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ONTARIO REGULATION 49/01made under theCONDOMINIUM ACT, 1998Made: February 6, 2001, Filed: March 5, 2001 |
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| I | Description |
| II | Registration and Recording |
| III | Transitional |
| IV | Commencement |
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ONTARIO REGULATION 49/01made under theCONDOMINIUM ACT, 1998Made: February 6, 2001, Filed: March 5, 2001 |
|
|---|---|
| I | Description |
| II | Registration and Recording |
| III | Transitional |
| IV | Commencement |
"architectural plans" means the architectural plans mentioned in,
(b) clause 157 (1) (b) of the Act, in the case of a vacant land condominium corporation;
"examiner" means the examiner of surveys appointed under the Land Titles Act;
"exclusive use portion" means a part of the common elements that is to be used by,
(b) the owners of one or more common interests in the corporation, but not all the owners, in the case of common elements condominium corporation;
"land registrar" means the land registrar in whose registry or land titles division, as the case may be, the property is situated;
"perimeter plan of survey" means the plan of survey described in,
(b) clause 157 (1) (a) of the Act, in the case of a vacant land condominium corporation;
"plans of survey" means the description except for the architectural plans and the structural plans;
"registered" means registered under the Registry Act or the Land Titles Act;
"structural plans" means the structural plans mentioned in,
(b) clause 157 (1) (b) of the Act, in the case of a vacant land condominium corporation;
(b) Part II consisting of the exclusive use portions survey, if the property includes exclusive use portions;
(c) Part III consisting of the architectural plans, if any;
(d) Part IV consisting of the structural plans, if any; and
(e) as many other parts as the surveyor preparing the plans of survey considers appropriate.
(b) the number of sheets in the part or, if the part does not contain any sheets, the indication "NIL" or "RIEN"; and
(c) a brief explanation of the contents of the part.
(4) Each sheet in the description, other than an amendment to the description, shall indicate,
(b) the part in which it is located; and
(c) if the sheet is in the plans of survey, the total number of parts in the description.
(6) In the case of a phased condominium corporation and sheets of the plans of survey, the information described in clauses (4) (a), (b) and (c) shall be placed in the column labelled "Sheet/Part" or "Feuille/partie" in one of the following tables:
| Sheet/Part Date |
| Feuille/partie Date |
(7) The table shall contain the number of blank rows following the entry described in subsection (6) that corresponds to the number of phases that the declarant is entitled to create in the corporation.
(2) In addition to the requirements of clause 8 (1) (a) of the Act, the perimeter plan of survey in the case of a common elements condominium corporation shall show the perimeter of the structures on the common elements.
(1) Subsections (2) to (6) do not apply to a vacant land condominium corporation. (2) The diagrams of the units as described in clause 8 (1) (d) of the Act shall be shown on,
(b) the separate sheets of the plans of survey that designate the units; or
(c) the perimeter plan of survey, except in the case of a phased condominium corporation, and the separate sheets of the plans of survey that designate the units.
(4) The specification of the boundaries of each unit as described in clause 8 (1) (c) of the Act shall be shown on plan views and cross sections but no plan view or cross section is required for more than one unit with identical boundaries to other units.
(5) The plan views and cross sections shall be shown on the sheets of the plans of survey that designate the units or, if it is impractical to do so, on a separate sheet of the plans of survey.
(6) If the plan views and cross sections are shown on a separate sheet of the plans of survey the sheets of the plans of survey that designate the units shall include a cross-reference to the separate sheet.
(7) Except with respect to units in a vacant land condominium corporation, section or perspective drawings, sufficiently accurate to portray the vertical relationship of all levels, shall be drawn on each sheet of the plans of survey that designates the units or that shows the exclusive use portions.
"monument" includes a monument mentioned in Ontario Regulation 525/91 made under the Surveyors Act and any other thing, device or object used to mark or witness a boundary of surveyed land.
(2) Every exterior angle of the property shall be defined by a standard iron bar, a short standard iron bar, a rock bar, a rock post or a cut cross.
