Skip to main content
The Farm Lands Ownership Act
This is an unofficial archived version of The Farm Lands Ownership Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. F35

The Farm Lands Ownership Act

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

Definitions.

1(1)

In this Act

"agency of the government" means

(a) any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which,

(i) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or

(ii) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown, or

(b) any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of shares of the capital stock thereof by the Crown or by a board, commission, association, or other body to which clause (a) applies; ("organisme gouvernemental")

"board" means The Manitoba Farm Lands Ownership Board; ("Office")

"debt obligation" means a bond, debenture, note, mortgage or other evidence of indebtedness or guarantee, whether secured or unsecured; ("titre de créance")

"family farm corporation" means a corporation that is primarily engaged in the business of farming, and

(a) of which not less than two-thirds of the issued and outstanding shares of all classes are legally and beneficially owned by farmers, the resident spouses of farmers or the resident children of farmers or any combination thereof, and

(b) which is under the control in fact of farmers, the resident spouses of farmers or the resident children of farmers or any combination thereof; ("corporation agricole familiale")

"farm land" means real property that is situated outside a city, town, village (including an unincorporated village) or hamlet and that is used or is reasonably capable of being used for farming, but excludes

(a) minerals, excepting sand and gravel, contained in real property,

(b) real property used for the purpose of extracting, processing, storing, or transporting of minerals, excepting sand and gravel, and

(c) real property used by a corporation supplying telecommunication, railway, pipeline or other services prescribed by the board or by regulation where and for so long as the real property is used for the purpose of supplying those services or purposes ancillary thereto; ("terres agricoles")

"farmer" means a resident

(a) who receives a significant portion of his income either directly or indirectly from his occupation of farming, and

(b) who spends a significant portion of his time actively engaged in farming; ("agriculteur")

"farming" includes tillage of the soil, livestock production, raising poultry, dairying, fur farming, tree farming, bee keeping, fish farming or any other activity undertaken to produce agricultural products; but does not include the purchase and resale of agricultural products, or the commercial processing of agricultural products; ("agriculture" )

"indirect" includes the taking, acquiring, receiving or holding by any person through, or by, any other person or combination or succession of persons (whether by trusteeship, agency or otherwise), of any right, title, or interest of any kind, type or nature whatsoever, whether present or contingent; ("indirect")

"interest in farm land" includes any right, title or interest in farm land recognized at law to be an interest in real property, whether legal, equitable or beneficial, and whether direct or indirect, and without limiting the generality of the foregoing includes, in respect of farm land, an option to purchase, an agreement to purchase, a right of refusal, a mortgage, an encumbrance, a debenture or any other form of security interest, an option to acquire any form of security interest, a lease, an agreement to lease, an option to lease, a power of attorney and any other right, title or interest that would, or that may, in the event of any particular contingency occurring, vest in the holder of such right, title or interest, legal, equitable or beneficial title, possession or control, present or future, of farm land; but does not include a builder's lien or a judgment of a court registered against land; ("droit réel agricole")

"minister" means the Minister of Agriculture; ("ministre")

"option" includes an agreement to grant an option; ("option")

"order" means a written order of the board, or an order of a judge of the Court of Queen's Bench, as the context requires; ("ordonnance" )

"person" includes a natural person, corporation, partnership, limited partnership, syndicate, trustee, joint venture, and any association of persons whatsoever; ("personne")

"resident" means a natural person bona fide resident, animus et factum, of Manitoba; ("résident")

"retired farmer" means a natural person wherever resident who has been a farmer for a period of at least 10 years and who has retired from farming. ("agriculteur à la retraite")

Meaning of "control in fact".

1(2)

For the purposes of this Act "control in fact" of a corporation includes the power or authority to exercise the powers of the corporation, or any material part thereof, either directly or indirectly in any manner whatsoever, or to direct the management or supervision of the business and affairs of the corporation, or any material part thereof, either directly or indirectly in any manner whatsoever, including, without restricting the generality thereof

(a) through the exercise of any right or power arising under or pursuant to the articles (or other incorporating instruments) or by-laws of the corporation or any debt obligation of the corporation or any evidence or certificate evidencing the same, or arising under or pursuant to any agreement;

(b) through the direct or indirect ownership of the securities (including, without limitation, the shares) of the corporation; or

(c) through the right to elect a majority of the directors of the corporation.

