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O. Reg. 442/11: GENERAL

filed September 1, 2011 under Condominium Act, 1998, S.O. 1998, c. 19

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ontario regulation 442/11

made under the

condominium Act, 1998

Made: July 19, 2011
Filed: September 1, 2011
Published on e-Laws: September 6, 2011
Printed in The Ontario Gazette: September 17, 2011

Amending O. Reg. 48/01

(General)

1. Clause 4 (b) of Ontario Regulation 48/01 is amended by adding “as it read immediately before the repeal of that Act” after “the Certification of Titles Act”.

2. (1) Subsection 5 (3) of the Regulation is amended by striking out “in Form 1” and substituting “in the form that the Director of Titles specifies”.

(2) Clause 5 (8) (a) of the Regulation is amended by striking out “in Form 2” and substituting “in the form that the Director of Titles specifies”.

(3) Clause 5 (8) (b) of the Regulation is amended by striking out “in Form 2” and substituting “in the form that the Director of Titles specifies”.

(4) Subsection 5 (9) of the Regulation is amended by striking out “in Form 2” and substituting “described in subsection (8)”.

3. Subsection 9 (5) of the Regulation is amended by striking out “in Form 3” at the end and substituting “in the form that the Director of Titles specifies”.

4. (1) Subsection 10 (1) of the Regulation is amended by striking out “in Form 4” at the end and substituting “in the form that the Director of Titles specifies”.

(2) Subsection 10 (2) of the Regulation is amended by striking out “in Form 5” at the end and substituting “in the form that the Director of Titles specifies”.

(3) Subsection 10 (3) of the Regulation is amended by striking out “in Form 6” at the end and substituting “in the form that the Director of Titles specifies”.

(4) Subsection 10 (4) of the Regulation is amended by striking out “in Form 7” at the end and substituting “in the form that the Director of Titles specifies”.

5. Section 13 of the Regulation is revoked and the following substituted:

Proxies

13. An instrument appointing a proxy to vote at a meeting of owners may be in the form that the Minister responsible for the administration of section 52 of the Act specifies.

6. Section 14 of the Regulation is amended by striking out “in Form 11” at the end and substituting “in the form that the Director of Titles specifies”.

7. Subsection 17 (3) of the Regulation is revoked and the following substituted:

(3) The table of contents in the disclosure statement mentioned in subsection 72 (4) of the Act shall be in the form that is entitled “Disclosure Statement, Table of Contents” and dated September 1, 2011, as it appears on the Government of Ontario website.

8. Subsection 18 (1) of the Regulation is revoked and the following substituted:

Status certificate

(1) A status certificate shall be in the form that is entitled “Status Certificate” and dated September 1, 2011, as it appears on the Government of Ontario website.

9. Section 24 of the Regulation is amended by striking out “in Form 14” at the end and substituting “in the form that the Minister responsible for the administration of that subsection specifies”.

10. Subsection 33 (3) of the Regulation is revoked and the following substituted:

(3) The notice that the board is required to send under subsection 94 (9) of the Act shall be in the form that is entitled “Notice of Future Funding of the Reserve Fund” and dated September 1, 2011, as it appears on the Government of Ontario website.

11. Clause 39 (b) of the Regulation is amended by adding “as it read immediately before the repeal of that Act” after “the Certification of Titles Act”.

12. (1) Subsection 40 (3) of the Regulation is amended by striking out “in Form 16” and substituting “in the form that the Director of Titles specifies”.

(2) The following provisions of the Regulation are amended by striking out “in Form 17” wherever that expression appears and substituting in each case “in the form that the Director of Titles specifies”:

1. Clause 40 (11) (a) in the portion before subclause (i).

2. Clause 40 (11) (b) in the portion before subclause (i).

(3) Clauses 40 (12) (a) and (b) of the Regulation are amended by striking out “in Form 17” wherever that expression appears and substituting in each case “described in subsection (11)”.

(4) Subsections 40 (13) and (14) of the Regulation are amended by striking out “in Form 17 contained” wherever that expression appears and substituting in each case “described in subsection (11) that are contained”.

13. Clause 48 (2) (b) of the Regulation is amended by adding “as it read immediately before the repeal of that Act” after “the Certification of Titles Act”.

14. Subsection 49 (4) of the Regulation is amended by striking out “in Form 1” and substituting “in the form that the Director of Titles specifies”.

15. Clause 52 (2) (f) of the Regulation is amended by striking out “in Form 18” and substituting “in the form that the Director of Titles specifies”.

16. Subsection 53 (4) of the Regulation is amended by striking out “in Form 3” at the end and substituting “in the form that the Director of Titles specifies”.

17. (1) Subsection 54 (1) of the Regulation is revoked and the following substituted:

Forms for amendments creating phase

(1) Amendments to the declaration and description creating a phase shall be in the form that is entitled “Amendment to Declaration and Description to Create a Phase” and dated September 1, 2011, as it appears on the Government of Ontario website.

(2) Subsection 54 (3) of the Regulation is amended by striking out “in Form 20” at the end and substituting “in the form that the Director of Titles specifies”.

18. (1) The following provisions of the Regulation are amended by striking out “in Form 17” wherever that expression appears and substituting in each case “in the form that the Director of Titles specifies”:

1. Clause 56 (7) (a) in the portion before subclause (i).

2. Clause 56 (7) (b) in the portion before subclause (i).

(2) Clauses 56 (10) (a) and (b) of the Regulation are amended by striking out “in Form 17” wherever that expression appears and substituting in each case “described in subsection (7)”.

(3) Subsections 56 (11) and (12) of the Regulation are amended by striking out “in Form 17 contained” wherever that expression appears and substituting in each case “described in subsection (7) that are contained”.

19. Subsection 57 (4) of the Regulation is amended by striking out “in Form 3” at the end and substituting “in the form that the Director of Titles specifies”.

20. Subsection 58 (1) of the Regulation is amended by striking out “in Form 21” and substituting “in the form that the Director of Titles specifies”.

21. Paragraph 2 of clause 59 (c) of the Regulation is amended by adding “as it read immediately before the repeal of that Act” after “the Certification of Titles Act”.

22. Section 61 of the Regulation is amended by striking out “in Form 22” at the end and substituting “in the form that the Director of Titles specifies”.

23. Section 62 of the Regulation is revoked and the following substituted:

Forms

62. The following shall be in the form that the Minister responsible for the administration of section 174 of the Act specifies:

1. The notice that clause 174 (1) (a) of the Act requires the lessor to give a leasehold condominium corporation if the lessor intends to renew all the leasehold interests.

2. The notice that clause 174 (1) (b) of the Act requires the lessor to give a leasehold condominium corporation if the lessor intends to not renew all the leasehold interests.

3. The notice that subsection 174 (4) of the Act requires the corporation to send to the owners.

4. The notice that subsection 174 (6) of the Act requires the corporation to send to the lessor.

24. Forms 1 to 26 of the Regulation are revoked.

Commencement

25. This Regulation comes into force on the later of July 1, 2011 and the day it is filed.