Can You Buy Land In Canada Without Being A Citizen?

Don't let your citizenship status stop you from buying land in Canada. We'll show you how to do it legally while breaking down the whole process.

Yes, you can buy land in Canada without being a citizen. Non-citizens, including foreign investors and US citizens, have the same land ownership rights as Canadian residents. Also, it’s possible for non-residents to purchase land even if they don't live in the country.

I’ve got a deep understanding of the legal and financial regulations that affect the purchase of land in Canada. This can include the restrictions and limitations that apply to non-citizens. I’ve conducted in-depth research on the subject, consulting multiple authoritative sources to ensure the accuracy and reliability of my information. As such, I’ll provide explicit, concise, and informative content that helps you make informed decisions about buying land in Canada as a non-citizen.

Can You Buy Land In Canada Without Being a Citizen?

Yes, you can purchase property in Canada without being a citizen or resident. However, there may be certain restrictions and additional requirements to be met depending on the province and specific property.

For non-residents, securing a local mortgage could be more challenging. You might be required to pay large down payments, usually around 35% of the property value, and provide proof of funds that cannot be a gift from another person or company. Other regulations include

Permission from the Canadian Government

As a non-citizen, you need to obtain permission from the Canadian government to buy certain types of land, such as farmland and other agricultural properties. This requirement ensures that Canada's natural resources are used in the national interest.

Additional Rules in Some Provinces

Notably, some provinces have different rules and restrictions for non-citizen land ownership. For example, British Columbia imposes a 20% additional property transfer tax on foreign buyers, while Ontario imposes a similar 15% non-resident speculation tax.

Limited Availability of Mortgage Financing

You may have difficulties obtaining mortgage financing for land purchases in Canada. Banks and other financial institutions may hesitate to lend to non-citizens due to the increased risk of default.

Higher Taxes and Fees

You will likely face higher taxes and fees when buying land in Canada as a non-resident.

Land-use Regulations

There are additional land-use regulations for non-residents when buying land in Canada. These regulations are intended to protect the environment and ensure sustainable development.

It’s essential to consult with legal and financial experts to ensure you understand these regulations and any associated costs

Canada Land Ownership Laws

In Canada, land ownership laws are regulated by the federal and provincial governments. The Constitution Act of 1867 allows the provinces to regulate property and civil rights.

In addition, the federal government has jurisdiction over national interests such as Indigenous land claims and natural resources.

Generally, land ownership in Canada is based on the concept of freehold. This means you have full rights and control over the land, subject to applicable laws and regulations.

There are also various regulations governing land use in Canada, which are intended to protect the environment and ensure sustainable development. These regulations may include zoning bylaws, building codes, and environmental protection laws.

Additionally, indigenous land claims are an essential consideration in Canada. There are ongoing efforts to reconcile historical land claims and promote reconciliation between Indigenous people and the Canadian government.

Land Ownership Options for Non-Citizens

When purchasing land in Canada, many people wonder about the options available for non-citizens. You can buy land in Canada and have several ownership options available, including

Freehold ownership

You can own land in Canada outright with freehold ownership. This means you have full rights and control over the land, subject to applicable laws and regulations.

Leasehold ownership

As a non-citizen, you can obtain leasehold ownership, which allows you to lease land from a Canadian owner for a specific period. Leasehold ownership may be suitable for non-citizens who want to use the land for a limited period, such as for vacation homes or business ventures.

Joint ownership

It’s also possible to own land jointly with a Canadian citizen or permanent resident. Joint ownership allows you to share the costs and responsibilities of land ownership while enjoying the benefits of owning property in Canada.

Ownership through a corporation

Also, foreigners buy property in Canada through corporations. However, the corporation must be incorporated in Canada and must comply with all Canadian laws and regulations.

Financing Options for Non-Citizens

As a non-citizen interested in buying property in Canada, it's essential to understand the financing options available to navigate the process efficiently.

There are several options available for obtaining loans to purchase land in Canada, such as local mortgages and cross-border mortgage specialists.

With the growing interest in Canadian real estate by foreign investors, banks and lenders have become more accommodating to the needs of non-residents seeking financing.

Taxes and Fees for Non-Citizen Land Buyers

When considering the purchase of land in Canada as a non-citizen, it’s important to be aware of the taxes and fees associated with the transaction. Various costs may influence your decision to buy land, and understanding these expenses can help you make an informed decision.

Property Transfer Tax

Some provinces, such as British Columbia and Ontario, impose an additional property transfer tax on non-resident buyers. The tax rate varies by province and can range from 15% to 20% of the purchase price.

Capital Gains Tax

You should pay capital gains tax when you sell your property in Canada. Keep in mind that this tax rate is based on the gain realized from the sale and is typically 50% of the gain.

Property Tax

As mentioned, you are subject to higher property taxes than Canadian citizens. These tax rates vary by province and municipality.

Land Transfer Tax

As a non-citizen, you are subject to land transfer tax when you purchase land in Canada. Land transfer tax rates vary by province and can be significant.

Legal Fees

Also, you may need to pay additional legal fees when purchasing land in Canada to ensure that you comply with all Canadian laws and regulations.

Procedure for Buying Land as a Non-Citizen

The procedure for buying land in Canada as a non-citizen involves the following steps.

Determine the Purpose of the Land Purchase

First and foremost, determine the purpose of your land purchase. For example, for investment, commercial, or residential property, then identify your budget and preferred location.

Hire a Real Estate Agent

You should consider hiring a licensed Canadian real estate agent who is familiar with the local market and regulations. The agent has experience dealing with properties and can help you identify suitable properties and navigate the legal requirements.

Obtain Financing

After hiring an agent, get financing for your land purchase. It may involve working with private lenders, international banks, or having a Canadian co-signer.

Conduct Due Diligence

After getting the finances, conduct due diligence on the property to ensure no liens or other legal issues are associated with it. This may involve obtaining a property survey and home inspection, reviewing title documents, and obtaining necessary permits.

Obtain Government Approval

You need to get approval from the Canadian government to purchase certain types of land, such as primary residence, farmland, and other agricultural properties. In some provinces, the government may also require non-residents to file a Non-Resident Speculation Tax form.

Close the Deal

Lastly, ensure you work with your legal and financial advisors to close the deal. This involves signing the purchase agreement, paying the purchase price, and transferring ownership of the property.

Cultural Impacts of Non-Resident Land Ownership in Canada

Non-citizen landowners can contribute to Canadian society in a number of ways. For example, they may invest in Canadian businesses, create jobs, and pay taxes. In addition, they may bring new ideas and perspectives to Canadian culture, helping to enrich the country's cultural landscape.

According to data from Statistics Canada, the number of non-citizen landowners in Canada has steadily increased over the past decade. In 2019, there were 122,000 non-citizen landowners in Canada, up from 107,000 in 2010. This represents an increase of 14% over the decade.

Some Canadians may be concerned about the impact of non-citizen land ownership on Canadian culture and values. However, it's important to note that non-citizen landowners are subject to the same laws and regulations as Canadian citizens when it comes to land ownership.

In addition, many non-citizen landowners may choose to become Canadian citizens or permanent residents, further integrating into Canadian society.

Here's a table summarizing some of the cultural impacts of non-citizen land ownership in Canada: