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How Much of Your Deposit Is Actually Protected on a Freehold Pre-Construction Home?

Abstract illustration of a deposit held inside a protective shell

This is not the official website of Camcos Living or Meadowvale Brooks. This page is independent information prepared by Jatin Dua, Sales Representative, RE/MAX Quantum Realty. Project details are subject to change without notice.

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Currency note: every figure on this page is stated as at 25 August 2026, read directly from its primary source on that date. Tarion’s limits and the regulations behind them change — three amendments in eighteen months on the registration rule alone. Confirm the current position with Tarion before relying on it.

Most buyers of a pre-construction freehold house assume the deposit is fully protected because the project is enrolled with Tarion. It is protected, but only to a dollar cap — and on a Mississauga-priced detached home that cap sits well below what a typical deposit schedule asks for. Nobody hides this. Almost nobody does the subtraction.

Here is the subtraction, and the step that now matters more than any of it.


Do this first: register your purchase with Tarion within 45 days

O. Reg. 892, s. 2.1 applies to a freehold purchase agreement “entered into on or after April 1, 2026” for a home that is neither a contracted home nor a condominium unit. It requires that the purchaser shall, “within 45 days after entering into the purchase agreement,” provide notice of the agreement and particulars of the transaction and property through Tarion’s designated portal, including the amount of total deposits paid or to be paid.

Read that again: the purchaser. Not the builder, not your agent, not your lawyer. Your builder enrols the home with Tarion — a separate filing that does not discharge yours.

Tarion’s own wording: “Effective April 1, 2026, purchasers of a freehold home who register within 45 days of signing their agreement will qualify for the maximum available deposit coverage,” with a transition period deferring “the changes to deposit coverage until January 1, 2027.”

So, precisely:

  • The duty to notify within 45 days is already in force for agreements signed on or after 1 April 2026. Sign this month and it applies to you.
  • The consequence for missing it applies only to agreements entered into on or after 1 January 2027 (s. 6.1(1), as amended by O. Reg. 95/26). Miss the deadline on a 2026 agreement and you still get full coverage; miss it from 1 January 2027 and you do not.

What “do not” means: under s. 6.1(3) a non-complying purchaser’s compensation comes out of a special fund, subject to s. 4.9. Under s. 4.9(3)–(4), if those claims total $15,000,000 or less in a year they are paid in full; above $15,000,000 each is pro-rated by the formula X = A × (15,000,000 / B) — so your recovery would depend on how many other people missed the deadline that year.

Register using the Home ID on the Warranty Information Sheet attached to your agreement; Tarion states buyers without one can still register.

One caution. This regulation has been amended three times (O. Reg. 17/25, 388/25, 95/26), each time moving the timeline. Treat 1 January 2027 as scheduled, not locked — and act on the 45-day deadline regardless.


The headline arithmetic

Freehold deposit protection comes from O. Reg. 892, s. 6(1)(c) under the Ontario New Home Warranties Plan Act. For an agreement entered into on or after 1 January 2018, the maximum payable out of the guarantee fund is:

“the greater of, (i) $60,000, and (ii) the lesser of 10 per cent of the sale price of the home, and $100,000.”

Tarion puts it plainly: “If the price of the home is $600,000 or less, the purchaser’s deposit is protected for up to $60,000. If the price of the home exceeds $600,000, deposit protection equals 10% of the purchase price up to a maximum of $100,000.”

Note the exact boundary — “$600,000 or less” and “over $600,000”, not “under” and “at or more.” A home at exactly $600,000 sits in the flat $60,000 band. (The 10% calculation gives $60,000 there anyway, so the outcome is identical, but the wording is worth getting right.)

The cap is $100,000, and it does not move above a $1,000,000 purchase price.

Deposit paid versus deposit protected

Mississauga’s detached average was $1,256,800 in July 2026 (TRREB Market Watch), and pre-construction deposit schedules commonly run to 15% or 20%. Put those together:

Purchase price Tarion protection (s. 6(1)(c)) Deposit at 15% Unprotected Deposit at 20% Unprotected
$500,000 $60,000 $75,000 $15,000 $100,000 $40,000
$600,000 $60,000 $90,000 $30,000 $120,000 $60,000
$800,000 $80,000 $120,000 $40,000 $160,000 $80,000
$1,000,000 $100,000 $150,000 $50,000 $200,000 $100,000
$1,200,000 $100,000 $180,000 $80,000 $240,000 $140,000
$1,400,000 $100,000 $210,000 $110,000 $280,000 $180,000

Coverage is the statutory formula applied to each price; the deposit and gap columns are arithmetic, not published figures.

