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Offshore on shore? Prime ecological land on the shore of Oak Bay, up for sale for over 50 million dollars – reveals giant Elephant in the Room loophole in the so-called “Foreign Buyers Ban”.

“The foreign buyer ban does not apply to vacant land. This means that if there are no homes built on the property, they can be purchased by foreign buyers.”

Vacant or recently vacated? Two historic were recently demolished on these 2 lots. One of the homes torn down was once owned by the Ross Family of Butchart Gardens

Above: A screen capture from a real estate listing, describes the 2 lots for sale on the shore of Oak Bay as *Foreign Buyer Ban Exempt* and includes the text: “these parcels are primed for development”.


By Sasha Izard
Aug 17, 2025


2 lots are up for sale on prime ecological lands on the shore of Oak Bay. They are described in the listing as “*Foreign Buyer Ban Exempt*“.

Up until very recently the lots had 2 historic homes present on them. These were recently demolished. One of the homes torn down had been the historic home of the Ross family of Butchart Gardens.

I wanted to know why these now empty lots containing a plethora of ecology by the sea, were now being advertised as “Foreign Buyer Ban Exempt”.

I reached out by email to Sothebys and the Realtors whose contacts were provided on the listing:

Hello,

In the following listing description, the two lots are described “*Foreign Buyer Ban Exempt*” : For sale: 1069/1101 Beach Dr, Oak Bay, British Columbia V8S2N2 – 1008863 | REALTOR.ca

How are these lots Foreign Buyer Ban Exempt?

Thank you,
Sasha Izard

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I promptly received a response from Logan E. Wilson of the Victoria Luxury Group. Victoria Luxury Group | Sotheby’s International Realty

He wrote:

Hi Sasha,

The foreign buyer ban does not apply to vacant land. This means that if there are no homes built on the property, they can be purchased by foreign buyers.

I hope this answers your question. Please don’t hesitate to ask if you have any other questions.

Best regards,
Logan

Logan Wilson

Personal Real Estate Corporation

Highest Residential Sale in Victoria and Vancouver Island MLS History. 

Sotheby’s International Realty Canada

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I thanked Logan for his prompt and informative reply.

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As it turns out Sotheby’s International Realty Victoria Luxury Group openly advertises Foreign Buyers Ban exempt properties on Vancouver island including around Victoria and also in the Gulf Islands.

The following is a screen capture dated Aug 20, 2025 of the Victoria Luxury Group website:

The rest of the screen captures from the webpage can be viewed in Appendix 1 to this article, located at bottom.

Archived snapshot of the webpage (June 24, 2025):

Real estate listings exempt from the Foreign Buyers Ban across Canada – Victoria Luxury Group | West Coast Property Excellence | Victoria BC

The beginning of the page had written:

“Real estate listings exempt from the Foreign Buyers Ban across Canada

While the Canadian Federal Government has extended the ban on non-residents purchasing homes in high density areas, there are plenty of properties on Vancouver Island and around Victoria that are exempt.”

The webpage continued further down:

“SOME PROPERTIES ARE EXEMPT FROM THE FOREIGN BUYERS’ PROHIBITION

To encourage housing development and capital investment in the Canadian economy, the Prohibition on the Purchase of Residential Property by Non-Canadians Act exempts many areas outside major cities from the limitations, as well as vacant land and real estate investment for the purpose of development.”

“NAVIGATING THE LEGALITIES OF THE NON-RESIDENT PURCHASE BAN

Did you know that a corporation with up to 10% non-canadian ownership is exempt from the prohibition? Be it a personal or corporate purchase, we help you navigate the legislation and invest with confidence, whatever your situation.”

“YOUR TRUSTED EXPERTS TO GET THE EXEMPT PROPERTY YOU WANT”

With over 15 years of experience handling luxury properties, many of them being international transactions, Logan Wilson’s Victoria Luxury Group of Sotheby’s International Realty Canada and their network of lawyers and notaries can help you make your Canadian real estate dreams come true.”

“Start your search”

“Get an expert consultation and explore your options to invest on Vancouver Island

YOUR DREAM HOME ISN’T OUT OF REACH!

GET IN TOUCH”

This was followed by a category for featured listings, and listings for exempt listings on South Vancouver Island, North Vancouver Island, and and the Gulf Islands.

“Working with the right team is critical to ensure your next move is the right move

WITH OUR EXPERTISE AND TENURE HANDLING GLOBAL

TRANSACTIONS, YOU’RE IN GOOD HANDS”

“GLOBAL IS TRULY OUR EXPERTISE!

As licensed real estate agents of Sotheby’s International Realty Canada, one of the world’s leading multinational real estate brokerages, we have a proven track record of helping investors from all over the world.

VICTORIA & VANCOUVER ISLAND IS OUR HOME

Logan and team are a household name in luxury real estate across Vancouver Island – from Victoria to Comox Valley, from Nanaimo to Tofino. Get the top-rated agents in the best part of Canada!

A COMPREHENSIVE AND PROFESSIONAL NETWORK

Seamless real estate transactions require more than just a well-versed real estate agent. Logan’s trusted team of lawyers and notaries and more are on your team when you work with us.”

“Ready to start looking?

WE ARE HERE TO HELP YOU NAVIGATE THE FOREIGN BUYERS BAN.”


At the bottom of the page on the Jun 24, 2025 Archive.org snapshot of the site:

As I perused the webpage on Aug 20, 2025 a popup at the top of the navigation screen appeared offering: “WE ARE HERE TO HELP YOU NAVIGATE THE FOREIGN BUYERS BAN” followed by an email, phone, and message line, along with contact info for the Victoria Luxury Group.

