jswizzle3737/ontario_laws_and_regs huggingface dataset:
Financial statements
 16. (1) A corporation shall have its financial statements prepared in the manner and in accordance with the accounting principles specified in the Handbook of the Canadian Institute of Chartered Accountants.  O. Reg. 48/01, s. 16 (1). (2) The auditor’s report mentioned in subsection 67 (1) of the Act shall be prepared in the manner and in accordance with the auditing standards specified in the Handbook of the Canadian Institute of Chartered Accountants.  O. Reg. 48/01, s. 16 (2). (3) In addition to the material specified in subsection 66 (2) of the Act, the financial statements shall also include, (a) a comparison between, (i) the amount of contributions to the reserve fund that the corporation has collected, and (ii) the amount that, according to the board’s plan for funding of the reserve fund under subsection 94 (8) of the Act, the corporation was required to collect as contributions to the reserve fund; and (b) a comparison between, (i) the amount of expenditures from the reserve fund that the corporation has made, and (ii) the amount of proposed expenditures that, according to the board’s plan for funding of the reserve fund under subsection 94 (8) of the Act, the corporation was to have made from the reserve fund.  O. Reg. 48/01, s. 16 (3). (4) If a director makes a disclosure of an interest in a contract or transaction under section 40 of the Act and the corporation has entered into the contract or transaction, whether before or after the disclosure, the financial statements shall also include a brief description of the nature of the contract or transaction, the amount of money involved in it and the nature and extent of the director’s interest in it.  O. Reg. 48/01, s. 16 (4). (5) If an officer makes a disclosure of an interest in a contract or transaction under section 41 of the Act and the corporation has entered into the contract or transaction, whether before or after the disclosure, the financial statements shall also include a brief description of the nature of the contract or transaction, the amount of money involved in it and the nature and extent of the officer’s interest in it.  O. Reg. 48/01, s. 16 (5). Forms
Forms
 16.1 (1) A form referred to in the Table to this section shall be, (a) in English or French; (b) and in a form that, (i) has the title set out in the Table, and (ii) is in the form specified by the condominium authority and approved by the Minister. O. Reg. 428/19, s. 14. (2) The condominium authority shall publish the forms listed in the Table to this section, (a) on its website and in any other way described in its administrative agreement; and (b) in any other format that the condominium authority considers advisable. O. Reg. 428/19, s. 14. Table Item   Column 1   Provision of this Part referring to this Table   Column 2   Title of form in English   Column 3   Title of form in French 

  1.   Subsection 11.1 (7)   Periodic Information Certificate   Certificat de renseignements périodique 

  2.   Subsection 11.2 (4)   Information Certificate Update   Mise à jour du certificat de renseignements 

  3.   Subsection 11.3 (6)   New Owner Information Certificate   Certificat de renseignements à l’intention du nouveau propriétaire 

  4.   Clause 11.5 (2) (a)   Notice of Online Posting of Information Certificate   Avis de publication en ligne d’un certificat de renseignements 

  5.   Subsection 11.11 (2)   Notice of Meeting of Owners under s. 34 (5) of the Condominium Act   Avis de convocation des propriétaires en vertu du paragraphe 34 (5) de la Loi de 1998 sur les condominiums 

  6.   Subsection 12.2 (4)   Preliminary Notice of Meeting of Owners   Préavis d’une assemblée des propriétaires 

  7.   Subsection 12.3 (7)   Notice Relating to Record of Owners   Avis relatif au registre des propriétaires 

  8.   Subsection 12.5 (4)   Notice Relating to Record of Mortgagees   Avis relatif au registre des créanciers 

  9.   Revoked: O. Reg. 191/23, s. 18. 

  10.   Subclause 12.8 (1) (a) (ii)   Submission to Include Material in the Notice of Meeting of Owners   Demande d’inclure du matériel dans l’avis de convocation des propriétaires 

