The Prohibition on the Purchase of Residential Property by Non-Canadians Act, commonly known as the Foreign Buyer Ban, came into effect on January 1, 2023. With the final details and regulations unfolding just days before the new year, many temporary residents found themselves scrambling over the holidays, wondering how the new legislation affects them. Since then, there have been some notable revisions. The most striking changes were exemptions for work and study permit holders:
Exemptions for Work Permit Holders
Temporary residents working in Canada are exempt if they:
- Hold a valid work permit or are authorized to work in Canada.
- Have 183 days or more of validity remaining on their work permit or work authorization at the time of purchase.
- Have not previously purchased a residential property in Canada while the prohibition was in effect.
Exemptions for Study Permit Holders
Temporary residents studying in Canada are exempt if they:
- Are enrolled in a program of authorized study at a designated learning institution as defined in the Immigration and Refugee Protection Regulations.
- Have filed income tax returns for each of the five taxation years preceding the year in which the purchase was made.
- Have been physically present in Canada for a minimum of 244 days in each of the five calendar years preceding the year in which the purchase was made.
- Have not previously purchased a residential property in Canada while the prohibition is in effect.
- Purchase a property for a price not exceeding $500,000.
Other Key Points and Notable Exemptions
- The Act came into force on January 1, 2023, and will remain in effect for two years.
- The Act does not apply to non-Canadians who entered into binding offers of purchase and sale before January 1, 2023, even if the sale is finalized during the prohibition period.
- The Act also applies to corporations and entities formed under Canadian laws, not listed on a Canadian stock exchange, and controlled by non-Canadians.
- The Act does not apply to non-Canadian spouses and common-law partners if they purchase residential property in Canada with their Canadian citizen spouse, person registered under the Indian Act, permanent resident, or non-Canadian for whom prohibition does not apply.
Situations Where the Act Doesn’t Apply
- When a non-Canadian acquires an interest in a residential property due to a divorce, separation, gift, or death.
- When a non-Canadian rents a dwelling unit for the purpose of occupying it.
- When a non-Canadian purchases residential property for development purposes.
- When a creditor exercises a security interest or secured right, such as the seizure and foreclosure of a residential property.
Important Note for Permanent Residents
Permanent residents are NOT affected by the Foreign Buyer Tax and the Foreign Buyer Ban.
Get Free Advice from Olea Financial
Navigating the complexities of the Foreign Buyer Ban can be challenging, especially for newcomers to Canada. At Olea Financial, we specialize in providing tailored advice to help you understand your options and make informed decisions about your real estate investments. Our team is here to assist you with:
- Understanding the exemptions and revisions of the Foreign Buyer Ban.
- Exploring new to Canada home buying programs.
- Finding the best financial solutions to support your home purchase.
Contact Olea Financial Today
Take advantage of our free consultation services to get personalized advice on the new to Canada home buying programs available. Connect with Olea Financial for expert guidance and support.
Contact Us:
- Phone: 416.994.1146
- Email: [email protected]
- Website: www.oleafinancial.com
Book your free consultation today and let Olea Financial help you navigate your journey to homeownership in Canada.