The Saskatchewan Farm Ownership Act

Transcription

1 The Saskatchewan Farm Ownership Act being Chapter S-17 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Board continued 4 Employment of staff 5 Application of Public Service Superannuation Act to employees of Board 6 Administration of the Act 7 Land holding by non-residents restricted 8 Restrictions not applicable to land acquired prior to March 31, 1974, etc. 9 Special exemptions for acquisition by inheritance 10 Special exemption for relatives of one-time farmers 11 Non-agricultural corporation land holding restricted 12 Corporations to dispose of land in excess of maximums permitted 13 Special exemption for acquisition of land by creditors 14 Disclosure of land holding by non-agricultural corporations 15 Special exemptions for potential residents 16 Offences and penalties 17 Enforcement of limitation of land holding 18 Serving of orders 19 Board may conduct investigations 20 Appeal 21 Stay of operation of certain decisions of board 22 Fiscal year 23 Tabling of reports 24 Regulations 25 Muncipalities allowed to hold land 26 Appropriation

3 CHAPTER S-17 An Act to Regulate the Ownership and Control of Agricultural Land in Saskatchewan Short title 1 This Act may be cited as The Saskatchewan Farm Ownership Act. R.S.S. 1978, c.s-17, s.1. Interpretation 2 In this Act: aggregate land holding (a) aggregate land holding of a person includes all land holdings of that person and all land holdings of that person s spouse and dependent children; agricultural corporation (b) agricultural corporation means a corporation: (i) which is primarily engaged in the business of farming; (ii) of which not less than sixty per cent of all issued voting shares are legally and beneficially owned by farmers who are resident persons; and (iii) of which not less than sixty per cent of all issued shares are legally and beneficially owned by farmers who are resident persons; board (c) board means the Saskatchewan Farm Ownership Board continued by section 3; land (d) land means real property that is situated outside of a city, town, village or hamlet and that is used or is capable of being used for farming but excludes: (i) minerals contained in such real property; and (ii) lands used for the purpose of extracting, processing, storing or transporting minerals; land holding (e) land holding includes: (i) land as defined in this section; (ii) any interest in land held under an agreement to purchase or lease; (iii) any interest in land held under any agreement that may directly or indirectly result in vesting of title or confer the right to possession of land or confer any right or control ordinarily accruing to the owner of land; (iv) such kinds and types of shares, as may be designated by the Lieutenant Governor in Council, legally or beneficially owned in a corporation having a land holding; (v) any other interest in land; but does not include land or an interest in land held by way of security for a debt or other obligation;

4 4 c. S-17 FARM OWNERSHIP minister (f) minister means the member of the Executive Council to whom for the time being is assigned the administration of this Act; non-agricultural corporation (g) non-agricultural corporation means a corporation which does not meet all of the requirements of clause (b); non-resident person (h) non-resident person means a person who does not meet the requirements of clause (i); resident person (i) resident person means: (i) an individual who resides in Saskatchewan for one hundred and eighty three days or more a year; or (ii) a farmer who resides for one hundred and eighty three days or more a year outside Saskatchewan but within twenty miles of the border of Saskatchewan; spouse (j) spouse does not include partners in a marriage who are living separate and apart from each other and who have been living separate and apart from each other for a continuous period of six or more months, whether or not they have been living separate and apart pursuant to a decree of judicial separation or under a separation agreement , c.98, s.2; R.S.S. 1978, c.s-17, s.2. Board continued 3(1) The Saskatchewan Farm Ownership Board, consisting of not less than three members, is continued. (2) Each member of the board shall be appointed by the Lieutenant Governor in Council. (3) The Lieutenant Governor in Council may designate one of the members of the board as chairman and one other member as vice-chairman. (4) The members of the board shall receive such remuneration for their services and allowances for travelling and other expenses as the Lieutenant Governor in Council may determine , c.98, s.3; R.S.S. 1978, c.s-17, s.3. Employment of staff 4(1) The board may appoint or engage such professional and technical personnel as may be required for the purposes of this Act and may determine their salaries and other remuneration. (2) The board may employ such officers and other employees as it considers necessary for the purpose of its operations, and, for the purpose of giving effect thereto and for determining the duties, powers and conditions of employment and remuneration of persons employed under this subsection, the board shall be deemed to be an agency within the meaning of clause (a) of section 2 of The Public Service Act, and the person employed shall be deemed to be members of the public service within the meaning of clause (o) of section 2 of that Act , c.98, s.4; R.S.S. 1978, c.s-17, s.4.

