Home Quarter Protection (HQP) is governed by Part III of The Saskatchewan Farm Security Act.
HQP stays the court's final order for foreclosure as it applies to a homestead until the farmer leaves or dies; or until the homestead mortgage is excluded from Home Quarter Protection (HQP).
Home Quarter Protection does not apply to:
- Vendor mortgages;
- Purchase and/or construction mortgages;
- Bare land mortgages;
- A mortgage excluded from HQP by order of the Farm Land Security Board (the Board); and
- A mortgage excluded from HQP by a Board Class Exclusion Order.
Excluding a Mortgage From HQP:
1. By Co-Application to the Board
The co-application form includes detailed instructions, provides key definitions and poses critical questions to assist users determine when and how to apply to exclude a mortgage from HQP.
The following statutory declarations must be included with a co-application where revolving credit is involved:
Obtaining an exclusion order is not guaranteed. The Board is instructed by The Saskatchewan Farm Security Act to extinguish Home Quarter Protection when it is "in the best interests of the farmer."
2. By Class Exclusion Order:
The Act allows the Board to exclude any mortgage or class of mortgages from HQP. If the purpose of a mortgage matches the purpose of a class exclusion order a co-application to the Board is not required.
Current HQP Class Exclusion Orders:
Class Exclusion Order Decision Guide, Flowchart and Chronological List:
The decision guide and flowchart provide key definitions and pose questions to assist users determine whether a class exclusion order fits their situation. The chronological list includes the titles and dates of all present and past exclusion orders. The chronological list will assist establishing whether existing debt is excluded from HQP.