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The Farm Lands Ownership Amendment, Real Property Amendment and Registry Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 68

THE FARM LANDS OWNERSHIP AMENDMENT, REAL PROPERTY AMENDMENT AND REGISTRY AMENDMENT ACT


 

(Assented to November 19, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

C.C.S.M. c. F35 amended

1         The Farm Lands Ownership Act is amended by this Part.

2(1)      Subsection 1(1) is amended

(a) in the part of the definition of "farmer" that precedes clause (a), by striking out "a resident" and substituting "an eligible individual";

(b) in clauses (b) and (c) of the definition of "family farm corporation", by striking out "resident persons" and substituting "eligible individuals";

(c) in the definition "farming", by adding ", horticulture" after "tree farming";

(d) by repealing the definition "resident";

(e) in the definition "retired farmer", by adding "in Canada" after "farming"; and

(f) by adding the following definitions in alphabetical order:

"eligible individual" means a natural person who is

(a) a citizen of Canada, or

(b) a permanent resident of Canada within the meaning of the Immigration Act (Canada); (« particulier admissible »)

"foreign purchase fee" means a fee which may be levied against the purchase of farm land by persons granted an exemption under subsection 3(3); (« droit imposé aux acheteurs étrangers »)

"qualified Canadian organization" means

(a) a corporation, partnership, syndicate,  joint venture, cooperative or association all the shares or interests of which are legally and beneficially owned by, or

(b) the trustee or trustees of a trust all the beneficiaries of which are,

eligible individuals, but does not include corporations which have any shares listed on a stock exchange; (« organisme canadien admissible »)

"qualified immigrant" means a natural person, wherever resident, who establishes to the satisfaction of the board that he or she is entitled to and intends to become an eligible individual within two years after acquiring an interest in farm land; (« immigrant qualifié »)

2(2)      Clause 1(3)(a) is amended by striking out "resident persons" wherever it occurs and substituting "eligible individuals".

3         Section 2 is repealed and the following substituted:

Right to ownership

2         Any of the following may, directly or indirectly, take, acquire, receive or hold an interest in farm land:

(a) an eligible individual;

(b) a family farm corporation;

(c) a municipality;

(d) a local government district;

(e) an agency of government;

(f) subject to any limitations provided for in the regulations, a qualified Canadian organization; or

(g) subject to subsection 3(16), a qualified immigrant.

4(1)      Subsection 3(2) is amended by striking out  "10 acres" and substituting "40 acres".

4(2)      Subsection 3(3) is repealed and the following is substituted:

Exemptions granted by the board

3(3)      The board may, on application or on its own initiative, by order

(a) exempt a person, a class of persons, farm land, a class of farm land, an interest in farm land or a class of interest in farm land, from all or any part of this Act; and

(b) impose terms and conditions on an exemption granted under clause (a), including the payment of a foreign purchase fee provided for in the regulations.

4(3)       Subsection 3(6) is amended by striking out "10 acres" and substituting "40 acres".

4(4)      Subsection 3(7) is repealed and the following is substituted:

Change in circumstances

3(7)      Where an interest in farm land is held by any person, and as a result of a change in the circumstances of a person who was an eligible individual the continued holding of the interest would be other than in accordance with section 2 or 3, apart from this subsection, the person first mentioned shall, within three years of the change in circumstances, reduce his or her aggregate interests in farm land, whether directly or indirectly, to no more than 40 acres.

4(5)      Subsection 3(8) is amended by striking out "a resident" and substituting "a farmer".

4(6)      Subsection 3(13) is repealed.

4(7)      Subsection 3(14) is amended by striking out "a retired farmer, the spouse of a retired farmer or a person or the spouse of a person who has prior to the conveyance been a farmer for at least 10 years" and substituting "an eligible individual who has prior to the conveyance farmed the farm land for at least 10 years, or the spouse of an eligible individual who has farmed the farm land for at least 10 years,".

4(8)      The following is added after subsection 3(14):

Joint interest of spouse

3(15)     A spouse of a person entitled to hold an interest in farm land under section 4 may hold an interest in the entitled person's interest in farm land as a joint tenant or as a tenant in common.

Failure to become eligible individual

3(16)     Where a qualified immigrant fails to become an eligible individual within two years after taking, acquiring or receiving an interest in farm land, the board may

(a) extend the period of time within which the qualified immigrant is required to become an eligible individual;

(b) grant the qualified immigrant an exemption in accordance with subsection 3(3); or

(c) require the qualified immigrant to reduce his or her holdings in accordance with section 5.

5         Clause 4(b) is amended by striking out "10 acres" and substituting "40 acres".

6(1)       Subsection 5(1) is amended

(a) by striking out "forthwith" and substituting "within one year or, upon application, within a further period of time determined by the board"; and

(b) by striking out "10 acres" and substituting "40 acres".

6(2)       Subsection 5(2) is amended by striking out "10 acres" and substituting "40 acres".

7          Section 17 is amended by adding the following after clause (e):

(f) providing for the manner of calculating a foreign purchase fee, which may be based on a percentage of the assessed value of the farm land;

(g) establishing limits on the number of shareholders that a corporation that is a qualified Canadian organization may have;

(h) respecting the information that persons who take, acquire, receive, or hold an interest in farm land, or who propose to take, acquire, receive or hold an interest in farm land, are required to furnish to the board.

PART 2

C.C.S.M. c. R30 amended

8         The Real Property Act is amended by this Part.

9(1)      Subsection 85(3) is amended by striking out everything after "statutory declaration" and substituting "as to the ownership of the farm land of the person claiming the interest or of a person acting on behalf of the person claiming the interest, in such form and containing such information as may be prescribed by the regulations.".

9(2)      Subsection 85(4) is repealed.

9(3)      The following is added after subsection 85(5):

Reliance on statutory declaration

85(5.1)   A district registrar is not required to make enquiry as to the truth of any of the matters set forth in a statutory declaration as to the ownership of farm land made under subsection (3).

9(4)      Subsections 85(8), (10), (11) and (13) are repealed.

10        Section 195 is amended by adding the following after clause (c):

(d) prescribing the form and content of the statutory declaration as to the ownership of farm land.

PART 3

C.C.S.M. c. R50 amended

11        The Registry Act is amended by this Part.

12(1)     Subsection 20(3) is amended by striking out everything after "statutory declaration" and substituting "as to the ownership of the farm land of the person claiming the interest or of a person acting on behalf of the person claiming the interest, in such form and containing such information as may be prescribed by the regulations.".

12(2)     Subsection 20(4) is repealed.

12(3)     The following is added after subsection 20(5):

Reliance on statutory declaration

20(5.1)   A district registrar is not required to make enquiry as to the truth of any of the matters set forth in a statutory declaration as to the ownership of farm land made under subsection (3).

12(4)     Subsections 20(6), (10), (12) and (13) are repealed.

Coming into force

13        This Act comes into force on a day fixed by proclamation.