Canada: Prohibition on Purchase of Residential Property by Non-Canadians Act - Regulations Published
December 22, 2022
As an update to the Prohibition on the Purchase of Residential Property by Non-Canadians Act, which will prohibit non-Canadians from purchasing residential real estate directly or indirectly, for a two-year period beginning January 1, 2023, the government has published the implementing regulations. The regulation provides details on the classes of temporary residents exempted from the prohibition and the specific criteria of each, which include: students enrolled in designated learning institutions, provided they have filed income tax returns in Canada in each of the last five years, were physically in Canada for a minimum of 244 days in each of the last five years, the purchase price does not exceed CAD 500,000, and they have not purchased more than one residential property; and work permit holders or persons authorized to work in Canada full time, provided they worked in Canada for a minimum period of three years in the last four years preceding the purchase, filed all required income tax returns for a minimum of three of the four taxation years preceding the purchase, and have not purchased more than one residential property. Other exempt individuals include certain refugees and individuals who acquire property through divorce, separation, gift or death, among other exceptions. The prohibition also will not apply to Canadian permanent residents or persons registered under the Indian Act.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Awards
Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.
Work authorization
Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.
Media mentions
Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.
Media mentions
Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.
Media mentions
Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.
Work authorization
Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.
Media mentions
In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.
Media mentions
Awards
Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.
Work authorization
Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.
Media mentions
Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.
Media mentions
Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.
Media mentions
Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.
Work authorization
Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.
Media mentions
In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.
Media mentions