  11.   Subsection 12.8 (2)   Notice of Meeting of Owners   Convocation des propriétaires 

  12.   Section 13   Proxy Form   Procuration 

  13.   Subsection 13.3 (3)   Request for Records   Demande de dossiers 

  14.   Subsection 13.3 (6)   Board’s Response to Request for Records   Réponse du conseil à la demande de dossiers 

  15.   Subsection 13.9 (3)   Waiver by Requestor of Records   Renonciation du demandeur de dossiers O. Reg. 428/19, s. 14; O. Reg. 191/23, s. 18. Part III.1   Sale and Lease of Units
PART III.1 SALE AND LEASE OF UNITS
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Sale of units
 19. (1) The prescribed rate of interest for the purpose of paragraph 1 of subsection 80 (4) of the Act shall be the rate of interest that the Bank of Canada has most recently reported as the chartered bank administered interest rate for a conventional one year mortgage as of the first of the month in which the purchaser assumes interim occupancy of a proposed unit or is required to do so under the agreement of purchase and sale.  O. Reg. 48/01, s. 19 (1). (2) In subsection (3), “bank rate” means the bank rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short-term advances to members of the Canadian Payments Association.  O. Reg. 48/01, s. 19 (2). (3) Subject to section 19.1, the prescribed rate of interest for the purposes of subsections 73 (3), 74 (9) and 82 (1), (5) and (7) of the Act shall be, (a) for the period from April 1 to September 30 of each year, 2 per cent per annum below the bank rate at the end of March 31 of that year; and (b) for the period from October 1 of each year to March 31 in the following year, 2 per cent per annum below the bank rate at the end of September 30 immediately before that October. O. Reg. 504/22, s. 1.
Exception, re subs. 82 (7) of the Act
 19.1 (1) This section applies with respect to an agreement of purchase and sale between a purchaser and a declarant for the purchase of a unit or a proposed unit in a corporation or in a phase if, (a) the declarant has not entered into an agreement of purchase and sale for the purchase of a unit or a proposed unit in the corporation or in the phase before the day section 1 of Ontario Regulation 504/22 made under the Act comes into force; and (b) the agreement was entered into on or after the day section 1 of Ontario Regulation 504/22 made under the Act comes into force. O. Reg. 504/22, s. 2. (2) In subsection (3), “policy interest rate” means the target for the overnight rate established by the Bank of Canada. O. Reg. 504/22, s. 2. (3) The prescribed rate of interest for the purpose of subsection 82 (7) of the Act shall be, (a) for the period from April 1 to September 30 of each year, the policy interest rate at the end of March 31 of that year; and (b) for the period from October 1 of each year to March 31 in the following year, the policy interest rate at the end of September 30 immediately before that October. O. Reg. 504/22, s. 2.
Trustees and security
 20. (1) The following classes are prescribed as trustees for the purpose of subsection 81 (1) of the Act: 1. Persons, other than the declarant’s solicitor, who are entitled to practise law in Ontario as solicitors. 2. A partnership, other than the declarant’s solicitor, of persons who are entitled to practise law in Ontario as solicitors. 3. Escrow agents for deposits with respect to a project who have entered into a deposit trust agreement with the declarant and either the warranty corporation or an insurer to govern money to be held in trust under section 81 of the Act with respect to the project.  O. Reg. 48/01, s. 20 (1). (2) The following classes are prescribed as security for the purpose of clause 81 (7) (b) of the Act: 1. Policies that insure against the loss of payments described in subsection 81 (1) of the Act and the interest payable by the declarant on the payments, that meet the requirements of section 21 and that are in effect. 2. Deposit receipts executed by the warranty corporation that provide for compensation to a beneficiary in accordance with section 22, that meet the requirements of that section and that are in effect.  O. Reg. 48/01, s. 20 (2).
Lease of units
 23. For the purpose of section 83 of the Act, “lease” includes a sublease or assignment of lease.  O. Reg. 48/01, s. 23. Part IV   operation General
PART IV OPERATION
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Notice of lien
 24. The notice that subsection 85 (4) of the Act requires the corporation to give to the owner for a lien mentioned in that subsection shall be in the form that the Minister responsible for the administration of that subsection specifies.  O. Reg. 48/01, s. 24; O. Reg. 442/11, s. 9.
Provisions deemed to be included in the declaration
 24.1 (1) Sections 24.2 to 24.7 are deemed to be included in the declaration of the corporation. O. Reg. 114/18, s. 8. (2) No board, including a board described in subsection 11 (8) of the Act, may approve a proposed amendment or repeal of anything that subsection (1) of this section deems to be included in the declaration of the corporation. O. Reg. 114/18, s. 8.
Definitions
 24.2 In this section and sections 24.3 to 24.7, “electric vehicle” means an electric vehicle as defined in Section 86 of the Electrical Safety Code adopted under Ontario Regulation 164/99 (Electrical Safety Code) made under the Electricity Act, 1998; (“véhicule électrique”) “electric vehicle charging system” means electric vehicle supply equipment as defined in Section 86 of the Electrical Safety Code adopted under Ontario Regulation 164/99 (Electrical Safety Code) and any other related equipment necessary to supply power to an electric vehicle. (“système de recharge des véhicules électriques”) O. Reg. 114/18, s. 8.
