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Cottage Life

Non-Resident Speculation Tax increase deters Americans looking to cottage in Ontario

The cost of purchasing property in Ontario has become steeper for non-residents. On October 25, the provincial government increased the Non-Resident Speculation Tax (NRST) from 20 per cent to 25 per cent. This is the second tax bump to the NRST in the last year.

The NRST applies to foreign nationals, meaning someone who isn’t a Canadian citizen or a permanent resident in the country and is purchasing or acquiring residential property in Ontario. It’s a one-time tax applied at the time of sale. The government estimates that the tax will generate $175 million this year.

The government introduced the tax in April 2017 to deter foreign buyers from purchasing rental properties and driving up housing prices. At the time, the government set the tax at 15 per cent, limiting it to the Greater Golden Horseshoe Area, which stretches throughout southern Ontario, covering Niagara Falls, Toronto, Barrie, and Peterborough.

In March 2022, the tax increased to 20 per cent and expanded provincewide. The government claimed the increase was part of its pledge to fight Ontario’s housing crises, prioritizing Canadian families and homebuyers.

The October NRST bump to 25 per cent shows that the government feels foreign buyers are still a contributing factor to the province’s housing crises.

“We are working to end Ontario’s housing supply crisis—both by building 1.5 million new homes over the next 10 years, and by ensuring Ontarians are able to access our existing housing supply,” said Steve Clark, the province’s Minister of Municipal Affairs and Housing, in a statement.

The NRST increase accompanies a series of federal government initiatives aimed at improving housing affordability, including a two-year ban on foreign investment in Canadian housing, starting January 1, 2023.

The prime target of these initiatives is foreign buyers snapping up investment properties in urban centres, but Americans looking to buy a cottage are also being caught in the crosshairs.

Sara West, a realtor in Pointe au Baril, north of Parry Sound, says that the area has a strong American cottager contingent, but real estate interest from the south has been waning in recent years. “There was a fair amount of interest until there was the pandemic, so [Americans] couldn’t come,” West says. “And then there’s the tax. I’ve heard from a few American people saying, ‘I can’t buy’.”

Attracting Americans to the area stimulates the local economy, West says. American cottagers stay for long periods of time, they use local contractors and make purchases in the town’s stores. Introducing barriers will impact that.

The two-year ban on foreign investment is also confusing the issue. West was recently working with an American couple, one of whom is a Canadian citizen, to find a cottage in the area. When she started looking into the two-year ban and how it would affect the cottage purchase, she couldn’t find any information. “We called lawyers and they couldn’t tell us,” she says.

The details of the ban have yet to be published, so it’s unclear whether it will apply to cottage properties. The Finance Department did not respond to Cottage Life’s questions about what the ban will cover.

This doesn’t mean Pointe au Baril is immune to Ontario’s affordability crisis, though. West says property prices skyrocketed during the pandemic. But that wasn’t driven by American buyers, and she doesn’t think deterring them will bring prices down. It’ll just hurt local businesses, she says.

Terry Rees, executive director of the Federation of Ontario Cottagers’ Associations (FOCA), points out that it’s not just potential American buyers being targeted, it’s also Americans who’ve owned cottages in Canada for generations.

Starting January 1, 2022, the federal government introduced the Underused Housing Tax. This is an annual, one-per-cent tax on residential properties owned by non-Canadians that are occupied for less than six months a year. Three-season cottages that aren’t winterized are exempt, but Rees says that if an American owns a four-season cottage, it’s likely they’ll have to pay the tax.

“These are our friends and neighbours,” Rees says. “It’s been [FOCA’s] contention with the feds that taxation on these people has unintended consequences because it’s a penalty that really doesn’t address housing shortages or affordability.”

Americans buying cottages in Canada represent such a small segment of the real estate market that increasing their taxes likely won’t free up housing for Canadians or cause prices to ease in urban centres, Rees says. It’ll just hurt the cottage communities that Americans are a part of or want to become a part of.

“In the north, people count on [cottagers],” he says. “There’s a lot of Americans all over the province owning waterfront property, and most people are part of the community. I don’t think that the intent should be to dissuade people from investing in our rural communities.”

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Cottage Life

As a cottager do I have to pay the Underused Housing Tax?

On June 9, 2022, the Underused Housing Tax (UHT), a new bill that levies an annual one per cent tax on foreign-owned residential properties considered underused, received royal assent.

