The table below reflects sources checked on September 15, 2026. Forms and association practices change, so confirm the current version with your brokerage or lawyer before relying on it.
What sits behind the table
The form is not the duty. Outside Quebec, every province leaves the form up to the seller, but the common-law duty to disclose known material latent defects applies either way. In British Columbia, BCFSA calls the Property Disclosure Statement voluntary and also tells licensees they must disclose a known material latent defect themselves if the seller won't, or stop acting for that seller.
Quebec runs on a different system. The OACIQ makes the Declarations by the seller of the immovable mandatory in residential brokerage transactions with a natural person. It asks specifically about water damage, soil contamination, pyrite, radon, dry rot and asbestos, along with the condition of the roof, plumbing and heating. The broker also gives a copy to the building inspector.
Behind the form is article 1726 of the Civil Code, which, as CondoLegal quotes it, requires the seller to warrant that the property is free of latent defects that make it unfit for its intended use, or that reduce its usefulness so much the buyer wouldn't have bought it or paid as much.
Seller knowledge changes the analysis a great deal: as De Grandpré Chait explains, it makes limitation-of-liability clauses unenforceable and opens the door to damages. A Quebec seller with a report in hand should talk to a notary before relying on a "without legal warranty" sale.
Ontario's optional form can add risk. An Ontario real estate lawyer notes that the SPIS is optional and that it can turn every checkbox into a representation, so a wrong answer can lead to a misrepresentation claim that silence wouldn't have. Many Ontario sellers, on advice, skip the form and answer specific written questions instead, or put the key facts in Schedule A.
Alberta's contract goes further than the common law. The standard Alberta purchase contract, as Kahane Law explains, defines a material latent defect as one not discoverable through a reasonable inspection that "will affect the use or value of the Property." Because that definition includes value, it covers more findings than the dangerous-or-unfit test.
The Prairies apply the same common-law test. Saskatchewan's public legal education body says a disclosure statement isn't required but that sellers must still tell buyers about known defects a reasonable inspection wouldn't reveal, such as past basement water or leaking windows.
Manitoba's version is published on the provincial forms portal as an appendix to the residential offer form, for disclosing condition "to the best of the seller's knowledge."
In Atlantic Canada, the contract decides how much the form matters. The Nova Scotia Real Estate Commission says sellers aren't required to provide a PDS but most do.
In New Brunswick, a local REALTOR's explainer points out that once a seller ticks "WILL" in clause 10 of the standard agreement, providing the form becomes a contractual obligation. The same piece cites Duplessis v. Harrison, where a seller who knew about hidden wood rot was held responsible for the repairs.
On Prince Edward Island, the provincial association's agreement form gives buyers a box to confirm they did not receive a PCDS.
In Newfoundland and Labrador, the association's disclosure form tells sellers to answer "do not know" when they're unsure.