- Two separate rules can apply: the federal ban on purchases by non-Canadians and Ontario's 25% Non-Resident Speculation Tax.
- Many buyers are exempt from the ban, including some work permit holders, students who meet strict tests and buyers with qualifying spouses.
- Some foreign nationals who become permanent residents can get the NRST rebated, but the application deadline is short.
If you are a foreign national or temporary resident, buying a home in Ontario means checking two different sets of rules: a federal ban and a provincial tax. They define who is covered differently, and exceptions under one do not automatically apply under the other.
This article explains who is caught, the main exceptions, and the Ontario tax and rebate. Rules in this area change, so confirm the current position before you sign anything.
The federal ban
Under the federal Prohibition on the Purchase of Residential Property by Non-Canadians Act, a non-Canadian may not purchase residential property, directly or indirectly. A non-Canadian is an individual who is neither a Canadian citizen, nor a person registered as an Indian, nor a permanent resident, and certain corporations and entities are also non-Canadians.
The ban started on January 1, 2023, and in February 2024 the federal government announced it would be extended from January 1, 2025 to January 1, 2027. Because that end date is close, check canada.ca for whether it has been extended again or allowed to lapse.
A person who breaks the ban can, on summary conviction, be fined up to $10,000, and after a conviction the provincial superior court may order the property sold on the Minister's application.
What property is covered
Residential property under the ban means buildings with three homes or fewer, plus parts of buildings such as a semi-detached house or a condominium unit, and larger multi-unit buildings are not covered. Property located outside both a census agglomeration and a census metropolitan area is excluded. Whether a given address falls inside one is worth confirming before you rely on this.
Exceptions to the ban
| Who or what | Exception |
|---|---|
| Protected persons | Exempt from the ban |
| Spouse or common-law partner | Exempt if buying with a spouse or common-law partner who is a Canadian citizen, registered Indian, permanent resident, protected person or qualifying temporary resident |
| Work permit holders | Exempt if the permit has 183 days or more of validity left on the purchase date and they have not bought more than one residential property |
| International students | Exempt only if all conditions are met, including five years of tax returns, 244 days in Canada each year, a price of $500,000 or less and no more than one purchase |
| Death, divorce, separation, gift | Not a purchase under the ban, nor are renting to live in, certain pre-Act trusts, enforcement of security or acquisition for development |
For students, the tax filing and 244-day tests apply to each of the five preceding taxation years, and every condition must be met.
Ontario's Non-Resident Speculation Tax
Ontario's NRST has been 25% since October 25, 2022. It applies to residential property anywhere in Ontario bought by a foreign national, foreign corporation or taxable trustee, and a foreign national is an individual who is not a Canadian citizen or permanent resident.
This definition differs from the federal one, so you could be exempt from the ban but still owe the tax.
- Ontario Immigrant Nominee Program nominees are exempt if they have applied, or certify they will apply, for permanent residence before the nominee certificate expires, and every transferee must certify they will occupy the property as a principal residence within 60 days after registration.
- Protected persons are eligible for exemptions, as is a foreign national who is the spouse of a Canadian citizen, permanent resident, nominee or protected person, if each spouse is a named transferee, and the 60-day occupancy requirement applies to both.
Rebates and what has expired
A foreign national can get the NRST rebated if they become a permanent resident within four years of the purchase, hold the property alone or only with their spouse, and occupy it as a principal residence starting within 60 days after registration. The application must be received within 180 days of becoming a permanent resident. Some outside sources still quote a shorter period, so rely on Ontario's own guidance.
The transitional rebates for international students and for foreign nationals working in Ontario are no longer available, since they applied only to agreements signed on or before March 29, 2022, and the March 31, 2025 deadline has passed.
What to do next
- Confirm your status under both definitions: non-Canadian for the ban and foreign national for the NRST.
- Check the property type and location against the ban's coverage.
- Check canada.ca for the current end date of the ban before you sign.
- Gather your permit, tax return and travel records if you rely on a work or student exception.
- Ask a lawyer to build the exemption or rebate steps into your closing timeline.
- Diarize the 60-day occupancy and 180-day rebate deadlines.
Frequently asked questions
Can a temporary resident on a work permit buy a house?
Possibly. A work permit holder is exempt from the ban if the permit has 183 days or more of validity left on the purchase date and they have not bought more than one residential property. The NRST may still apply unless an exemption fits.
Does the ban apply to a condo?
Yes. Residential property includes parts of buildings such as a condominium unit, while larger multi-unit buildings are not covered.
If I become a permanent resident later, can I get the NRST back?
Possibly. You must become a permanent resident within four years of purchase, hold the property alone or with your spouse and meet the occupancy rule. The application must be received within 180 days of becoming a permanent resident.
What happens if I buy in breach of the ban?
A person can be fined up to $10,000 on summary conviction, and the court may order the property sold on the Minister's application. Get advice before signing if you are unsure.
Sources
- Justice Laws – Prohibition on the Purchase of Residential Property by Non-Canadians Act — Justice Laws (federal)
- Department of Finance Canada news release (Feb 2024) — canada.ca
- Housing, Infrastructure and Communities Canada – Canada's Housing Plan — housing-infrastructure.canada.ca
- Justice Laws – Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (SOR/2022-250) — Justice Laws (federal)
- Ontario Ministry of Finance – Non-Resident Speculation Tax — ontario.ca
- Ontario – Non-Resident Speculation Tax Exemptions — ontario.ca
- Ontario – NRST Rebates and Refunds — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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