Commercial Property Insurance

Commercial Property Insurance

Commercial property insurance protects the building itself, the equipment inside it, and the rental income it produces. For a Canadian building owner or landlord, the policy is only as good as the value it is written on — and that is where most disputed claims begin.

Stanhope Simpson places commercial property insurance for owners, landlords and property managers across Canada. We start with the number on your declarations page, because that is the number a coinsurance clause is measured against.

What Commercial Property Insurance Covers

Most Canadian commercial property policies are written item by item rather than as one lump of cover. Each item only responds if an amount of insurance is shown against it on your declarations page, so an owner who buys “building” alone has no contents and no income protection at all. Blanket wordings do exist — “property of every description” carries a single combined limit and behaves differently — so the first thing to establish is which structure you have.

Commercial building exterior with large windows, insured under a Canadian commercial property insurance policy

How Your Building Should Be Valued

Valuation starts from what it would cost to rebuild — not market value, not the municipal assessment, not what you paid. What the policy actually pays then depends on which basis it settles on.

That last condition is the one owners are caught by. If you decide not to rebuild — you sell the site, or take the cash — you are paid actual cash value, depreciated. Rebuilding somewhere else usually has the same effect. The replacement cost basis you pay for does not simply hand you a cheque.

Two further limits matter. Replacement cost does not lift your limit of insurance, and it does not switch off the coinsurance clause. It also does not pay the extra cost of complying with today’s building code — that is a separate by-law extension, covered further down this page, and on an older building it is frequently the largest uninsured gap of all.

Values also drift. Statistics Canada put non-residential building construction costs up 3.5% year over year in the second quarter of 2026. A building limit set three years ago and never indexed is already meaningfully short before anything else goes wrong.

Coinsurance: Where Underinsurance Actually Bites

Canadian commercial property policies commonly carry a coinsurance clause, and almost no owner reads it until a claim. Where a percentage is shown on your declarations page, you are required to insure that item to that percentage of its full value — commonly 80% where the property is written on actual cash value, and 90% where it is written on replacement cost. Fall short and the insurer pays the proportion of the loss that the insurance you carried bears to the insurance you were required to carry.

Three details decide how hard it bites. It applies separately to each item, so you can pass on Building and fail on Equipment in the same loss. It is measured against the same basis your policy settles on — depreciated value under actual cash value, rebuild cost under replacement cost. And it has a floor: the standard clause only engages once the loss exceeds the lesser of 2% of the amount of insurance or $5,000, and some package wordings lift that considerably.

A Worked Example

The coinsurance calculation runs first, on the gross loss: ($2,700,000 ÷ $3,600,000) × $800,000 = $600,000. The deductible then comes off that reduced figure, leaving $575,000. The owner absorbs the $25,000 deductible and a $200,000 coinsurance penalty on top of it.

The point owners miss is that the test measures against the full value of the building, not against the size of the claim. Being insured for far more than the loss is no protection at all. And because the calculation bites on partial losses — the ordinary case in fire and water claims — most owners who discover the clause discover it on a claim they expected to be routine.

How to Take the Risk Off the Table

Why Building Owners Carry Commercial Property Insurance

The case for reviewing your program is not theoretical. Severe weather caused $8.55 billion in insured losses across Canada in 2024 — still the costliest year on record, and nearly triple the $3.1 billion recorded in 2023. Losses eased to $2.4 billion in 2025, which was still the tenth-costliest year on record. Of the 2024 total, over $1.8 billion was commercial, and more than 87,000 businesses suffered weather-related losses in the decade to 2024.

Atlantic Canada has had its share. Hurricane Fiona caused over $385 million of insured damage in Nova Scotia on the Insurance Bureau of Canada’s provincial breakdown, within a national total later revised to more than $800 million, and the July 2023 flooding added a further $170 million in the province.

Financial Security

Protects your business from significant financial losses caused by property damage or destruction.

Compliance with Lease or Loan Agreements

Most landlords and lenders require proof of commercial property insurance as a condition of tenancy or financing.

Regulatory Requirements

Some industries and jurisdictions mandate commercial property insurance to operate legally.