(3) Walls, floors, ceilings or other physical features shall be adopted as the monuments that control the boundaries of exclusive use portions if the boundaries are located within the building or within six metres from a building situated on the property.
(4) In the case of a corporation that is not a vacant land condominium corporation, subject to subsections (5) and (6), walls, floors, ceilings or other physical features shall be adopted as the monuments that control the boundaries of units if the boundaries are located within the building or within six metres from a building situated on the property.
(5) If, under subsection 6 (2) of Ontario Regulation 48/01, the lowermost floor of a building does not have to be in place at the time of registration of the description and if it is not in place at that time, the lower limit of units on the lowermost floor shall be defined by a horizontal plane defined by measurement and referenced to existing physical features of the property.
(6) If, under subsection 6 (3) of Ontario Regulation 48/01, the walls between units or between units and the common elements of a building do not have to be in place at the time of registration of the description and if they are not in place at that time, the boundaries of units shall be defined by cut crosses or a vertical plane defined by measurement and referenced to existing physical features of the property.
(7) Except in a vacant land condominium corporation, an angle in the boundary of a unit that is not defined by a monument mentioned in subsection (4), (5) or (6) shall be defined by an iron bar, a rock post or a cut cross.
(8) In a vacant land condominium corporation,
(b) the corners and angles in the boundaries of the property and the units not defined by a monument mentioned in clause (a) shall be defined by an iron bar or a cut cross; and
(c) monuments shall be planted at points not more than 150 metres apart.
(10) Despite subsections (7), (8) and (9), monumentation of exclusive use portions or units intended for parking purposes under those subsections may be limited to the angles in the exterior boundaries of tiers of those portions or units, as the case may be. (11) Subject to this section, Ontario Regulation 525/91, except sections 5 to 9, applies to properties.
(2) The plan of survey of each level of the property shall be on a separate sheet of the plans of survey that is designated by the word "Level" or "Niveau" followed by the number or letter of the level, except that the same sheet may include the plan of survey of two or more levels if it is possible to do so while complying with the requirements for registration of the description.
(2) The units shall be numbered consecutively beginning with the number "1" on each level but there shall not be more than one unit designated on each level by the same number.
(3) The exclusive use portions shall be designated by numbers or letters or by numbers and letters.
(4) Subsection (3) does not apply to exclusive use portions, to which the sole access is directly from the units whose owners are entitled to use the portions, if they are clearly shown by light lines of uniform width, which may be broken, on the plans of survey.
(5) Subject to subsection (4), the limits of units, common elements and exclusive use portions shall be shown on the plans of survey by solid lines that are significantly heavier than the lines described in section 17 of Ontario Regulation 42/96.
(2) Despite subsection (1), clauses 13 (1) (b) and (c), subsection 13 (3) and sections 15, 16 and 21 of Ontario Regulation 42/96 apply to the diagrams of the units as described in clause 8 (1) (d) of the Act or to the exclusive use portions survey if the boundaries of the units or exclusive use portions, as the case may be, are located six metres or more from a building situated on the property.
(b) described in an instrument registered with the approval of the examiner of surveys.
(3) Easements that will merge in law upon the registration of the declaration and description, as set out in the solicitor's statement in Schedule A to the declaration, do not have to be shown on the perimeter plan of survey.
(b) immediately below the certificate of registration, Form 3 of Ontario Regulation 43/96, if the approval of the examiner is required;
(c) immediately below the certificate of registration, or Form 3 of Ontario Regulation 43/96 if the approval of the examiner is required, the certificate signed by a surveyor in the form that is required by Ontario Regulation 48/01,
(ii) stating the date on which the survey was completed,
(iii) except in the case of a vacant land condominium corporation, if the sheet designates units, stating that the diagrams of the units on the plan are substantially accurate as required by clause 8 (1) (f) of the Act, and
(iv) if the plan is of Crown land and was prepared under the instructions of the Surveyor General of Ontario, stating that the plan and the field notes were prepared from an actual survey performed under the surveyor's personal supervision and that the surveyor was present on the site during the progress of the survey;
(e) except in the case of a description that is being registered to effect an amalgamation, the certificate by the declarant in the form that is required by Ontario Regulation 48/01 stating that the property included in the plans of survey has been laid out into,
(ii) common elements in accordance with the declarant's instructions, in the case of a common elements condominium corporation; and
(3) Each sheet of the exclusive use portions survey shall show,
(b) the certificate signed by a surveyor in the form that is required by Ontario Regulation 48/01 stating that the sheet of that survey accurately shows the extent and location of the portions.
