Saskatchewan's farm ownership legislation (The
Saskatchewan Farm Security Act (the
"Act")) restricts the ownership and
operation of Saskatchewan farm land by non-Canadians.
"Farm land" is defined in the Act as real property
outside a city, town, village, hamlet or resort village that is
used or capable of being used for farming, but does not include
minerals or land primarily used for processing or storing
The restrictions regarding farm land ownership only apply
(a) non-Canadian individuals (who
are not residents of Canada); and
(b) entities that are totally or partially owned or controlled by
non-Canadians, and includes entities who have shares traded on a
public stock exchange (as there is the potential for non-Canadian
A non-Canadian individual or entity may hold up to 160 acres of
Saskatchewan farm land. Any land holding over that amount
requires an Order from the Farm Land Security Board (the
"Board"). If an Order is not
obtained, and the threshold is exceeded, the Board could require
the non-Canadian to divest itself of the land holding.
Although there have been restrictions on farm land ownership by
non-Canadians for many years, regulations to the Act have recently
been amended to add additional restrictions in respect of debts or
mortgages of farm land. As of December 24, 2015 a lender
financing farm land may hold security over that farm land but only
if the lender is:
(a) a resident person;
(b) a bank, credit union or other financial institution that is
supervised or examined by a governmental authority in Canada;
(c) a farm input supplier that has provided inputs to a
A proposed lender that does not fit within the exemptions set
out in one of (a), (b) or (c) above will require an Order from the
Board permitting the lender to hold the mortgage. If such an
Order is not obtained the lender's mortgage might be invalid or
the lender's ability to enforce its security might be
Sources: Farm Ownership (Government of Saskatchewan, Farm
Land Security Board), online:
http://www.farmland.gov.sk.ca/ownership/default.shtml (12 August
2016) and The Saskatchewan Farm Security Regulations, RRS c S-17.1
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