Journal

The foreign buyer ban expires in January, and Ottawa has not decided

The federal ban on non-Canadian home purchases lapses 1 January 2027 unless Ottawa acts; what the record, the data and the exemptions say for GTA owners.

Danmar Empire

Illustrative: a quiet winter morning on a residential street of brick houses in a Canadian city, snow on the front lawns and a bare maple in the foreground, no signage or people

Canada's Prohibition on the Purchase of Residential Property by Non-Canadians Act, the foreign buyer ban, is written to disappear on 1 January 2027. As of 11 October 2026 Ottawa has not said whether it will extend, narrow or drop it.

How the ban got here

Budget 2022, tabled on 7 April 2022, announced a two-year prohibition. The Act received Royal Assent on 23 June 2022 inside the Budget Implementation Act, 2022, No. 1. The regulations were published in the Canada Gazette on 21 December 2022, eleven days before the Act took effect on 1 January 2023. It covers properties with up to three dwelling units in census metropolitan areas and agglomerations, including the GTA.

On 27 March 2023, Housing Minister Ahmed Hussen announced same-day amendments: work permit holders could buy with at least 183 days of validity remaining, vacant land was removed from the prohibition, an exception was created for purchases "for the purpose of development," and the corporate control threshold rose from 3 per cent to 10 per cent.

On 4 February 2024, Finance Minister Chrystia Freeland announced the intention to move the expiry from 1 January 2025 to 1 January 2027, and Bill C-69 made that law on 20 June 2024.

Since then the record is thin. Bloomberg reported in December 2025 that Housing Minister Gregor Robertson said 2026 would be used to review the policy and study other models, including Australia, which lets foreigners buy newly built homes but not existing ones. On 7 October 2026, Finance Minister François-Philippe Champagne told reporters in Ottawa, "We're looking at all the options that we have in front of us." No bill, regulation or budget measure has been published. Finance Canada said on 6 July 2026 only that Budget 2026 comes "this fall."

What the lead times suggest

The April 2022 announcement ran about nine months ahead of the start date. The 2024 extension was announced about eleven months before the original expiry and enacted six months before it. The March 2023 package shows that the exceptions can be changed by regulation and take effect the day they are announced.

Against that pattern, the equivalent point for 2027, early February 2026, passed with a review rather than a decision. Because the repeal date sits in statute, a further extension needs legislation, and the autumn budget bill is the obvious vehicle. Letting the ban lapse requires nothing. An Australian-style carve-out for new construction could be made by regulation in days, but only while the Act exists. None of this says what Ottawa will choose; it says the window is short.

What was measured, and what stays

Statistics Canada put non-resident ownership at 2.2 per cent of Ontario residential property in 2020 and at 2.6 per cent in the Toronto census metropolitan area in 2021 (releases of 17 September 2021 and 13 June 2023). CMHC's condominium survey of 14 May 2021 found non-residents owned 2.6 per cent of Toronto-area condominium apartments in 2020, rising to 4.7 per cent in buildings completed since 2010. The government's own regulatory impact statement of December 2022 conceded that "specific figures on foreign buyer activity" were "not available at the national level."

Later assessments agree. Royal LePage's chief operating officer Karen Yolevski told BNN Bloomberg on 20 September 2024, "We really haven't seen this ban have an impact on any segment of the market." CIBC deputy chief economist Benjamin Tal told Bloomberg on 7 October 2026 that the ban "doesn't make any sense." The segment most often tied to offshore buyers has struggled on its own: Urbanation's second-quarter 2026 survey, reported 20 July 2026, counted 702 new condominium sales in the GTHA, record developer-held unsold inventory of just over 5,000 units, and no launches for a second straight quarter.

For our clients, the exemptions matter more than the headline. Work permit holders may buy one property with 183 days or more left on their permit. International students may buy one property for no more than $500,000 if they are enrolled at a designated institution, filed Canadian tax returns for the five preceding years and were present at least 244 days in each. Referred refugee claimants, development purchases and vacant land are exempt. Ontario's Non-Resident Speculation Tax is the larger constant, 25 per cent since 25 October 2022, province-wide, on foreign nationals, foreign corporations and taxable trustees, with a rebate for buyers who become permanent residents within four years. It does not move with the federal Act.

Our read

We are not forecasting a decision. We are watching three places where a lapse or an Australian-style amendment would show first. Toronto pre-construction and assignments are the most exposed, because newer buildings carried the highest non-resident share before the ban and developers argue offshore capital would restart launches. Oakville and King City high-end detached is second, where a few additional buyers can move thin inventory, though a 25 per cent NRST would keep any return selective. Third is executive leasing, where part of our demand above $8,500 a month comes from relocating executives on work permits who rent while they decide, some of whom may already qualify under the 183-day exception. The signals we will read are a Budget 2026 date, any notice in the Canada Gazette, and the wording of any new exception for new construction.

This article is general information, not legal, financial or investment advice. Danmar Empire Real Estate Corp., Brokerage.

Sources

  1. Department of Finance Canada, Budget 2022, Chapter 1: Making Housing More Affordable, 7 April 2022
  2. Canada Gazette, Part II, Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (SOR/2022-250), 21 December 2022
  3. CMHC, Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Act's accompanying Regulations, 27 March 2023
  4. Canada Gazette, Part II, Regulations Amending the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations (SOR/2023-66), 12 April 2023
  5. Department of Finance Canada, Government announces two-year extension to ban on foreign ownership of Canadian housing, 4 February 2024
  6. Parliament of Canada, LEGISinfo, Bill C-69, Budget Implementation Act, 2024, No. 1 (Royal Assent 20 June 2024), 20 June 2024
  7. CMHC, Prohibition on the Purchase of Residential Property by Non-Canadians Act, 27 March 2023 (updated for the 2024 extension)
  8. Department of Finance Canada, Government of Canada launches consultations ahead of Budget 2026, 6 July 2026
  9. Bloomberg (republished by Canadian Mortgage Trends), Ottawa reviews foreign homebuyer ban as 2027 expiry approaches, (quoting Finance Minister François-Philippe Champagne and CIBC deputy chief economist Benjamin Tal), 7 October 2026
  10. Statistics Canada, The Daily, Canadian Housing Statistics Program, 2020, 17 September 2021
  11. Statistics Canada, The Daily, Canadian Housing Statistics Program, 2021, 13 June 2023
  12. CMHC, Non-Resident Ownership of Condominium Apartments in Canada (2020 Condominium Apartment Survey), 14 May 2021
  13. BNN Bloomberg, Foreign buyer ban 'unnecessary': Royal LePage, (interview with Karen Yolevski, COO, Royal LePage), 20 September 2024
  14. Urbanation (reported by The Canadian Press via CP24), New condo sales in the GTHA rose last quarter and supply now thinning quickly, 20 July 2026
  15. Ontario Ministry of Finance, Non-Resident Speculation Tax, current as of October 2026