The Prohibition on the Purchase of Residential Property by Non-Canadians Act -- which came into effect in January of this year and bans foreigners from buying residential real estate in the country for two years -- is weird.

We can debate whether banning foreigners from buying residential real estate is really helpful for housing affordability and if it's the most impactful place to focus our attention (and we have talked about this many times before), but the part that is particularly odd is this feature here:

...the law’s definition of residential property includes land that is zoned for residential use or mixed use, which covers huge swaths of commercial land across the country. As well, an entity is deemed foreign if a non-Canadian owns a minimum of 3 per cent of the entity.

What this means is that the following scenario is now technically a problem (not actual legal advice!):

• You own a commercial property with zero homes

• You have long-term commercial leases in place that also generally preclude you from building new homes in the foreseeable future

• The zoning of your property allows for residential uses (which you like having in your back pocket)

• And your cousin from Italy owns 3% of the entity that owns the real estate

This is a scenario where residential homes do not exist and they are unlikely to exist any time soon. It seems clear cut, but I suppose one could argue that it's exceedingly onerous to try and figure out which sites are soft sites and could actually be developed with new residential. And so if you have the potential to build and then own residential, you should be regulated as if you might ultimately own some of it one day.

But even here, I don't know why we would want to restrict the supply side of the housing equation. If you're a developer in Canada where housing is known to be kind of expensive and you want to build more of it for Canadians, isn't that a good thing? And isn't it also a good thing if we can get some non-Canadians to help pay for these new homes?

Rachelle Younglai's recent piece in the Globe and Mail does a great job summarizing Canada's COVID-19 housing boom. The title of the article is, "How Canada's real estate market defied expectations in the COVID-19 pandemic."

Non-mortgage debt is down. Mortgage debt is up. Money is cheap. And people are clamoring for drivable vacation homes. Average home prices in places like Prince Edward County and the Kawartha Lakes (both outside of Toronto) are up ~30% from Jan 2020 to Jan 2021.

But after I sent this article around this morning, I was reminded that this is a good summary of what has just happened. It, for the most part, does not speak to what might happen going forward.

None of us can travel anywhere. We're stuck at home. And immigration volumes last year were down some 48% in Toronto, 43% in Vancouver, 40% in Montreal, and 46% in Calgary. The Toronto region went from about 120,000 new permanent residents in 2019 to about half that last year.

The behaviors and market outcomes that we have seen over the last 12 months, therefore, make intuitive sense. But how about the next 12 months or the next 5 years? I would prefer to use this latter time period for decision making right now.

Chart: The Globe and Mail