Amendment to declaration for phase
 52. (1) Except as provided in this section, sections 5 and 6 do not apply to an amendment to a declaration creating a phase.  O. Reg. 48/01, s. 52 (1). (2) An amendment to a declaration creating a phase shall not be received for registration unless, (a) it is executed by the declarant; (b) it meets the execution requirements for registration of a transfer/deed of land under the Land Titles Act or the Registry Act, as the case may be; (c) it contains a statement that at least 60 days have passed since the declarant delivered to the corporation the documents described in clauses 149 (1) (a), (b) and (c) of the Act; (d) it contains a statement setting out the date on which the board was elected at a meeting of owners and stating that, (i) the meeting was held at a time when the declarant did not own the majority of the units, (ii) more than 60 days have passed since the registration of the declaration and description that created the corporation or the registration of the latest amendments to the declaration and description creating a phase, whichever is the later, and (iii) there is no outstanding application to the Superior Court of Justice for an injunction under subsection 149 (2) of the Act and the Superior Court has not issued an injunction to prevent the registration of the amendments creating the phase; (e) it replaces Schedule A to the declaration with Schedule A described in subsection (3); (f) it amends Schedule B to the declaration to include the consent, in the form that the Director of Titles specifies, 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; (g) it amends Schedule C to the declaration to include, with respect to the land included in the phase, the material that subsection 5 (4) requires; (h) it replaces Schedule D to the declaration with Schedule D described in subsection (4); (i) it amends Schedule F to the declaration to include, (i) 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, or (ii) a statement that there are no parts described in subclause (i), if that is the case; (j) it amends Schedule G to the declaration to include the material described in subsection (5); and (k) it contains a schedule known as Schedule K.  O. Reg. 48/01, s. 52 (2); O. Reg. 442/11, s. 15. (3) Schedule A to the amendment to the declaration shall contain, (a) the description of the property that was included in Schedule A to the declaration, as originally registered, except for the easements that will merge and no longer exist in law upon the registration of the amendment to the declaration and that are described in the Schedule as required by subclause (e) (i), and the description shall be identified as “FIRSTLY” or “PREMIÈREMENT”; (b) the descriptions, in order of their registration, of all phases that have already been created, as described in amendments to Schedule A to the declaration, except for the easements that will merge and no longer exist in law upon the registration of the amendment to the declaration and that are described in the Schedule as required by subclause (e) (i), and the descriptions shall be identified consecutively starting with “SECONDLY” or “DEUXIÈMEMENT”; (c) a legal description, identified with the next consecutive ordinal number, of the land included in the phase and interests appurtenant to the land intended to be governed by the Act, including a description of every easement, as shown on the amendment to the description that, upon the registration of the amendments to the declaration and description, will be appurtenant to the phase or to which the phase will be subject; (d) a statement signed by the solicitor registering the amendment to the declaration that sets out a legal description of the lands that will be the servient lands, if any, and that states that, in his or her opinion, based on the parcel register or abstract index and the plans and documents recorded in them, (i) the legal description mentioned in clause (c) is correct, (ii) the easements mentioned in clause (c) will exist in law upon the registration of the amendment to the declaration and description creating the phase, (iii) the legal description of the lands that will be the servient lands is set out in the solicitor’s statement, and (iv) the declarant is the registered owner of the land included in the phase and interests appurtenant to the land; and (e) if there are easements that will merge and no longer exist in law upon the registration of the amendment to the declaration, a statement signed by the solicitor registering the amendment to the declaration that, (i) sets out a legal description of the easements and the most recent registered instrument number in which they are fully described, and (ii) states that, in his or her opinion, based on the parcel register or abstract index and the plans and documents recorded in them, the easements will merge and no longer exist in law upon the registration of the amendment to the declaration.  O. Reg. 48/01, s. 52 (3). (4) Schedule D to the amendment to the declaration shall contain, (a) a statement of the proportions, expressed in percentages totalling 100 per cent, of the common interests appurtenant to the units in the corporation after the creation of the phase; and (b) a statement of the proportions, expressed in percentages totalling 100 per cent, allocated to the units in the corporation, in which the owners after the creation of the phase are to contribute to the common expenses.  O. Reg. 48/01, s. 52 (4). (5) The material to be added to Schedule G to the declaration is, (a) the certificates, with respect to the land included in the phase, that subsections 5 (8) and (9) and section 6 require; and (b) a statement from any of the municipalities in which the land included in the phase is situated, or from the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, that, (i) all facilities and services have been installed or provided as the person making the statement determines are necessary to ensure the independent operation of the corporation if no subsequent phases are created, or (ii) a bond or other security has been posted that is sufficient to ensure the independent operation of the corporation if no subsequent phases are created.  O. Reg. 48/01, s. 52 (5). (6) The statement described in clause (5) (b) shall be signed by a person authorized to bind the municipality or the Minister making the statement.  O. Reg. 48/01, s. 52 (6). (7) For the purposes of clause 146 (11) (a) of the Act, the facilities and services covered by the bond or the security mentioned in that clause have been installed or provided when there are no facilities and services remaining to be installed or provided that the person making the statement described in clause (5) (b) determines are necessary to ensure the independent operation of the corporation if no subsequent phases are created.  O. Reg. 48/01, s. 52 (7). (8) Schedule K to the amendment to the declaration shall contain, (a) a statement of all conditions that the approval authority, in approving or exempting under section 9 of the Act the amendment to the description creating the phase, requires the amendment to the declaration to mention; or (b) a statement that there are no conditions described in clause (a), if that is the case.  O. Reg. 48/01, s. 52 (8). (9) An amendment to a declaration creating a phase may also contain, (a) an amendment to Schedule E to the declaration specifying the common expenses of the corporation, whether or not the Schedule has been previously left blank; or (b) any other amendments to the declaration that are a result solely of creating the phase.  O. Reg. 48/01, s. 52 (9).