Below $600,000 the flat $60,000 is generous — at $500,000 it covers 12% of the price, more than the formula would. That band was written for a market Mississauga detached product left behind years ago. Above $1,000,000 the protected share shrinks with every dollar. At $1.2M with 20% down you have $240,000 in and $100,000 protected — 42% of the deposit; at $1.4M, 36%.

That is a number to know before signing, not a reason to avoid pre-construction. The guarantee fund pays under ONHWPA s. 14(1) where the purchaser “has exercised a statutory right to rescind the purchase agreement before closing,” or has a cause of action because the vendor “has gone into bankruptcy” or “has fundamentally breached the purchase agreement.” Those are the doors. A late project, or a buyer who changes their mind, is not inside them.


Buying pre-construction? Get the agreement reviewed before you sign.

The cooling-off period is short and the builder’s agreement is written for the builder. Send me the paperwork and I will tell you what is negotiable, what the real closing costs come to, and whether the deal makes sense at that price.

Call or text 437-987-1925 Send me the paperwork

Jatin Dua, Sales Representative — RE/MAX Quantum Realty Inc., Brokerage. Not intended to solicit buyers or sellers currently under contract with another brokerage.

The trust point almost nobody knows

Condominium deposits are held in trust by statute. Condominium Act, 1998 s. 81(1) requires a trustee of a prescribed class or the declarant’s solicitor to “receive and hold in trust all money, together with interest earned on it” paid on account of an agreement for a proposed unit. s. 81(4) and s. 81(5) require that money to sit in a designated trust account in Ontario; s. 81(6) requires written evidence of compliance within 10 days; s. 81(7) continues the trust until the money is properly disposed of or prescribed-class security replaces it. s. 82 requires prescribed-rate interest to the purchaser.

Freehold deposits are subject to no equivalent statutory trust. The phrase “in trust” does not appear anywhere in O. Reg. 892. The Ontario New Home Warranties Plan Act contains only a regulation-making power — s. 23(1)(m.2), added in 2024 — to govern “the way in which a vendor or builder is required to hold and deal with a deposit,” and no such regulation has been made as far as could be verified from primary sources.

The practical difference:

  • A condo deposit is segregated from the declarant’s own money by law, with Tarion behind it as a backstop.
  • A freehold deposit is generally not segregated. It goes to the builder and is typically used to fund the build. Your protection is the s. 14(1) guarantee, up to the s. 6(1)(c) cap.

That is not a scandal — it is how low-rise construction has been financed here for decades, and it is why the freehold caps sit higher than the condo one. It does explain why the 45-day step and the shape of your deposit schedule deserve thought rather than a signature.


Freehold versus condo, side by side

Freehold (detached, semi, freehold town) Condominium unit
Statutory trust over the deposit No — no trust provision in ONHWPA or O. Reg. 892 YesCondominium Act, 1998 s. 81(1), (4), (5)
Tarion deposit protection $60,000 if price is $600,000 or less; 10% to a maximum of $100,000 if over $600,000 — s. 6(1)(c) $20,000 plus accrued interest — s. 6(2), 6(2.1)
Purchaser must register with Tarion Yes — 45 days, s. 2.1, agreements from 1 Apr 2026 s. 2.1 expressly excludes condominium units

The $20,000 condo figure surprises people in the other direction, and gets reported as “condo buyers are worse protected.” That is wrong. It is a top-up behind a trust that already holds the money, applying where a builder fails to return it — Tarion notes the deposit “must be returned to you in full within 10 days” on a builder termination. The freehold $60,000/$100,000 is the primary protection, with nothing behind it. Not like-for-like.


What the warranty covers beyond deposits

After closing, the statutory warranty runs on a one, two and seven year structure, as Tarion sets out on its coverage pages: one year for defects in work and materials, two years for specified items including water penetration and defects in the electrical, plumbing and heating delivery and distribution systems, and seven years for major structural defects. Tarion’s pre-possession pages also describe pre-closing protection relating to delayed closing and unauthorized substitutions.

A limitation, stated plainly: the detailed terms, exclusions and dollar limits of each warranty period were not part of the primary-source verification behind this article. Do not treat that summary as operative wording — read tarion.com and your own warranty documents.


Tarion enrolment fees

Tarion publishes one schedule, headed “Tarion Warranty Enrolment Fees for All Homes (Freehold and Condominium Units).” There is no freehold-specific schedule, contrary to what much pre-construction content implies.

Effective 1 September 2025, the fee runs from $585 plus HST (estimated sale price up to $300,000) to $6,055 plus HST (over $4,000,000) — $2,245 + HST in the $1,000,000.01–$1,250,000 band, $2,315 + HST from there to $1,500,000.

