Federal legislation
Foreign Buyer BanPlain-English guide to Canada’s Prohibition on the Purchase of Residential Property by Non-Canadians Act, in force through January 1, 2027 — and the BC 20% additional Property Transfer Tax it sits beside
A note from me: I’m Bronson Job, a REALTOR® (PREC) with Royal LePage Ben Gauer & Associates, so I earn a commission when I help someone buy or sell. I write these guides to be genuinely useful — general information, not advice on your specific situation — and I take no payment from any third party named in them. How I verify.
If you are not a Canadian citizen or permanent resident and you are buying a home in Greater Vancouver or the Fraser Valley, two separate rules apply. The federal Prohibition on the Purchase of Residential Property by Non-Canadians Act determines whether you can buy at all. BC’s separate 20% Additional Property Transfer Tax (APTT) determines what you pay on closing day when an exception lets the purchase proceed. They are different pieces of legislation, enacted six years apart: the federal ban is scheduled to end on January 1, 2027, while the BC tax has no scheduled end. On a $3.5M Point Grey detached bought outright by a foreign national, the federal ban is the gating question and the provincial 20% adds $700,000 to the closing-day Property Transfer Tax.
This guide covers who counts as non-Canadian under the federal Act, what counts as residential property, what the exception categories require, three named-submarket worked examples showing how the federal ban and the provincial 20% interact, and the verified status of each rule as of May 9, 2026.
Federal vs. provincial — not the same thing
Federal — the ban
Prohibition on the Purchase of Residential Property by Non-Canadians Act
Determines whether a non-Canadian can buy at all. National scope, applies only inside Census Metropolitan Areas and Census Agglomerations (the urban areas defined by Statistics Canada). Effective January 1, 2023; extended once to January 1, 2025, then again to January 1, 2027. Penalty up to $10,000 plus a court order to sell at no profit. (Status — verified May 9, 2026.)
BC provincial — the tax
Additional Property Transfer Tax (20%)
Determines what a non-Canadian pays (when an exception or pre-ban transfer applies). Active in five BC regional districts since 2016 (15%, raised to 20% with expanded geography on February 21, 2018). Independent of the federal ban — it predates the ban and has no scheduled sunset. See the Property Transfer Tax guide for bracket details, or model the 20% directly with the foreign-buyer calculator.
Three named-submarket worked examples
How the federal ban and the BC 20% additional Property Transfer Tax stack on real BC submarket prices. All three sit inside both the Vancouver Census Metropolitan Area (federal ban applies) and the Metro Vancouver Regional District (provincial 20% applies). Numbers verified against the Fact Bank, May 9, 2026.
Fort Langley townhouse · $1.5M
Base $28,000 + 20% $150,000
Foreign-national buyer with a Canadian permanent-resident spouse takes a 50% interest jointly. Federal ban: the spousal exception allows the joint purchase. Provincial 20%: applies to the foreign spouse's $750K share — $150K of additional Property Transfer Tax — on top of the regular $28K base, split between both buyers.
White Rock detached · $2.4M
Base $50,000 + 20% $480,000
Foreign-national buyer purchasing 100% outright through a permitted exception (e.g., diplomat or refugee status). Federal ban: cleared via exception. Provincial 20%: applies to the entire $2.4M fair market value — $480K of additional Property Transfer Tax — stacked on top of the $50K base. Closing-day Property Transfer Tax cheque: $530,000.
Point Grey detached · $3.5M
Base $93,000 + 20% $700,000
Foreign-controlled corporation acquiring as 100% owner. The corporation must clear the federal ban (most foreign-controlled corporations cannot — the entity-level test is strict) AND the BC additional 20%. If both clear, the $700K provincial additional sits on top of the $93K base for a total $793,000 Property Transfer Tax bill. Many of these deals do not close — the corporation restructures, or the deal moves to a different buyer.
What counts as “residential property”
The Act defines residential property narrowly:
- Detached houses with three or fewer dwelling units
- Semi-detached houses
- Rowhouses (townhouses)
- Individual condominium units
- Vacant land zoned for residential or mixed-use, when inside a Census Metropolitan Area or Census Agglomeration
Geographic limit: only properties inside a Census Metropolitan Area (CMA) or Census Agglomeration (CA) as defined by Statistics Canada are covered. In BC the federal ban scopes the Vancouver CMA (covering Metro Vancouver), the Abbotsford-Mission CMA (Fraser Valley urban core), the Victoria CMA, and the Kelowna CMA. Smaller communities outside CMAs sit outside the ban entirely.
