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Foreign Ownership of Land Regulations - SOR/79-416 (FORM 4 : Foreign Ownership of Land Regulations)

Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta

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affecting the land described as

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- A Persons or Corporations which are not ineligible persons or foreign controlled corporations
  
  I (We) am (are) or the transferee(s), transmittee(s), caveator(s) or lessee(s) is (are) acting as trustee(s) for (or acting on behalf of) of who will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and who is (are) a Canadian citizen(s) or permanent resident(s) within the meaning of the Immigration Act, 1976 (Canada). Date Landed: .
  
  [...]
  - Return to footnote ^*If there is a succession of trustees then the ultimate beneficiary must be named in the body of this declaration and a description of the succession must be attached as an exhibit forming part of the declaration.
  [...]
  
  I (We) am (are) or the transferee(s), transmittee(s), caveator(s) or lessee(s) is (are) acting as trustee(s) for (or acting on behalf of) of which will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and which is (are) not a “foreign controlled corporation(s)” or “foreign controlled limited partnership(s)” as defined in the Foreign Ownership of Land Regulations.
  
  [...]
  
  The Corporation(s), , is (are) acting as trustee(s) for (or acting on behalf of) of who will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person who is (are) a Canadian citizen(s) or permanent resident(s) within the meaning of the Immigration Act, 1976 (Canada). Date Landed: .
  
  [...]
  
  The Corporation(s), , is (are) acting as trustee(s) for (or acting on behalf of) of which will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and which is (are) not a “foreign controlled corporation(s)” or “foreign controlled limited partnership(s)” as defined in the Foreign Ownership of Land Regulations.
- B Ineligible Persons or Foreign Controlled Corporations
  
  I (We) am (are) or the transferee(s), transmittee(s), caveator(s) or lessee(s) is (are) acting as trustee(s) for (or acting on behalf of) from the Country of who will hold the interest in the land beneficially and who is (are) not a permanent resident(s) within the meaning of the Immigration Act, 1976 (Canada).
  
  [...]
  
  I (We) am (are) or the transferee(s), transmittee(s), caveator(s) or lessee(s) is (are) acting as trustee(s) for (or acting on behalf of) of which will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and which is a “foreign controlled corporation(s)” or “foreign controlled limited partnership(s)” as defined in the Foreign Ownership of Land Regulations. The majority of the shares or memberships are held by persons from the Country of .
  
  [...]
  
  The Corporation(s), , is (are) acting as trustee(s) for (or acting on behalf of) from the Country of who will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and who is (are) not a permanent resident(s) within the meaning of the Immigration Act, 1976 (Canada).
  
  [...]
  
  The Corporation(s), is (are) acting as trustee(s) for (or acting on behalf of) of which will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and which is a “foreign controlled corporation(s)” or “foreign controlled limited partnership(s)” as defined in the Foreign Ownership of Land Regulations. The majority of the shares or memberships are held by persons from the Country of .
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- 2 The true consideration paid or payable in respect of the transactionFootnote ^* is as follows:
(give full details of purchase or rental as applicable, including total price paid)
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- 4 The Appendix “A” annexed hereto correctly sets forth the required information for the corporation as of the date of this declaration. Information on shares for a public corporation may be computed as of a specific time as long as that time is within 3 months of the date of the transaction being registered, however, the balance of the declaration must be as of the date of the declaration is sworn.

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AND I (WE) MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

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Return to footnote ²If any of the shares are held in trust or any of the rights attached to the shares are controlled through a contract or other arrangement by a person who does not own the share then list the person(s), who is (are) the ultimate beneficial owner(s) or who controls the rights attached to the shares, stating his (her or their) citizenship status and if a permanent resident the information as in one above.

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Foreign Ownership of Land Regulations - SOR/79-416 (FORM 2 : Foreign Ownership of Land Regulations)

Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta

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affecting the land described as

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is (are) the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described instrument; will hold the interest in the land beneficially and not as a trustee(s) and not on behalf of any person; and is (are) not a “foreign controlled corporation(s)” as defined in the Foreign Ownership of Land Regulations. I am a person authorized under section 22(2) of the Foreign Ownership of Land Regulations to sign on behalf of the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described instrument.
- 2 The true consideration paid or payable in respect of the transactionFootnote ^* is as follows:
(give full details of purchase or rental as applicable, including total price paid)
[...]
- 4 The Appendix “A” annexed hereto correctly sets forth the required information for the corporation as of the date of this declaration. Information on shares for a public corporation may be computed as of a specific time as long as that time is within 3 months of the date of the transaction being registered, however, the balance of the declaration must be as of the date the declaration is sworn.
[...]

