2 (1) Subject to the regulations and subsections (2) and (2.1), a declaration and description may be registered by or on behalf of the person who owns the freehold or leasehold estate in the land described in the description. 1998, c. 19, s. 2 (1); 2015, c. 28, Sched. 1, s. 7 (1). Restriction (2) A declaration and description for a freehold condominium corporation shall not be registered by or on behalf of a person who does not own the freehold estate in the land described in the description. 1998, c. 19, s. 2 (2). Same, residential condominium conversion project (2.1) A declaration and description that would create a corporation for a residential condominium conversion project shall not be registered unless the declaration contains confirmation from the Registrar, as defined in the Ontario New Home Warranties Plan Act, that, (a)  the project, the units or proposed units of it and the common elements of it have been enrolled in the Plan, as defined in that Act, in accordance with the regulations made under that Act; (b)  the builder, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a builder in respect of that project under that Act; and (c)  the vendor, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a vendor in respect of that project under that Act. 2015, c. 28, Sched. 1, s. 7 (2); 2020, c. 14, Sched. 1, s. 17. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (2.1) of the Act is repealed and the following substituted: (See: 2017, c. 33, Sched. 2, s. 75 (5)) Same, residential condominium conversion project (2.1) A declaration and description that would create a corporation for a residential condominium conversion project shall not be registered unless the declaration contains confirmation from the registrar appointed under section 38 of the Protection for Owners and Purchasers of New Homes Act, 2017
that, (a)  the project, the units or proposed units of it, the common elements of it and the real property, if any, that is prescribed have been enrolled in the Plan, within the meaning of that Act, in accordance with the regulations made under that Act; (b)  the builder, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a builder in respect of the project under that Act; (c)  the vendor, within the meaning of the New Home Construction Licensing Act, 2017, is licensed as a vendor in respect of the project under that Act; and (d)  all other conditions, if any, that are prescribed have been satisfied. 2017, c. 33, Sched. 2, s. 75 (5). Effect of registration (3) Upon registration of a declaration and description, (a)  this Act governs the land and the interests appurtenant to the land, as the land and the interests are described in the description; (b)  the land described in the description is divided into units and common elements in accordance with the description; and (c)  a condominium corporation is created. 1998, c. 19, s. 2 (3). Section Amendments with date in force (d/m/y) 2015, c. 28, Sched. 1, s. 7 (1, 2) - 01/01/2018 2017, c. 33, Sched. 2, s. 75 (5) - not in force; 2017, c. 33, Sched. 2, s. 79 (5, 6) - no effect 2020, c. 14, Sched. 1, s. 17 - 01/02/2021