TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Home/Learning Centres/The Buying a Home Centre/Can I buy a home in Ontario as a newcomer, and what extra rules apply?
The Buying a Home CentreStage i · Budget & pre-approval

Can I buy a home in Ontario as a newcomer, and what extra rules apply?

Permanent residents and citizens buy on the same terms as anyone. Temporary residents face two layers: the federal prohibition on purchases by non-Canadians, which has exemptions, and Ontario's non-resident speculation tax, which has exemptions and rebates. Check both before you offer, not after.

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

Confirm your position under the federal prohibitionStatus, exemption and whether the Act still applies on your closing date.
Check non-resident speculation tax exposureExemptions, joint purchases with a Canadian, and rebate deadlines.
Line up financing and a funds trailVerifiable income and documented transfers from abroad.
Offer with a lawyer review conditionSo the tax statements and exemptions are checked before you are bound.
Sign the land transfer tax and speculation tax statementsPrepared by your lawyer with your status documents.
Diarise the rebate and refund windowsNRST rebate on permanent residence; land transfer tax refund within 18 months.

Who's involved

Immigration adviser

Confirms your status and any change in status that affects the prohibition or the tax.

Mortgage broker or lender

Sets what income and credit documentation it will accept.

Your lawyer

Confirms the prohibition and tax position, prepares the statements and claims rebates.

Documents you will need

Passport and status document (PR card, work or study permit)Proof of funds and transfer confirmationsIncome documents, including foreign income where relied onSocial insurance number or individual tax numberAgreement of purchase and sale

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.

Sources

General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.

Ready when you are.

Start a file online in about seven minutes, or ask a lawyer first. Flat, published fees.

Start a File Ask a Lawyer
ContactStart a File →