Deemed control or ownership.

1(3)

For the purposes of this Act

(a) where a corporation is controlled in fact by persons who are not farmers, the resident spouses of farmers or the resident children of farmers or any combination thereof, and is also controlled in fact by farmers, the resident spouses of farmers or the resident children of farmers or any combination thereof, that corporation shall be conclusively deemed to be controlled in fact by those persons who are not farmers, the resident spouses of farmers or the resident children of farmers or any combination thereof, and shall be conclusively deemed not to be controlled in fact by farmers, the resident spouses of farmers or the resident children of farmers or any combination thereof;

(b) a person who has a right under a contract, whether written or oral and whether express or implied, in equity or otherwise, either immediately or in the future and either absolutely or contingently, to, or to acquire, shares of a corporation, or to control the voting rights attaching to shares of a corporation, shall be conclusively deemed to have the same position in relation to the control of the corporation as if he owned the shares;

(c) the holding of any partial interest in farm land whether or not jointly or in common with another is conclusively deemed to be the holding of the whole of such interest in the farm land.

Unrestricted ownership.

2

Without restriction or limitation

(a) a resident;

(b) a family farm corporation;

(c) a municipality;

(d) a local government district; or

(e) an agency of the government;

may, directly or indirectly, take, acquire, receive or hold any interest in farm land.

Existing holdings.

3(1)

An interest in farm land held by a person on September 26, 1984 may continue to be so held, if and to the extent that person was entitled to hold that interest at the time he took, acquired or received it.

Certain acquisitions permitted.

3(2)

Where, on September 26, 1984, a person, other than a person referred to in section 2, holds aggregate interests in farm land in excess of 10 acres, and as a result of any actual or proposed sale, lapse or other disposition or termination of any of his interests in whole or in part whenever taken, acquired or received, his aggregate interests in farm land are or would be less than they were on that date, such person from time to time may acquire another interest in farm land if it is of a nature similar thereto, and if the interest is a lease, if it is also of a duration similar thereto, provided the acquisition would result in such person having aggregate interests in farm land not in excess of those held by him on the coming into force of this Act, or not in excess of such greater amount as the board may by order allow.

Exemptions granted by the board.

3(3)

The board may on application or on its own initiative, subject to any regulations and to such terms and conditions as it may impose, by order, and pursuant to and in accordance with the exemption guidelines established by regulation, exempt a person, class of persons, farm land, class of farm land, interest in farm land or class of interest in farm land, from all or any part of this Act.

Debt obligations.

3(4)

Subject to subsection (5), an interest in farm land that is solely a bona fide debt obligation may be taken, acquired, received and held by any person.

Further rules regarding debt obligations.

3(5)

Where there are reasonable grounds for so doing, the board may determine that an interest in farm land purportedly solely a bona fide debt obligation is, in substance, whether having regard only to the instrument purportedly representing the interest, or having regard also to other instruments, interests or arrangements that should reasonably be regarded as being part thereof or collateral thereto, and having regard to the source of funds used for the acquisition of the interest, an interest in farm land other than solely a bona fide debt obligation, and, subject to subsection 16(1), the determination, which shall be in the form of an order, is conclusive for all purposes of this Act other than for the purposes of section 15.

Realization of security.

3(6)

A person may take, acquire, receive or hold an interest in farm land by the realization, quit claim, settlement or otherwise in connection with the enforcement of a mortgage or other encumbrance thereon, but if the taking, acquiring, receiving or holding results in the person holding interests in farm land other than in accordance with section 2 or 3, apart from this subsection, the person shall within three years from the taking, acquiring, receiving or holding of the interest, reduce his aggregate interests in farm land, whether held directly or indirectly, to not more than 10 acres.

Provisions on change of residence.

3(7)

Where an interest in farm land is held by any person, and as a result of a change in the residence of a person who was a resident 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 residence reduce his aggregate interests in farm land, whether held directly or indirectly, to not more than 10 acres.

Ownership by retired farmer.

3(8)

A retired farmer or the spouse of a retired farmer may continue to hold all interests in farm land held by that person while that person was a resident.

Retired farmer in family farm corporation.

