O. Reg. 443/11: DESCRIPTION AND REGISTRATION

 

ontario regulation 443/11

made under the

condominium Act, 1998

Made: May 18, 2011
Filed: September 1, 2011
Published on e-Laws: September 6, 2011
Printed in The Ontario Gazette: September 17, 2011

Amending O. Reg. 49/01

(Description and Registration)

1. (1) Clause 11 (1) (b) of Ontario Regulation 49/01 is revoked and the following substituted:

(b) immediately below the certificate of registration, the form that section 12 of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act requires for the approval of the examiner, if that approval is required;

(2) Clause 11 (1) (c) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(c) immediately below the certificate of registration, or the form that section 12 of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act requires for the approval of the examiner, if that approval is required, the certificate signed by a surveyor in the form that is required by Ontario Regulation 48/01,

. . . . .

(3) Subsection 11 (2) of the Regulation is revoked and the following substituted:

(2) Each sheet of the perimeter plan of survey shall show immediately below the notation described in clause (1) (d), the form that subsection 9 (5) of Ontario Regulation 48/01 (General) made under the Act requires for a description of all interests that are appurtenant to the property and all easements or similar interests to which the property is subject.

2. Subsection 21 (3) of the Regulation is revoked and the following substituted:

(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), the form that subsection 9 (5) of Ontario Regulation 48/01 (General) made under the Act requires for 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.

3. Section 35 of the Regulation is amended by striking out “in Form 1” at the end and substituting “in the form that the Director of Titles specifies”.

4. Subsection 36 (1) of the Regulation is amended by striking out “in Form 2” at the end and substituting “in the form that the Director of Titles specifies”.

5. Section 37 of the Regulation is amended by striking out “in Form 3” and substituting “in the form that the Minister responsible for the administration of that subclause specifies”.

6. Sections 39, 40 and 41 of the Regulation are revoked and the following substituted:

Money held in trust

39. The evidence of compliance mentioned in subsection 81 (6) of the Act with respect to money held in trust under section 81 of the Act shall be a statement that is,

(a) signed by the declarant’s solicitor, a partner in the partnership of solicitors that is the declarant’s solicitor, a solicitor employed by the partnership of solicitors that is the declarant’s solicitor or a trustee of a prescribed class; and

(b) in the form that the Minister responsible for the administration of that section specifies.

Lease or renewal

40. (1) The summary mentioned in clause 83 (1) (b) of the Act in respect of a lease or a renewal of a lease of a unit shall be signed by the owner of the unit and shall be in the form that is entitled “Summary of Lease or Renewal” and dated September 1, 2011, as it appears on the Government of Ontario website.

(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 signed by the owner of the common interest and shall be in the form described in subsection (1).

Notice of lien

41. (1) A certificate of lien mentioned in subsection 85 (2) of the Act shall be in the form that is entitled “Certificate of Lien” and dated September 1, 2011, as it appears on the Government of Ontario website.

(2) A discharge of a certificate of lien mentioned in subsection 85 (7) of the Act shall be in the form that is entitled “Discharge of Certificate of Lien” and dated September 1, 2011, as it appears on the Government of Ontario website.

7. Subsection 42 (1) of the Regulation is revoked and the following substituted:

Status certificate

(1) A certificate mentioned in clause 120 (3) (c) of the Act as to the status for each amalgamating corporation shall be in the form that is entitled “Status Certificate in Amalgamation” and dated September 1, 2011, as it appears on the Government of Ontario website.

8. (1) Subsection 43 (1) of the Regulation is amended by striking out “in Form 9” at the end and substituting “in the form that the Director of Titles specifies”.

(2) Subsection 43 (2) of the Regulation is amended by striking out “in Form 10” at the end and substituting “in the form that the Director of Titles specifies”.

9. (1) Subsection 44 (1) 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”.

(2) Subsection 44 (2) of the Regulation is amended by striking out “in Form 12” at the end and substituting “in the form that the Director of Titles specifies”.

10. (1) Subsection 47 (1) of the Regulation is amended by striking out “in Form 13” at the end and substituting “in the form that the Director of Titles specifies”.

(2) Subsection 47 (2) of the Regulation is amended by striking out “in Form 14” at the end and substituting “in the form that the Director of Titles specifies”.

(3) The following provisions of the Regulation are amended by striking out “in Form 13 or 14” wherever that expression appears and substituting in each case “the form described in subsection (1) or (2)”:

1. Subsection 47 (3) in the portion before clause (a).

2. Subsection 47 (4) in the portion before clause (a).

3. Subsection 47 (5) in the portion before clause (a).

11. Subsection 48 (2) of the Regulation is amended by striking out “Form 15” at the end and substituting “in the form that the Minister responsible for the administration of that subsection specifies”.

12. Forms 1 to 15 of the Regulation are revoked.

Commencement

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

Made by:

Harinder Jeet Singh Takhar

Minister of Government Services

Date made: May 18, 2011.