b. Provincial Legislation Generally, Alberta, British Columbia, Ontario and Quebec allow non-citizens to acquire, hold and dispose of residential property the same as citizens and permanent residents.108 However, some provinces have implemented limitations in certain circumstances.109 For example, in Alberta there are limitations on non-Canadian and non-permanent residents in the number of parcels of land and the amount of acreage they can acquire of rural real estate in Alberta.110 In addition, Alberta, British Columbia and Quebec place restrictions on non-citizens and nonresidents in the acquisition of public lands.111 Ontario and Quebec also implement higher taxes on non-citizens and non-permanent residents in respect of land transfer and property taxes.112 On a practical matter, all persons who purchase real estate will require a lawyer in order to register the transfer of real estate property. To complete this transaction, lawyers must confirm and verify the identity of their clients with valid government issued identification.113 The “independent source documents” that are most often listed to verify a client’s identity includes: a driver’s licence; birth certificate; provincial or territorial health insurance card; passport; or similar record.114 III. Assessment Based on the above review, it appears that the Canadian legal framework respecting the acquisition and disposal of real property in Alberta, British Columbia, Ontario and Quebec permits non-citizens, including stateless persons, the ability to acquire and dispose of residential property the same as citizens and permanent residents. While, some restrictions apply in certain circumstances to non-citizens in the purchase of rural land, public land, and transfer/property For example, see Property Law Act, RSBC 1996, c 377, at s. 39, available at: http://canlii.ca/t/528hv: 39(1). A person who is not a Canadian citizen has the same capacity to acquire and dispose of land in British Columbia as if he or she were a citizen; (2) A person must not be disturbed in the possession or precluded from the recovery of land in British Columbia merely because of the citizenship or lack of citizenship of some person from or through whom he or she may derive title. And see, Aliens' Real Property Act, RSO 1990, c A.18, http://canlii.ca/t/g3. Aliens’ powers as to real estate: 1. Every alien has the same capacity to take by gift, conveyance, descent, devise, or otherwise, and to hold, possess, enjoy, claim, recover, convey, devise, impart and transmit real estate in Ontario as a natural born or a naturalized subject of Her Majesty. 109 Although not the focus of this report, the province of Prince Edward Island (P.E.I.) maintains some of the most significant restrictions on out-of-province residents in the acquisition of real estate, see Lands Protection Act, RSPEI 1988, c L-5, available at: http://canlii.ca/t/52cl0. 110 Foreign Ownership of Land Regulations, Alta Reg 160/1979, available at: http://canlii.ca/t/km9v. The limit is two parcels and 20 acres of rural land. This regulation also includes additional restrictions not mentioned in this report. 111 Xiaojing Qin, “Foreigners' Right to Acquire Land under International Economic Agreements” (2011) 8 Manchester J. Int'l Econ. L. 57 at 67 [Qin]. 112 Ibid. 113 Law Society of Alberta, The Rules of the Law Society of Alberta, r. 118.6(1), available at: http://tinyurl.com/pzq3awc; Law Society of British Columbia, Law Society Rules, r. 3-95(1), available at: available at: http://tinyurl.com/p4o42s7; Law Society of Upper Canada, By-Law 7.1, at s. 23(7), available at: http://tinyurl.com/p5xkoqq; Barreau du Québec, Regulation respecting accounting and standards of professional practice of advocates, ss. 13-14, 20-27, available at: http://canlii.ca/t/526jh. 114 Ibid. 108 25 25