Bonding · Developer bonds

Developer bonds. Replace the letter of credit with surety.

Municipalities ask builders to secure roads, services and site works before they approve a plan. In Ontario, the builder can now post a pay-on-demand surety bond instead of tying up bank credit. Send the agreement and a surety underwriter reviews the file.

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The 60-second version

What you need to know before you call the client back.

Three answers for the broker with a client on the other line. The full guide is below for when you have ten minutes.

What it is

A surety bond that secures a builder's obligations to a municipality under a land-use planning approval, such as a subdivision or site plan agreement.

When your client needs one

When the municipality sets security as a condition of approval and the builder would rather not post a letter of credit or cash.

What you send

The draft agreement and security schedule, the builder's financials, the project budget and the work-on-hand list.

The full guide

The broker's guide to developer bonds in Ontario.

What the municipality secures

Security follows the agreement. Under the Planning Act, subdivision conditions can cover municipal and other services (s.51(25)), and site plan agreements can cover items like:

  • Road widenings, access ramps and curbs.
  • Parking, loading areas and driveway surfacing.
  • Walkways, lighting, walls, fences and plantings.
  • Grading and the disposal of storm, surface and waste water.
  • Easements for sewers, drainage and utilities.

The amount and how it reduces come from the municipality's agreement, not the regulation.

O. Reg. 461/24: the pay-on-demand rule

Since November 20, 2024, an owner or applicant may choose a surety bond to secure these obligations, and the municipality must accept a bond that meets the regulation. Nobody is forced to use one. A compliant bond must:

  • Come from an insurer licensed under the Insurance Act to write surety, rated at least A- (S&P, Fitch or A.M. Best), A3 (Moody's) or A (DBRS).
  • Guarantee payment to the municipality if the principal defaults, with the municipality deciding default in its sole discretion.
  • Pay on written demand within 15 business days, even if the principal objects.
  • Give at least 90 days' notice before termination, with replacement security accepted at least 30 days before the termination date.
  • State that the amount can be reduced and the conditions for reduction.

Surety bond or letter of credit

Letter of creditSurety bond
Who issues itThe builder's bankA licensed surety
Effect on bank creditUsually reduces the facilitySeparate line; bank credit stays free
Called howOn demandOn demand, under O. Reg. 461/24
UnderwritingBank credit review, often collateralSurety review of financials, track record and indemnity

Every bond is subject to underwriting. Terms, collateral and premium come from the file.

Reductions and release

As the municipality accepts works, the agreement usually lets the security reduce. Ask for a reduction in writing and send the municipality's acceptance to the surety so the bond can be amended or released.

What to send

What to send for a developer bond.

Underwriters move fast on files that give them what they need and slow on files that make them chase. Send the package below to submit@approvedcasualty.com or through the bond request form, and put the date the obligee needs the bond in the first line.

  1. 01
    The agreement

    Draft subdivision or site plan agreement with the security schedule.

  2. 02
    Engineer's estimate

    The cost estimate the security amount is based on.

  3. 03
    Financial statements

    Two to three years for the builder and related companies.

  4. 04
    Project details

    Units, budget, schedule, lender and equity.

  5. 05
    Work on hand

    Current projects and percent complete.

  6. 06
    Ownership

    Owners and related companies for indemnity.

The 60-second fit check

If the file clears all five, send it today.

  • You have the draft agreement or security schedule.
  • The municipality is in Ontario, or you have its security terms.
  • Financial statements are current.
  • The lender is confirmed.
  • The owners will sign an indemnity.

Every bond is subject to underwriting. Capacity, terms and premium are set from the file. Nothing on this page is a commitment to issue a bond.

Underwriter's desk with a navy folder, a financial statement, a government form on a clipboard and a calculator

Where the work is

Provincial notes.

Ontario

O. Reg. 461/24 requires municipalities to accept compliant pay-on-demand bonds.

Other provinces

Acceptance of surety for municipal security varies. Send the agreement.

Wording

Some municipalities have their own bond form. Send it early so the surety can review it.

Approved places surety across Canada outside Quebec. Western Canada surety files are handled by Surwest Surety Source.

Broker FAQ

The questions brokers ask on the first call.

Not covered here? Call 1-877-495-8777 and ask for the surety desk.

What is a developer bond?

A surety bond that secures a builder's obligations to a municipality under a subdivision or site plan agreement.

Must an Ontario municipality accept a surety bond?

Yes, if the owner chooses one and it meets O. Reg. 461/24.

What makes a bond compliant?

A licensed and rated surety, payment on written demand within 15 business days, 90 days' termination notice and stated reduction terms, among other conditions in the regulation.

How is the bond amount set?

By the municipality, usually from the engineer's cost estimate for the works.

Can the bond reduce over time?

Yes, if the agreement allows it. The bond must state that it can be reduced and on what conditions.

Does a developer bond affect my client's bank line?

A surety bond is separate from the bank facility, which is the main reason builders use one.

From the blog

Surety articles for brokers.

Next step

Have a client who needs a bond? Send the requirement.

Use the bond request form below, email the package to submit@approvedcasualty.com, or call and ask for the surety desk. A surety underwriter reviews every request and comes back with next steps or questions.

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