(b) drawings that, as of the date of registration, contain sufficient information to enable the buildings to be constructed and that show all changes made to the date of registration, if copies of the architectural drawings described in clause (a) are unavailable or inadequate for the purposes of construction or if the building code made under the Building Code Act, 1992 or its successor does not require those drawings for the buildings.
(b) drawings that, as of the date of registration, contain sufficient information to enable the buildings and the structures included in the common elements to be constructed and that show all changes made to the date of registration, if copies of the architectural drawings described in clause (a) are unavailable or inadequate for the purposes of construction or if the building code made under the Building Code Act, 1992 or its successor does not require those drawings for the buildings and structures.
(2) In the case of a common elements condominium corporation or a vacant land condominium corporation, the structural plans shall be copies of the structural engineering drawings of the buildings and structures included in the common elements prepared by a person who holds a certificate of authorization as defined in the Professional Engineers Act that are current to the date of registration.
(3) Each sheet of the structural plans shall show the identification of the condominium plan in accordance with subsection 27 (2) except for the number assigned as part of the name of the corporation under subsection 27 (3).
(2) In the case of a corporation that is not a vacant land condominium corporation, if the examiner requires a description to be submitted for approval, the examiner is not required to approve the items specified in clauses 8 (1) (b), (f) if applicable, (g) and (h) of the Act that are included in a complete submission but the examiner is required to approve the items specified in clauses 8 (1) (a) and, if applicable, (c) and (d) of the Act.
(3) In the case of a vacant land condominium corporation, if the examiner requires a description to be submitted for approval, the examiner is not required to approve the items specified in clauses 157 (1) (b), (d) and (e) of the Act that are included in a complete submission but the examiner is required to approve the item specified in clause 157 (1) (a) of the Act.
(b) the one or two paper prints of the plans of survey that are signed by the surveyor and required by subsection 51 (60) of the Planning Act;
(c) one set of paper prints of the architectural plans, if any; and
(d) one set of paper prints of the structural plans, if any.
(b) complete the certificate of registration mentioned in clause 11 (1) (a) on the plans of survey and fill in the particulars of registration of the description on the paper prints of the plans of survey;
(c) fill in the registration number of the declaration in the notation described in clause 11 (1) (d) on the plans of survey and the paper prints of them;
(d) fill in the identification of the condominium plan in accordance with subsection 27 (2) on,
(ii) each sheet of the paper prints of the architectural plans, if any, and
(iii) each sheet of the paper prints of the structural plans, if any;
(f) transmit one paper print of the plans of survey to the Ontario Property Assessment Corporation;
(g) transmit the one or two paper prints of the plans of survey that are described in subsection 51 (60) of the Planning Act to the approval authority within the meaning of that subsection;
(h) transmit the paper print of the plans of survey submitted under subsection 7 (3) of Ontario Regulation 43/96 to the Association of Ontario Land Surveyors; and
(i) if the registrant has delivered to the land registrar additional copies of the plans of survey at the time of registration, fill in the particulars of registration on them and return them to the registrant.
(b) retain in the land registry office and make available for inspection when required the original portion of the description that is superseded by the amendment;
(c) integrate the amendment with the description but mark the amendment clearly to show the fact that it is an amendment and the date of its registration;
(d) make the entries in the Condominium Register that are required to reflect the registration of the amendment; and
(e) transmit one paper print of the portion of the description, as amended by the amendment, to each of the Ontario Property Assessment Corporation and the approval authority within the meaning of subsection 51 (60) of the Planning Act.