Similar to B.C.’s Speculation and Vacancy Tax, the UHT is designed to prevent non-Canadian residents from buying Canadian real estate and driving up housing costs without actually living there.

When the tax was first proposed in August 2021, the Federation of Ontario Cottagers’ Associations (FOCA) was concerned that secondary property owners, such as cottagers, might be unintentionally caught in the crosshairs. If cottages fell under the definition of underused properties, owners would have to pay the tax.

“Without absolute clarity (being worked out currently in Committee hearings for Bill C-8) there was the fear that absentee [and] part-time, non-Canadian cottage residents would be subjected to a tax that was actually intended to address urban affordability and housing shortages,” said Terry Rees, president of FOCA.

The UHT legislation clarifies that the tax doesn’t apply to any Canadian residents, regardless of the number of properties they own within the country. The tax only applies to foreign owners. This means the bill could still impact Americans who own cottages in Canada.

However, when defining a “residential property,” the legislation’s language specifically targets detached homes, duplexes, triplexes, semi-detached homes, rowhouse units, and residential condos. It doesn’t mention cottages or recreational properties. Read the final version of the bill here.

The bill also exempts properties that aren’t suitable for year-round use. This means that if a cottage is zone residential but not winterized and can only be used for a portion of the year, it is exempt from the tax. Properties being rented out to someone on a long-term basis at a “fair rent” price are also exempt. Otherwise, the owner is expected to occupy the property for a minimum of six months a year.

For foreign owners who are required to pay the tax, an annual declaration for each residential property owned must be filed by April 30. The first filing would happen on April 30, 2023. The tax is then calculated as one per cent of the property’s taxable value.

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Cottage Life

Cottagers encouraged to ‘be wake aware’ ahead of May long weekend

As we approach the May long weekend, the Federation of Ontario Cottagers’ Associations (FOCA), in partnership with the Muskoka Lakes Association (MLA) and Safe Quiet Lakes, is promoting its #WakeAware campaign, reminding cottagers to be wake aware and conscious of the damages motorboat wakes can cause to a lake.

The group first launched the campaign in 2021, prompted, in part, by a major increase in the use of Ontario’s waterways during the pandemic. In 2020, the number of new Pleasure Craft Operator Cards (PCOCs) issued in Ontario reached an all-time high of 237,000. In 2021, there were an additional 200,000 new boating licenses issued.

More motorboats on the water threaten other recreational users, said the #WakeAware group in a statement. A large wake can swamp swimmers, kayakers, canoeists, and paddleboarders, posing a drowning risk.

In addition to threatening other recreational users, a study published in the North American Lake Management Association’s journal, Lake and Reservoir Management, found that the wake generated by motorboats can erode the shoreline, damage docks, and disrupt aquatic ecosystems. This is particularly concerning for loons, which create nests close to the shoreline at this time of year. A series of large waves caused by a boat could flood the nest, sweeping away the eggs. Due to loons’ low reproduction rate, the loss of any eggs has a major impact on the species.

The study reported that during one summer season on Whitestone Lake near Magnetawan, Ont., motorboat wakes accounted for 61 per cent of total wave energy generated on the lake.

The most damaging wakes, said the ‘be wake aware’ group, are caused when you plow away from a dock, boat launch, or marina with your bow up, when you decelerate quickly, or when you make a turn close to shore. To avoid causing any damage, the group suggests reducing your speed any time you’re near the shore or approaching narrows.

You also want to limit the amount of time driving with your bow raised out of the water. This occurs when you transition from a slow speed to a fast speed or vice versa. Position your passengers throughout the boat to evenly distribute weight so that you don’t spend unnecessary time in this transitional phase, said the #WakeAware group. And if you plan to waterski, wakeboard, or tube, start the activity in the middle of the lake, at least 200 metres from the shoreline.

To help promote the ‘be wake aware’ campaign this year, the group has introduced a Marine Ambassadors program, which involves marina operators joining the group’s coalition to promote wake awareness among its customers.

“A lot of people don’t realize when they whip out of here how much damage their wake does to docks and other boats,” said Dawn Campbell of Balsam RPM, a Haliburton County marina, in a statement. She was one of the first Marine Ambassadors to sign up for the program.

If you want to find out more about how boats’ wakes are affecting your lake, you can check out the #WakeAware group’s website.