What ownership percentage makes a corporation non-Canadian under the federal foreign buyer ban?
The federal ban's regulations set a specific ownership and control percentage below which a corporation is not treated as non-Canadian for the purposes of the Act, but that figure is a precise regulatory detail rather than something safe to state from general recollection, and the analysis is not limited to direct share ownership alone. It also considers indirect control - arrangements where a non-Canadian influences or directs the corporation's decisions in substance, even without holding shares directly in their own name.
Because both the specific percentage and how indirect control gets assessed are technical, defined elements of the current regulations, a corporation with any non-Canadian involvement should not assume it falls on the permitted side of that line without confirming its actual ownership and control structure against the current rules. Structuring around an assumed threshold without that confirmation carries real risk given the serious consequences of a prohibited purchase.
Get specific legal advice reviewing your corporation's actual ownership and control structure against the current federal threshold before relying on any assumed percentage.
Key takeaways
- A specific ownership and control threshold determines whether a corporation counts as non-Canadian.
- The exact percentage is a precise regulatory detail, not something to rely on from memory.
- Indirect control, not just direct share ownership, is part of the analysis.
- Get legal advice reviewing the actual structure against current rules rather than assuming a threshold.