Canadian Property, Neighbour & Condo Law by Province

Property law in Canada is provincial, so whether a defaulting mortgage ends in a lender's power of sale or a full judicial foreclosure, whether you can fence off your own yard, and how a condo status certificate works all depend on which province the property sits in.

Property Law in Canada Is Provincial, Not National

There is no single Canadian property code. Section 92(13) of the Constitution Act, 1867 assigns "property and civil rights" to the provinces, so mortgage remedies, condominium governance, land registration, fences, and neighbour disputes are each set out in ten (and three territorial) separate statute books. A rule that is true in Ontario can be false in British Columbia, and a rule that used to be true anywhere can have changed on a specific commencement date.

This hub pulls together the cluster's individual guides on mortgage default, adverse possession, boundary fences, noise, condo and strata governance, trespass, and neighbour disputes, and leads with the comparison that trips up the most readers: what actually happens when a mortgage goes unpaid.

Power of Sale vs Judicial Foreclosure: Where You Live Decides the Process

Canada does not have one foreclosure system. Provinces split into two families, and the split changes both the process and whether a lender can come after you personally for money still owed after the property is sold.

In a power of sale province, the mortgage document itself gives the lender the right to sell the property after a statutory notice period, without asking a judge first. The sale still has to be conducted in good faith and for a reasonable price, and any surplus above the debt, interest, and costs must be paid to the borrower. Critically, the reverse is also true: if the sale price falls short, the borrower remains on the hook for the deficiency and can be sued for it.

In a judicial foreclosure province, the lender must go to court. British Columbia's process centers on an order nisi, which sets a redemption period during which the borrower can pay the arrears and keep the property before the court finalizes the foreclosure. Alberta and Saskatchewan add a further protection: under Alberta's Law of Property Act and Saskatchewan's Limitation of Civil Rights Act, a lender that forecloses on a typical residential mortgage is generally limited to taking the property itself and cannot sue the borrower personally for whatever shortfall remains. Manitoba and Nova Scotia use judicial foreclosure too, but without that same deficiency shield, so a lender there can still pursue the borrower for the balance. Quebec does not use foreclosure terminology at all; its Civil Code gives a mortgage creditor a menu of hypothecary recourses, including taking the property in payment of the debt or forcing a sale by judicial authority, and which recourse applies affects whether any shortfall can be pursued.

See the full breakdown, including notice periods and redemption mechanics, on the dedicated power of sale vs judicial foreclosure guide.

Mortgage Default: What Happens After a Missed Payment

Missing one payment does not trigger an immediate sale in any province. Lenders are required to send a formal default notice and observe a statutory notice period before starting either a power of sale or a foreclosure action, and during that window a borrower can typically cure the default by paying the arrears, interest, and reasonable costs. Provincial land registration rules (Land Titles versus the older Registry system) also affect exactly how a lender registers and enforces its security, which is part of why the same mortgage document can play out differently depending on where the land sits.

Borrowers facing default should read their mortgage document's default and remedy clauses closely, since the contract itself, not just the underlying statute, sets many of the specific timelines a lender must follow.

Adverse Possession and Squatters: A Doctrine That Is Disappearing

Adverse possession, sometimes called squatter's rights, lets someone who has openly, exclusively, and continuously occupied land without the owner's permission for a set period eventually claim title to it. In Ontario, this doctrine survives only in a narrowing corner of property law. It cannot be claimed against land registered in the Land Titles system, which now covers nearly all Ontario land, and is only available against the older Registry system, together with a requirement of 10 years of open, notorious, exclusive, continuous, and adverse possession.

Most provinces that converted their land registries to a Land Titles model have gone further and abolished the doctrine for practical purposes, including Alberta, Saskatchewan, and British Columbia for Crown land and most privately held parcels. That means, in the large majority of Canada today, simply occupying land you do not own is not a realistic or lawful route to acquiring it, and this hub does not suggest otherwise. Anyone dealing with a boundary encroachment or a long-standing occupation dispute should get advice on their specific province and specific land registration system before assuming any possessory claim exists.

Full detail on the province-by-province rules, including which provinces still allow a possessory claim at all, is in the adverse possession and squatters guide.

