Elevator Maintenance in Ontario Condos: What Every Board Needs to Know

Who Is Legally Responsible for the Elevator?

The condo corporation. Not the management company, not the elevator contractor. The corporation. This is a point that surprises many boards when they first encounter it in writing.

Under Ontario Regulation 209/01 (Elevating Devices), the owner of an elevating device is responsible for ensuring all maintenance, inspections, and alterations are carried out by properly registered contractors. The TSSA is the delegated authority that enforces this regulation, and when an inspector finds a deficiency, the compliance order is issued to the owner. That owner is the corporation.

What this means in practice: the board needs to know who its elevator contractor is, what the contract covers, when maintenance last happened, and whether there are any outstanding orders. Delegating day-to-day coordination to a management company is sensible. Forgetting to verify it is being done correctly is a liability.

What boards should confirm with their elevator contractor:

•       The contractor is registered with the TSSA

•       All maintenance is being logged in the elevator logbook

•       Quarterly maintenance intervals are being met (maintenance cannot exceed three months)

•       Any deficiency orders are being actioned within the required timeline

What Maintenance Does TSSA Actually Require?

Elevator maintenance in Ontario is governed by both Ontario Regulation 209/01 and the ASME A17.1/CSA B44 Safety Code for Elevators and Escalators. Together, these set out the minimum maintenance intervals and testing requirements that all elevator contractors must follow.

There are three core tasks that must appear in every elevator logbook:

•       Scheduled maintenance: Routine inspection, cleaning, lubrication, and adjustment of all elevator components. This must occur at least every three months, with no exceptions. Some systems, including suspension means and door mechanisms, have even more prescriptive intervals built into the maintenance code.

•       Category 1 testing: An annual functional safety test of the elevator's safety systems. If your contractor has missed two consecutive years of Category 1 testing, that is a reportable deficiency and the contractor is in breach of their obligations. The board, as owner, should verify this test is being completed.

•       Category 5 testing: A more intensive load and safety test required for traction (cable-driven) elevators, performed every five years. Hydraulic elevators have different testing requirements. Your contractor can confirm which category applies to your equipment.

Only licensed, TSSA-registered mechanics are permitted to perform maintenance or repairs on an elevator. If an elevator stops working, neither the building manager nor a board member should attempt to restart it from the mechanical room. That task belongs to a licensed mechanic only.

For more on building financial planning, including how to budget for elevator maintenance and capital replacement, see: How Much Should We Contribute to the Reserve Fund.

Elevator Outages: What Boards Are Required to Report

On July 1, 2022, new reporting requirements came into effect across Ontario. If an elevator in a residential building is out of service for 48 hours or longer, the corporation is now required to report that outage to the TSSA. Boards have up to 30 days after the elevator returns to service to file the report.

That report must include:

•       The building address and total number of elevators in the building

•       The number of floors the elevator serves

•       The exact start and end time of the outage

•       The cause of the outage, including any factors that delayed the repair

•       The maintenance intervals at which the elevator is regularly serviced

• The name of the elevator manufacturer and maintenance contractor

The TSSA has built a Residential Elevator Availability Portal for this purpose, and the data is publicly visible. Anyone can look up outage records for a given building, which means this is a transparency and reputation issue as much as a regulatory one.

If residents ask why the elevator was down for two weeks, the answer should come from the board directly. They should not have to learn it from a public database.

Administrative Penalties: What Non-Compliance Actually Costs

The TSSA now has authority to issue administrative penalties for specific non-compliances related to elevator safety in residential buildings, including condominiums. These penalties are authorized under Ontario Regulation 289/21 and can be issued without a court proceeding. They apply to specific regulatory violations.

For condo corporations, as registered owners of the elevating device, the penalty is $3,000 per contravention. Common violations that can trigger this include failing to ensure alterations are made only by TSSA-registered contractors, failing to report a death or injury involving an elevator within 24 hours, and allowing unlicensed individuals to work on the device.

At Sapphire, we find that boards working in London and Sarnia are typically well-intentioned but occasionally caught off guard by their elevator contractor's obligations. A contract signed five years ago may not reflect current TSSA requirements, and elevator service agreements often run for five-year terms. By the time renewal comes up, the regulatory landscape may have shifted in ways the board was never informed about.

A deficiency found during a TSSA inspection does not automatically result in a penalty, but it does require correction, often within 14 days. High-risk deficiencies can result in the elevator being taken out of service immediately. When that happens in a building with seniors or residents with mobility limitations, the human impact goes well beyond the paperwork and the fine.

There is also a newer requirement that deserves attention: all residential elevators must now have both one-way voice communication and audio-video systems installed and working. If either is absent or non-functional, that is classified as a high-risk order.

If an elevator needs significant capital work and the reserve fund is not ready for it, that situation can quickly become a special assessment. For more on how those get communicated and managed with owners, see: What is a Special Assessment?.

Frequently Asked Questions

Q: How often does an Ontario condo elevator need to be maintained and inspected?

A: Routine maintenance must be performed at least every three months under Ontario Regulation 209/01. In addition, an annual Category 1 safety test is required, and traction elevators require a Category 5 load test every five years. The TSSA also schedules its own periodic inspections using a risk-based model, which are separate from your contractor's maintenance visits and happen automatically.

Q: What happens if a condo elevator in Ontario is out of service for more than two days?

A: Any outage lasting 48 hours or more must be reported to the TSSA through its Residential Elevator Availability Portal within 30 days of the elevator returning to service. The report must include the cause of the outage, the duration, maintenance history, and the name of the elevator contractor. The records are publicly visible, which makes timely reporting a board governance issue as well as a regulatory one.

Q: Can a condo building manager restart an elevator if it breaks down in Ontario?

A: This is not legal advice, but generally speaking under Ontario law, only a licensed mechanic employed by a TSSA-registered elevator contractor is permitted to work on or restart an elevator. The CMRAO has confirmed that neither a building manager nor a board member should attempt to restart an elevator from the mechanical room, even if the issue appears minor. Calling the elevator contractor immediately is always the right first step.

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Related Reading

→ How Much Should We Contribute to the Reserve Fund

→ What is a Special Assessment?

→ Top 5 Mistakes Condo Boards Make (From a Condominium Management Expert)