Can I buy in Banff?
The short answer is yes, anybody can buy in Banff. However, there is a need to reside that people need to be aware of when it comes to owning property in the National Park.
When you buy a property in Banff, you aren't purchasing or owning the land beneath it. The land remains under the ownership of Parks Canada, which grants buyers a ‘leasehold’ interest in the property. This type of interest provides all the rights of freehold ownership, except for the land itself. In Banff, lease terms last 42 years and run with the title and are renewed at the end of this period. Renewals are typically straightforward, relatively low cost and can by done by any lawyer familiar with Parks legislation.
The following information is taken from the parks Canada Website, please visit the below links for further information:
Parks Canada Information
According to the National Parks Lease and License of Occupation Regulations an eligible resident is defined as:
(a) an individual whose primary employment is in the park,
(b) an individual who operates a business in the park and whose presence at the place of business is necessary for the day-to-day operation of the business,
(c) a retired individual who resides in the park and who, for five consecutive years immediately prior to retirement,
(i) was employed primarily in that park, or
(ii) operated a business in that park and whose presence at the place of business was necessary for the day-to-day operation of the business,
(d) a retired individual who resided in the park at the time of the individual's retirement and who resided in that park on July 30, 1981,
(e) an individual who is a student in full-time attendance at an educational institution that is located within the park and registered under the Income Tax Act or applicable provincial legislation relating to education,
(f) an individual who is a lessee of public lands in the park and who
(i) was the lessee of those public lands prior to May 19, 1911, or
(ii) is a descendant, by blood or adoption, of an individual who was the lessee of those public lands prior to May 19, 1911, or
(g) the spouse or common-law partner or a dependent of an individual referred to in any of paragraphs (a) to (f).