Foreign Ownership of Land Regulations (SOR/79-416)

Regulations are current to 2014-12-08

Foreign Ownership of Land Regulations

SOR/79-416

CITIZENSHIP ACT

THE AGRICULTURAL AND RECREATIONAL LAND OWNERSHIP ACT (ALBERTA)

Registration 1979-05-22

Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta

The Lieutenant Governor in Council, on the recommendation of the Associate Minister of Public Lands and Wildlife, pursuant to subsections 33(2) and 33(3) of the Citizenship Act (Canada), sections 2, 4 and 5 of The Agricultural and Recreational Land Ownership Act (Alberta), sections 25.1, 146, 156, 167 and 177 of The Companies Act (Alberta), sections 4 and 24 of The Co-operative Associations Act (Alberta), sections 6 and 64 of The Credit Union Act (Alberta), sections 13 and 26 of The Religious Societies’ Land Act (Alberta) and sections 7 and 25 of The Societies Act (Alberta), hereby makes the annexed Regulations respecting the Ownership of Agricultural and Recreational Land in Alberta and repeals the Foreign Ownership of Land (Temporary) Regulations made by Order in Council numbered O.C. 404/77 of April 26, 1977Footnote 1, as amendedFootnote 2.

SHORT TITLE

 These Regulations may be cited as the Foreign Ownership of Land Regulations.

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Citizenship Act (Canada); (Loi)

“controlled land”

“controlled land” means land in Alberta but does not include

  • (a) land of the Crown in right of Alberta;

  • (b) land within the boundaries of a city, town, new town, village or summer village, and

  • (c) mines and minerals; (terrain réglementé)

“corporation”

“corporation” means a corporation with or without share capital; (société)

“foreign controlled corporation”

“foreign controlled corporation” means

  • (a) a corporation incorporated elsewhere than in Canada,

  • (b) in the case of a public corporation whose shares are not traded on a stock exchange in Canada or a private corporation, a corporation

    • (i) the percentage of foreign ownership of which calculated under section 13 is 50% or greater, or

    • (ii) that is the last in a succession of corporations the outstanding shares of each of which are more than 50% owned by its predecessor in the succession of corporations if the outstanding shares of any of the corporations in the succession are more than 50% held by ineligible persons or by any other corporation the percentage of foreign ownership of which calculated under section 13 is 50% or greater, or

  • (c) in the case of a public corporation whose shares are traded on a stock exchange in Canada, a corporation

    • (i) less than 2/3 of whose directors are Canadian citizens or permanent residents, or

    • (ii) in which 50% or more of its outstanding shares are held in blocks of 5% or more by ineligible persons or corporations the percentage of foreign ownership of which calculated under section 13 is 50% or greater; (société sous contrôle étranger)

“ineligible person”

“ineligible person” means

  • (a) an individual who is not a Canadian citizen or a permanent resident,

  • (b) the government of a country other than Canada or a political subdivision of a country other than Canada, or any agency of such government or political subdivision, or

  • (c) a corporation incorporated elsewhere than in Canada; (personne inéligible)

“limited partnership”

“limited partnership” means a limited partnership to which The Partnership Act (Alberta) applies or to which sections 48 to 66 of chapter 230 of the Revised Statutes of Alberta, 1955 continue to apply; (société en commandite)

“Minister”

“Minister” means the Associate Minister of Public Lands and Wildlife; (ministre)

“parcel”

“parcel” means an area of land the boundaries of which are

  • (a) shown on a plan registered or filed in a land titles office, or

  • (b) described in the certificate of title to the land,

and that has not been divided into smaller areas by an instrument or plan registered or filed in a land titles office, other than a registered road plan or right of way plan, or by a natural boundary shown on a plan registered in a land titles office; (parcelle)

“private corporation”

“private corporation” means a corporation incorporated under the laws of Canada or a province of Canada that by its memorandum, articles, by-laws, charter or regulations,

  • (a) in the case of a corporation having share capital,

    • (i) restricts or prohibits the right to transfer any of its shares,

    • (ii) limits the number of its members to 50 or less (exclusive of persons who are in the employment of the corporation, and persons who, having been formerly in the employment of the corporation, were while in that employment and have continued after the termination of that employment to be members of the corporation), but where two or more persons hold one or more shares in the corporation jointly they shall, for the purposes of this definition, be treated as a single member, and

    • (iii) prohibits an invitation to the public to subscribe for any shares or debentures of the corporation, or

  • (b) in the case of a corporation not having share capital,

    • (i) limits the number of its members to 50 or less (exclusive of persons who are in the employment of the corporation, and of persons who having been formerly in the employment of the corporation were, while in that employment and continued after the termination of that employment to be members of the corporation),

    • (ii) prohibits an invitation to the public to become members or to subscribe for debentures of the corporation, and

    • (iii) restricts or prohibits a transfer of the interest of a member in the corporation; (société privée)

“permanent resident”

“permanent resident” means a permanent resident within the meaning of the Immigration Act, 1976 (Canada); (résident permanent)

“public corporation”

“public corporation” means a corporation incorporated under the laws of Canada or a province of Canada that is not a private corporation. (société publique)