When is our periodic information certificate due?

Three certificates, three clocks

Section 26.3 of the Condominium Act, 1998 requires a corporation to send owners an information certificate “at least once every three months or at such other time periods as are prescribed”. O. Reg. 48/01 prescribes those periods, and it splits the job into three certificates, each on the form the Condominium Authority of Ontario publishes (s. 16.1):

• Periodic information certificate. Twice a year, within 60 days after the last day of the first quarter and of the third quarter of the current fiscal year (s. 11.1(4)), plus any extra dates a by-law sets.
• Information certificate update. Only when something on a short list changes, within 30 days or, for a board that has lost quorum, 5 days (s. 11.2(3)).
• New owner information certificate. To a new owner who has given notice of their name and unit under s. 46.1(2), within 30 days after they do (s. 11.3(4)).

Why not every three months?

Because the Act allows the regulation to substitute its own schedule, and it does: s. 11.1(4) prescribes the periods “instead of at least once every three months”. So the second and fourth quarters have no certificate of their own, unless a by-law adds one. The information in each certificate must be current as of the last day of the quarter it follows (s. 11.1(6)), so a board that sends early still reports the quarter end position.

If the current fiscal year is shorter than 12 months, as a first year or a changed year end can be, s. 11.1(5) deems it to have started one year before its end. The quarters are then counted back from the year end as though it were a full year, which is what this calculator does in every case.

What goes in the periodic certificate

Section 11.1(1) is long. The headline items: the manager and anyone else responsible for managing the property; how material can be delivered to the corporation; directors who are in litigation with the corporation, are 60 days or more in arrears, or have not finished the mandatory training; the number of units leased this year; the insurance deductible and the most an owner can be charged under it; any required insurance not in place; the budget and any projected surplus or deficit; and the reserve fund balance, contributions, expenditures and funding plan. Section 26.3(a) adds the statements from the status certificate in s. 76(1)(d), (e) and (h).

A certificate sent this way also satisfies the separate insurance notice duty in s. 105.1 of the Act (O. Reg. 48/01 ss. 11.1(8), 11.2(5)).

The update triggers

• 30 days from the change: the corporation’s address for service, the directors or officers or their addresses for service, the condominium manager, the methods for delivering material to the corporation, or the electronic communication method (s. 11.2(2)(a)(i) to (vi), (3) para 1).
• 30 days from when the corporation learned of it: a change to the insurance deductible or the most an owner can be charged under it (s. 11.2(3) para 2).
• As soon as reasonably possible, and within 30 days of learning of it: required insurance terminated (s. 11.2(3) para 3).
• 5 days from losing quorum, when vacancies leave too few directors to form a quorum. The update must also ask candidates to come forward within five days after it is given (s. 11.2(2)(c), (3) para 4).

Counting the days

Every deadline excludes the day of the trigger, so day 1 is the day after the quarter ends or the change happens. If the last day falls on a holiday, s. 89(1) of the Legislation Act, 2006 moves it to the next day that is not one. Sunday is a holiday under s. 88(2); Saturday is not. A holiday fixed by proclamation cannot be predicted, so check any date that lands near one.

Do we have to send a periodic information certificate every quarter?

No. Section 26.3(a) of the Act says every three months unless other periods are prescribed, and O. Reg. 48/01 s. 11.1(4) prescribes two: within 60 days after the first quarter and after the third quarter of the fiscal year. A by-law can add more.

Our fiscal year ends December 31. When are the certificates due?

The first quarter ends March 31, so the first certificate is due within 60 days, by May 30. The third quarter ends September 30, so the second is due by November 29. In 2026, November 29 is a Sunday, so that one moves to Monday, November 30 under s. 89(1) of the Legislation Act, 2006.

Can owners waive the certificates?

Only after the turn-over meeting, and only for the rest of the fiscal year: owners of at least 80 per cent of the units can consent in writing to dispense with them. An owner whose common expenses are 30 days or more in arrears cannot consent until the arrears are paid (O. Reg. 48/01 s. 11.4).

A director resigned and we no longer have quorum. What is the deadline?

Five days from losing quorum, for an information certificate update that states the number of vacancies and asks anyone who wants to run to notify the board within five days after the update is given (O. Reg. 48/01 s. 11.2(2)(c), (3) para 4).

Does a new owner get the last periodic certificate?

Yes, if they have given the corporation notice of their name and unit under s. 46.1(2). Within 30 days after that, the corporation sends a new owner information certificate containing the most recent periodic certificate and any updates since (O. Reg. 48/01 s. 11.3). If there is nothing to send, none is required (s. 11.3(5)).

Is this legal advice?

No. It is general information based on the legislation, verified against the sources linked above. Your by-laws may add certificate dates or content, so read them alongside this.