Your dream in the water because of Ottawa

Your dream in the water because of Ottawa

Immigrants who are already well-integrated in Quebec have been penalized by a federal law since January 1 that bans them from buying a property, even if it’s to earn a living there.

• Also read: A family victimized by federal law

“We understand that the government wants to protect Canadians from those who buy and speculate, but that is very far from our case! We want to buy a house to feel at home,” launches a French worker.

This educator, who asked to keep her identity secret so as not to disrupt the immigration process, arrived in Quebec almost three years ago and settled in Quebec with her husband and two daughters.

On December 15, they signed a promise to buy a house in Quebec and were scheduled to complete the transaction at the notary on February 1. However, with the enactment of the Non-Canadian Residential Property Purchase Act on January 1, 2023, these immigrants are permanently unable to purchase their homes.

This measure prevents foreigners who are not permanent residents from acquiring real estate in the country. According to the federal government, this should prevent real estate speculation by foreign investors, which is driving up house prices significantly, for at least two years.

Blur the law

But many immigrants face the law even if they signed a promise to buy before the ban.

“The notary refuses to let us sign the deed because it had to be signed before January 1st. Within a month we could have been the owner,” regrets the 36-year-old teacher, who asked for anonymity.

The Chambre des notaires du Québec contacted by Le Journal and the Organization d’autoréglementation en courtage immobilier du Québec or the Association des courtiers immobiliers du Québec declined to comment.

They are awaiting a verdict soon after a developer who sold condos under construction between 2018 and 2020 took legal action in December to clarify the situation.

next to the question

For its part, Canada Mortgage and Housing Corporation dodged questions from the Journal.

“The government of Canada has proposed exceptions to the ban that will allow temporary residents and others making a living in Canada to become homeowners in their communities,” the email replies.

The Office of Housing Minister Ahmed Hussen did not respond to our questions.

It’s utter disillusionment for the family, who also blamed immigration’s delays in processing their permanent residence records.

“We sold everything and left everything behind to come here and settle down,” explains the family man. It’s a $230,000 home with lots of renovations. We are far away from speculation. »

Not possible for immigrants

Non-Canadians are prohibited from directly or indirectly acquiring residential property.”

Resident Persons

  • A person other than a Canadian citizen, a person registered as an Indian under the Indian Act, or a person of permanent residence

Exceptions for:

The refugees;

  • Non-Canadians purchasing with a common law or Canadian spouse, permanent resident, Indian registered under the Indian Act, or refugee;
  • Work permit holder who has worked full-time in Canada for at least three years prior to the year of purchase and has filed at least three tax returns;
  • temporary residents who are enrolled in an approved program of study and have “resided in Canada a minimum of 244 days in each of the five calendar years prior to the year of acquisition” and “with respect to five tax years prior to the year of acquisition, all income tax returns filed after must be submitted to the Income Tax Act. »

A harsh punishment

  • Non-Canadians who break the law, and any person or entity who directly or indirectly advises, causes, assists or encourages a non-Canadian to purchase a residential property may be found guilty of a felony and carry a maximum fine of 10,000 US dollars to be charged.

Source: Government of Canada

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