Who is exempt from the federal foreign buyer ban when purchasing residential property in Ontario?
The federal ban's regulations set out a number of specific exemption categories rather than a single general test. Canadian citizens and permanent residents are not "non-Canadians" for the purposes of the Act at all, so they fall outside its scope entirely. Beyond that, exemptions can extend to certain temporary residents, including some international students and work permit holders who meet defined conditions around how long they have been in Canada and their work or study history, along with refugees and other protected persons, and spouses of Canadian citizens or permanent residents purchasing jointly with them in some circumstances.
Because these categories come with specific, detailed conditions set out in the regulations rather than broad, easy-to-summarize rules, it is easy to assume you qualify - or don't - based on an incomplete picture. A refugee claimant whose case is still pending, for example, is not necessarily in the same position as someone who has already been granted protected person status.
Before relying on any exemption, confirm your specific circumstances against the current federal regulations with a lawyer, since the consequences of getting this wrong are serious.
Key takeaways
- Canadian citizens and permanent residents are outside the ban's scope entirely.
- Exemptions can cover certain international students, work permit holders, and protected persons.
- Each exemption category comes with detailed, specific conditions rather than a simple general rule.
- Confirm your specific status against the current regulations before relying on an assumed exemption.