Continuity of Operations

Covers lost income and additional expenses, such as relocating operations temporarily, in the event of a covered loss.

Peace of Mind

Provides reassurance that your business is safeguarded against unforeseen events.

By-Law Coverage: Rebuilding to Today’s Code

Standard Canadian commercial wordings exclude loss arising, proximately or remotely, in consequence of or contributed to by the enforcement of any by-law, regulation, ordinance or law regulating zoning or the demolition, repair or construction of buildings, where that law makes it impossible to reinstate the property as it was immediately before the loss. Without a by-law extension, the policy pays to restore the building as it was and stops there.

Exclusion wording is not uniform across the market, and neither is the extension. Both are worth reading on your own form. The extension typically has three components:

How that is limited varies materially by carrier, and this is where owners are caught out. Some forms apply a single combined amount across all three components and provide it expressly without increasing the amount of insurance — meaning it comes out of your building limit rather than sitting on top of it. Others schedule a separate amount. Payment is generally the least of the amount shown on your declarations page or the minimum required to comply, and the by-law has to be in force at the time of the loss. Pre-existing non-compliance that a loss merely brings to light is a different matter and is generally not covered.

One point to set aside: Canadian building codes do not use a percentage-of-damage threshold. Upgrade obligations are triggered by the scope of the work, not the extent of the damage — broadly, where existing walls, floors, ceilings or roof assemblies are substantially removed and replaced, the new assemblies have to meet current code or an accepted compliance alternative. A building that was legal when built and is repaired like for like generally stays grandfathered, and the call rests with the local authority having jurisdiction. The “50% damage” rule sometimes quoted is a United States floodplain requirement with no Canadian equivalent.

This matters more than average in Halifax, where a large share of the peninsula’s commercial stock predates modern codes and heritage designation can prescribe both materials and methods. Worth checking too whether your rental income coverage runs long enough to absorb a code-driven rebuild — the by-law extension pays for the building, not for the months of lost rent that the extra work adds.

What Is Excluded, and What You Can Buy Back

The exclusions below are standard in Canadian commercial property wordings. Three of the four can be bought back. The exact words differ between forms, and on this subject the exact words decide claims.

On the other side of the ledger, leakage from fire protective equipment is an insured peril, so sprinkler discharge is covered, and escape of water from internal plumbing is generally covered under an all-risk form. That is a different thing entirely from flood or sewer backup, and the three are frequently confused.

But water cover is conditional in ways owners rarely notice. Landlord and rental wordings commonly require that during any unoccupancy beyond about a week you either shut off and drain the water system or maintain heat in the building. Some forms exclude escape of water while a building is vacant even where a vacancy permit has been issued. Freezing is separately excluded, with only a narrow carve-back for damage to the pipes themselves.

Vacancy: The Thirty-Day Rule

This is the condition that catches landlords more than any other. Canadian commercial wordings commonly provide that the form does not insure loss of or damage to property at locations which, to the knowledge of the insured, are vacant, unoccupied or shut down for more than thirty consecutive days.

Read that carefully, because it is stronger than most owners assume. In the standard forms this is a property exclusion, not a perils exclusion. Once the thirty days pass, cover on that property falls away — fire included — not merely theft, vandalism and water. Neighbouring exclusions in the same wordings carry an express named-perils carve-back; this one does not.

The remedy is a vacancy permit endorsement, priced and issued for a defined period — commonly three or six months. Two things to understand about it. It suspends some, not necessarily all, of the vacancy restrictions, and where an insurer agrees to keep covering a vacant building it usually does so on restricted terms: named perils rather than all risk, actual cash value rather than replacement cost, and vandalism excluded by endorsement. And it is frequently drafted as a warranty rather than a condition, so a breach can defeat a claim outright rather than merely narrow it.

Expect the insurer to require the building secured, rubbish removed, heat and electrical maintained, and documented inspections anywhere from every 48 hours to weekly. Many insurers will not renew a building that has been vacant two years or more.

The exposure is structural rather than careless: tenant turnover, fit-out periods, staged redevelopment, a floor held empty pending a lease, seasonal closure, a tenant that quietly walks. In every one of those the building is more exposed at precisely the moment the policy narrows. In Nova Scotia, add an unheated building over winter and a freeze-up loss the vacancy clause has already stripped water damage out of.

