40 (1) In this section, “common elements”, “corporation”, “declarant”, “declaration”, “description”, “property” and “unit” have the same meaning as in the Condominium Act, 1998. (“parties communes”, “association”, “déclarant”, “déclaration”, “description”, “propriété”, “partie privative”). 2015, c. 28, Sched. 1, s. 150. Easements created by condominium declaration (2) An easement is created for all purposes to the same extent as if it had been created by a transfer if, (a)  the first registered description of the easement is that contained in a declaration and description; (b)  the easement is, (i)  an easement expressly intended to be an easement through the property and to benefit other land owned by the declarant, (ii)  an easement expressly intended to be an easement through land owned by the declarant, other than the property, and to benefit the property. (iii)  an easement expressly intended to be an easement through land that is not part of the property and that is owned by a person, other than the declarant, and to benefit the property, or (iv)  an easement expressly intended to be an easement through the property for the benefit of land that is not part of the property and that is not owned by the declarant; and (c)  the requirements with respect to the easement that are set out in the Condominium Act, 1998 and the regulations made under it have been complied with. 2015, c. 28, Sched. 1, s. 150. Same (3) In addition to subsection (2), an easement described in subclause (2) (b) (i) or (ii) that is created under that subsection is created as if the declarant had not been the owner of both the land having the benefit of the easement and the land subject to the burden of the easement. 2015, c. 28, Sched. 1, s. 150. Easement to benefit condominium property (4) If, in a transfer that is registered before the registration of a transfer of any unit made by the declarant, the declarant transfers an easement through land outside the property to the corporation to be part of the common elements, the easement does not merge by operation of law. 2015, c. 28, Sched. 1, s. 150. Easement affecting condominium common elements (5) If, in a transfer that is registered before the registration of a transfer of any unit made by the declarant, the common elements are made subject to an easement expressly intended to benefit other land owned by the declarant, the easement is created for all purposes as if the declarant had not been the owner of both the land having the benefit of the easement and the land subject to the burden of the easement. 2015, c. 28, Sched. 1, s. 150. Easement becomes part of condominium common elements (6) If, in an instrument, a corporation expresses an intention that an easement transferred to the corporation is to be part of the common elements and if any instrument in relation to the easement required by the Condominium Act, 1998 or a predecessor of that Act has been registered, the easement, upon registration of the instrument in which the intention is expressed, becomes part of the common elements. 2015, c. 28, Sched. 1, s. 150. Exception re Planning Act (7) Section 50 of the Planning Act does not apply to an easement to which subsection (2) or (3) applies if the description was approved or exempted under subsection 9 (3) of the Condominium Act, 1998 or a predecessor of that subsection. 2015, c. 28, Sched. 1, s. 150. Retroactive effect (8) Except to the extent that rights governed by this section have been determined by a court, this section has retroactive application. 2015, c. 28, Sched. 1, s. 150. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 5 (9-11) - 15/12/2009 2015, c. 28, Sched. 1, s. 150 - 03/12/2015 Procedure on First Registration