5 FARM OWNERSHIP c. S-17 5 Application of Public Service Superannuation Act to employees of Board 5 The Public Service Superannuation Act applies to such officers and other employees as may be employed by the board under subsection (2) of section , c.98, s.5; R.S.S. 1978, c.s-17, s.5. Administration of the Act 6 The board shall be responsible to the minister in the performance of the duties and exercise of the powers imposed or conferred upon it by or pursuant to this Act , c.98, s.6; R.S.S. 1978, c.s-17, s.6. Land holding by non-residents restricted 7 Subject to sections 8, 9, 10 and 13, no non-resident person shall: (a) have an aggregate land holding with an assessed value for municipal taxation purposes in excess of $15,000, excluding any assessment for buildings and similar improvements; or (b) acquire a land holding which results in the non-resident person having an aggregate land holding with an assessed value for municipal taxation purposes in excess of $15,000, excluding any assessment for buildings and similar improvements , c.98, s.7; R.S.S. 1978, c.s-17, s.7. Restrictions not applicable to land acquired prior to March 31, 1974, etc. 8(1) Clause (a) of section 7 shall not apply: (a) where the land holding was acquired by the non-resident person prior to the thirty-first day of March, 1974; (b) where the land holding was acquired by the non-resident person on or after the thirty-first day of March, 1974, but the right to the land holding arose prior to that date; or (c) where the land holding is held by a non-resident person who during any five years: (i) was a farmer; (ii) was a resident person; and (iii) farmed the land holding. (2) A non-resident person who has a land holding in excess of that permitted under section 7 which he held while a resident person but who does not meet the requirements of clause (c) of subsection (1) shall have five years from the date of becoming a non-resident person to reduce his aggregate land holding to an aggregate land holding permitted under section , c.98, s.8; R.S.S. 1978, c.s-17, s.8. Special exemptions for acquisition by inheritance 9 A non-resident person who acquires a land holding by devise or by operation of The Intestate Succession Act which results in the non-resident person having an aggregate land holding in excess of that permitted under section 7, shall have five years from the date of his acquisition of the land holding, to reduce his aggregate land holding to an aggregate land holding permitted under section , c.98, s.9; R.S.S. 1978, c.s-17, s.9.

6 6 c. S-17 FARM OWNERSHIP Special exemption for relatives of one-time farmers 10(1) Notwithstanding section 9, and subject to subsection (3), section 7 does not apply to a land holding transferred to a spouse or to a son, daughter, grandson, granddaughter, brother, sister, nephew, niece or spouse thereof, if the transferor, during any five years prior to the date of transfer was: (a) a resident person; and (b) a farmer farming the land holding or the spouse of a farmer farming the land holding. (2) For the purpose of subsection (1), in the case of a devise, or in the case of a succession under The Intestate Succession Act, the deceased shall be deemed to be the transferor. (3) Where a non-resident person acquires a land holding pursuant to this section, for the purposes of clause (b) of section 7 such land holding shall be included in his aggregate land holding and thereby reduce the land holding that he is permitted to acquire under clause (b) of section , c.98, s.10; R.S.S. 1978, c.s-17, s.10. Non-agricultural corporation land holding restricted 11(1) Subject to sections 12 and 13, no non-agricultural corporation may have or acquire an aggregate land holding in excess of one hundred and sixty acres. (2) Notwithstanding subsection (1), the board may give written consent, subject to such terms and conditions as the board considers advisable, to a non-agricultural corporation to have or acquire a land holding in excess of that permitted by subsection (1), for the purposes other than farming. (3) Notwithstanding subsection (1), a corporation holding a valid licence under The Trust and Loan Companies Licensing Act, acting on behalf of a resident person as trustee or otherwise, may have or acquire a land holding , c.98, s.11; R.S.S. 1978, c.s-17, s.11. Corporations to dispose of land in excess of maximums permitted 12(1) A non-agricultural corporation which, on the thirty- first day of March, 1974, has an aggregate land holding in excess of that permitted by section 11 shall have until the first day of January, 1994, to dispose of its excess land holding. (2) An agricultural corporation which becomes a non-agricultural corporation shall have five years from the date of becoming a non-agricultural corporation to reduce its aggregate land holding to an aggregate land holding permitted under section , c.98, s.12; R.S.S. 1978, c.s-17, s.12. Special exemption for acquisition of land by creditors 13(1) A non-resident person or a non-agricultural corporation may acquire a land holding by the realization, quit claim, settlement or otherwise of his or its security which results in the non-resident person or the non-agricultural corporation having a land holding in excess of that permitted under section 7 or section 11, as the case may be; but after a period of two years from the date of acquisition of the land holding, such land holding shall be included in his or its aggregate land holding for the purposes of section 7 or section 11, as the case requires. (2) The board may extend the two year time period mentioned in subsection (1) subject to such terms and conditions as it considers advisable , c.98, s.13; R.S.S. 1978, c.s-17, s.13.

