Prohibition on the Purchase of Residential Property by Non-Canadians Act
The federal ban on foreign buyers starts on Jan. 1, 2023, and the regulations were finally published yesterday. We have spent a few hours on them but still have more questions than answers such as:
1. What cities/areas does the ban apply – from what we can tell, everywhere that is part of a census agglomeration or census metropolitan area. Check out https://www12.statcan.gc.ca/census-recensement/2011/as-sa/fogs-spg/Facts-cma-eng.cfm?LANG=Eng&GK=CMA&GC=915 for the Vancouver CMA. Although the page is for Vancouver if you scroll down there is a list of all CMA’s or CA’s in the province. Looks like Whistler is ok.
2. What if the contract is entered into prior to Jan. 1, 2023 – the act allows for an exemption if the non-Canadian assumes liability under an agreement of purchase and sale before Jan. 1, 2023; not clear if the contract has to be subject free or not, but we do not think it does (not a legal opinion though);
3. Who can buy – number of exemptions, including certain temporary residents, those with work permits, diplomats, refugees and a few others;
4. What else – there may be an exemption for rental units, properties acquired through foreclosure (yes, we are serious), properties acquired through spousal separation, and properties that may be inherited.
The Act can be found at https://laws-lois.justice.gc.ca/eng/acts/P-25.2/page-1.html while the Regulations can be enjoyed at www.https://canadagazette.gc.ca/rp-pr/p2/2022/2022-12-21/html/sor-dors250-eng.html.
As always, thanks for the support!