(b) separate sheets of the plans of survey that designate the units included in the phase;
(c) the exclusive use portions survey for the land included in the phase, if the land includes exclusive use portions;
(d) architectural plans, if any, of the buildings included in the phase, shown as the next available part in the description and prepared in accordance with sections 13 and 15; and
(e) structural plans, if any, of the buildings included in the phase, shown as the next available part in the description and prepared in accordance with sections 14 and 15.
(3) The first sheet of the perimeter plan of survey of the land included in the phase shall include an index that shows the information described in clauses 2 (2) (a), (b) and (c) for each part included in the description as amended by the amendment.
(4) The sheets in the perimeter plan of survey of the land included in the phase shall be numbered consecutively beginning with the next consecutive number after the end of the perimeter plan of survey contained in the description for the existing property.
(5) The separate sheets of the plans of survey that designate the units included in the phase shall be numbered consecutively beginning with the next consecutive number after the end of the separate sheets of the plans of survey that designate the units included in the existing property, taking into account the integration described in clause 22 (1) (a).
(6) The sheets in the exclusive use portions survey for the land included in the phase shall be numbered consecutively beginning with the next consecutive number after the end of the exclusive use portions survey contained in the description for the existing property.
(7) Each sheet that the amendment to the description creating a phase will add to the plans of survey shall,
(b) indicate, in the column labelled "Sheet/Part" or "Feuille/partie" in the table,
(ii) the part in which the sheet is located and the total number of parts in the description.
(2) All interests that are appurtenant to the land included in a phase, or that will be upon the registration of the amendments to the declaration and description creating the phase, shall be shown on the perimeter plan of survey of the land included in the phase in light, broken or unbroken, lines of uniform width and shall be labelled unless they are,
(b) described in an instrument registered with the approval of the examiner of surveys.
(4) Easements that will merge in law upon the registration of the amendments to the declaration and description creating a phase, as set out in the solicitor's statement in the17 amendment to Schedule A to the declaration, do not have to be shown on the perimeter plan of survey of the land included in the phase.
(2) In addition to the requirements of subsection 11 (1), each sheet that the amendment to the description creating a phase will add to that part of the plans of survey, other than the exclusive use portions survey, shall show the certificate by the declarant in the form that is required by Ontario Regulation 48/01 stating that the property included in the phase shown in the amendment to the plans of survey has been laid out into units and common elements in accordance with the declarant's instructions.
(3) In addition to the requirements of subsection 11 (1), each sheet that the amendment to the description creating a phase will add to the perimeter plan of survey shall show, immediately below the notation described in clause 11 (1) (d), Form 3 of Ontario Regulation 48/01 that is a description of all interests that are appurtenant to the land included in the phase and all easements or similar interests to which the land is subject.
(4) Subsection 11 (3) applies to each sheet that the amendment to the description creating a phase will add to the exclusive use portions survey.
(ii) the separate sheets of the plans of survey that designate the units included in the phase follow immediately after the end of the separate sheets of the plans of survey that designate the units included in the property before the registration of the amendment, and
(iii) the sheets of the exclusive use portions survey for the land included in the phase follow immediately after the end of the exclusive use portions survey contained in the description before the registration of the amendment;
(c) cross off the most recent index described in subsection 2 (2) included in the description and insert a reference to the sheet of the perimeter plan of survey on which the updated index appears;
(d) cross off the most recent row included in the table described in subsection2 (6) that appears on each sheet of the plans of survey, except for the sheets of the amendment, but ensure that row still remains legible; and
(e) indicate in the column labelled "Sheet/Part" or "Feuille/partie" in the next available row in each of the tables described in clause (d),
(ii) the part in which the sheet is located and the total number of parts in the description.
(b) make the entries in the Condominium Register that are required to reflect the registration of the amendment.
(2) This section is revoked on the 180th day after the day Part II of the Act comes into force.
