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Ontario Condo Status Certificates: What They Disclose

By Recording Law Editorial Team8 min read
Ontario Condo Status Certificates: What They Disclose

Frequently Asked Questions

How long does an Ontario condo corporation have to provide a status certificate?

Under section 76 of the Condominium Act, 1998, the corporation must deliver the status certificate within 10 days of receiving a written request and the prescribed fee.

How much can a status certificate cost in Ontario?

The fee is capped by regulation at $100, including HST. The corporation cannot charge more regardless of how much work the request involves.

Can I make my condo purchase conditional on reviewing the status certificate?

Yes. Most Ontario resale agreements for condo units are drafted conditional on the buyer's lawyer reviewing the status certificate to their satisfaction within a set number of days after it is delivered.

What happens if the status certificate turns out to be wrong or incomplete?

Section 76 binds the corporation, as against the purchaser, to what the certificate states. This is why lawyers treat the certificate as reliable and why an inaccurate certificate can weaken the corporation's later position.

Does the status certificate resolve disputes with future neighbours in the building?

No. It discloses the corporation's finances, litigation exposure and rules, including pet, rental and smoking rules, but it does not resolve personal disputes between owners. Those go through the condo's board, the Condominium Authority Tribunal where its jurisdiction applies, or the courts.

Can the Condominium Authority Tribunal hear a dispute about a status certificate?

No. CAT's current jurisdiction is limited to records disputes, pets and animals, vehicles/parking/storage, and specific nuisance complaints. A status certificate disagreement is generally handled through the purchase agreement's conditions or through the courts, not CAT.

Updates

The Condominium Authority Tribunal's jurisdiction expanded to include nuisance disputes, noise, odour, smoke, vapour, light and vibration, adding to its October 2020 expansion into pets and animals, and vehicles, parking and storage.

Sources and References

  1. Condominium Act, 1998, S.O. 1998, c. 19, s 76 (status certificate)(ontario.ca).gov
  2. e-Laws consolidated text of the Condominium Act, 1998(ontario.ca).gov
  3. O. Reg. 48/01 under the Condominium Act, 1998 (status certificate fee)(ontario.ca).gov
  4. Condominium Authority of Ontario, About the CAO(condoauthorityontario.ca)
  5. Condominium Authority Tribunal, jurisdiction and case types(condoauthorityontario.ca)
  6. Ontario, Line Fences Act, R.S.O. 1990, c. L.17(ontario.ca).gov
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