3(9)

A corporation that was a family farm corporation may continue to hold all interests in farm land held by it notwithstanding that a person whose occupation as a farmer qualified the corporation as a family farm corporation has become a retired farmer, and notwithstanding that transfers of shares of the corporation may have occurred if the transfers, had the retired farmer remained a farmer, would not have caused the corporation to have lost its status as a family farm corporation, but not otherwise.

Other share ownership in family farm corporation.

3(10)

A corporation that was a family farm corporation may continue to hold all interests in farm land held by it notwithstanding that a person who was a shareholder of the family farm corporation has died, if the shares in the corporation that were owned by such person immediately before his death, pass by devise or on an intestacy, or by right of survivorship to a natural person, wherever resident, for as long as those shares remain owned by that natural person, but not otherwise.

Court orders.

3(11)

A person may take, acquire, receive or hold an interest in farm land as a consequence of and in conformity with a final order of a court, if the order has the force of law in Manitoba, but if the taking, acquiring, receiving or holding results in the person holding interests in farm land other than in accordance with section 2 or 3, apart from this subsection, the person shall, within three years from the taking, acquiring, receiving or holding of the interest, reduce his aggregate interests in farm land, whether held directly or indirectly, to not more than 10 acres.

Executors, etc.

3(12)

A person acting in the capacity of an executor or administrator or a trustee in bankruptcy of the estate of another person may take, acquire, receive or hold an interest in farm land, for so long as is reasonably necessary to perform his duties as executor, administrator or trustee in bankruptcy.

Inheritance, etc.

3(13)

A natural person, wherever resident, may, by devise or on an intestacy, or by right of survivorship, take, acquire, receive or hold an interest in farm land arising on the death of a resident, a retired farmer or the spouse of a retired farmer.

Relatives, etc.

3(14)

A natural person, wherever resident, may take, acquire, receive or hold an interest in farm land if the interest is conveyed to the natural person by 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 if the natural person is the spouse, child, grandchild, brother, sister, nephew or niece of the person conveying the interest.

Certain limitations on ownership.

4

Any person may, directly or indirectly, take, acquire, receive or hold any interest in farm land

(a) in conformity with the provisions of section 2 or 3; or

(b) which would result in that person having, directly or indirectly, interests in farm land that do not exceed 10 acres in the aggregate;

but not otherwise.

Mandatory divestiture.

5(1)

Where a person takes, acquires, receives or holds an interest in farm land contrary to any provision of this Act, the person shall forthwith reduce his aggregate interests in farm land, whether held directly or indirectly, to not more than 10 acres.

Special provision.

5(2)

Notwithstanding subsection (1), if a person is a family farm corporation, and as a result of a change in occupation of a farmer the person is no longer a family farm corporation, and if subsection 3(9) does not apply, the person shall within three years from the date of the change of occupation reduce its aggregate interests in farm land, whether held directly or indirectly, to not more than 10 acres.

Continuation of board.

6(1)

The Manitoba Farm Lands Ownership Board consisting of not more than five members appointed by the Lieutenant Governor in Council is continued.

Term of office.

6(2)

Unless a member sooner dies, resigns, or is removed from office, each member shall serve for such period as is specified in the order by which he is appointed and thereafter until his successor is appointed.

Chairman and vice-chairman.

6(3)

The Lieutenant Governor in Council shall designate one of the members of the board to be chairman and another to be vice-chairman thereof.

Remuneration and expenses.

6(4)

The chairman, vice-chairman and each other member of the board shall be paid such remuneration as may be fixed by the Lieutenant Governor in Council and in addition each member may be paid such reasonable out-of-pocket expenses incurred by him in the performance of his duties as a member of the board as may be approved by the minister.

Meetings.

6(5)

The board shall meet at the call of the chairman or at the direction of the minister.

Quorum.

6(6)

A majority of the members of the board, including the chairman or vice-chairman, constitutes a quorum at any meeting of the board.

Validity of acts where a vacancy exists.

6(7)

The fact that there are vacancies in the membership of the board does not affect the validity of any act or thing done by or in the name of the board.

Duties of chairman and vice-chairman.

6(8)

The chairman shall preside at all meetings of the board; but when the office of chairman is vacant or in the case of illness, absence from the province, or incapacity from any other cause or act, or on the request of the minister or the chairman, the vice-chairman shall act as chairman and while so acting, the vice-chairman has all the powers and authority and shall discharge all the duties of the chairman.