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Conclusion:

The so-called Foreign Buyers Ban is officially titled the “Prohibition on the Purchase of Residential Property by Non-Canadians Act”. It will expire on Jan 1, 2027.

The Act contains numerous loopholes that in my view, renders the name of the Act to be false and misleading. In my view, the Act by its name was disingenuous from the very beginning, but if it was actually designed to live up to its name instead of get around it, it would have helped improve affordability for Canadians.

A number of countries prohibit non citizens from buying up land in the country, Indonesia being one such example.

The massive threat to ecology including coastal natural habitat loss, by such purchases if made, is well evinced by the listing in this article.

The loophole could potentially also incentivize developers to tear down existing buildings, in order to make properties eligible for being exempt under the ‘foreign buyers ban’.

I have contacted Federal Liberal MP for the area Will Greaves about the issue of this major loophole in the so called foreign buyers ban, by email and I am looking forward to seeing his response.


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Addendum:

The Province of British Columbia implemented a similar concept with its

‘foreign buyers tax’.

It appears to also have loopholes.

The following is quoted from the Archive.org snapshot of the UDI Capital Region’s Policy and Advocacy Updates page (since taken down with its website in November of 2023):

“Exemptions from the Additional Property Transfer Tax Improved for Partnerships with Foreign Entities

UDI has been working with the Province concerning the Additional Property Transfer Tax for Foreign Entities & Taxable Trustees on the acquisition of residential property for redevelopment (the “Foreign Buyers Tax” or FBT).

Over the past year, UDI has been seeking amendments to improve the Regulation. The Government has now amended Regulation 74/88. The FBT exemption now also applies when a bare trustee corporation acquires property by on behalf of the qualified Canadian-controlled limited partnership, again provided that certain specific conditions are met. The change is retroactive to June 1, 2020.”

Policy and Advocacy Updates – UDI Capital Region (Under heading Provincial, subheading “May 18, 2021 – Temporary Tools Become Permanent Improvements for Local Governments”

See also:

Additional property transfer tax for foreign entities and taxable trustees – Province of British Columbia

B.C. Developers Urge Government to Reconsider Foreign Buyer Ban Amid Housing Supply Crunch

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References:

Listed at the time of writing (Aug 17, 2025) : For sale: 1069/1101 Beach Dr, Oak Bay, British Columbia V8S2N2 – 1008863 | REALTOR.ca

Two historic Beach Drive homes being demolished – Victoria Times Colonist

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Screen captures of the lots in question as listed on the website above:

Appendix 1: Screen Captures taken on Aug 20, 2025 of the Victoria Luxury Group webpage on the foreign buyers ban.

An archived snapshot of the webpage dated to June 24, 2025 can also be accessed from the following link:

Real estate listings exempt from the Foreign Buyers Ban across Canada – Victoria Luxury Group | West Coast Property Excellence | Victoria BC

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Appendix 2 Aug 20, 2025 letter to Oak Bay Mayor and Council on this subject:

Hello Oak Bay Mayor and Council,

I would like to bring your attention to an issue that I found in regard to the two properties mentioned in this article (Beach Dr. and 1069 Beach Dr.):

Offshore on shore? Prime ecological land on the shore of Oak Bay, up for sale for over 50 million dollars – reveals giant Elephant in the Room loophole in the so-called “Foreign Buyers Ban”. – CRD Watch Homepage

The properties are being advertised as “Foreign Buyer Ban Exempt”.

I reached out to a Realtor whose contact was provided on the advertisement and I asked him how these lots qualify as being exempt under the Act.

He replied: “The foreign buyer ban does not apply to vacant land. This means that if there are no homes built on the property, they can be purchased by foreign buyers.”

However, there were two historic homes that were just demolished there, including one that had been a home of the Ross family of Butchart Gardens:

Two historic Beach Drive homes being demolished – Victoria Times Colonist

Does this seem appropriate to you?  Is this even allowed?  Does demolishing historic homes, qualify lots as vacant land under the so-called Foreign Buyers Ban?  Can lots with critical coastal ecology on the Pacific Flyway be snapped up by non-resident buyers, with major multi-million dollar developments, with many dozens of units to be built in the likely future for them?

Are there much needed protections in place that effectively protect against the destruction by development on private properties of coastal and other sensitive ecology in the Oak Bay area?

I emailed the Liberal Member of Parliament for the area, Will Greaves a few days ago on the subject of these properties, in regard to the issue of a major legal loophole which I see undermines the entire concept in the name of the Act.  So far I have not heard a response from the Member of Parliament.

I suggest that the District of Oak Bay, as it being a Local Government is part of a level of government, contact the federal government to sort out this serious issue that jeopardizes local ecology and heritage, and the future of Oak Bay as we know it.

Your reply to this email on this very serious issue for the future of Oak Bay, its heritage and endangered ecology, is most welcome.

Thank you,
Sasha Izard

I also sent the letter to NDP MLA for the area Diana Gibson and asked for a response.

After a week, not one elected official from any level of government responded to my communication about this issue. Is that how democracy in Canada is supposed to operate?

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Update (Oct 31, 2025), MP Will Greaves spoke to me today on the telephone about this issue. Unfortunately, as he responded to my questions by phone and not by email, there is no recording of his words, which may be the reason that he preferred to answer by phone.

I am only left then to paraphrase what I think was the gist of his explanation: that the purpose of the so-called foreign buyers ban is not to block international investment into land/housing, it is to ensure that the land is utilized to increase housing supply and for the housing to be occupied.

Does that reasoning make sense to me? No.

He is more than welcome to put in writing his thoughts on this issue, and I will publish them here if he does so.