79 (1) A declarant who has entered into an agreement of purchase and sale of a proposed unit shall take all reasonable steps to complete the buildings required by the agreement subject to all prescribed requirements and to register, without delay, a declaration and description in respect of the property in which the proposed unit will be included. 1998, c. 19, s. 79 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 79 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 70) Duty to register declaration and description (1) If a declarant or a person acting on behalf of or for the benefit of the declarant has entered into an agreement of purchase and sale of a proposed unit, the declarant shall take all reasonable steps to complete the buildings required by the agreement subject to all prescribed requirements and to register, without delay, a declaration and description in respect of the property in which the proposed unit will be included. 2015, c. 28, Sched. 1, s. 70. No right to terminate (2) Despite any provision to the contrary in the agreement of purchase and sale, the declarant is not entitled to terminate an agreement of purchase and sale of a proposed unit by reason only of the failure to register the declaration and description within a period of time specified in the agreement, unless the purchaser consents to the termination in writing. 1998, c. 19, s. 79 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 79 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1, s. 70) No right to terminate (2) Despite any provision to the contrary in the agreement of purchase and sale, the declarant or a person acting on behalf of or for the benefit of the declarant is not entitled to terminate an agreement of purchase and sale of a proposed unit by reason only of the failure to register the declaration and description within a period of time specified in the agreement, unless the purchaser consents to the termination in writing. 2015, c. 28, Sched. 1, s. 70. Application to court (3) Despite subsection (2), if a declaration and description have not been registered, the declarant may, upon 15 days written notice to the purchasers of all proposed units in the property affected by the declaration and description, make an application to the Superior Court of Justice for an order terminating the agreements of purchase and sale of the purchasers. 1998, c. 19, s. 79 (3); 2000, c. 26, Sched. B, s. 7 (5). Subsequent registration (4) The court may, in the order, provide that a declaration and description shall not be registered in respect of the property in which the proposed units will be included during a period specified in the order. 1998, c. 19, s. 79 (4). Considerations (5) On an application for an order, the court shall consider whether, (a)  the declarant has taken all reasonable steps to register a declaration and description; (b)  a declaration and description can be registered within a reasonable period of time; and (c)  the failure and inability to register a declaration and description is caused by circumstances beyond the control of the declarant. 1998, c. 19, s. 79 (5). Registration of order (6) The order is ineffective until a certified copy of it is registered. 1998, c. 19, s. 79 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 7 (5) - 5/05/2001 2015, c. 28, Sched. 1, s. 70 - not in force