Chief executive officer.

6(9)

The Lieutenant Governor in Council may appoint an executive director, who shall be the chief executive officer of the board and may act for, on behalf of, and in the name of the board in the execution, performance and carrying out of any act, matter or thing that is within the power of the board subject only to such express directions and decisions as may be given or made by resolution of the board passed at a duly constituted meeting thereof.

Evidence as to signature of chairman.

6(10)

Any order, direction, or other document whatsoever, purporting to be signed by the chairman, vice-chairman or executive director shall be admitted as prima facie proof of the contents thereof without any proof of the signature of the chairman, vice-chairman or executive director or of the authority of the chairman, vice-chairman or executive director to sign it.

Time and place of meetings.

6(11)

The board shall sit at such times and places within the province as the chairman may designate, and shall conduct its proceedings in such manner as may seem to it most convenient for the speedy and efficient dispatch of business.

Rules.

7(1)

All hearings conducted by the board and all proceedings of the board shall be governed by rules adopted by the board.

Rules of evidence.

7(2)

The board is not bound by the technical rules of evidence.

Powers of board.

8(1)

The board shall perform the duties and functions, and may exercise the rights imposed upon or granted to it under this Act, or any other Act of the Legislature and it shall discharge, perform and carry out such other duties and functions as may from time to time be assigned to it by the Lieutenant Governor in Council or by the minister.

Further powers of the board.

8(2)

Without restricting the generality of subsection (1) the board may

(a) administer and enforce this Act and the regulations;

(b) carry out surveys, research programs and obtain statistics for the purposes of the board;

(c) conduct hearings or authorize any person, including any member of the board, to conduct investigations, and determine and prescribe the scope thereof where the board has reason to believe that a person has taken, acquired, received or holds an interest in farm land in contravention of this Act;

(d) require any person taking, acquiring, receiving or holding an interest in farm land, or proposing to do so, to submit to it at such time and from time to time as it may require, such information in such form as it may require;

(e) require any person taking, acquiring, receiving or holding an interest in farm land to submit to it, annually, such information in such form as it may require;

(f) upon application made to it, furnish to the applicant a ruling by way of order as to whether or not a proposed or existing interest in farm land would be or is taken, acquired, received or held contrary to this Act, and subject to subsection 16(1), the order is conclusive for all purposes of this Act other than for the purposes of section 15;

(g) extend the time stipulated in this Act for the divestiture of any particular interest in farm land;

(h) prescribe forms and the contents thereof to assist the board in the administration of this Act and the regulations.

Powers of board under Evidence Act.

8(3)

Subject to subsection (4), for the purpose of carrying out its duties and functions, the board has the like protection and powers, and is subject to like requirements, as are conferred on. or required of, commissioners appointed under Part V of The Manitoba Evidence Act.

Application of section 86 of Manitoba Evidence Act.

8(4)

Section 86 of The Manitoba Evidence Act does not apply to the board.

Report to minister.

8(5)

Where the board has conducted a hearing, it shall submit a report of its findings, comments and recommendations to the minister.

Annual report.

8(6)

The board shall, on or before the last day of September in each year, transmit to the minister a report for the fiscal year ending March 31 of that year, respecting the work of the board in the fiscal year.

Report to legislature.

8(7)

The minister shall lay before the Legislative Assembly each report received by him under subsection (6).

Determination of contravention.

9(1)

Where there are reasonable grounds for so doing, and upon prior notice to all persons affected, and after having given any of such persons who so requests a reasonable opportunity to be heard, the board may, by order, determine that an interest in farm land has been or is taken, acquired, received or held in contravention of this Act.

Conclusiveness.

9(2)

Subject to subsection 16(1), any order of the board under subsection (1) is conclusive for all purposes of this Act other than for the purposes of section 15.

Review of orders.

9(3)

The board may review, rescind, change, alter or vary any decision or order made by it.

Service of notice or order.

9(4)

The notice or order referred to in subsection (1) shall be in writing and may be served personally or by registered or certified mail addressed to the person named therein.

Deemed date of service.

9(5)

A notice or order served by registered or certified mail under subsection (4) shall be deemed to be served two working days after the date of the receipt of the postmaster for the envelope containing the notice or order.

Substitutional service.

