II. Canadian Legal Framework Considering the extent of the legal matters that could be discussed under Article 13, this section only briefly surveys the Canadian legal framework with respect to the ability of a stateless person to purchase residential property in Alberta, British Columbia, Ontario and Quebec. Both the federal government and provincial governments have legislation relating to the ability of a foreign national to purchase real property.102 a. Federal Legislation The Citizenship Act provides the general rule that non-citizens are able to acquire, hold and dispose of real and personal property of every description in the same manner and in all respects, as does a citizen.103 Furthermore, non-citizens are able to derive through, from, or in succession a title to real and personal property of every description, in the same manner and in all respects, as does a citizen.104 However, subject to some restrictions, the Citizenship Act authorizes the provinces to prohibit, annul or restrict non-citizens from the taking, acquisition, or the succession to any interest in real property located in the province.105 This includes corporations or associations that are controlled by non-citizens. The province may make regulations in this respect that determine: what transactions constitute a direct or an indirect taking or acquisition of any interest in real property located in the province; what constitutes effective control of a corporation or association by persons who are not citizens; and what constitutes an association.106 The restrictions the Citizenship Act imposes on the provinces to establishing limitations on non-citizens are that the provinces cannot make any decision or take any action that: • Prohibits, annuls or restricts the taking or acquisition directly or indirectly of, or the succession to, any interest in real property located in a province by a permanent resident; • Conflicts with any legal obligation of Canada under any international law, custom or agreement; • Discriminates between persons who are not citizens on the basis of their nationalities, except in so far as more favourable treatment is required by any legal obligation of Canada under any international law, custom or agreement; • Hinders any foreign state in taking or acquiring real property located in a province for diplomatic or consular purposes; or • Prohibits, annuls or restricts the taking or acquisition directly or indirectly of any interest in real property located in a province by any person in the course or as a result of an investment is likely to be of net benefit to Canada under the Investment Canada Act107 Constitution Act, 1867, supra note 51. The federal government legislates with respect to aliens and naturalization under s. 91(25), while the provincial governments legislate with respect to property and civil rights in their respective provinces under s. 92(13). 103 Citizenship Act, supra note 22 at s. 34(a). 104 Ibid., at s. 34(b). 105 Ibid., at s. 35(1). 106 Ibid., at s. 35(2). 107 Ibid., at s. 35(3). 102 24