Farm Land Security Board in Saskatchewan: Role and When It Gets Involved

If you are buying, selling or lending against farm land in Saskatchewan, the Farm Land Security Board may come up. Many people only learn about it when a deal depends on it.

This article explains what the Board does, what triggers its involvement, and how its decisions can affect a land transaction.

This article covers the law of Saskatchewan.

What the Board is

The Farm Land Security Board is a quasi-judicial tribunal whose members are appointed by the Lieutenant Governor in Council. It administers Part II (farm foreclosure protection), Part III (home quarter protection) and Part VI (farm ownership) of The Saskatchewan Farm Security Act.

Part VI regulates ownership and operation of Saskatchewan farm land by non-Canadian entities.

In plain words, quasi-judicial means the Board makes decisions and orders in a way that resembles a court, even though it is not a court. Because its work covers three different parts of the Act, the reason the Board is involved in one file can be quite different from the reason it is involved in another. Whether it applies to your situation depends on the facts, so it is worth confirming with a lawyer.

Who can hold farm land without an exemption

Canadian citizens, permanent residents of Canada, and corporations or membership organizations that are 100 per cent Canadian-owned and not publicly traded are eligible to hold an interest in Saskatchewan farm land without an exemption. Others may acquire up to 10 acres, and an Exemption is needed only for an acquisition of more than 10 acres. Under the Act, a resident person is a Canadian citizen or a permanent resident of Canada.

A Canadian citizen is treated as a resident even if he or she lives outside Canada.

This matters most when the buyer is a company or a group rather than one person. If any part of the ownership or control is non-Canadian, the buyer may fall outside the list above, and it is sensible to look at who owns and controls the entity before you sign anything.

When the Board becomes involved

• A buyer who is not a citizen or permanent resident, or an entity totally or partly owned or controlled by non-Canadians, must apply for an Exemption before acquiring an interest in more than 10 acres of farm land.
• Non-residents may only acquire 10 acres; a larger acquisition needs an Exemption obtained by the purchaser.
• Farm foreclosures follow a separate process under Part II of the Act, where the Board reviews the foreclosure and mediation is involved before the creditor can go to court.

There is an exception for family transfers. Any amount of farm land can be transferred to a designated relative by a person who has been a resident for five consecutive years and acquired the land while a resident. Designated relatives are children, grandchildren, parents, grandparents, brother, sister, nephew, niece and their spouses.

Foreclosure on farm land is different from foreclosure on other land. For other land in Saskatchewan, a mortgage lender can foreclose only by an action in the Court of King's Bench, and must first give notice to the Provincial Mediation Board. The lender must wait 60 days after notifying that Board before starting the court foreclosure process.

Exemptions, penalties and orders

The Board has developed exemption categories for non-eligible entities, and applicants use either a corporate or a non-resident exemption application form. Individuals with farming experience and capital to invest, for example under the Saskatchewan Immigrant Nominee Program, may qualify if they are serious about relocating to Canada and have a plan to do so.

The Board can order fines and penalties and issue land divestment orders to non-eligible entities. It can levy administrative penalties of up to $10,000 per contravention. The October 2025 regulation amendments name these contraventions:

• A non-Canadian acquiring more than 10 acres.
• A Canadian-owned corporation that becomes non-Canadian owned and does not divest above 10 acres.
• Acquiring land on behalf of a non-Canadian in breach of the Act.
• Failing to comply with an Exemption order's terms.

The amendments also removed the Canada Pension Plan Investment Board's exemption, so it can no longer acquire farm land in Saskatchewan. Pension plans were barred from owning farm land in 2015, and the Canada Pension Plan Investment Board kept about 167,000 acres under a grandfather exemption. These rules are recent and may change again, so confirm the current position before relying on them.

What to do next

• Confirm early whether every buyer, including any corporation, meets the ownership rules.
• If an Exemption is needed, make it a condition of the purchase and allow time for the application.
• Lenders should check whether a foreclosure involves farm land, since that follows a separate process.
• Ask a lawyer how a family transfer or a corporate structure fits the rules.

Gather the details of who owns and controls each buyer, how many acres are involved, and whether the land is being transferred within a family. Having those facts ready makes it easier for a lawyer to tell you whether an Exemption is likely to be needed and what the timing might look like.

Frequently asked questions