9(6)

Where the address of the person to be served with a notice or order under subsection (4) is unknown, or the board is for any reason unable to effect prompt service of the notice or order, the board may apply ex parte to a judge of the Court of Queen's Bench for an order for substitutional service of the notice or order in such manner as the court may direct.

Onus.

10

For all purposes of this Act other than for the purposes of section 15, the onus of establishing that an interest in farm land will not be, or is not, taken, acquired, received or held contrary to this Act, lies on the person taking, acquiring, receiving or holding, or proposing to take, acquire, receive or hold, such interest in farm land.

Investigations.

11(1)

For the purposes of an investigation under clause 8(2)(c), the person conducting the investigation may

(a) demand the production of and inspect all or any of the books, documents, papers, correspondence, records or things of a person in respect of whom the investigation is being made, or of any person representing or acting on behalf of or as agent for such person, that are relevant to the subject matter of the investigation; and

(b) inquire into, investigate and examine negotiations, transactions, loans or borrowings made by, on behalf of or in relation to the person in respect of whom the investigation is being made, and property, assets or things owned, acquired or alienated in whole or in part by him, or by any person representing or acting on behalf of or as agent for him, that are relevant to the subject matter of the investigation.

Compulsory production of books, etc.

11(2)

Any person who has the custody, possession or control of any books, documents, papers, correspondence, records or things demanded under subsection (1) shall produce them to, and permit them to be inspected by, the person conducting the investigation.

Obstruction, etc. prohibited.

11(3)

No person shall obstruct or impede any person conducting an investigation under this Act or withhold, conceal or destroy any books, documents, papers, correspondence, records or things relevant to the subject matter of the investigation.

Issuance of search warrant.

11(4)

Where a provincial judge is satisfied, by information on oath of a member of the board or of the person conducting an investigation under this section

(a) that the investigation has been authorized and that the person is authorized to conduct it; and

(b) that there are reasonable and probable grounds to believe that there are, in any building, dwelling house, receptacle or place, any books, documents, papers, correspondence, records or things relating to the person whose affairs are being investigated, and to the subject matter of the investigation;

the judge may, whether or not an inspection has been made or attempted under subsection (1), issue a warrant authorizing the person conducting the investigation to enter and search the building, dwelling house, receptacle or place described in the warrant, by force if necessary, for such books, documents, papers, correspondence, records or things, and to examine them.

Time of entry.

11(5)

Any entry and search conducted under the authority of a warrant issued pursuant to subsection (4) shall be made between the hours of 8:00 a.m. and 8:00 p.m., unless the judge otherwise orders.

Police to be present in search.

11(6)

A person conducting a search under the authority of a warrant issued pursuant to subsection (4) shall be accompanied by a member of a municipal police force or the Royal Canadian Mounted Police.

Removal of books etc., for making copies.

11(7)

A person conducting an investigation pursuant to this section may, upon giving or leaving a general receipt therefor, remove any books, documents, papers, correspondence, records or things mentioned in subsection (1) or (4) for the purpose of examining, or making copies or tests of, those books, documents, papers, correspondence, records or things.

Prompt return of books etc.

11(8)

Any books, documents, papers, correspondence, records or things retained pursuant to subsection (7) shall be promptly returned to the person whose affairs are being investigated unless they are required for the purposes of evidence in a proceeding under this Act, in which case the board shall, upon request and without charge, furnish to that person copies of any books, documents, papers, correspondence, records or things so retained.

Admissibility of copy as evidence.

11(9)

A copy mentioned in subsection (8), certified to be a true copy by the person conducting the investigation, is admissible in evidence in any proceeding as prima facie proof of the original books, documents, papers, correspondence, records or things, and of their contents, without proof of the signature or office of the person purporting to have certified the copy.

Report of investigation to board.

11(10)

The person conducting an investigation under this section shall submit a written report of the result of his investigation to the board.

Confidentiality.

12

Information obtained by or furnished to the board or any member, employee or agent of the board shall not be communicated by the board or member, employee or agent other than for the purposes of or in connection with this Act or as required by law.

Liability of members, officers, etc.

13(1)

Members of the board, the chairman, officers, or employees of the board and persons acting under the instructions of any of them or under the authority of this Act or the regulations, are not personally liable for any loss or damage suffered by any person by reason of anything in good faith done, caused, permitted, or authorized to be done, or omitted to be done, by them, pursuant to, or in exercise of, or supposed exercise of, the powers given by this Act or the regulations.