7 FARM OWNERSHIP c. S-17 7 Disclosure of land holding by non-agricultural corporations 14(1) Every non-agricultural corporation that has an aggregate land holding in excess of that permitted under section 11 shall, within sixty days following the end of each calendar year, deliver to the board a disclosure statement in the form prescribed by the regulations. (2) Notwithstanding subsection (1), the board may exempt a non-agricultural corporation from delivering annually to the board the disclosure statement mentioned in subsection (1) and such exemption shall be given in writing and may be made subject to such terms and conditions as the board considers advisable. (3) A non-agricultural corporation which fails to deliver to the board a disclosure statement as required by this section is guilty of an offence and liable on summary conviction to a fine not exceeding $ , c.98, s.14; R.S.S. 1978, c.s-17, s.14. Special exemptions for potential residents 15(1) Notwithstanding section 7, a non-resident person who intends to become a resident person within three years may apply for and the board may in writing grant exemption from the provisions of section 7 and such exemption shall be subject to the applicant becoming a resident person within three years from the granting of the exemption. (2) Where a non-resident person, who has been granted an exemption under subsection (1), fails to qualify as a resident person within the three-year period the exemption shall terminate forthwith , c.98, s.15; R.S.S. 1978, c.s-17, s.15. Offences and penalties 16(1) An individual who contravenes section 7 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both fine and imprisonment. (2) A corporation which contravenes section 11 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. (3) Where a corporation is guilty of an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both fine and imprisonment , c.98, s.16; R.S.S. 1978, c.s-17, s.16. Enforcement of limitation of land holding 17(1) A non-resident person or a non-agricultural corporation having a land holding in cantravention of this Act shall forthwith reduce his or its aggregate land holding to an aggregate land holding permitted under the Act. (2) The board may issue an order to a non-resident person or a non-agricultural corporation having a land holding in contravention of this Act requiring the nonresident person or the non-agricultural corporation to reduce his or its aggregate land holding to an aggregate land holding permitted under the Act.

