TAILIEUCHUNG - Foreign Investment in Canadian Real Estate

Readings for the course are attached. The readings come from a series of articles provided in a bulk pack. The volume of material is not overly burdensome for a course of this type, but some of the material is difficult. All readings should be done prior to the class for which it is assigned. In general, I have tried to pair academic papers with recent industry reports, with the goal of marrying sound theory and empirical analysis with relevant current events and practices. Class sessions are organized with the same goal in mind. . | Osler Hoskin Harcourt llp Doing Business in Canada Foreign Investment in Canadian Real Estate by GEORGE m. valentini ADRIAN hartog There are several legal structures available for investment in Canadian real estate. Understanding the principal issues involved in acquiring leasing financing or developing a property in Canada will assist a foreign investor in properly assessing the risks and rewards associated with any proposed investment. chapter 16 Foreign Investment in Canadian Real Estate The provinces have primary responsibility for property law in Canada. In all provinces except Quebec property law has developed through the English common-law process. In Québec property law is governed by the Civil Code of Québec which is derived from the Napoleonic Code. There is no constitutional protection for property rights in Canada. Consequently property can be expropriated by government and quasi-governmental authorities but appropriate compensation must be paid. Interests in land are generally held directly in fee simple or by leases as leasehold interests. Condominium or strata title ownership is also common throughout Canada. All provinces maintain a system of public land titles registration whereby ownership can be verified and through which interests in land are registered. Investment Vehicles There are several legal structures available for investment in Canadian real estate including a general partnership a limited partnership co-ownership commonly known as a joint venture a corporation a trust personal ownership or any combination of the foregoing. The choice of an appropriate investment structure will be governed by factors such as tax planning requirements liability issues and business considerations and each foreign investor s rules and regulations. For more information see Chapter 02 Forms of Business Organization in Canada starting on page 10. Acquisitions The first document in any real estate acquisition is normally the Agreement of Purchase and Sale .

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