The Short Answer
The answer to whether non-residents can buy property in Canada in 2026 depends significantly on their immigration status and the type of property they want to purchase. Canada’s Prohibition on the Purchase of Residential Property by Non-Canadians Act, which came into force in January 2023 and has been extended, places meaningful restrictions on residential property purchases by foreign nationals. Understanding who is exempt and under what conditions is essential for any non-resident considering a Canadian property purchase.
Who Is Prohibited
The prohibition applies to foreign nationals — people who are neither Canadian citizens nor permanent residents — and to foreign commercial enterprises. It applies to residential property, defined as buildings with fewer than four dwelling units plus land that does not contain a building.
Key Exemptions
Several important exemptions exist to the prohibition. Permanent residents of Canada are fully exempt and can purchase residential property just like Canadian citizens. Foreign nationals who are spouses or common-law partners of Canadian citizens or permanent residents are also exempt. Work permit holders who meet specific criteria — including having a valid work permit with at least 183 days remaining as of the date of purchase, having filed Canadian income tax returns for the preceding two years, and being authorized to work in Canada under certain permit categories — may also be eligible to purchase one residential property.
Commercial and Recreational Property
The prohibition applies specifically to residential property. Non-residents can generally still purchase commercial real estate (office buildings, retail space, industrial properties) and vacant land without restriction, though provincial and municipal regulations and taxes may still apply. Recreational properties (cottages, vacation homes) in some parts of Canada may fall outside the prohibition depending on their classification and location.
Consultation is Essential
Given the complexity of Canada’s foreign buyer regulations and the significant financial and legal consequences of non-compliance, any non-resident considering a Canadian property purchase should consult with a Canadian immigration lawyer and a real estate lawyer before proceeding. The rules are nuanced and subject to change, and professional advice is essential to navigate them correctly.
