What provincial rules limit who can buy farmland in Canada, and what should a farm buyer check?

Who may buy farmland in Canada can depend on the province where the land sits. Manitoba, Saskatchewan and Prince Edward Island each administer their own rules, and other provinces’ rules, if any, may differ. A buyer who is not a Canadian citizen or resident, or who plans to buy through a corporation or partnership, should confirm the rules before making an offer. Here is how three provinces describe their regimes, then what to check.

Manitoba

The Government of Manitoba says the Farm Lands Ownership Act is intended to preserve farm land for use by present and future generations of Canadians. It says the Act limits foreign interest in Manitoba farm land. It also says non-Canadian individuals and corporations can apply to the Manitoba Farm Industry Board for an exemption if they wish to acquire an interest beyond that limit. Read the province’s page for the current limit.

Saskatchewan

In Saskatchewan, the Farm Land Security Board administers Farm Foreclosure protection, Home Quarter protection and Farm Ownership protection. The province says Part VI, Farm Ownership protection, regulates the ownership and operation of Saskatchewan farm land by non-Canadian entities. If the buyer is a corporation or partnership, ask a Saskatchewan lawyer how the rules apply to its owners and whether anything is needed before closing.

Prince Edward Island

The Island Regulatory and Appeals Commission administers the Prince Edward Island Lands Protection Act. The Commission says that includes making recommendations to Executive Council on applications for land purchases governed by the Act, and monitoring the land holdings of large land owners. Its page also notes an amending bill that had not been proclaimed when this page was checked, so confirm which version of the Act is in force.

What a farm buyer should check

Whatever the province, put these questions to the provincial body or a lawyer there before you commit. For the wider picture, see Buying a farm business in Canada.

• Does any ownership limit or approval apply to you, and to the entity that will hold title?
• If an approval or exemption is needed, can the offer be made conditional on it?
• Is a corporation or partnership with several owners treated differently from an individual buyer?
• If you need a loan, what does the lender need? FCC says it lends to farmers, ranchers, growers and other primary food producers, and its agriculture page lists land and building financing.