Exemption for installation of electric vehicle charging system made by owner
 24.4 (1) In this section and sections 24.5 and 24.6 and subsection 24.7 (4), “installation”, in relation to an electric vehicle charging system, means any addition, alteration or improvement to the common elements that is necessary to set up the system. O. Reg. 114/18, s. 8. (2) An owner in a corporation and the corporation are exempt from section 98 of the Act in relation to an electric vehicle charging system if all or any part of the system is situated on the property and if the installation of the system is made by the owner and is carried out in accordance with sections 24.5 and 24.6. O. Reg. 114/18, s. 8.
Agreement for installation
 24.6 (1) Subject to subsection (2), if the board responds as described in subsection 24.5 (13) or (14) or is deemed to have responded as described in subsection 24.5 (16), the corporation and the owner shall take all reasonable steps to enter into the agreement described in subsection (3) within 90 days or the other time period that the corporation and the owner agree to in writing. O. Reg. 114/18, s. 8. (2) The corporation and the owner are not required to comply with subsection (1) if the owner has withdrawn the application in writing before the time required for the parties to enter into the agreement described in subsection (3). O. Reg. 114/18, s. 8. (3) The agreement shall be in writing and its terms and conditions shall be reasonable and necessary to facilitate the installation, use and operation of the electric vehicle charging system and shall include terms and conditions that, (a) relate to the manner of the installation; (b) subject to subsection (4), allocate the cost of the installation of the system between the corporation and the owner; (c) set out the respective duties and responsibilities of the corporation and the owner with respect to the system, including the responsibilities for the cost of the use, operation, repair after damage, maintenance and insurance of the system and the cost of preparing the agreement and registering it under subsection (5); (d) specify who will have the ownership of the system or any part of it; and (e) relate to the cessation of the use and operation of the system or the termination of the agreement. O. Reg. 114/18, s. 8. (4) The owner shall be responsible for the following costs to carry out the installation, unless the owner and corporation agree otherwise in the agreement: 1. All costs to carry out the installation, if the owner or a person retained by the owner carries out the installation. 2. All reasonable costs necessary to carry out the installation, if the corporation or a person retained by the corporation carries out the installation. O. Reg. 114/18, s. 8. (5) The corporation shall, as soon as reasonably possible or within the other time period that the corporation and the owner agree to in writing, register the agreement against the title to the owner’s unit and the agreement does not take effect until the corporation has registered it. O. Reg. 114/18, s. 8. (6) The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with an agreement to the common expenses payable for the owner’s unit and may specify a time for payment by the owner. O. Reg. 114/18, s. 8. (7) An agreement binds the owner’s unit and is enforceable against the owner’s successors and assigns. O. Reg. 114/18, s. 8.
Mediation and arbitration
 24.7 (1) The corporation and the owners agree to submit a disagreement between the parties with respect to section 24.3 to 24.6 or subsection (4) of this section to mediation and arbitration. O. Reg. 114/18, s. 8. (2) Every agreement described in subsection 24.6 (3) is deemed to contain a provision to submit a disagreement between the parties with respect to the agreement to mediation and arbitration. O. Reg. 114/18, s. 8. (3) If an owner or a corporation submits a disagreement described in subsection (1) or (2) to mediation or arbitration, section 132 of the Act applies to it. O. Reg. 114/18, s. 8. (4) An application by an owner for the installation of an electric vehicle charging system under section 24.5 shall be deemed to be abandoned and it shall then have no force and effect if the owner or the corporation does not submit a disagreement described in subsection (1) in respect of the application to one or both of mediation and arbitration for resolution within six months of, (a) the board delivering to the owner the response described in subsection 24.5 (10) rejecting the owner’s application; or (b) the expiration of the time period described in subsection 24.6 (1), if the owner and the corporation have not entered into the agreement described in subsection 24.6 (3) before the expiration of that time period. O. Reg. 114/18, s. 8.
Changes to common elements
 25. (1) In addition to the matters specified in clause 98 (1) (b) of the Act, the agreement described in that clause shall specify who will have the ownership of the proposed addition, alteration or improvement to the common elements under subsection 98 (2) of the Act.  O. Reg. 48/01, s. 25 (1). (2) For the purpose of clause 98 (2) (e) of the Act, the board must be satisfied that the proposed addition, alteration or improvement to the common elements under subsection 98 (2) of the Act will not contravene the by-laws or rules of the corporation and will not have an adverse effect on the rest of the common elements.  O. Reg. 48/01, s. 25 (2).