Two details from Tarion’s notes. “Sale Price” here includes upgrades, extras and other consideration, excluding taxes — an upgraded home can land a band higher than its base price suggests. And the fee steps from $1,075 to $1,515 at the $600,000 line, a 41% jump at exactly the point where deposit coverage switches formulas.

On who pays it: the fee is a builder cost paid to Tarion, not something a purchaser pays Tarion directly. Whether a builder passes it through as a closing adjustment is a term of the individual agreement — often described as standard practice, but that was not verifiable from a primary source and is not asserted here. Have your lawyer identify every builder adjustment and whether it is capped.


A practical protection checklist

  1. Register with Tarion within 45 days of signing (s. 2.1). Your obligation, minutes of work, and from 1 January 2027 missing it drops you into the pro-rated special fund. Diarize it the day you sign.
  2. Keep every deposit receipt, cheque image and transfer confirmation, filed with the executed agreement and Warranty Information Sheet.
  3. Ask whether deposits are held in trust anyway. No statute requires it for freehold, but some builders do it voluntarily. Get the answer in writing, not as a verbal reassurance across a sales desk.
  4. Have your lawyer confirm how deposits are held and what the agreement says about deposit return — on builder termination, on failure to obtain approvals, and on your own default. Before you sign.
  5. Look at the shape of the schedule, not just the total. Where a builder allows flexibility on instalment timing or amount, know what each instalment does to the gap between what you have in and what is protected.
  6. Check the builder on the HCRA Ontario Builder Directory, obd.hcraontario.ca — licence status, conditions, enrolment history and regulatory action, free and public.

Buying pre-construction? Get the agreement reviewed before you sign.

The cooling-off period is short and the builder’s agreement is written for the builder. Send me the paperwork and I will tell you what is negotiable, what the real closing costs come to, and whether the deal makes sense at that price.

Call or text 437-987-1925 Send me the paperwork

Jatin Dua, Sales Representative — RE/MAX Quantum Realty Inc., Brokerage. Not intended to solicit buyers or sellers currently under contract with another brokerage.

What this means at Meadowvale Brooks

No price has been publicly confirmed for Meadowvale Brooks by anyone, so nobody can tell you which band of s. 6(1)(c) applies or how big your gap would be. Run the table above against whatever number the builder eventually publishes.

No deposit structure has been publicly confirmed either. A schedule does circulate on listing aggregator sites, including an instalment due “at occupancy.” Occupancy does not exist in a freehold transaction — freehold homes have a closing, not an interim occupancy period. That one word is strong evidence the record came out of a condominium template, consistent with the other condo-template errors on those pages. I am not reprinting it, because reprinting it spreads it.

Get the actual schedule from the builder in writing, in the agreement — then run the first table on this page against the actual price before you sign.


Sources

  • O. Reg. 892, ss. 2.1, 4.9, 6(1)(c), 6(2), 6(2.1), 6.1 — https://www.ontario.ca/laws/regulation/900892
  • Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31, ss. 14(1), 23(1)(m.2) — https://www.ontario.ca/laws/statute/90o31
  • Condominium Act, 1998, S.O. 1998, c. 19, ss. 81, 82 — https://www.ontario.ca/laws/statute/98c19
  • Tarion, pre-possession coverage — https://www.tarion.com/homeowners/pre-possession-coverage
  • Tarion, coverage before you close — https://www.tarion.com/coverage-before-you-close
  • Tarion, enrolment fees, effective 1 September 2025 — https://www.tarion.com/builders/enrolment-fees
  • HCRA Ontario Builder Directory — https://obd.hcraontario.ca
  • TRREB Market Watch, July 2026 — https://trreb.ca/wp-content/files/market-stats/market-watch/mw2607.pdf

All legal and Tarion sources observed 25 August 2026.

This page is general information, not legal advice. Deposit limits, the registration rule and the regulations behind them change, and the dates cited here have already moved more than once. Confirm current limits with Tarion directly at tarion.com, and retain a real estate lawyer to review your agreement of purchase and sale before you sign it.


Get the Meadowvale Brooks price list the day it is released

Not a placeholder — the actual price list and floor plans, the day Camcos releases them. I will also tell you what I think of the pricing, including if I think it is too high.

Call or text 437-987-1925Email me the price list

Mention “Meadowvale Brooks” and I will add you to the list. No spam, and I will not pass your details to the builder without your say-so.

Jatin Dua, Sales Representative — RE/MAX Quantum Realty (Independently Owned and Operated). Information gathered from public sources and believed accurate but not guaranteed. Prices, sizes, specifications and availability subject to change without notice. E. & O.E. Not intended to solicit buyers or sellers currently under contract with a brokerage.

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