"Common Elements and General Index" means the part of the Condominium Register for the property established by the Director of Titles and known as the Common Elements and General Index;
"Condominium Corporations Index" means the Condominium Corporations Index mentioned in subsection 3 (3) of the Act;
"Condominium Register" means the Condominium Register mentioned in subsection 3 (4) of the Act;
"Constitution Index" means the part of the Condominium Register for the property established by the Director of Titles and known as the Constitution Index;
"easement" means an easement, right of way, right or licence in the nature of an easement, profit prendre or other incorporeal hereditament, but does not include any of those that arise by operation of law;
"land registrar" means the land registrar in whose registry or land titles division, as the case may be, the property is situated;
"parcel of tied land" means a parcel of land described in clause 139 (1) (a) of the Act in the case of a common elements condominium corporation and to which a common interest of an owner in the corporation attaches under clause 139 (2) (a) of the Act;
"Property Index" means the part of the Condominium Register for the property established by the Director of Titles and known as the Property Parcel Register if the Land Titles Act applies to the property and the Property Abstract Index if the Registry Act applies to the property;
"standard condominium corporation" means a freehold condominium corporation that is not a common elements condominium corporation or a vacant land condominium corporation;
"unit" includes the common interest appurtenant to the unit;
"Unit Index" means the part of the Condominium Register for the property established by the Director of Titles and known as the Unit Register or the Parcel Register if the Land Titles Act applies to the property and the Unit Index if the Registry Act applies to the property.
(b) assign to the declaration a registration number in the series of numbers used for instruments dealing with land;
(c) assign an identification to the description in accordance with subsection (2);
(d) assign a name to the corporation in accordance with subsection (3); and
(e) record in the Condominium Corporations Index the particulars with reference to the registrations that the Director of Titles specifies.
[2] The applicable words in English specified in subsection (4) for the type of corporation involved.
[3] The words "Condominium Plan No.".
[4] The number assigned as part of the name of the corporation under paragraph (3) (a) [4]; or
[2] The applicable words in French specified in subsection (4) for the type of corporation involved.
[3] The number assigned as part of the name of the corporation under paragraph (3) (b) [3].
[4] The word "de" and the name of the land titles or registry division in which the land described in the description is situated, excluding the number of the division.
[2] The applicable words in English specified in subsection (4) for the type of corporation involved.
[3] The words "Condominium Corporation No.".
[4] The next available consecutive number; or
[2] The applicable words in French specified in subsection (4) for the type of corporation involved.
[3] The next available consecutive number.
[4] The word "de" and the name of the land titles or registry division in which the land described in the description is situated, excluding the number of the division.
(b) the words "Common Elements" or "de parties communes" in the case of a common elements condominium corporation;
(c) the words "Vacant Land" or "de terrain nu" in the case of a vacant land condominium corporation; and
(d) the word "Leasehold" or "de proprit bail" in the case of a leasehold condominium corporation.
(6) Amalgamating corporations shall continue after an amalgamation as the amalgamated corporation with the name that the land registrar assigns under this section.
except if the declaration and description are being registered to effect an amalgamation, or
(ii) the Constitution Index, the Common Elements and General Index, and the Property Index for each of the amalgamating corporations, if the declaration and description are being registered to effect an amalgamation;
(c) record the declaration and description in the Constitution Index;
(d) record, in the Common Elements and General Index and in order of registration,
(ii) all instruments registered in the Common Elements and General Index for each of the amalgamating corporations, if the declaration and description are being registered to effect an amalgamation;
(f) if the declaration and description are being registered to effect an amalgamation, re-enter, in the Unit Index for each unit included in the property of the amalgamated corporation and in order of registration, all instruments recorded against the corresponding unit of the amalgamating corporations; and
(g) if the declaration and description are for a common elements condominium corporation, record, in the parcel register for each parcel of tied land, the notice and the copy of the certificate described in clause 139 (2) (b) of the Act that are Schedules I and J respectively to the declaration.
(b) record, in the Property Index and in the Common Elements and General Index and in order of registration, all instruments affecting the leasehold estate in the property, including the declaration and description;
(c) record the declaration and description in the Constitution Index; and
(d) establish a Unit Index for each unit included in the property.
