buyers

The Foreign Buyer Ban Expires January 1

On January 1, 2027, the federal ban on non-Canadians buying homes here is scheduled to end, and with about eleven weeks to go nobody in Ottawa will say what happens next.  Finance Minister François-Philippe Champagne was asked about it last Wednesday and would say only that the government is weighing every option.  Sellers have started asking me if offshore buyers are about to come back, and buyers have started asking if they should hurry.  My answer to both is no, at least in Ontario, and the reason is a provincial tax that most of the coverage leaves out.

What the ban covers, and what it never did

The Prohibition on the Purchase of Residential Property by Non-Canadians Act took effect on January 1, 2023, as a two-year measure, and in February 2024 it was extended to the start of 2027.  It stops people who are neither citizens nor permanent residents, and the companies they control, from buying houses, townhouses and condo units in and around Canadian cities.  The exemptions are wider than most people realize.  Someone on a work permit with at least 183 days left on it can buy one home.  So can some international students, refugees, and anyone buying with a Canadian spouse.  Vacant land, buildings with four or more units and property outside urban areas were never covered.  The penalty for breaking the rule is a fine of up to $10,000 and a possible court-ordered sale (CMHC; Department of Finance Canada).

Did it accomplish anything? That is an open argument.  The best data we have suggest foreign owners held no more than five per cent of homes in any major Canadian market in 2020, before the ban existed.  CIBC's Benjamin Tal told Bloomberg the policy "doesn't make any sense" and should be allowed to lapse, on the theory that offshore money helps get new buildings financed.  Mike Moffatt at the University of Ottawa made a similar case while conceding that the ban is popular, and that popularity is what makes this awkward for the government.  Housing Minister Gregor Robertson has said this year was being used to study how other countries handle it, Australia in particular, where foreign buyers may purchase newly built homes and are kept out of existing ones.

Toronto City Skyline

Ontario's 25 per cent tax stays either way

The piece that matters on our side of the provincial line is the Non-Resident Speculation Tax.  Since October 25, 2022, Ontario has charged 25% on homes bought anywhere in the province by foreign nationals and foreign corporations.  That tax is provincial law, and it stays put no matter what Ottawa decides.  Toronto added its own 10 per cent on top at the start of 2025, though that one stops at Steeles.

So picture the ban vanishing on New Year's Day and an overseas buyer taking an interest in a $1.6 million house in Unionville.  Before land transfer tax, legal fees or a single piece of furniture, that buyer owes the province $400,000.  Very few people will pay that to own a resale home, and the ones who would were mostly finding a legal route in already, through a work permit or a spouse.

I have been selling in Markham long enough to remember when offshore buyers were a real presence on offer night, and I understand why the question makes people uneasy on both sides.  That was a market with no speculation tax at all until 2017, then one at 15 per cent, and prices rising fast enough to absorb it.  Today the tax is 25 per cent and the national benchmark price is roughly 20 per cent below its peak. - The arithmetic that drew that money here has changed.

Where an expiry or an Australian-style rewrite could matter is pre-construction.  Builders need a good share of units sold before a lender will finance a tower, and the condo projects planned around Markham Centre and along Highway 7, like projects across the GTA, have had a hard time getting there.  If Ottawa opens new construction to foreign buyers, some stalled buildings may find their footing, and Queen's Park would then face pressure to soften its own tax for new builds.  That is a story for 2027 and later, and it would add supply without putting anyone new at the table for a resale house this spring.

If you are selling this winter, do not hold your listing back for a wave of overseas buyers in January, because the provincial tax will keep that wave small.  If you are buying, do not let a headline about the ban ending rush you into an offer you would not otherwise make.  Were it up to me, I would let non-residents buy new construction and keep resale homes for the people who live here, which is roughly where I expect Ottawa to land.  They have to announce something before the calendar turns, and I will update this post when they do.

Title Insurance - Buyers coverage for when things go wrong

Despite everyones best efforts in a Real Estate transaction, issues can arise that may not have been evident during the Purchasing process.  We highly recommend that every Buyer consider purchasing Title Insurance coverage through their Lawyer while completing their transaction.

 “Title” refers to your legal ownership of a property, as registered in the government’s land registration system. Title Insurance covers losses related to the property’s title or ownership, including:

  • Title issues that prevent you from having clear ownership of the property.
  • Existing liens against the title, for example if the previous owner had unpaid property taxes.
  • Issues related to encroachment on someone else’s property, for example, if a structure had to be removed because it is partially on your neighbour’s property.
  • Errors in surveys and public records.
  • Title fraud.
  • Any other title-related issues that could affect your ability to sell, mortgage or lease your home in the future.

Title Insurance can also come in handy if title transfer to ­­your name can’t occur on the date your deal is supposed to close.  The “gap” coverage in Title Insurance will allow your lawyer to close the sale of the property even if registration is delayed.

Some title insurance also includes coverage in case your lawyer makes an error while handling the real estate transaction.  Although title insurance is a one-time fee, the coverage lasts as long as you own the property.

But remember Title Insurance typically won’t cover:

  • Title defects you were aware of before you purchased the property.
  • Environmental hazards.
  • Problems that would only be discovered by a new survey or inspection of your property.
  • Matters not listed in public records, like unrecorded liens or encroachments against the property.
  • Zoning bylaw violations from changes, renovations or additions that you created yourself.

It is important to know that all lawyers practicing real estate law in Ontario are required to carry professional liability insurance. Your lawyer’s professional liability insurance may provide coverage for title­ related issues that relate to the services your lawyer provides in the real estate transaction. 

A lawyer will provide you legal advice in order to help you make an informed decision about title insurance and other aspects of the transaction. Since title insurance policies contain a lot of legal terminology, make sure you ask your lawyer or title insurance company questions about anything that you do not understand.

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Title insurance companies and insurance agents/brokers should meet best practice standards that include:

  • Providing information to clients on all available options.
  • Supply full details for all matters related to the title insurance transaction.
  • Ensure that the recommended product meets the client’s needs.

Keep in mind that you are the customer and can choose any one of the title insurance companies that you think would best meet your needs.

Learn more about Title Insurance at the Financial Services Council of Ontario or the Insurance Bureau of Canada websites.

 

Need more information, or want to discuss your Real Estate needs?  Contact us anytime - we are here to help!