O.C. 212/2020

A.R. 115/2020

July 22, 2020


            The Lieutenant Governor in Council makes the Foreign Ownership of Land Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Service Alberta

Authority:                             Citizenship Act (Canada) (section 35)
                                                Agricultural and Recreational Land Ownership Act (section 2)


 

APPENDIX

Citizenship Act (Canada)
and
Agricultural and Recreational Land
Ownership Act (Alberta)

FOREIGN OWNERSHIP OF LAND
AMENDMENT REGULATION

1   The Foreign Ownership of Land Regulations (AR 160/79) are amended by this Regulation.

 

2   The following is added after section 22:

22.1   For the period commencing on August 15, 2020 up to and including February 28, 2021, the forms referred to in column 2 below may be used instead of the forms referred to in column 1 if the forms are being executed remotely by two-way video conferencing before a lawyer in and for the Province of Alberta.

Column 1

Column 2

Form 1

Form 1.1

Form 2

Form 2.1

Form 3

Form 3.1

Form 4

Form 4.1

 

3   The following is added after Form 1:

Form 1.1

Foreign Ownership of Land Regulations

Citizenship Declaration for Canadian
Citizen(s) and Permanent Resident(s)
(for Controlled Land Only)

                                     Canadian Citizen(s)                       Permanent Resident(s)

            CANADA                     )            IN THE MATTER of the

                                            )            registration of the   (name type of

PROVINCE OF ALBERTA     )            instrument)      affecting the land

                                            )            described as      (insert abbreviated

            TO WIT:                        )            description)    containing    (acres or

                                            )            hectares)                                            

                                            )

                                            )

                                            )                                                                       

                                            )            (name of County, M.D., I.D or Special Area)

                                          I (WE)                                      of     (full address including street, municipality and country)                                      

SOLEMNLY DECLARE THAT:

                                  1.    I (We) am (are) the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described 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 Canadian citizen(s).

or

                                          I (We) am (are) the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described 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 permanent resident(s) within the meaning of the Immigration and Refugee Protection Act (Canada).

                                          Date Landed:                , Port of Entry:                              ,

                                          Birth Date:                             , and my (our) previous country of permanent residency was:                                 .

or

                                          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 Canadian citizen(s) or permanent resident(s) within the meaning of the Immigration and Refugee Protection Act (Canada).  Date Landed:                   , Port of Entry:                            , Birth Date:                 , and his (her or their) previous country of permanent residency was:                                                                                  .

                                  2.    The true consideration paid or payable in respect of the transaction* is as follows: (give full details of purchase or rental as applicable, including total price paid)

                                  3.    The present value of the land*, in my opinion, is
$                                                                               .
(“land includes buildings and other improvements affixed to the land”)

                                  * Answer required only for transmissions, caveats and leases.

                                  4.    I (we) am (are) executing this document by two-way video conferencing separate and apart from any other person (from any person other than ourselves).

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.

 

 

SEVERALLY DECLARED BEFORE ME,   )
                               ,a lawyer in and for the     )
Province of Alberta at the                                )
in the                            of                                 )
by two‑way video conferencing with the         )
deponent who was at the                                  )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                        
provided to me that enabled me to verify the  )          (Deponent)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

Consent of Permanent Resident(s)

       I (We), being a permanent resident(s), give my (our) consent to the Department of Immigration, Refugees and Citizenship (Canada) to disclose information concerning my (our) status in Canada to the Minister or someone authorized by him.

          (witness)                                                           (signature)          

 

 

4   The following is added after Form 2:

Form 2.1

Foreign Ownership of Land Regulations

Corporate Ownership Declaration
for Corporations that are
not Foreign Controlled
(For Controlled Land Only)

                                                          Corporation Access Number:         

            CANADA                   )           IN THE MATTER of the

                                                 )           registration of the   (name type of

PROVINCE OF ALBERTA   )           instrument)      affecting the land

                                                 )           described as      (insert abbreviated

            TO WIT:                      )           description)    containing    (acres or

                                                 )           hectares)                                        

                                                 )

                                                 )

                                                 )                                                                

                                                 )           (name of County, M.D., I.D. or                           Special Area)

                 I (We)                                                                                  

of         (full address including street, municipality and country)     

SOLEMNLY DECLARE THAT:

                                  1.       (name of corporation(s))    of        (mailing address)        
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 to the transaction* is as follows: (give full details of purchase or rental as applicable, including total price paid)

                                  3.    The present value of the land* in my opinion, is $                                                                                          .