(ii) the Constitution Index, the Common Elements and General Index, and the Property Index for each of the amalgamating corporations, if the declaration and description are being registered to effect an amalgamation;
(c) if the declaration and description are not being registered to effect an amalgamation, record in the Property Index,
(ii) the instruments mentioned in Schedule C to the certificate,
(iii) all instruments registered after the effective date of the certificate and before the date of registration of the declaration and description, and
(iv) the declaration and description;
(e) record the declaration and description in the Constitution Index;
(f) record the declaration and description in the Common Elements and General Index;
(g) subject to subsection (4), establish a Unit Index for each unit, if any, included in the property; and
(h) if the declaration and description are for a common elements condominium corporation, record, in the abstract index of each parcel of tied land, the notice and the copy of the certificate described in clause 139 (2) (b) of the Act that are Schedules I and J respectively to the declaration.
(5) If a land registrar receives, for registration, a declaration and description that are not being registered to effect an amalgamation and if the records of the property are automated, the land registrar shall,
(ii) the existing leasehold parcel register for the land that includes the property, if the declaration and description are for a leasehold condominium corporation;
(c) re-enter the property in the Unit Index for each unit included in the property; and
(d) record the declaration and description in the Unit Index for each unit included in the property.
(b) establish a Unit Index for each unit included in the property in accordance with the list of all units in the amalgamated corporation that is set out in Schedule C to the declaration; and
(c) re-enter, in the Unit Index for the corresponding units of the amalgamated corporation and in order of registration, all instruments affecting the units of the amalgamating corporations, including the declaration and description.
(b) establish a new parcel register for the property;
(c) re-enter the property in the new parcel register; and
(d) record, in the parcel register for each parcel of tied land, the declaration, the description, the notice described in subclause 139 (2) (b) (i) of the Act that is Schedule I to the declaration and the copy of the certificate described in subclause 139 (2) (b) (ii) of the Act that is Schedule J to the declaration.
(b) the Condominium Corporations Index previously established shall be continued.
(b) if the records of the property are automated, record in each Unit Index established under clause (a) all instruments affecting the unit.
(b) in the Unit Index for each unit included in the property, if it purports to affect all or part of the common elements.
(3) An instrument to which subsection (1) or (2) applies includes an amendment to a declaration or a description, but not a declaration, a description or an amendment to a declaration and a description that purports to add any parcels of tied land to the property.
(4) If a land registrar receives for registration,
(b) the records of the property are automated, the land registrar shall record the instrument in the parcel register for the parcel of tied land.
(b) in the abstract index for each additional parcel of tied land to which the Registry Act applies;
(c) in the parcel register for the land that includes the property if the records of the property are automated; and
(d) in the Constitution Index and the Common Elements and General Index if the records of the property are not automated.
(ii) all or part of the common elements included in the property, but no units or parcels of tied land;
(c) the Common Elements and General Index and the parcel register or the abstract index, as the case may be, for each parcel of tied land that it purports to affect, if it purports to affect all or part of the common elements included in the property and some, but not all, of the parcels of tied land in the case of a common elements condominium corporation;
(d) the Unit Index for each unit included in the property that it purports to affect, if it purports to affect no specific part of the common elements included in the property and one or more units, but not all of the units; or
(e) the parcel register or the abstract index, as the case may be, for each parcel of tied land that it purports to affect, if it purports to affect no specific part of the common elements included in the property and one or more, but not all of the30 parcels of tied land in the case of a common elements condominium corporation.
(b) it is,
(ii) an application for a caution under the Land Titles Act, or
(iii) a deed or other instrument by which ownership of the property is changed and that is received for registration before the registration of a deed of any unit included in the property;
(d) the records of the property are not automated.
(b) the parcel register or the abstract index, as the case may be, for each parcel of tied land that it purports to affect, if it purports to affect one or more, but not all of the parcels of tied land in the case of a common elements condominium corporation; and
(c) the Common Elements and General Index, if it purports to affect part but not all of the common elements included in the property.
(2) The land registrar shall record the notice in the Condominium Corporations Index and, in addition, if the records of the property are automated,
(b) in the parcel register for the property, in the case of a common elements condominium corporation.