Nuisance, annoyance or disruption
 26. For the purposes of clause 117 (2) (b) of the Act, each of the following is prescribed as a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation if it is unreasonable: 1. Odour. 2. Smoke. 3. Vapour. 4. Light. 5. Vibration. O. Reg. 654/21, s. 1. Reserve Fund Studies
Reserve Fund Studies
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Definition
 27. In sections 28 to 33, “component inventory” means an inventory, in a reserve fund study of a corporation, of each item of the common elements and assets of the corporation that requires, or is expected to require within at least 30 years of the date of the study, major repair or replacement where the cost of replacement is not less than $500.  O. Reg. 48/01, s. 27; O. Reg. 383/12, s. 3; O. Reg. 180/17, s. 27 (2).
Classes
 28. The following classes of reserve fund studies are established: 1. Comprehensive study. 2. Updated study based on a site inspection. 3. Updated study not based on a site inspection.  O. Reg. 48/01, s. 28.
Method of conducting studies
 30. (1) The person conducting a reserve fund study shall sign it.  O. Reg. 48/01, s. 30 (1). (2) A comprehensive study or an updated study based on a site inspection shall be based on, (a) a visual site inspection of the property, including a visual inspection of each item in the component inventory where practicable; (b) all other inspections of each item in the component inventory that the person conducting the study considers appropriate or necessary; (c) a verification of records of the corporation; and (d) interviews with those of the corporation’s directors, officers, employees and agents that the person conducting the study considers appropriate.  O. Reg. 48/01, s. 30 (2). (3) As part of preparing the assessment described in clause 29 (2) (b) in a comprehensive study or updating the assessment in an updated study based on a site inspection, the person conducting the study shall review, (a) all existing warranties, guarantees and service contracts for each item in the component inventory; (b) the as-built architectural, structural, engineering, mechanical, electrical and plumbing plans for the property that are in the custody or under the control of the corporation; (c) the as-built specifications for the buildings that are in the custody or under the control of the corporation; (d) the plans for underground site services, site grading, drainage and landscaping, and television, radio or other communications services for the property that are in the custody or under the control of the corporation; (e) the repair and maintenance records and schedules in the custody or under the control of the corporation; and (f) all other records of the corporation that the person conducting the study requires in order to prepare the assessment.  O. Reg. 48/01, s. 30 (3). (4) An updated study not based on a site inspection shall be based on a verification of records of the corporation and interviews with those of its directors, officers, employees and agents that the person conducting the study considers appropriate.  O. Reg. 48/01, s. 30 (4). (5) In addition to the material that a reserve fund study is required to contain, the study may contain all further information and analysis that the person conducting the study or the board considers appropriate or necessary.  O. Reg. 48/01, s. 30 (5).
Time for studies
 31. (1) A corporation created before the day section 94 of the Act comes into force shall conduct a comprehensive study within three years of that day except if, (a) on that day it has a comprehensive study that meets the requirements of this Regulation; and (b) it conducts an updated study based on a site inspection within three years of that day.  O. Reg. 48/01, s. 31 (1). (2) The reserve fund study that subsection 94 (4) of the Act requires a corporation created on or after the day section 94 of the Act comes into force to conduct within the year following the registration of the declaration and description shall be a comprehensive study.  O. Reg. 48/01, s. 31 (2). (3) A corporation shall conduct a reserve fund study within three years of completing the reserve fund study that it is required to conduct under subsection (1) or (2), as the case may be, and after that, within every three years after completing the immediately preceding reserve fund study.  O. Reg. 48/01, s. 31 (3). (4) A reserve fund study that a corporation is required to conduct under subsection (3) shall be, (a) a comprehensive study; (b) an updated study not based on a site inspection, if the immediately preceding reserve fund study for the corporation was a comprehensive study or an updated study based on a site inspection; or (c) an updated study based on a site inspection, if the immediately preceding reserve fund study for the corporation was an updated study not based on a site inspection.  O. Reg. 48/01, s. 31 (4).
PART V AMALGAMATION
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Place of registration
 35. (1) Section 4 does not apply to a declaration and description that are being registered to effect an amalgamation.  O. Reg. 48/01, s. 35 (1). (2) A declaration and description that are being registered to effect an amalgamation shall not be registered unless, (a) the property described in the description is situated entirely within the boundaries of one land titles division and the Land Titles Act applies to all the property; or (b) the property described in the description is situated entirely within the boundaries of one registry division and the Registry Act applies to all the property.  O. Reg. 48/01, s. 35 (2).