Outside the ban: commercial property, multi-family buildings of four or more units, and recreational property outside CMAs. The 4+-unit carve-out is the design feature most often used by non-Canadian institutional buyers — purpose-built rental and small apartment buildings remain legally accessible while individual condos and townhouses are gated.
Who is exempt
The Act and its regulations carve out narrow exceptions. The first three are person-status categories that don’t even put you inside the definition of “non-Canadian”; the next four are non-Canadians the regulations specifically permit:
Refugees and protected persons
Individuals with refugee or protected-person status under the Immigration and Refugee Protection Act.
Temporary residents — work category
Foreign workers who have worked in Canada for at least three of the four years preceding purchase and have filed Canadian income tax returns for at least three of those years. Verification belongs with an immigration lawyer — REALTORS® flag the question; lawyers certify the answer.
Temporary residents — student category
International students enrolled in an authorized study program at a designated learning institution, with at least five years of continuous Canadian residency, Canadian tax filings for the previous five years, and a purchase price under $500,000 for a single dwelling unit (the $500K threshold is in the regulations and may move).
Diplomats and accredited foreign-mission staff
Members of accredited diplomatic and consular missions, with status confirmed under the Foreign Missions and International Organizations Act.
Spousal / common-law partner exception
A non-Canadian buying jointly with a Canadian-citizen or permanent-resident spouse / common-law partner is exempt for that joint purchase. This is the most common path through the ban in everyday transactions. Note that the BC 20% additional Property Transfer Tax still applies to the foreign spouse's proportionate share of the property.
Exemption-category source — Fact Bank, verified May 9, 2026.
Frequently Asked
- What is Canada's Foreign Buyer Ban?
- It's the Prohibition on the Purchase of Residential Property by Non-Canadians Act — federal legislation that took effect on January 1, 2023 and bans most non-Canadians from purchasing residential property in Canadian Census Metropolitan Areas (CMAs) and Census Agglomerations (CAs). The Act was originally scheduled to expire after two years, then extended to January 1, 2025, then extended again in February 2024 to January 1, 2027. Penalties for a violation include fines up to $10,000 plus a court order to sell the property at no profit. The Act runs in parallel with — not instead of — BC's 20% additional Property Transfer Tax, which has been in force since 2016 and predates the federal ban.
- Who counts as a "non-Canadian" under the Act?
- Non-Canadian means someone who is not a Canadian citizen, person registered as an Indian under the Indian Act, or permanent resident of Canada. It also includes foreign-controlled corporations and entities — so a company majority-owned by non-Canadians falls inside the definition even if registered in Canada. The exception list (below) carves out specific resident statuses that ARE allowed to buy. Always confirm status with an immigration lawyer before writing an offer; brokers and REALTORS® can flag the question but cannot certify the answer.
- Who is exempt from the ban?
- Seven main exemption categories: (1) Canadian citizens; (2) permanent residents; (3) persons registered as Indian under the Indian Act; (4) refugees and protected persons; (5) foreign nationals married to or in common-law partnership with an exempt person, when buying jointly; (6) certain temporary residents (work permit holders meeting 183-day residency conditions in the prior year + Canadian tax filings; international students at designated learning institutions with extended residency and tax-filing history, with a $500,000 single-dwelling cap that is set in the regulations and may move); (7) diplomats and accredited foreign-mission staff. The eligibility tests are narrow and verification belongs with an immigration lawyer rather than a real-estate agent — REALTORS® will flag the question; lawyers certify the answer.
- How is the federal ban different from BC's 20% Foreign Buyer Tax?
- They're separate pieces of legislation that solve different things. The federal ban determines whether a non-Canadian can buy at all. The provincial 20% Additional Property Transfer Tax determines what a non-Canadian pays (when an exception or pre-ban transfer applies) on top of the regular Property Transfer Tax. The provincial tax has been in force since 2016 (initially 15%, raised to 20% with expanded geography on February 21, 2018) and applies in five BC regional districts: Metro Vancouver, Capital, Fraser Valley, Nanaimo, and Central Okanagan. The federal ban sunsets January 1, 2027; the provincial 20% has no scheduled sunset and continues independently. Budget for both: the federal eligibility check and the provincial 20% line on the closing-day Property Transfer Tax.
- What kinds of property does the ban actually cover?
