Prohibition on the Purchase of Residential Property by Non-Canadians Act (S.C. 2022, c. 10, s. 235)

Marginal note:Prohibition

• 4 (1) Despite section 34 of the Citizenship Act, it is prohibited for a non-Canadian to purchase, directly or indirectly, any residential property.

• Marginal note:Exception — persons

  (2) Subsection (1) does not apply to

  • (a) a temporary resident within the meaning of the Immigration and Refugee Protection Act who satisfies prescribed conditions;

  • (b) a protected person within the meaning of subsection 95(2) of that Act;

  • (c) an individual who is a non-Canadian and who purchases residential property in Canada with their spouse or common-law partner if the spouse or common law-partner is a Canadian citizen, person registered as an Indian under the Indian Act, permanent resident or person referred to in paragraph (a) or (b); or

  • (d) a person of a prescribed class of persons.

• Marginal note:Exception — circumstances

  (3) Subsection (1) does not apply in prescribed circumstances.

• Marginal note:Foreign state

  (4) For greater certainty, nothing in subsection (1) is to be construed as hindering a foreign state from purchasing residential property for diplomatic or consular purposes.

• Marginal note:Non-application

  (5) Subsection (1) does not apply if the non-Canadian becomes liable or assumes liability under an agreement of purchase and sale of the residential property before the day on which this Act comes into force.