Property Lines, Fences, and Boundary Disputes

Where exactly a property line runs, and who has to pay for the fence that marks it, is overwhelmingly a municipal question in Canada, not a provincial or federal one. Local bylaws typically set fence height limits, materials, and setback rules, and a municipality's building or bylaw department is usually the first stop for a boundary dispute.

Ontario is a partial exception. Its Line Fences Act creates a specific, little-known mechanism: when neighbours cannot agree on a shared boundary fence, either side can ask the local municipality to appoint fence-viewers, who inspect the property and issue a binding award on the fence's location, type, and cost-sharing. It is a faster and cheaper route than a civil lawsuit, and most Ontario homeowners have never heard of it.

More detail, including how to actually request a fence-viewer and what other provinces do instead, is in the property lines and fences guide.

Noise Bylaws and Neighbour Disputes

Noise complaints, like fences, are handled through municipal noise bylaws rather than a single national or provincial noise law. Permitted decibel levels, quiet hours, and construction-noise exemptions vary by city and even by neighbourhood zoning. Where a bylaw complaint does not resolve an ongoing problem, and the noise or nuisance is serious and persistent, a neighbour can also pursue a private nuisance claim, often through small claims court given the modest amounts typically at stake.

The cluster's noise bylaws guide and neighbour disputes guide walk through both the bylaw-complaint route and the civil nuisance route, and Canada Small Claims Court by Province explains the monetary limits and filing steps if a dispute ends up in court.

Condos and Stratas: Status Certificates and Form B

Condominium and strata corporations are governed by their own dedicated statute in each province, and the paperwork buyers and owners rely on has real legal weight.

In Ontario, section 76 of the Condominium Act, 1998 requires a condo corporation to provide a status certificate within 10 days of receiving a written request and the prescribed fee, and that fee is capped at $100, including HST. The certificate discloses the corporation's finances, reserve fund status, insurance, any legal proceedings, and unit-specific arrears, and it is a standard condition in most Ontario condo resale deals. Ontario's Condominium Authority Tribunal currently hears a defined set of condo disputes, and there has been public discussion about expanding its jurisdiction further, but that expansion is a proposal, not current law, and should not be treated as already in force.

British Columbia's equivalent document is the Form B information certificate under the Strata Property Act. British Columbia also changed the substance of strata governance in 2022: Bill 44, in force November 24, 2022, eliminated rental restriction bylaws, meaning stratas can no longer ban owners from renting out their units, and it restricted age restriction bylaws to buildings that qualify as 55-plus housing. A strata bylaw purporting to ban rentals generally is no longer enforceable after that date.

See the Ontario condo status certificate guide and the BC strata Form B and rules guide for the full mechanics, including what buyers should check before waiving a status certificate condition.

Trespass and Right of First Refusal

Trespass to land is also set by provincial statute rather than one national law; most provinces have their own trespass act setting out entry restrictions, signage rules, and the penalties for ignoring a clear no-trespassing notice. The trespass laws guide covers how those provincial regimes differ and what a property owner can and cannot do to enforce a boundary against an unwanted entrant.

A right of first refusal is a contractual clause, common in family land transfers, co-ownership agreements, and some commercial leases, that gives a specific person the first opportunity to buy a property before the owner sells to anyone else. It is a matter of contract law layered on top of provincial property law, and the right of first refusal guide explains how these clauses are drafted, triggered, and enforced.

Explore the Property, Neighbour and Condo Cluster

• Power of Sale vs Judicial Foreclosure in Canada
• Adverse Possession and Squatters in Canada
• Property Lines and Fences in Canada
• Noise Bylaws in Canada
• Ontario Condo Status Certificates
• BC Strata Form B and Rules
• Trespass Laws in Canada
• Neighbour Disputes in Canada
• Right of First Refusal in Canada
• Canada Tenant Rights by Province
• Canada Small Claims Court by Province
• Canada Legal Guides Hub

Disclaimer: This page is for general informational purposes only and is not legal advice. Property, mortgage, condominium and municipal bylaw rules vary by province and municipality and change over time. Consult a lawyer licensed in the relevant province, or the applicable land titles office, condominium authority, or municipality, for advice on a specific property or dispute.