                                          (“land includes buildings and all other improvements affixed to the land”)

                                  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.

                                  5.    I (we) am (are) executing this document by two‑way video conferencing separate and apart from any other person (from any person other than ourselves).

                                  * Answer required only for transmissions, caveats and leases.

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.

SEVERALLY DECLARED BEFORE ME,   )
                               ,a lawyer in and for the     )
Province of Alberta at the                                )
in the                            of                                 )
by two‑way video conferencing with the         )
deponent who was at the                                  )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                        
provided to me that enabled me to verify the  )          (Deponent)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

This is Appendix “A” to the Statutory Declaration of                   declared before me the           day of                    20    .

                                           

Lawyer

Note: This Appendix is necessary only for a corporation with share capital.  Limited Partnerships, Banks, Trust Companies and Insurance Companies do not have to complete this Appendix.

SHAREHOLDERS

 

List of Shareholders owning 5% or more of the outstanding shares: (Name and address)

Non-foreign controlled corporation, Canadian Citizen or Permanent Resident 1 Yes or No

 

 

 

 

 

Number and Class of Shares

 

 

 

 

 

% of Total Outstanding Shares

To the best of my knowledge the shareholder is the Beneficial Owner and controls the Rights Attached to the Shares

Yes or No 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                    1 If a permanent resident(s), Date Landed:                                        ,
Port of Entry:                      , Birth Date:                   , and his (her or their) previous country of permanent residency was:                        .

                                    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.

                        List of Beneficial Owners of, or owners of the rights attached to, 5% or more of the outstanding shares: (name, address and citizenship status)

                                                                                                                                                                                                                        

 

5   The following is added after Form 3:

Form 3.1

Foreign Ownership of Land Regulations

Citizenship and Corporate Ownership
Declaration for Non‑Canadians,
Non‑permanent Residents, and
Foreign Controlled Corporations
(For Controlled Land Only)

                                                               Corporation Access Number:    

            CANADA                )           IN THE MATTER of the

                                             )           registration of the     (name type of

         PROVINCE OF          )           instrument)    affecting the land

            ALBERTA              )           described as     (insert abbreviated

                                             )           description)   containing    (acres or

              TO WIT:                )           hectares)                                         

                                             )                                                                        

                                             )           (name of County,  M.D.,  I.D or
                                                                         Special Area)

I (WE)                                                                                      of
       (full address including street, municipality and country)       

SOLEMNLY DECLARE THAT:

                                  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 and Refugee Protection Act (Canada).

or

                                          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 and Refugee Protection Act (Canada).

or

                                                                 (name of corporation(s))                        
of                     (mailing address)                                   

                                          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.

                                  2.    The interest is being acquired under a statutory exemption, section              of the Foreign Ownership of Land Regulations.  (If acquiring an interest under: 1) section 4(2), a copy of the letters probate or letters of administration must form an exhibit to this declaration and 2) section 9, a copy of the agreement must form an exhibit to this declaration.)

or

                                          The interest is being acquired under O.C. No.                    
passed                         (day/month/year)                             .

                                  3.    The true consideration paid or payable in respect of the transaction* is as follows: (give full details of purchase or rental as applicable, including total price paid)

                                  4.    The present value of the land*, in my opinion, is $                                                                                       

                                          (“land includes buildings and all other improvements affixed to the land”)      

                                  5.    I (we) am (are) executing this document by two-way video conferencing separate and apart from any other person (from any person other than ourselves).

                                    * Answer required only for transmissions, caveats and leases.

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.

SEVERALLY DECLARED BEFORE ME,   )
                               ,a lawyer in and for the     )
Province of Alberta at the                                )
in the                            of                                 )
by two‑way video conferencing with the         )
deponent who was at the                                  )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                        
provided to me that enabled me to verify the  )          (Deponent)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

 

6   The following is added after Form 4:

Form 4.1

Foreign Ownership of Land Regulations

Citizenship and Corporate Ownership
Declaration for Trustees*
(For Controlled Land Only)

* 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.

