberships are held, by resident persons or other Canadian-owned entities.

An Agricultural Corporation is a corporation with a majority of voting shares held by Saskatchewan resident producers. The holdings of such a corporation are not restricted, but foreign individual shareholders with holdings exceeding 10 acres will need an exemption from the Farm Land Security Board.

The Farm Land Security Board:

The Board is an appointed administrative body which administers and enforces the Farm Ownership portion of The Saskatchewan Farm Security Act. It has the authority to exempt individuals, corporations, farm land and an interest in farm land from any provision of the legislation.

How to apply for an Exemption:

Obtain either a corporate or non-resident application form from this web site. Mail or fax your completed application to:

Farm Land Security Board
207 - 3988 Albert Street
Regina, Saskatchewan
Canada S4S 3R1
Fax:(306) 787– 8599

What factors does the Board consider?

In considering applications for Exemption from the public policy expressed by the Act, the Board considers such factors as the public interest, the potential impact to Saskatchewan and the specific circumstances of the applicant.

For further information

Board staff will be pleased to answer your questions or supply more information about The Saskatchewan Farm Security Act.

Contact

Butch Stokes
Acting General Manager - Farm Land Security Board
Phone:(306) 787 – 5153
Fax:(306) 787– 8599
bstokes@farmland.gov.sk.ca