- Several separate rule sets can apply to an outside buyer, including tax registration, foreign investment review and any franchise or business name requirements.
- Foreign investment review thresholds are very high, but a foreign buyer still deals with the Investment Canada Act below them.
- Your immigration status and any land included in the deal are separate questions that should be confirmed before you sign.
If you are new to Canada, here on a temporary status, or buying from another province or country, you may wonder whether you are allowed to own a Saskatchewan business at all. The answer usually depends on what you are buying, how the deal is structured and who you are.
This article walks through the Saskatchewan and federal points that tend to matter to outside buyers. It does not cover immigration or work permit rules in detail, because those depend on your personal status and should be confirmed with a lawyer or an authorized immigration representative.
This article covers the law of Saskatchewan.
Ownership and immigration status are separate questions
Buying a business and having permission to work in it are not the same thing. Owning a company, or its assets, may be possible for you, while working in the business day to day can depend on the conditions of your permit or status.
Before you sign, ask whether your plan involves you working in the business, living in Canada because of it, or simply investing. Each can raise different federal immigration questions, and the answer depends on your own file.
Foreign investment review under the Investment Canada Act
If you are a foreign investor acquiring control of a Canadian business, the Investment Canada Act can apply. For 2026, the review thresholds for direct acquisitions are $1.452 billion in enterprise value for WTO private-sector investors and $2.179 billion for trade-agreement private-sector investors.
For WTO state-owned-enterprise investors, the threshold is $578 million in asset value. These thresholds apply only to net-benefit review, are indexed annually and are published in the Canada Gazette, and a foreign buyer below them still deals with the Act.
Competition Act pre-merger notice is a separate matter. It is generally required only if the target's Canadian assets or revenue exceed $93 million and the parties' combined Canadian assets or related revenue exceed $400 million, and most small Saskatchewan deals fall well below this.
Tax points that can affect an outside buyer
In an asset purchase, buyer and seller may jointly elect under Excise Tax Act s. 167(1) so that no GST/HST is payable on the sale, but the election is unavailable if the seller is a GST/HST registrant and the buyer is not. A newcomer buyer may therefore need to be registered before closing.
Saskatchewan PST is payable on both new and used business assets, and if the seller did not collect it, the buyer must calculate it and remit it to the Ministry of Finance. For assets bought to start operations in Saskatchewan, the buyer files the Business Assets Declaration form within 30 days of the purchase date.
If the seller is a non-resident of Canada, section 116 of the Income Tax Act can matter to you as the purchaser. Where taxable Canadian property is bought from a non-resident vendor without a CRA certificate, the purchaser may become liable for the vendor's tax and may withhold 25% of the proceeds, or 50% on certain types of property.
Registrations and special situations
- Business name: an unincorporated business registers its name under The Business Names Registration Act through the Saskatchewan Corporate Registry, and registration renews every three years.
- CRA records: changes in owners or directors must be reported to the tax services office, and a buyer may need a new business number.
- Franchise: if the business is a franchise, the franchisor must give a disclosure document at least 14 days before any agreement is signed or any payment is made.
- Land: if farmland or other real property is part of the deal, ask whether any ownership restrictions apply to you before you commit.
What to do next
- Confirm your immigration status and permit conditions with a lawyer or authorized immigration representative.
- Ask whether the deal is a share or asset purchase and whether any land is included.
- Find out whether you need GST/HST registration before closing.
- Check whether the seller is a non-resident of Canada.
- Confirm the business name registration and plan your own.
A lawyer and an accountant can review the structure with you before you sign anything binding.
Frequently asked questions
Can a non-resident buy a business in Saskatchewan?
There is no single yes or no answer, because it depends on the business, the structure and your status. A foreign investor acquiring control of a Canadian business still deals with the Investment Canada Act, even below the review thresholds. Confirm the specifics with a lawyer.
Does a temporary resident need a work permit to run the business they buy?
That is a federal immigration question that depends on your status and permit conditions. Buying a business and being allowed to work in it are separate issues, so confirm this before you sign.
Will a small Saskatchewan business purchase need federal review?
Most small deals fall well below the Competition Act notice threshold of $93 million. Foreign buyers should still check the Investment Canada Act, whose 2026 review thresholds are far higher but which can still apply to them.
Do I need to be registered for GST/HST to buy a business?
If you want the s. 167 election so no GST/HST is payable on an asset purchase, you generally need to be a registrant when the seller is one, because the election is unavailable if the seller is registered and the buyer is not.
Sources
- Excise Tax Act, s. 167 — Justice Laws (federal)
- Government of Saskatchewan – Pay PST on your business assets — saskatchewan.ca
- CRA – Disposing of or acquiring certain Canadian property — canada.ca
- Competition Bureau – 2026 threshold news release — canada.ca
- ISED – Investment Canada Act thresholds — ised-isde.canada.ca
- Government of Saskatchewan – Franchise disclosure legislation news release — saskatchewan.ca
- ISC – Corporate Registry (Business Names Registration Act) — isc.ca
- CRA – Buying a business — canada.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a buying & selling a business question
Buying or selling a business with us is from $3,328.89, tax included. Third-party fees are extra.