5 Exceptions to the Foreign Buyers Ban

Reading Time: 2 minutes

I still get a lot of questions about the Foreign Buyers Ban - and rightfully so, it's been amended and extended and written in very unclear language.

But everyone really just wants to know about the exceptions.

So in the most clear and non-lawyer sounding way, let's look at 5 exceptions:

1. Purchasing with a Spouse or Common-Law Partner
   A Non-Canadian can purchase property if they do so with their Spouse or Common-Law Partner.
   
2. Temporary Residents
   This includes international students or individuals with a work permit. Temporary residents must meet certain criteria, which differ for students and workers.
   
3. Acquisition by Death, Divorce, Separation, or Gift
   The legislation prohibits a Non-Canadian from "purchasing" property. However, acquiring property through inheritance, divorce, separation, or as a gift is not considered a purchase.
   
4. Vacant Land
   The Ban applies to Residential Property. Initially, vacant land was also included in this definition. However, the regulations have been amended, and now vacant land can once again be purchased by Non-Canadians.
   
5. A Property Not Located Within a "CA” or a “CMA”
   If a property is not within a census agglomeration or a census metropolitan area (basically, not in or near a city or large town), it is excluded from the ban. This means Non-Canadians can buy residential properties in these rural areas. CMHC created a tool to identify these areas here.

I've provided links in each heading that will take you directly to the specific clause in the Regulations where you can find more details about each exception.