Each province has jurisdiction over the ownership, use and development of real property within its boundaries, with a few exceptions that are under federal jurisdiction, such as lands reserved for Canada’s Indigenous peoples, national parks, military reserves and harbours. Provincial real property law has evolved from English common law principles, except in Québec.
Canada occupies an immense geographical area of 9.985 million square kilometres, or 3.855 million square miles. With a growing population and extensive land available for commercial, industrial, residential and recreational development and resource extraction, Canada attracts substantial foreign investment in real estate. Each province and territory has jurisdiction over the ownership, use and development of real property within its boundaries, with a few exceptions that are under federal jurisdiction, such as lands reserved for Canada’s Indigenous peoples, national parks, military reserves and harbours. Provincial real property law has evolved from English common law principles, except in Québec, where real property is governed by the Civil Code of Québec. Land Titles Most provinces in Canada record land ownership under a computerized registry system (under which title to real property is certified by a government official). Ontario has a centralized land titles system, which registers, stores and manages land records such as transfers, charges and plans of survey. Access to this system is restricted to users holding licences granted by the Ontario government. Specialized software is used to register documents electronically. The parties’ legal representatives are authorized to electronically sign, complete and register the documents. The Québec system allows electronic registration, but does not provide for certification of title by the land registrar. Land Ownership Structures Most land in Canada is held in “fee simple” or its equivalent in Québec (absolute ownership for an indefinite duration) rather than on a leasehold basis (tenure when one party has the right to occupy a property for a fixed duration as granted by the owner of the land). Many areas are still owned by the Crown. Most resource extraction is carried on under leases or other limited-term rights granted by the federal or provincial governments.
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Doing Business in Canada
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