8 8 c. S-17 FARM OWNERSHIP (3) The order referred to in subsection (2) shall be in writing and may be served personally or by registered mail addressed to the non-resident person or nonagricultural corporation to be served. (4) Where a non-resident or a non-agricultural corporation fails to comply with an order of the board under subsection (2) within six months from the date on which the order is served, the board may apply to a judge of the Court of the Queen s Bench who shall enforce compliance with this Act and may make one or more of the following orders: (a) an order declaring null and void any instrument or document by which a land holding is or may be acquired in contravention of this Act; (b) an order for the sale of the land holding held in contravention of this Act and the distribution of the proceeds from the sale to such persons as may be entitled thereto; (c) an order directing the registrar of land titles to cancel a certificate of title of a non-resident person or non-agricultural corporation and to issue a new certificate of title and duplicate thereof in the name of such persons as may be entitled thereto; (d) an order to return any consideration given under an instrument or a document made in contravention of this Act; (e) an order for possession of the land holding to be given to such persons as may be entitled thereto; (f) an order respecting costs; (g) such other order as may be necessary to give effect to the provisions of this Act or as to him seems just , c.98, s.17; R.S.S. 1978, c.s-17, s.17. Serving of orders 18(1) An order served by registered mail under section 17 shall be deemed to be served two clear days after the date of the receipt of the postmaster for the envelope containing order. (2) Where the address of the non-resident person or non-agricultural corporation to be served with an order under section 17 in unknown, or the board is for any reason unable to effect prompt service of the order, the board may upon application made ex parte to a judge of the Court of the Queen s Bench request an order for substituted service or for the substitution for service by advertisement or otherwise as from the information available is most likely to bring notice of the order to the non-resident person or non-agricultural corporation , c.98, s.18; R.S.S. 1978, c.s-17, s.18. Board may conduct investigations 19(1) The board or any person authorized by the board may conduct an investigation for the purpose of determining whether a person has a land holding in contravention of this Act. (2) The person conducting the investigation under subsection (1) may at all reasonable times demand the production of and inspect all or any of the books, documents, papers or records of the person in respect of whom the investigation or inquiry is being made.

9 FARM OWNERSHIP c. S-17 9 (3) A person failing to comply with a demand under subsection (2) is guilty of an offence and liable on summary conviction to a fine of not more than $ , c.98, s.19; R.S.S. 1978, c.s-17, s.19. Appeal 20(1) A person dissatisfied with an order of the board under section 17 may appeal to a judge of the Court of the Queen s Bench who, upon hearing the appeal, may: (a) dismiss the appeal; (b) allow the appeal; (c) allow the appeal subject to terms and conditions; (d) vary the order appealed against; (e) refer the matter back to the board for further consideration; (f) award costs of the appeal; (g) make such other order as to him seems just. (2) The appeal shall be by notice of motion and a copy thereof shall be served upon the board not less than ten days before the day on which the motion is returnable. (3) There shall be no appeal from an order or decision of the judge of the Court of Queen s Bench under this section , c.98 s.20; R.S.S. 1978, c.s-17, s.20. Stay of operation of certain decisions of board 21(1) The taking of an appeal under section 20 does not stay the operation of the decision of the board. (2) The judge may, upon an appeal of a decision of the board, stay the operation of the decision of the board and prescribe terms and conditions to which the stay shall be subject , c.98, s.21; R.S.S. 1978, c.s-17, s.21. Fiscal year 22 The fiscal year of the board shall be the period commencing on the first day of April in one calendar year and ending on the last day of March in the next calendar year, both dates inclusive , c.98, s.22; R.S.S. 1978, c.s-17, s.22. Tabling of reports 23(1) The board shall, in accordance with The Tabling of Documents Act, make and submit to the minister an annual report respecting the work performed by the board. (2) The minister shall, in accordance with The Tabling of Documents Act, lay before the Legislative Assembly each report received by him under subsection (1) , c.98, s.23; R.S.S. 1978, c.s-17, s.23.

10 10 c. S-17 FARM OWNERSHIP Regulations 24 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations: (a) defining any word or expression used in this Act and not herein defined; (b) exempting persons or classes of persons or land holdings or classes of land holdings from this Act or any of the provisions of this Act subject to such terms and conditions as the Lieutenant Governor in Council may specify; (c) designating the kinds and types of shares in a corporation that shall constitute a land holding for the purposes of subclause (iv) of clause (e) of section 2; (d) prescribing the manner in which the assessed value for municipal taxation purposes of a land holding defined in subclause (iv) of clause (e) of section 2 shall be calculated for the purposes of section 7 and section 11; (e) fixing remuneration and expense allowances for members of the board; (f) prescribing the forms to be used and the information to be required in disclosure statements under section , c.98, s.24; R.S.S. 1978, c.s-17, s.24. Muncipalities allowed to hold land 25 This Act does not apply to corporations created under The Rural Municipality Act, or The Urban Municipality Act , c.98, s.25; R.S.S. 1978, c.s-17, s.25. Appropriation 26 Sums required for the purposes of this Act may be paid out of moneys appropriated by the Legislature for the purpose , c.98, s.26; R.S.S. 1978, c.s-17, s.26. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2013