                                                                   Corporation Access Number:

                                                                     (for beneficiary of the trust) 

            CANADA                )           IN THE MATTER of the

                                             )           registration of the     (name type of

         PROVINCE OF          )           instrument)    affecting the land

            ALBERTA              )           described as     (insert abbreviated

                                             )           description)   containing    (acres or

              TO WIT:                )           hectares)                                         

                                             )                                                                        

                                             )           (name of County,  M.D.,  I.D or
                                                         Special Area)

               I (WE)                                                                            of
        (full address including street, municipality and country)      

SOLEMNLY DECLARE THAT:

                                  1.    I (We) am (are) the transferee(s), transmittee(s), caveator(s) or lessee(s) named in the above described instrument and the item completed in Section A which follows (or the item marked in Section B and the item marked in Section C which follow) applies in respect of the transaction represented by the above instrument.

or

                                          I am a member of the Law Society of Alberta and am the solicitor for or 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 and the item marked in Section A which follows (or the item marked in Section B and the item marked in Section C which follow) applies in respect of the transaction represented by the above instrument.

                                           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 and Refugee Protection Act (Canada).  Date Landed:                            , Port of Entry:                , Birth Date:                    and his (her or their) previous country of permanent residency was:                                     .

      or

                                                  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.

      or

                                                  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 and who is (are) a Canadian citizen(s) or permanent resident(s) within the meaning of the Immigration and Refugee Protection Act (Canada).  Date Landed:                                 ,
Port of Entry:         , Birth Date:                 and his (her or their) previous country of permanent residency was:                      .

      or

                                                  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 and Refugee Protection Act (Canada).

      or

                                                  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                                      .

      or

                                                  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 and Refugee Protection Act (Canada).

      or

                                                  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                                       .

                                           C.    Claiming an Exemption for an interest in controlled land.

                                                  The interest is being acquired under a statutory exemption, section                          of the Foreign Ownership of Land Regulations.  (If acquiring an interest under: 1) section 4(2), a copy of the letters probate or letters of administration must form an exhibit to this declaration and 2) section 9, a copy of the agreement must form an exhibit to this declaration;

      or

                                                  The interest is being acquired under O.C. No.             
passed                      
(day/month/year)                   .

                                  2.    The true consideration paid or payable in respect of the transaction* is as follows: (give full details of purchase or rental as applicable, including total price paid)

                                  3.    The present value of the land*, in my opinion, is $                                                                                 

                                          (“land includes buildings and all other improvements affixed to the land”)   

                                          *Answer required only for transmissions, caveats and leases.

                                  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.

                                  5.    I (we) am (are) executing this document by two-way video conferencing separate and apart from any other person (from any person other than ourselves).

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.

SEVERALLY DECLARED BEFORE ME,   )
                               ,a lawyer in and for the     )
Province of Alberta at the                                )
in the                            of                                 )
by two‑way video conferencing with the         )
deponent who was at the                                  )
in the Province of Alberta this
        day of   )
                  
,             on the basis of evidence   )                                        
provided to me that enabled me to verify the  )          (Deponent)
deponent’s identity and confirm the contents  )
of the document being executed.                      )

                                                 
                (Lawyer)

Consent of Permanent Resident(s)

       I (We), being a permanent resident(s), give my (our) consent to the Department of Immigration, Refugees and Citizenship (Canada) to disclose information concerning my (our) status in Canada to the Minister or someone authorized by him.

                                                                                                               

           (witness)                                                             (signature)          

This is Appendix “A” to the Statutory Declaration of                       declared before me the           day of                       20      .

                                                             

       Lawyer

NOTE:     This Appendix is necessary only for a corporation with share capital which is the beneficiary of the trust.  Limited Partnerships, Banks, Trust Companies and Insurance Companies do not have to complete this Appendix.  If a corporation is declaring that it is a foreign controlled corporation, Appendix A does not have to be completed.

SHAREHOLDERS

 

 

List of Shareholders owning 5% or more of the outstanding shares: (Name and address)

 

Non-foreign controlled corporation, Canadian Citizen or Permanent Resident 1

Yes or No

 

 

 

 

 

 

 

Number and Class of Shares

 

 

 

 

 

 

% of Total Outstanding Shares

To the best of my knowledge the shareholder is the Beneficial Owner and controls the Rights Attached to the Shares

Yes or No 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                    1 If a permanent resident(s), Date Landed:                         , Port of Entry:                        , Birth Date:                   , and his (her or their) previous country of permanent residency was:                                            .

                                    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.

                        List of Beneficial Owners of, or owners of the rights attached to, 5% or more of the outstanding shares: (name, address and citizenship status)