(b) the by-law was made in accordance with the Act;
(c) the owners of a majority of the units of the corporation have voted in favour of confirming the by-law; and
(d) if the by-law is a joint by-law made under section 59 of the Act, it is not effective until the corporations that made it have each registered a copy of it in accordance with subsection 56 (9) of the Act.
(2) The summary mentioned in clause 83 (1) (b) of the Act in respect of a lease or a renewal of a lease of a common interest in a common elements condominium corporation shall be in Form 5, signed by the owner of the common interest.
(2) A discharge of a certificate of lien mentioned in subsection 85 (7) of the Act shall be in Form 7.
(2) The certificate shall be dated no earlier that the 14th day before the date that the board gives the owners the notice of meeting described in subsection 120 (3) of the Act.
(2) A notice described in subclause 139 (2) (b) (i) of the Act stating that the common interest of an owner in the corporation attaches to the owner's parcel of tied land shall be in Form 10.
(2) A notice described in subsection 174 (7) of the Act stating that the leasehold interests in the units in a leasehold condominium corporation have not been renewed shall be in Form 12.
(b) the number or letter of the level of the unit;
(c) the identification of the condominium plan specified in subsection 27 (2);
(d) a reference to the name of the municipality in which the property is located at the time of execution of the instrument; and
(e) the unit's property identifier if the records of the property are automated.
(b) the name assigned to the corporation under subsection 27 (3); and
(c) a reference to the name of the municipality in which the property is located at the time of execution of the instrument.
[2] The identification of the condominium plan specified in subsection 27 (2).
[3] A reference to the name of the municipality in which the property is located at the time of execution of the instrument.
[4] The property identifiers of all the units, if the records of the property are automated.
[2] The identification of the condominium plan specified in subsection 27 (2).
[3] A reference to the name of the municipality in which the property is located at the time of execution of the instrument.
[4] The property identifiers of,
ii. the condominium plan, if the corporation is a common elements condominium corporation and the records of the property are automated.
(2) A notice of termination mentioned in section 123 of the Act shall be in Form 14.
(3) A land registrar shall not receive for registration a notice of termination in Form 13 or 14 unless,
(b) for each owner that is an individual,
(ii) a court order described in clause 21 (1) (c) of the Family Law Act is attached to the notice, together with a statement or affidavit of a solicitor that the court order is in full force and effect and has not been stayed, or
(iii) the notice is accompanied by one of the statements described in subsection 21 (3) of the Family Law Act made by the individual or the individual's attorney under subsection 21 (4) of that Act.
(b) the parcel register for the property and the parcel register for each parcel of tied land, if the records of the property are automated and the corporation is a common elements condominium corporation;
(c) the Constitution Index, the Common Elements and General Index, the Property Index, the Unit Index for each unit included in the property and the parcel register or the abstract index, as the case may be, for each parcel of tied land, if the records of the property are not automated;
(d) the freehold parcel register and the leasehold parcel register relating to the property, if the corporation is a leasehold condominium corporation and the Land Titles Act applies to the property; and
(e) the abstract index relating to the property, if the corporation is a leasehold condominium corporation and the Registry Act applies to the property.
(b) in the case of a freehold condominium corporation, all the owners as tenants in common, described as,
(ii) "tous les anciens propritaires comme tenants communs" if the notice is in French; and
(i) "all the former owners" if the notice is in English, or
(ii) "tous les anciens propritaires" if the notice is in French.
(b) except in the case of a deed for part of the common elements that are for the use of all the owners, for each owner that is an individual and that voted in favour of the sale,
(ii) a court order described in clause 21 (1) (c) of the Family Law Act is attached to the deed, together with a statement or affidavit of a solicitor that the court order is in full force and effect and has not been stayed, or
(iii) the deed is accompanied by one of the statements described in subsection 21 (3) of the Family Law Act made by the individual or the individual's attorney under subsection 21 (4) of that Act;
(d) in the case of a leasehold condominium corporation, it contains a statement by the authorized officers of the corporation that the lessor has consented to and executed the agreement of purchase and sale for the land described in the deed.