Who Insures What: Landlord and Tenant

A commercial lease decides the split, and the two policies have to be read against it. The allocation below is the common default — it is contractual, not fixed, and under a net lease the tenant usually funds the landlord’s insurance through operating costs even though the landlord places it.

Landlords routinely ask to be an additional named insured on the assumption that the stronger-sounding status gives more protection. It carries a risk worth understanding: an additional named insured takes on the obligations of a named insured under that policy, which means a breach of policy conditions by the tenant can affect the landlord’s own recovery. A plain additional insured has narrower cover — typically limited to liability arising out of the tenant’s operations under the lease — but is not exposed in the same way.

On cancellation notice, do not rely on either status. Most policies contain a sole agent clause under which the insurer need only notify the first named insured of cancellation or amendment. If you want notice, require it expressly in the lease and confirm it has been endorsed on the policy.

Typically insured by the landlord
Typically insured by the tenant
The building, and fixed structures on the premises
Stock, furniture, fixtures and equipment
Machinery, boilers and equipment contained in the building
Leasehold improvements, with the landlord named loss payee
Loss of rental income
Business interruption and loss of profits
By-law and building code upgrade endorsement
Plate glass
Liability arising from the landlord’s operations
Liability arising from the tenant’s operations
—
Auto liability for vehicles used in the business

Additional Insured Is Not the Same as Additional Named Insured

Where a landlord covenants to insure, that has often been held to give the tenant the benefit of the insurance and to bar the insurer’s claim against a negligent tenant. It is not automatic, and Canadian courts have gone both ways depending on what the lease actually says.

The practical rule is that the lease governs. A landlord who wants to preserve recovery against a negligent tenant has to say so expressly, and a tenant who wants protection has to obtain an express waiver. Insurance covenants and lease wording should be reviewed together, not separately — and a certificate of insurance on file is not a substitute for either.

Waiver of Subrogation and the Lease

Where a landlord covenants to insure, that has often been held to give the tenant the benefit of the insurance and to bar the insurer’s subrogated claim against a negligent tenant. But it is not automatic. In Royal Host GP Inc. v. 1842259 Ontario Ltd. (2018 ONCA 467) the Ontario Court of Appeal allowed a subrogated action to proceed, holding that the principles are contractual and that reference must be made to the particular terms of the lease.

The practical rule: the lease governs. A landlord who wants to preserve recovery against a negligent tenant has to say so expressly, and a tenant who wants protection has to obtain an express waiver. Insurance covenants and lease wording should be reviewed together, not separately.

What to Check on Your Own Policy

Wordings differ between carriers more than most owners expect, and the differences decide claims. Take your declarations page and your policy form and answer these six questions. If you cannot, that is the conversation to have with your broker.

Benefits of the Right Commercial Property Program

Comprehensive Risk Protection

Covers a wide range of risks, ensuring your business assets are protected.

Customizable Policies

Tailor your coverage to address the specific risks of your industry, location, and operations.

Business Continuity Support

Mitigates losses due to business interruption, ensuring your recovery process is smooth.

Protection for Specialized Equipment

Provides coverage for machinery, tools, and technology unique to your business.

Frequently Asked Questions About Commercial Property Insurance

Almost certainly the coinsurance clause. It is measured against the full value of the building, not against the size of your claim, and it applies to partial losses — which is the ordinary case in fire and water claims. If you were required to carry 90% of rebuild cost and you are carrying three-quarters of that, you recover three-quarters of the loss, and the deductible comes off after that reduction rather than before it.

None of the three. Valuation starts from rebuild cost — what it would cost to reconstruct the building today. Market value reflects land and location; the municipal assessment is a tax figure. Neither has any bearing on what a contractor charges to rebuild, and neither protects you from a coinsurance penalty.

Where a percentage is shown on your declarations page, you have to insure that item to that percentage of its full value — commonly 80% on actual cash value and 90% on replacement cost. It applies separately to each item, and it is measured on the same basis your policy settles on. The standard clause has a floor, engaging only once a loss exceeds the lesser of 2% of the amount of insurance or $5,000, and some package wordings lift that considerably. The practical answer is to update values annually and to ask about a stated amount co-insurance clause, where a pre-agreed value replaces the percentage test.

