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

8 (1) Subject to subsection (2), these Regulations, except for sections 22 to 25, do not apply in respect of the following:

• (a) a right of entry order under The Surface Rights Act (Alberta);

• (b) an interest in controlled land acquired for a purpose for which a right of entry order under The Surface Rights Act (Alberta) may be granted;

• (c) the taking or acquisition of an interest in controlled land for the purpose of establishing an industrial, processing, manufacturing, commercial or transportation facility if the area of controlled land in respect of which the interest is taken or acquired does not exceed 80 acres for any separate facility;

• (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);

• (e) the taking or acquisition of an interest in controlled land for the purpose of extracting sand, gravel, clay or marl if the area of controlled land in respect of which the interest is taken or acquired does not exceed 160 acres for any separate project or development;

• (f) the taking or acquisition of an interest in controlled land for the purpose of establishing a residence or carrying out a residential development if

  • (i) in the opinion of the Minister or any person authorized by him, the land is located in an area in which the establishment of a residence or subdivision for the purposes of residential development is or will likely be permitted, and

  • (ii) the area of controlled land in respect of which the interest is taken or acquired does not exceed

    • (A) in the case of a single residence, 20 acres, or

    • (B) in the case of a residential development, 80 acres for any separate development;

• (g) the taking or acquisition of an interest in controlled land pursuant to section 30 of The Water, Gas, Electric and Telephone Companies Act (Alberta);

• (h) the taking or acquisition of an interest in controlled land by a foreign state for diplomatic or consular purposes;

• (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;

• (j) an order of a court charging an interest in controlled land for the benefit of a spouse or child of the owner of that interest in controlled land;

• (k) a burial lot or plot to which The Cemeteries Act (Alberta) applies.

(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.