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Breaking Your Mortgage Early in Ontario: Penalty Rules Explained

Understand how mortgage prepayment penalties work in Ontario, including the three months' interest and IRD comparison, and options that may reduce the cost.

Real Estate4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
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Key takeaways
  • The prepayment penalty is usually the higher of 3 months' interest on what you still owe or the interest rate differential (IRD).
  • Federally regulated lenders must set out prepayment privileges and penalties in an information box at the start of the mortgage agreement.
  • Porting or a longer-term payout right may help in some cases, but both depend on your contract and your situation.

Selling, moving, refinancing or switching lenders before your term ends usually means breaking your mortgage. That can come with a penalty large enough to affect your plans.

This article explains the two usual penalty measures, where to find your own numbers and what options may reduce the cost. The exact calculation depends on your mortgage contract.

The two usual penalty measures

If you break a mortgage contract, the prepayment penalty is usually the higher of 3 months' interest on what you still owe or the interest rate differential (IRD).

MeasurePlain meaning
Three months' interestInterest on the balance you still owe, for a period of three months.
Interest rate differential (IRD)A comparison of your rate with current rates, over the time left in your term; the lender's contract sets how it is worked out.

Because the penalty is usually whichever is higher, your lender compares both and charges the larger one. Lenders can use different formulas for the IRD, so two mortgages with the same balance can have different penalties.

Where to find your numbers

Federally regulated lenders must set out prepayment privileges and penalties in an information box at the start of the mortgage agreement. Start there. For other lenders, look in the prepayment or payout section of your contract.

Before you sell or refinance, ask the lender for a written payout statement showing the penalty and how it was calculated. A lawyer can compare it with your contract if the figure looks wrong.

Options that may reduce or avoid a penalty

If you are in financial difficulty

If you are at risk of default, talk to your lender early. Federally regulated lenders are expected to give tailored relief to borrowers at risk of default on their principal residence, which can include waived prepayment penalties and internal fees, but your express consent is required. Those expectations apply to banks and other federally regulated lenders, and only to an existing residential mortgage on your principal residence.

A payment deferral is an agreement with the lender, not a right. It usually lasts up to 4 months, and interest keeps accruing and is usually added to the principal.

What to do next

Frequently asked questions

How is the prepayment penalty usually calculated?

It is usually the higher of 3 months' interest on what you still owe or the interest rate differential. Your contract sets how the IRD is worked out.

Do all lenders show the penalty at the start of the agreement?

Federally regulated lenders must set out prepayment privileges and penalties in an information box at the start of the mortgage agreement. For other lenders, check the prepayment section of the contract.

Can I avoid the penalty by porting?

Porting avoids breaking the contract, but whether it is available and on what conditions depends on your lender. If the new home costs less than the mortgage amount, you may still pay a penalty.

Is there ever a right to pay off a mortgage without the usual penalty?

Where a term is longer than five years, after five years from the mortgage date the borrower may pay off the principal and interest plus three months' further interest. That right does not apply to a mortgage given by a corporation.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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