The Act and Regulations provide exceptions, including for the following persons:
Temporary residents studying in Canada, if they:
are enrolled in a program of authorized study at a designated learning institution as defined in the
Immigration and Refugee Protection Regulations, and
- have filed income tax returns for each of the 5 taxation years preceding the year in which the purchase was made, and
- have been physically present in Canada for a minimum of 244 days in each of the 5 calendar years preceding the year in which the purchase was made, and
- have not previously purchased a residential property in Canada while the prohibition is in effect, and
- purchase a property for a price not exceeding $500,000
Temporary residents working in Canada, if they:
- hold a valid work permit or are authorized to work in Canada, and
- have 183 days or more of validity remaining on their work permit or work authorization at time of purchase, and
- have not previously purchased a residential property in Canada while the prohibition is in effect
Refugees, if they:
have been given refugee protection or are a protected person under the
Immigration and Refugee Protection Act
Refugee claimants and individuals fleeing international crises, if they:
have made a claim for refugee protection in accordance with the
Immigration and Refugee Protection Act, if that claim has been found eligible and referred to the Refugee Protection Division; or
have received temporary resident status in accordance with the Immigration and Refugee Protection Act
based on humanitarian public policy considerations to provide a safe haven to those fleeing conflict
Accredited members of foreign missions in Canada, if they:
- hold a passport that has a valid diplomatic, consular, official, or special representative acceptance issued by the Chief of Protocol of Canada
Non-Canadians spouses and common-law partners, if they:
- purchase residential property in Canada with their spouse or common-law partner who is a Canadian citizen, a person registered under the Indian Act, a permanent resident or a non-Canadian for whom the prohibition does not apply.
Section 35 Rights – Indigenous People and Communities
The Regulations clarify that the prohibition doesn’t apply if it conflicts with the rights recognized and affirmed by Section 35 of the
Constitution Act, 1982.
Section 35 recognizes and affirms the existing Indigenous and treaty rights of Indigenous peoples of Canada. These may include ownership rights to land, rights to occupy and use lands and resources, land to be set aside for First Nation use only, self-government rights and cultural and social rights.
Exceptions for Certain Types of Property
The Regulations include an exception for any residential property found outside of a Census Metropolitan Area (CMA) or Census Agglomeration (CA) as identified in Statistics Canada’s Standard Geographical Classification 2021.
Both CMAs and CAs are formed by 1 or more adjacent municipalities centered on a population centre, or the core.
A CMA must have a total population of at least 100,000 of which 50,000 or more must live in the core and a CA must have a core population of at least 10,000.Statistics Canada provides definitions of Census Metropolitan Area (CMA) and Census Agglomeration (CA) in their Standard Geographical Classification (SGC) reference maps.
Please note, Statistics Canada will not be providing verification of specific residential addresses or interpretative guidance on fact specific questions relating to the applicability of the Act.