146 (1) A phase that contains units may be created only in the blocks of numbers of units, during the time periods and in accordance with the requirements that are prescribed. 1998, c. 19, s. 146 (1). Phase containing common elements (2) A phase that contains common elements may be created only during the time periods and in accordance with the requirements that are prescribed. 1998, c. 19, s. 146 (2). Method of creation (3) To create a phase, the declarant shall register an amendment to both the declaration and description. 1998, c. 19, s. 146 (3). Amendment to declaration (4) The amendment to the declaration required for creating a phase shall include, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 146 (4) of the Act is amended by adding “Subject to the regulations” at the beginning of the portion before clause (a). (See: 2015, c. 28, Sched. 1, s. 127 (1)) (a)  the consent of every person having a registered mortgage against the land included in the phase or interests appurtenant to the land, as the land and the interests are described in the amendment to the description required for creating the phase; (b)  a statement of the proportions, expressed in percentages, of the common interests appurtenant to the units in the corporation after the creation of the phase; (c)  a statement of the proportions, expressed in percentages allocated to the units in the corporation, in which the owners after the creation of the phase are to contribute to the common expenses; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 146 (4) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 127 (2)) (c.1)  a statement of how the proportions mentioned in clauses (b) and (c) are determined; (d)  a specification of all parts of the common elements contained in the phase that are to be used by the owners of one or more designated units and not by all the owners; (e)  a statement of all conditions that the approval authority, in approving or exempting under section 9 the amendment to the description required for creating the phase, requires the amendment to the declaration to mention; and (f)  all other material that the regulations require. 1998, c. 19, s. 146 (4); 2015, c. 28, Sched. 1, s. 146 (1). Amendment to description (5) The amendment to the description required for creating a phase shall include, (a)  the material mentioned in subsection 8 (1) prepared with respect to the phase; (b)  a legal description of the land that will be the servient tenement within the meaning of section 151; and (c)  all other material that the regulations require. 1998, c. 19, s. 146 (5); 2015, c. 28, Sched. 1, s. 146 (1). Same (6) Subsection 8 (2) and clause 8 (3) (b) apply with necessary modifications to the amendment. 1998, c. 19, s. 146 (6). Consent of owners not required (7) Section 107 does not apply to amendments to the declaration that comply with subsection (4) or to amendments to the description that comply with subsections (5) and (6). 1998, c. 19, s. 146 (7). Completion of buildings (8) The amendments to the declaration and description required for creating a phase shall not be registered unless all facilities and services have been installed or provided as the municipality in which the land of the corporation is situated, or the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, determines are necessary to ensure the independent operation of the corporation if no subsequent phases are created. 1998, c. 19, s. 146 (8). Security (9) Despite subsection (8), a declarant may register the amendments to the declaration and description required for creating a phase, even though certain facilities and services have not been installed or provided, if the municipality or the Minister of Municipal Affairs and Housing, as the case may be, agrees that the declarant provide to a specified person a bond or other security that is sufficient to ensure the installation or provision of the facilities and services. 1998, c. 19, s. 146 (9). Partial release (10) The person holding the bond or other security may provide a partial release of it to the declarant with the consent of the municipality or the Minister of Municipal Affairs and Housing, as the case may be. 1998, c. 19, s. 146 (10). Full release (11) The person holding the bond or other security shall not release it in full until, (a)  all the facilities and services covered by the bond, or other security have been installed or provided in accordance with the regulations; and (b)  the municipality or the Minister of Municipal Affairs and Housing, as the case may be, consents. 1998, c. 19, s. 146 (11); 2015, c. 28, Sched. 1, s. 146 (1). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 127 - not in force; 2015, c. 28, Sched. 1, s. 146 (1) - 01/09/2017