(3) A land registrar who receives for registration a deed for a sale of the property or a part of the common elements under section 124 of the Act shall record it in,
(b) the following places if the records of the property are automated and the corporation is a common elements condominium corporation:
[2] The parcel register for each parcel of tied land, if the deed is for a sale of the property;
(d) the Common Elements and General Index, if the records of the property are not automated and the land being sold is a part of the common elements;
(e) the freehold parcel register and the leasehold parcel register relating to the property, if the corporation is a leasehold condominium corporation and the Land Titles Act applies to the property; and
(f) the abstract index relating to the property, if the corporation is a leasehold condominium corporation and the Registry Act applies to the property.
(b) the following places if the records of the property are automated and the corporation is a common elements condominium corporation;
[2] The parcel register for each parcel of tied land, if the land being expropriated is all of the property;
(d) the Common Elements and General Index and the Unit Index for each unit or part of a unit being expropriated, if the records of the property are not automated and the land being expropriated is part, but not all, of the common elements;
(e) the freehold parcel register and the leasehold parcel register relating to the property, if the corporation is a leasehold condominium corporation and the Land Titles Act applies to the property; and
(f) the abstract index relating to the property, if the corporation is a leasehold condominium corporation and the Registry Act applies to the property.
(2) If an order mentioned in subsection (1) contains conditions, a land registrar shall not receive the order for registration unless there is attached to the order a statement or affidavit made by the solicitor for the registrant, stating that the conditions contained in the order have been complied with.
(3) A land registrar who receives for registration an order mentioned in subsection (1) shall record it in,
(b) the parcel register for the property and the parcel register for each parcel of tied land, if the records of the property are automated and the corporation is a common elements condominium corporation;
(c) the Constitution Index, the Common Elements and General Index, the Property Index, the Unit Index for each unit included in the property and the parcel register or the abstract index, as the case may be, for each parcel of tied land, if the records of the property are not automated;
(d) the freehold parcel register and the leasehold parcel register relating to the property, if the corporation is a leasehold condominium corporation and the Land Titles Act applies to the property; and
(e) the abstract index relating to the property, if the corporation is a leasehold condominium corporation and the Registry Act applies to the property.
(b) a new abstract index under subsection 83 (3) of the Registry Act for the land included in the property, if the land is registered under that Act.
(b) a new abstract index for the part under subsection 83 (3) of the Registry Act, if the part is registered under that Act.
(ii) Schedule A to each of the declarations described in subsection (4), in the case of land included in the property of an amalgamated corporation;
(c) takes into account all changes from the legal description in Schedule A to the declarations described in subsection (4) that were made after the registration of each of those declarations and before the termination, in the case of land included in the property of an amalgamated corporation.
(b) the declaration of each corporation that was not itself an amalgamated corporation and that was a predecessor of one of the amalgamating corporations that was an amalgamated corporation, as that declaration existed immediately before the amalgamation.
(b) all claims that apply to the land in accordance with the order for termination mentioned in section 128 of the Act; and
(c) the notice of termination, deed for a sale, plan of expropriation or order for termination, as the case may be.
(b) by name, in the case of a deed for a sale under section 124 of the Act;
(c) by name of the expropriating authority, in the case of a plan of expropriation under section 126 of the Act; or
(d) by the method that the land registrar considers most suitable, having regard to the order, in the case of an order for termination mentioned in section 128 of the Act.
(b) record in the abstract index the notice of termination, deed for a sale, plan of expropriation or order for termination, as the case may be; and
(c) note in the abstract index the fact that land was previously subject to the Condominium Act, 1998 and the identification of the condominium plan.
(b) despite subsection 65 (1) of Ontario Regulation 48/01, clauses 4 (1) (c) and (e) of Regulation 96 of the Revised Regulations of Ontario, 1990, as they read immediately before that day, continue to apply to the corporation.
R.W. RUNCIMAN
Minister of Consumer and Commercial Relations
Dated on February 6, 2001.