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Ontario · Condominium Act, 1998

When is our status certificate due, and what happens if we are late?

The ten-day clock does not start when the request arrives. It starts when the corporation has both the request and the fee. Miss the deadline and the Act does not fine you, it does something worse: it deems a clean certificate to have been issued, and binds the corporation to it.

Status certificate must be given by

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✓ Verified September 12, 2026 · Condominium Act, 1998, s. 76

Sources checked automatically every Monday. Last check October 5, 2026, no change found. See the record

If the deadline is missed

Section 76(5) does not impose a penalty. It writes the certificate for you, in the purchaser’s favour, and s. 76(6) makes it binding.

  • A certificate is deemed given on —, the day immediately after the deadline expires.
  • It is deemed to state there has been no default in common expenses for the unit.
  • It is deemed to state the board has declared no increase in common expenses since the budget date.
  • It is deemed to state the board has levied no assessment against the unit since the budget date.
  • That deemed certificate binds the corporation against a purchaser or mortgagee who relies on it.

Condominium Act, 1998, s. 76(5) and (6).

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What the section actually says

Section 76(3) of the Condominium Act, 1998 is one sentence, and the whole tool turns on when it starts running:

“The corporation shall give the status certificate within 10 days after receiving a request for it and payment of the fee charged by the corporation for it.”

Two conditions, joined by and. A request that arrives without the fee does not start the clock. Neither does a payment that arrives before the request. The ten days run from whichever of the two landed later, and if the corporation charged no fee at all, the request alone is enough.

The consequence is a certificate, not a fine

Boards tend to expect a penalty for a late certificate. The Act does something that costs a great deal more. Section 76(5) deems a certificate to have been given the day after the deadline expires, and writes its contents:

“A corporation that does not give a status certificate within the required time shall be deemed to have given a certificate on the day immediately after the required time has expired stating that, (a) there has been no default in the payment of common expenses for the unit…”

Section 76(6) then makes that deemed certificate binding on the corporation against a purchaser or mortgagee who relies on it. If the unit was in arrears, the corporation has just certified in writing that it was not, and the buyer takes the unit clean. The arrears do not disappear, but the corporation can no longer collect them from the new owner on the strength of a certificate it is deemed to have issued.

The fee is capped at $100, tax included

Section 76(2) lets the corporation charge “the prescribed fee”, and the prescription sits in O. Reg. 48/01 s. 18(4):

“The fee that a corporation may charge for providing a status certificate, including all material that is required to be included in it, shall not exceed $100, inclusive of all applicable taxes.”

Three things follow that get missed. It is $100 including HST, not $100 plus HST. It covers all the material the certificate is required to contain, so the attachments cannot be billed separately. And it is a ceiling, not a price, so a corporation may charge less.

How the deadline is counted

This tool adds ten calendar days to the later trigger date, then applies the Legislation Act, 2006. Section 89(1) says a time limit that would otherwise expire on a holiday is extended to the next day that is not a holiday, and s. 88(2) sets out the list.

That list is worth reading closely, because it contains Sunday and it does not contain Saturday. A deadline that lands on a Saturday stands. A deadline that lands on a Sunday moves to the Monday, and moves again if that Monday is itself a statutory holiday. This tool applies both rules and tells you when it has shifted a date and why.

The requester sent the request but has not paid. Are we on the clock?
No, provided a fee was actually charged. Section 76(3) requires the request and the payment before the ten days begin. Say so in writing when the request arrives, so there is a record of when the clock had not yet started.
Can we charge a rush fee for a certificate needed faster than ten days?
O. Reg. 48/01 s. 18(4) caps the fee for providing the certificate at $100 inclusive of taxes and does not carve out an expedited rate. Any rush premium would need to survive that cap, and this tool takes no position on arrangements outside the certificate itself.
Does the deemed certificate wipe out the arrears?
It does not erase the debt. What s. 76(6) does is bind the corporation, as against a purchaser or mortgagee who relied on the certificate, to the clean statements s. 76(5) deems it to contain. The practical effect on a sale is usually that the corporation cannot look to the new owner for the amount it was deemed to have certified as nil.
What if the certificate we sent left something out?
Section 76(4) treats an omission as a statement that there is nothing to report: if the certificate omits material information it was required to contain, it is deemed to include a statement that there is no such information. An incomplete certificate is therefore closer to a wrong certificate than to a partial one.
Is this legal advice?
No. It is general information based on the current legislation, verified against the sources linked above. For a certificate already delivered late, or a sale that closed on a deemed certificate, talk to a condominium lawyer.