AI-assisted research summary: The regulation defines some terms, lets the board favour certain exemption applicants, sets a $233.65 plus GST application fee, and gives a wind-energy land-interest exemption that can expire after five years unless specified conditions are met.
Farm Lands Ownership Regulation, M.R. 204/87 R The Farm Lands Ownership Act , C.C.S.M. c. F35 Regulation 204/87 R Registered May 29, 1987 bilingual version (HTML) Definitions 1 For the purpose of the definition of "farmer" in The Farm Lands Ownership Act "actively engaged" means participation by an individual in (a) the supervision and management of the farming operation, and (b) the application of physical labour to the farming operation, unless the individual is precluded from doing so due to age or physical disability; (« aux activités ») "significant portion of his income" means 50% or more of his gross income; (« fraction appréciable de son revenu ») "significant portion of his time" means at least 40% of his working time. (« partie appréciable de son temps ») Guidelines 2 Where an application is made to the board for an exemption from any provision of The Farm Lands Ownership Act , the board may give favourable consideration to applicants or to acquisitions of land that meet the following guidelines: (a) the applicant is a non-resident but intends to take up residence in Manitoba within a reasonable period of time; (b) the applicant is a resident who plans to leave the province temporarily and to return within a reasonable period of time; (c) the applicant is a religious, charitable or non-profit organization; (d) the applicant is a non-resident who resides and farms within ten miles of the Manitoba border; (e) the acquisition of farm land by the applicant is likely to confer a significant benefit on the province; (f) the acquisition of farm land by the applicant is in the public interest. Fees 3 An application fee of $233.65, plus GST, is payable by a person who makes an application for (a) an exemption under subsection 3(3) of The Farm Lands Ownership Act ; or (b) a ruling under clause 8(2)⁠(f) of The Farm Lands Ownership Act . M.R. 95/94; 37/98; 46/2007 Property used to generate electricity by wind 4(1) An interest in farm land is exempt from the application of section 4 of The Farm Lands Ownership Act if the interest is held (a) for the purpose of developing or operating a facility for generating electricity by wind for direct or indirect sale to The Manitoba Hydro-Electric Board; or (b) for a purpose that is ancillary to the purpose set out in clause (a), including, but not limited to, assessing the feasibility of using the farm land as the site of a facility for generating electricity by wind for direct or indirect sale to The Manitoba Hydro-Electric Board. 4(2) The exemption of an interest in farm land under subsection (1) expires five years after a licence for the construction and operation of the facility is issued under The Environment Act unless before the end of that five-year period (a) the facility is constructed and capable of being operated to generate electricity by wind; and (b) the person who holds the interest files with the board information that satisfies the board that (i) the facility has been constructed and is capable of being operated to generate electricity by wind, and (ii) the electricity generated is being directly or indirectly sold to The Manitoba Hydro-Electric Board or, if the facility is not then operating, the electricity eventually generated will be directly or indirectly sold to The Manitoba Hydro-Electric Board. M.R. 172/2008 Note: M.R. 172/2008 sets aside the order of the board dated June 15, 2005.