Three months' interest or the differential
Closed mortgages allow early payout but at a cost the mortgage itself sets out, most often the greater of three months' interest or an interest rate differential, comparing your rate against the lender's current rate for the time remaining on your term. Variable terms are commonly, though not always, limited to three months' interest without a differential.
Lenders are expected to disclose how the differential is calculated and to provide the figure on request; ask for it in writing before deciding anything.
The Interest Act's five-year rule
Section 10 of the federal Interest Act addresses mortgages where payment is not due for more than five years from the date of the mortgage. Once five years have passed, a person entitled to pay may tender the amount owing plus three months' further interest instead of the notice otherwise due, and no further interest is chargeable after that payment. The section carries exceptions, including for mortgages given by a corporation.
This is a federal statutory floor, separate from whatever your own mortgage document says about earlier payout.
Paying down without paying off
Most closed mortgages include prepayment privileges allowing extra lump-sum payments, often up to a set percentage of the original principal each year, without triggering the early payout charge. These privileges are set by the mortgage contract and vary by lender; using them fully before renewal can reduce a later payout charge by lowering the balance it is calculated against.
Check whether unused privileges from previous years carry forward, since some lenders allow this and others do not.
Getting a payout statement
Before paying out a mortgage, ask the lender in writing for a payout statement: the outstanding balance, interest to a stated date, a per-day figure if the date moves, any early payout charge and the lender's own discharge fee. This is the figure your lawyer needs to arrange the payout and, once it is paid, to obtain the registered discharge from title.
Payout statements are usually valid for a limited time, so time the request to when you actually intend to pay.
Your steps
Who's involved
Calculates and discloses the early payout charge and issues the payout statement and, eventually, the discharge.
Arranges the payout from your funds or a new mortgage, and follows up until the discharge is registered.
Documents you will need
Tools for this stage
Use this when you are thinking about breaking or paying off a mortgage early, to estimate three months' interest versus the interest rate differential.
QuizPort, break, or stay put?Five questions about your move, your rate and the cost of leaving early. The result names an option to research further; it never points you to a lender.
Guides to download
Questions people ask
Can a lender simply refuse to let me pay off my mortgage early?
No, though it can charge for it under the mortgage's own terms. Section 10 of the Interest Act also lets certain mortgagors, after five years, pay out the balance plus three months' further interest, regardless of what the contract otherwise provides.
How is the interest rate differential actually calculated?
Lenders compare your rate to their current rate for a term matching the time left on yours, applied to the outstanding balance over that remaining period. The exact formula is set by the individual lender and disclosed in your mortgage documents; ask for it in writing.
Does the five-year rule apply to every mortgage?
No. Section 10 of the Interest Act applies where payment is not due under the mortgage's terms until more than five years after it was made, and it carries exceptions, including mortgages given by a corporation. Ask a lawyer whether it applies to your specific mortgage.
Will using my prepayment privilege affect my credit?
No. Prepayment privileges are a normal feature of the mortgage contract, not a default or a change to the loan's standing, and using them does not appear as anything unusual on your credit history.
Is porting an alternative to paying the early payout charge?
It can be, if your mortgage is portable, the lender allows it, and the new property and amount qualify at the time. Porting carries the existing rate forward instead of paying it out; it does not eliminate a charge on a mortgage that is not portable.
Also in this centre
Read more
Related centres
Other Learning Centres for the same transaction.
What happens between deciding to buy and settling into an Ontario home: budget and pre-approval, the search, the offer and its conditions, financing and inspection, closing day and the first year, with the legal layer explained at every step.
Related centreThe Selling a Home CentreEverything between deciding to sell an Ontario home and the money reaching your account: preparing, pricing, offers, the buyer's conditions, closing and tax, plus the situations that change the rules: tenants, estates and separation.
Sources
- Interest Act, s. 10 (mortgages over five years old)
- FCAC: reducing prepayment penalties
- FCAC: breaking a mortgage contract
General information about Ontario law as of 5 September 2026, not legal advice. It does not create a lawyer–client relationship.
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