Reports by one member.

13(2)

The board or the chairman may authorize a member to report to the board upon any question or matter arising in connection with the business of the board; and that member, where so authorized, has all the powers of the board for the purpose of taking evidence or acquiring the necessary information for the purpose of any investigation and report by the board; and the board may adopt the report as that of the board, or otherwise deal with it in the absolute discretion of the board.

Failure to comply with Act or order.

14

Where a person fails to comply with this Act or with any order of the board, the board may apply to a judge of the Court of Queen's Bench for an order requiring the person to comply with this Act or the order or both; and the judge may also make one or more of the following orders:

(a) an order for the sale or other disposition of the interest in farm land taken, acquired, received or held contrary to this Act or the order;

(b) an order for the extinguishment of the interest in farm land taken, acquired, received or held contrary to this Act or the order;

(c) an order for the distribution, in such manner and to such persons as he may think just, of the proceeds of any sale, disposition or extinguishment ordered by him;

(d) an order declaring void any instrument or document by which an interest in farm land is taken, acquired, received, or held contrary to this Act or the order;

(e) an order directing a district registrar to cancel a certificate of title and duplicate thereof and to issue a new certificate of title and duplicate thereof in the name of such person 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.

Offences and penalties.

15(1)

Every person who

(a) contravenes any provision of this Act or the regulations; or

(b) hinders or misleads a person authorized to carry out an investigation under this Act; or

(c) furnishes false information to a person referred to in clause (b); or

(d) hinders or prevents the board from effectively carrying out its duties and powers under this Act; or

(e) fails, refuses or neglects to comply with an order or decision of the board;

is guilty of an offence, and in addition to any other penalty provided by this Act, is liable, on summary conviction, to a fine not exceeding $50,000. and to such costs as may be awarded by the court.

Offence and penalty for aiding or abetting.

15(2)

Every person who

(a) does or omits to do anything for the purpose of aiding or abetting another person; or

(b) advises another person;

to commit an offence under this Act, is guilty of an offence and is liable, on summary conviction, to the penalties set out under subsection (1).

Offence by an officer, etc. of corporation.

15(3)

Where a corporation is guilty of an offence under this Act, any officer, director or agent of the corporation who directed, authorized, participated in, or acquiesced in, the commission of the offence, is party to and is also guilty of the offence and is liable, on summary conviction, to the penalties set out under subsection (1).

Time for prosecutions.

15(4)

Notwithstanding the provisions of any other Act of the Legislature, a prosecution for an offence under this Act may be commenced at any time within two years after the date of the alleged offence and a prosecution for an offence under this Act which relates to or arises out of any misrepresentation or fraud on the part of the accused, may be commenced at any time before the expiration of two years after the date on which the misrepresentation or the fraud became known to the minister or the board.

Appeal.

16(1)

Any person affected by any order of the board, other than an order under subsection 3(3) which order is final and binding and from which no appeal may be taken, may appeal the order within 30 days of the date thereof, to a judge of the Court of Queen's Bench who, upon hearing the appeal, may make such order as to him seems just.

Service of notice.

16(2)

The appeal shall be by notice of motion and a copy thereof shall be served upon the board and upon such other persons as may be ordered by the judge, not less than 10 days before the day on which the motion is returnable.

Stay of operation of certain decisions.

16(3)

The taking of an appeal under subsection (1) does not stay the operation of the order appealed against; but a judge of the Court of Queen's Bench may, upon an appeal of the order, stay the operation thereof and may prescribe terms and conditions to which the stay may be subject.

Regulations.

17

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 but not defined herein;

(b) prescribing forms and the contents thereof for use under this Act;

(c) exempting persons, classes of persons, farm land, classes of farm land, interests in farm land and classes of interests in farm land 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; and

(d) establishing exemption guidelines for the purposes of subsection 3(3).

Precedence over sec. 1 of Law of Property Act.

18(1)

The provisions of this Act prevail over section 1 of The Law of Property Act.

Subject to The Planning Act.

18(2)

The provisions of this Act are subject to the provisions of The Planning Act and to the provisions of any other Act as may be specified in the regulations.