Foreign Buyer Ban Canada 2022
How does it impact the Toronto housing market?

Toronto Condo Team covers the Canada Foreign Buyer Ban 2022 and everything you need to know about its impact on the Toronto Real Estate Market. 

The Government of Canada has taken a positive step to make homes more easily available for Canadians, introducing the Prohibition on the Purchase of Residential Property by Non-Canadians Act. This law prohibits non-citizens and any companies they could potentially control from buying residential real estate in Canada over the next two years. This initiative will likely have far-reaching consequences across Canadian households!

Foreign Buyer Ban Canada Start Date

The Foreign-Buyer Ban, enacted in 2018 by the Canadian government, is designed to reduce foreign speculation in Canada's housing markets. The foreign buyer ban is now in effect as of Jan 2023 and applies to all foreign buyers, regardless of their citizenship or residency status, who want to purchase residential property in certain parts of Canada. Foreign buyers are barred from purchasing residential property in certain designated census metropolitan areas (CMAs), including Toronto, Vancouver, Victoria, Calgary and Edmonton. Foreign buyers must also pay an additional 15 percent Foreign Buyers Tax (FBT) when purchasing residential property in Toronto, Vancouver and the Fraser Valley. This tax is intended to discourage foreign investment in the Canadian housing market.

The Foreign-Buyer Ban has had a significant impact on Canada’s housing market, particularly in the affected CMA's. Foreign buyers are now prohibited from purchasing property in these areas, and the additional FBT has deterred speculative investments from overseas buyers. This has led to a decrease in demand for residential properties in these areas, resulting in lower home prices and reduced competition among buyers.

In addition to the Foreign-Buyer Ban and FBT, other measures are being implemented to help stabilize Canada’s housing market. This includes increasing the availability of housing supply, streamlining the process for building rental units and introducing rent control legislation in certain provinces. These measures are intended to help promote affordability, reduce speculation and address the housing needs of Canadians. Ultimately, the Foreign-Buyer Ban will hopefully have a positive effect on Canada’s housing market, allowing more Canadians to access affordable housing.  Additionally, the Foreign-Buyer Ban may help encourage foreign investors to invest in other areas of the economy, rather than residential property.  As a result, this may help foster economic growth and development across Canada.

Can the Foreign-Buyer Ban help the Canadian economy?

Additionally, the Foreign-Buyer Ban may help encourage foreign investors to invest in other areas of the economy, rather than residential property.  As a result, this may help foster economic growth and development across Canada.  Foreign investors can provide capital investments for businesses in a range of fields, from technology to energy and many more. Such investments could help start new companies, create jobs, and bring economic growth to cities across Canada. Furthermore, the Foreign-Buyer Ban may also encourage increased domestic investment in the Canadian real estate market as buyers are now able to enter the market without competing with the high prices set by Foreign Buyers. This could help stabilize market prices and make housing more affordable for Canadians.  Ultimately, the Foreign-Buyer Ban will have a positive impact on the Canadian economy in terms of stimulating economic growth and increasing affordability for local buyers.  It will also provide an opportunity for Foreign Investors to invest in other areas of the economy and help create new jobs.  In conclusion, the Foreign-Buyer Ban can be beneficial for both Foreign and Domestic investors in Canada.  It may stimulate economic growth while also increasing affordability for local buyers.  Thus, it is a viable policy that could be effective in helping to improve the economy.

Key Highlights

• The Prohibition on the Purchase of Residential Property by Non-Canadians Act prevents non-Canadians from buying residential property in Canada for 2 years starting on January 1, 2023.
• The Act defines residential property as buildings with 3 homes or fewer, as well as parts of buildings like semi-detached houses or condominium units. The law does not prohibit the purchase of larger buildings with multiple units.
• The Act has a $10,000 fine for any non-Canadian or anyone who knowingly assists a non-Canadian and is convicted of violating the Act. If a court finds that a non-Canadian has done this, they may order the sale of the house.
• Please note: This does not apply to non-Canadians who are looking to rent.

What is the Prohibition on the Purchase of Residential Property by Non-Canadians Act?

• Does not apply to Canadian citizens or permanent residents.
• Applies to Non-Canadians directly or indirectly purchasing residential property in Canada for a period of two years.
• Applies to residential property, including detached houses or similar buildings of one to three dwelling units, as well as parts of buildings such as semi-detached houses, condominium units, or other similar premises.
• Applies to direct or indirect purchases of residential property, including purchases made through corporations, trusts or other legal entities.
• Establishes penalties for non-compliance applicable to Non-Canadians, as well as any person or entity knowingly assisting a Non-Canadian in violating the prohibition.

What are some of the key elements covered in the regulations?

Purchase
The regulations broadly define the term purchase to include the direct or indirect acquisition of a right or interest in Residential Property. The regulations then specifically exclude, among other things, acquisitions of interests resulting from transitional or life events such as death, divorce, separation, or a gift.

The rules of the regulatory framework encompass a wide interpretation of 'purchase', including the direct or indirect acquisition of any rights pertaining to Residential Property.

Application of Prohibition to Non-Canadian corporations and other entities

Non-Canadian corporations and entities have been defined by the term 'Non-Canadian', which states that:

• an entity not formed pursuant to the laws of Canada or one of its provinces; and
• an entity formed under Canada's laws that has direct or indirect ownership by a Non-Canadian of 3% or more of the value of the entity's equity or voting rights.

Canada Foreign Buyer Ban Exemptions
Properties located outside of a Census Agglomeration (CA) or Census Metropolitan Area (CMA) are excluded from this prohibition.

Exceptions
Despite the general ban, international students, temporary residents, foreign nationals, and refugee claimants are still allowed to enter Canada under specific circumstances - such as meeting their tax filing and residency obligations. To learn more, please review the relevant regulations and/or advise any potential purchasers who may qualify for an exemption to seek professional legal counsel.

Additional Guidance
Further to the information that has been provided in the regulations, Canada Mortgage and Housing Corporation (CMHC) has released additional information and FAQs with respect to the interpretation of the Act and regulations.

In addition to the already existing guidelines, Canada Mortgage and Housing Corporation (CMHC) have released extra information accompanied by frequently asked questions in order to aid with understanding the Act regulations.

Disclaimer

This article is for informational purposes only and is intended to provide broad guidance, not as a substitute for professional legal advice. Should you need specific assistance regarding your particular situation, please reach out to an appropriately qualified expert. Although this should not be considered a replacement for official legal advice, it is still advisable to consult with an expert before making any decisions or taking action. To ensure the best possible outcome, seeking professional consultation is highly recommended.

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