For a period of two years starting January 1, 2023, non-Canadians are banned from purchasing homes in
Canada under the definition of “residential property.” Although further technical interpretations of the
regulations are still pending, here is the current understanding of the regulations.
REALTORS®, along with lawyers and notaries, have an obligation to inform their clients. The legislation does
not rely on REALTORS® to enforce the prohibition. However, REALTORS® who knowingly assist a non-Canadian
in contravening the prohibition can be found guilty of an offence and liable on summary conviction to a fine of
up to $10,000.
Importantly, REALTORS® do not have any information collection, processing or reporting requirements.
REALTORS® should still engage in due diligence as a measure of risk mitigation. To support REALTORS® with
their due diligence, the Canadian Real Estate Association (CREA) has developed a certificate:
Certification and Consent of Purchaser.