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Tougher Rules on Foreign Farmland Ownership

Full Title:
The Saskatchewan Farm SecurityWotherspoon, (Foreign Farmland Ownership) Amendment Act

Summary#

This bill tightens Saskatchewan’s rules against illegal foreign ownership of farmland. It does not change who can legally own farmland, but it makes enforcement stronger, penalties much higher, and paperwork mandatory for buyers.

  • Requires every person who buys or plans to buy farmland to file a sworn statement (a statutory declaration) about who they are and whether they are allowed to own the land.
  • Raises fines sharply: up to $1,000,000 for individuals and up to $10,000,000 for companies or other organizations.
  • Removes time limits so the government can investigate and penalize older land deals.
  • Increases administrative penalties (set by officials without going to court) to as much as $10,000,000.
  • Lets a court order that money left from a forced sale of illegal holdings (net proceeds) be taken by the provincial government.

What it means for you#

  • Farmland buyers (residents and Canadians)

    • You must submit a sworn statement when you buy or even plan to buy farmland.
    • Honest mistakes could now carry very large fines, so you will likely face more checks and need careful paperwork.
    • Deals may take longer as lawyers, real estate agents, and lenders verify compliance.
  • Foreign nationals or foreign‑controlled companies

    • Saskatchewan already limits foreign ownership of farmland. This bill increases the risk and cost of breaking those rules.
    • If a court orders you to sell land held illegally, the profit from that sale can be taken by the government.
  • Farmers and families selling land

    • Expect more questions and documents from buyers, lawyers, and lenders to prove the deal follows the law.
    • If a past deal is later found illegal, authorities can still investigate and take action, even years later.
  • Real estate agents, lawyers, and lenders

    • Mandatory declarations for all farmland buyers will increase due diligence steps.
    • Larger penalties raise the stakes for advising clients and documenting compliance.
  • Businesses, funds, and trusts

    • Corporate buyers face possible fines up to $10,000,000 and administrative penalties of the same size.
    • Ownership structures will face closer review to confirm who ultimately controls the land.

Expenses#

No publicly available information.

Proponents' View#

  • Stronger enforcement will better protect Saskatchewan farmland for local producers.
  • Big fines and the risk of losing profits will deter illegal ownership and the use of shell companies or straw buyers.
  • Mandatory declarations for all buyers create a clear, consistent check at the point of purchase.
  • Removing investigation time limits helps catch past violations that would otherwise go unpunished.
  • Allowing courts to seize sale proceeds stops people from benefiting from breaking the law.

Opponents' View#

  • Penalties up to $10,000,000 are excessive and could punish paperwork errors as harshly as intentional violations.
  • Requiring sworn statements from every buyer adds red tape and may slow ordinary farm transactions.
  • No time limit on investigations creates long‑term uncertainty for owners, buyers, and lenders.
  • Letting the government take net proceeds from a forced sale may be seen as too harsh and could face legal challenges.
  • Moving from a board‑requested process to a minister‑ordered, blanket requirement raises concerns about concentration of power and fair process.