- The Act defines "residential property" narrowly: detached houses with three or fewer dwelling units, semi-detached houses, rowhouses (townhouses), and individual condominium units — but only when located inside a Census Metropolitan Area (CMA) or Census Agglomeration (CA) as defined by Statistics Canada. Properties in smaller, non-CMA areas are NOT covered. Vacant land zoned for residential or mixed-use IS covered if inside a CMA. Outside the ban: commercial property, multi-family buildings of four or more units, and recreational property outside CMAs. In BC, the Vancouver CMA covers all of Metro Vancouver, the Abbotsford-Mission CMA covers the Fraser Valley urban core, the Victoria CMA covers Greater Victoria, and the Kelowna CMA covers the Central Okanagan urban core. If you're buying anywhere in those zones, the federal ban is in scope.
Primary sources: Prohibition on the Purchase of Residential Property by Non-Canadians Act and the Department of Finance extension notice (Jan 1, 2027).
Reference, not legal advice. Eligibility under the Act’s exception list depends on specific immigration history, work / study patterns, and tax-filing record — verification belongs with an immigration lawyer rather than a real-estate agent. The federal ban regulations also reference dollar thresholds (the $500K student-category limit, etc.) that the government can revise without amending the Act itself; the canonical text lives at the Justice Laws website. The BC 20% additional Property Transfer Tax is published at the BC government Additional PTT page; both rules were re-verified against primary sources on May 9, 2026.
Keep reading
- BC Property Transfer Tax — the standard residential tax the 20% foreign-buyer additional sits on top of
- BC Speculation and Vacancy Tax — an annual tax (3% for a foreign owner) that runs alongside the 20% paid at closing
- BC Home Flipping Tax — the tax on a sale within 730 days, which interacts with federal anti-flipping rules
- Principal Residence Exemption (BC) — how the capital-gains exemption works for non-resident versus Canadian-resident sellers
- Buyer due diligence (BC) — where the federal-eligibility cross-check fits in the offer-writing sequence
- BC mortgage stress test — non-resident borrowers face the same qualifying-rate math and a larger down payment
Verified sources (3)· re-verified 2026-05-08Click to expand
Every claim on this page is sourced to a primary government, regulator, or industry-association URL. We re-verify quarterly; the verification dates below show when each source was last confirmed against the live government page.
- CMHCretrieved 2026-05-08Prohibition on the Purchase of Residential Property by Non-Canadians Acthttps://www.cmhc-schl.gc.ca/professionals/housing-markets-data-and-research/housing-research/consultations/prohibition-purchase-residential-property-non-canadians-act
- Government of Canadaretrieved 2026-05-08Prohibition on the Purchase of Residential Property by Non-Canadians Act, S.C. 2022, c. 10, s. 235https://laws-lois.justice.gc.ca/eng/acts/p-25.2/
- Government of Canadaretrieved 2026-05-08· published 2024-02-04Government extending the ban on foreign ownership of Canadian housinghttps://www.canada.ca/en/department-finance/news/2024/02/government-extending-the-ban-on-foreign-ownership-of-canadian-housing.html
ca.foreign_buyer_ban · v3View in Codex →Verified sources (1)· re-verified 2026-05-08Click to expand
Every claim on this page is sourced to a primary government, regulator, or industry-association URL. We re-verify quarterly; the verification dates below show when each source was last confirmed against the live government page.
- CMHCretrieved 2026-05-08Prohibition on the Purchase of Residential Property by Non-Canadians Act — Exemptionshttps://www.cmhc-schl.gc.ca/professionals/housing-markets-data-and-research/housing-research/consultations/prohibition-purchase-residential-property-non-canadians-act
ca.foreign_buyer_ban.exemptions · v1View in Codex →Verified sources (1)· re-verified 2026-05-08Click to expand
Every claim on this page is sourced to a primary government, regulator, or industry-association URL. We re-verify quarterly; the verification dates below show when each source was last confirmed against the live government page.
- BC Governmentretrieved 2026-05-08Additional Property Transfer Tax for Foreign Entitieshttps://www2.gov.bc.ca/gov/content/taxes/property-taxes/property-transfer-tax/additional-property-transfer-tax
bc.ptt.foreign_buyer_additional · v1View in Codex →Verified sources (1)· re-verified 2026-05-08Click to expand
Every claim on this page is sourced to a primary government, regulator, or industry-association URL. We re-verify quarterly; the verification dates below show when each source was last confirmed against the live government page.
- BC Governmentretrieved 2026-05-08Additional Property Transfer Tax — Specified Areashttps://www2.gov.bc.ca/gov/content/taxes/property-taxes/property-transfer-tax/additional-property-transfer-tax
bc.foreign_buyer_specified_areas · v1View in Codex →
