The federal prohibition on purchases by non-Canadians
The Prohibition on the Purchase of Residential Property by Non-Canadians Act has been in force since 1 January 2023. It bars people who are neither citizens nor permanent residents, and corporations they control, from buying residential property in most urban areas, with exemptions for certain work-permit holders, students, refugees and people buying with a Canadian spouse. Breach is an offence and a court can order the property sold.
The Act was written with an end date that has already been extended once, so check whether it is still in force when you buy. Your lawyer will ask for your status documents and, where an exemption applies, confirm that you meet its conditions before closing.
Ontario's non-resident speculation tax
Ontario charges the non-resident speculation tax on the purchase of residential property anywhere in the province by a foreign national, a foreign corporation or a taxable trustee, on top of land transfer tax. It is a percentage of the value of the consideration; the current rate is on the province's page. Where a foreign national buys jointly with a Canadian, the tax generally applies to the whole price unless a spousal exemption applies.
Exemptions exist for nominees under the provincial immigration programme, protected persons, and spouses of Canadians, among others. A rebate may be available if you become a permanent resident within the period the province sets, so keep the deadline in your diary.
The first-time buyer refund and your status
The Ontario land transfer tax refund for first-time buyers requires the purchaser to be a Canadian citizen or permanent resident. A buyer who is not yet either at closing may still apply within 18 months if they become one during that period. The other conditions (never having owned a home anywhere in the world, the spouse rule, moving in within nine months) apply equally to newcomers, and ownership abroad counts.
Financing with a short Canadian credit history
Lenders verify income, credit and the source of the down payment. Foreign income needs documentation that can be verified, and funds arriving from abroad need a paper trail showing the account they came from and when. Lenders, your lawyer and the brokerage all have anti-money-laundering obligations, so plan transfers early and keep every confirmation.
The law does not set minimum down payments for newcomers beyond the general rules; lenders set their own criteria. We do not recommend lenders or products, but we can tell you what documents a lender will need to see on closing and what our own verification rules require.
Identity, residency and the closing documents
Bring your passport and your status document (permanent resident card, work permit or study permit). The transfer includes statements about citizenship and residency for land transfer tax and speculation tax purposes, and the buyer signs them under oath. A social insurance number or individual tax number is needed for the rebates and for your tax return. How title is held matters too: spouses on title, a matrimonial home and joint tenancy have consequences under Ontario family and estates law that may differ from those in your home country.
Your steps
Who's involved
Confirms your status and any change in status that affects the prohibition or the tax.
Sets what income and credit documentation it will accept.
Confirms the prohibition and tax position, prepares the statements and claims rebates.
Documents you will need
Tools for this stage
Ontario and Toronto, with the first-time buyer refund.
LiveClosing cost calculatorLegal fees, disbursements, adjustments and land transfer tax.
Checklist builderWhat will the lender and my lawyer ask me for?Tell us how you are paid, where the down payment comes from and what you are buying, and we list the documents to gather now. Your specific lender may ask for more, or less.
Guides to download
Questions people ask
Are permanent residents affected by the federal prohibition?
No. The Act applies to non-Canadians, and permanent residents are treated as Canadian for its purposes. They also fall outside Ontario's non-resident speculation tax, which applies to foreign nationals rather than permanent residents.
Do international students qualify to buy?
Some do, under exemptions that depend on time spent studying in Canada, tax filings, price limits and buying only one property. The conditions are specific; check the regulations and confirm with your lawyer before you offer.
Is the non-resident speculation tax refundable?
A rebate may be available if you become a permanent resident within the period the province sets after closing and have occupied the home as your principal residence. The application has a deadline; the province's page lists the current conditions.
Can I buy with my Canadian spouse?
Buying jointly with a spouse who is a citizen or permanent resident is exempt from the federal prohibition and, in most cases, from the non-resident speculation tax, provided the home will be your principal residence. Confirm both exemptions on the government pages before relying on them.
Can I get the first-time buyer land transfer tax refund?
Only if you are a Canadian citizen or permanent resident, or become one within 18 months of closing, and meet the other conditions. Ownership of a home in another country counts as prior ownership.
Do newcomers pay more land transfer tax?
No. Land transfer tax is the same for everyone. The non-resident speculation tax is a separate tax that applies to foreign nationals, foreign corporations and taxable trustees, in addition to land transfer tax.
Also in this centre
Read more
Related centres
Other Learning Centres for the same transaction.
Everything between deciding to sell an Ontario home and the money reaching your account: preparing, pricing, offers, the buyer's conditions, closing and tax, plus the situations that change the rules: tenants, estates and separation.
Related centreThe Mortgage CentreWhether you are qualifying for a mortgage, closing, renewing, refinancing, breaking it early or falling behind: how it works in Ontario, what the law requires at each step, and what a lawyer does along the way.
Sources
- Prohibition on the Purchase of Residential Property by Non-Canadians Act
- Ontario: Non-Resident Speculation Tax
- Ontario: Land Transfer Tax Refunds for First-Time Homebuyers
General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.
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