Replacement cost is normally conditional on actually replacing, with due diligence and dispatch, on the same site, and settlement on that basis is generally made only once replacement has been effected. Decide not to rebuild, or rebuild somewhere else, and you are paid actual cash value. It is also worth knowing what replacement cost does not do: it does not lift your limit of insurance, it does not switch off coinsurance, and it does not pay the extra cost of building to today’s code.

Quite possibly not. Canadian wordings commonly provide that the form does not insure loss of or damage to property which, to the knowledge of the insured, is vacant, unoccupied or shut down for more than thirty consecutive days. In the standard forms that removes cover on the property altogether — fire included — rather than trimming a few perils. Tell your broker as soon as a tenant leaves and ask about a vacancy permit endorsement. Expect restricted terms if one is issued, and expect conditions about heat, security and inspections that are worth treating as binding.

Not under the base policy. Canadian wordings exclude loss arising from the enforcement of by-laws regulating zoning, demolition, repair or construction. You need a by-law extension, and it has three parts: the value of the undamaged portion you are forced to demolish, the cost of demolishing and clearing it, and the increased cost of rebuilding to code. Check how yours is limited — some forms apply one combined amount and provide it without increasing your building limit, meaning it comes out of that limit rather than sitting on top of it.

Neither, as standard, and they are two separate endorsements. Buying one does not give you the other, though some programs will only sell flood cover to a building that already has sewer backup. Read the flood definition before you rely on it: some endorsements respond only to the overflow of a body of water and not to surface water from heavy rain or snowmelt, which is the way a lot of Canadian commercial water losses actually happen. Escape of water from internal plumbing is a different thing again and is generally covered under an all-risk form.

Loss of rental income, which is a separate purchase with its own coinsurance percentage and its own indemnity period. The indemnity period is where owners get it wrong: it has to be long enough to cover adjusting, permitting, demolition, rebuilding and re-tenanting. On an older building where code upgrades extend the rebuild, that can run well beyond twelve months, and the by-law extension pays for the construction, not for the extra months of lost rent.

Ordinarily the tenant. Standard wordings restrict tenant’s improvements coverage to an insured who is not the owner of the building, and usually sit it inside the contents item rather than giving it a limit of its own. Improvements you pay for as the owner belong in your building amount instead. Where the tenant insures them, the landlord should be named loss payee so proceeds covering your reversionary interest are payable jointly — and the lease and both policies should be reconciled rather than assumed to line up.

It is a start, not an answer. A plain additional insured has narrow cover, typically limited to liability arising out of the tenant’s operations under the lease. Additional named insured status is broader but carries its own risk, because you take on the obligations of a named insured and a breach of policy conditions by the tenant can affect your recovery. Neither status reliably gets you notice of cancellation: most policies contain a sole agent clause under which only the first named insured has to be told. Require notice expressly in the lease and confirm it has been endorsed.

It depends on the lease. Where a landlord covenants to insure, that has often been held to give the tenant the benefit of that insurance and to bar a claim against them — but it is not automatic, and it turns on what the lease actually says. If you want to preserve recovery against a negligent tenant, the lease has to say so. If you are the tenant and want protection, get an express waiver. Either way it is a drafting question, not something to leave to the certificate.

No — the market has been softening for two years. Canadian property rates fell 6% in the first quarter of 2026 and 8% in the second, with plentiful capacity and insurers competing on terms as well as price. It is not uniform: risks with adverse loss history, and submissions that arrive thin on detail, see markedly less benefit. That makes this a good moment to do the unglamorous work — correct your building values, add by-law and water buy-backs, revisit coinsurance — and to put a well-documented submission in front of the market while it is receptive.

A historic restaurant facade with arched windows in a city street.

Have Your Building Values Reviewed

Send us your declarations page and a recent valuation, and we will tell you where your commercial property insurance is short — on limits, on by-law cover, or on the water endorsements. Personalized insurance and surety solutions backed by decades of industry expertise.