AND I (WE) MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

[...]

[...]
Return to footnote ² If any of the shares are held in trust or any of the rights attached to the shares are controlled through a contract or other arrangement by a person who does not own the share then list the person(s), who is (are) the ultimate beneficial owner(s) or who controls the rights attached to the shares, stating his (her or their) citizenship status and if a permanent resident the information as in one above.

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Foreign Ownership of Land Regulations - SOR/79-416 (FORM 5 : Annual Corporate Report of Corporations Owning Controlled Land)

Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta

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1 Is the Corporation a foreign controlled Corporation (as defined in the RegulationFootnote ^*)? Yes No .
2 Does the Corporation own controlled land (as defined in the RegulationFootnote ^*)? Yes No .

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Shareholder an ineligible person (as defined in the RegulationFootnote ^*)?
Shareholder an ineligible person (as defined in the RegulationFootnote ^*)?
Shareholder an ineligible person (as defined in the RegulationFootnote ^*)?
Shareholder an ineligible person (as defined in the RegulationFootnote ^*)?
Shareholder an ineligible person (as defined in the RegulationFootnote ^*)?
Shareholder an ineligible person (as defined in the RegulationFootnote ^*)?

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If (We) of solemnly declare that I am (President, Secretary, Director, Officer, Solicitor) of the Corporation and that the information set forth above is correct as of the date of this declaration and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath.

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Foreign Ownership of Land Regulations - SOR/79-416 (FORM 3 : Foreign Ownership of Land Regulations)

Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta

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affecting the land described as

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- 1 I (We) am (are) the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above instrument and will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and I (we) am (are) a citizen(s) of the country of and am (are) not a permanent resident(s) within the meaning of the Immigration Act, 1976 (Canada).
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I am a member of the Law Society of Alberta and am the solicitor for the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described instrument who will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person and who is (are) a citizen(s) of the country of and is (are) not a permanent resident(s) within the meaning of the Immigration Act, 1976 (Canada).

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is (are) the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described instrument; will hold the interest in the land beneficially and not as trustee(s) and not on behalf of any person; and is (are) a “foreign controlled corporation(s)” as defined in the Foreign Ownership of Land Regulations. The majority of the shares or memberships are held by persons from the country of . I am a person authorized under section 22(2) of the Foreign Ownership of Land Regulations to sign on behalf of the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described instrument.
[...]
- 3 The true consideration paid or payable in respect of the transactionFootnote ^* is as follows:
(give full details of purchase or rental as applicable, including total price paid)

[...]

AND I (WE) MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath.

[...]

Foreign Ownership of Land Regulations - SOR/79-416 (Section 8)

Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta

8 (1) Subject to subsection (2), these Regulations, except for sections 22 to 25, do not apply in respect of the following:
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- (d) the taking or acquisition of an interest in controlled land for the purpose of the construction of
  - (i) a pipeline, a processing plant, an installation, a manufacturing plant, a marketing plant, or a refinery as those words are defined in The Pipeline Act, 1975 (Alberta), or
  - (ii) a transmission line, power plant or an electric distribution system as defined in The Hydro and Electric Energy Act (Alberta), or
  - (iii) a system as defined in The Alberta Government Telephones Act (Alberta);
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- (i) the taking or acquisition of an interest in controlled land by a person as the executor or administrator of the estate of a deceased person;
(2) If an interest in controlled land is taken or acquired by an ineligible person or foreign controlled corporation for any of the purposes set out in paragraphs (1)(b) to (f), the ineligible person or foreign controlled corporation, or any associated corporation to which the interest in controlled land is transferred under section 12, shall
- (a) divest himself or itself, as the case may be, of the interest in controlled land within three years of completion or termination of the purpose set out in paragraphs (1)(b) to (f) for which the interest was taken or acquired,
- (b) if reclamation is required in respect of the land, divest himself or itself, as the case may be, of the interest in controlled land within three years of the completion of the reclamation,
- (c) if the purpose set out in paragraphs (1)(b) to (f) for which the interest was taken or acquired is not proceeded with, divest himself or itself, as the case may be, of the interest in controlled land within three years of the time at which the ineligible person or foreign controlled corporation, in the opinion of the Minister or any person authorized by him, became aware that the purpose would not proceed, or
- (d) if an interest in more than the required area of controlled land is taken or acquired and the area of controlled land actually required is less than 50% of the area taken or acquired and may be separated from the area not required, subdivide off the area not required and divest himself or itself, as the case may be, of the interest in controlled land in respect of the area of controlled land so subdivided off within three years of it being so subdivided off.

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