Does the federal foreign buyer ban apply to acreages and rural land in Alberta?
This answer covers the law of Alberta.
Generally, no. The federal ban does not reach rural land outside a census agglomeration or census metropolitan area, because that land is excluded from the definition of residential property. The Prohibition on the Purchase of Residential Property by Non-Canadians Act otherwise prohibits a non-Canadian from purchasing, directly or indirectly, any residential property.
An acreage or recreational property inside one of those areas may be caught, so location matters. A non-Canadian includes an individual who is not a Canadian citizen, registered Indian or permanent resident, and a corporation incorporated outside Canada. Exceptions cover a temporary resident whose work permit has 183 days or more of validity remaining and who buys no more than one residential property, a buyer with a qualifying spouse or common-law partner, and acquisitions by inheritance, divorce, separation or gift.
A non-Canadian who breaks the ban, or a person who knowingly helps, faces a fine of not more than $10,000 on summary conviction. The ban is set to continue to January 1, 2027. Alberta also restricts non-Canadians who are not permanent residents on rural agricultural and recreational land, so confirm the position with a lawyer.
Key takeaways
- Property outside a census agglomeration or census metropolitan area is excluded from residential property, so the federal ban generally does not reach rural land there.
- Exceptions include certain work-permit holders buying one property, buyers with a qualifying spouse or common-law partner, and acquisitions by inheritance, divorce, separation or gift.
- A non-Canadian who breaks the ban, or someone who knowingly helps, faces a fine of not more than $10,000 on summary conviction.
- Alberta also restricts non-Canadians who are not permanent residents on rural agricultural and recreational land, so it is worth confirming that position with a lawyer.