Description
 37. Clauses 8 (1) (b) and (e) of the Act do not apply to a description effecting an amalgamation.  O. Reg. 48/01, s. 37.
Reserve fund studies
 38. (1) Section 31 and subsections 33 (1) and (2) do not apply to an amalgamated corporation.  O. Reg. 48/01, s. 38 (1). (2) An amalgamated corporation shall conduct a comprehensive reserve fund study within three years of the date that any of the amalgamating corporations completes the latest reserve fund study that it is required to conduct before the amalgamation.  O. Reg. 48/01, s. 38 (2). (3) An amalgamated corporation shall conduct a reserve fund study within three years of completing the reserve fund study that it is required to conduct under subsection (2) and, after that, within every three years after completing the immediately preceding reserve fund study.  O. Reg. 48/01, s. 38 (3). (4) A reserve fund study that an amalgamated corporation is required to conduct under subsection (3) shall be, (a) a comprehensive study; (b) an updated study not based on a site inspection, if the immediately preceding reserve fund study for the corporation was a comprehensive study or an updated study based on a site inspection; or (c) an updated study based on a site inspection, if the immediately preceding reserve fund study for the corporation was an updated study not based on a site inspection.  O. Reg. 48/01, s. 38 (4). (5) Except in the case of a corporation to which subsection (6) applies, the prescribed period of time for the purpose of subsection 94 (8) of the Act shall be the fiscal year of the corporation following the fiscal year in which the reserve fund study is completed.  O. Reg. 48/01, s. 38 (5). (6) In the case of all reserve fund studies that an amalgamated corporation, of which all the amalgamating corporations were created before the day section 94 of the Act comes into force, is required to conduct within 10 years after the date of the earliest reserve fund study that any of the amalgamating corporations was required to conduct under subsection 31 (1), the prescribed period of time for the purpose of subsection 94 (8) of the Act shall be 10 years from the date of the earliest reserve fund study that any of the amalgamating corporations was required to conduct under subsection 31 (1).  O. Reg. 48/01, s. 38 (6); O. Reg. 383/12, s. 5. PART V.1   Termination
PART V.1 TERMINATION
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Termination
 38.1 Sections 122 and 123 of the Act do not apply to a corporation if the total of the proportions, expressed in percentages, of the common interests, as specified in the registered declaration, is not equal to 100 per cent. O. Reg. 180/17, s. 32. PART VI   COMMON ELEMENTS CONDOMINIUM CORPORATIONS
PART VI COMMON ELEMENTS CONDOMINIUM CORPORATIONS
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Place of registration
 39. In addition to the requirements of section 4, a declaration and description for a common elements condominium corporation shall not be registered unless, (a) if the Land Titles Act applies to the property described in the description, all the parcels of tied land are situated entirely within the boundaries of the land titles division within which the property is situated and the owner of the freehold estate in each of the parcels is the registered owner of the parcel with an absolute title under that Act; or (b) if the Registry Act applies to the property described in the description, all the parcels of tied land are situated entirely within the boundaries of the registry division within which the property is situated and the owner of the freehold estate in each of the parcels holds a certificate of title to the parcel issued under Part I of the Certification of Titles Act as it read immediately before the repeal of that Act within 10 years before the registration.  O. Reg. 48/01, s. 39; O. Reg. 442/11, s. 11.
Capacity to convey parcels under Planning Act
 39.1 In addition to the requirements of section 4, a declaration and description for a common elements condominium corporation shall not be registered unless, at the time of registration, each parcel of tied land would be capable of being individually conveyed, or otherwise dealt with, without contravening section 50 of the Planning Act.  O. Reg. 59/02, s. 1.
Construction complete
 41. For the purposes of subsections 40 (11) and 56 (7),  “has been completed and installed” means, with respect to each building and structure that the declaration and description show are included in the common elements, constructed at least to the following state: 1. The exterior building envelope, including roofing assembly, exterior wall cladding, doors and windows, caulking and sealants, is weather resistant if required by the construction documents and has been completed in general conformity with the construction documents. 2. Floor assemblies are constructed and completed to the final covering. 3. Walls and ceilings are completed to the drywall (including taping and sanding), plaster or other final covering. 4. All underground garages, if any, have walls and floor assemblies in place. 5. All elevating devices, if any, as defined in Ontario Regulation 209/01 (Elevating Devices) made under the
Technical Standards and Safety Act, 2000, are licensed under that Act if it requires a licence. 6. All installations with respect to the provision of water and sewage services, if any, are in place and operable. 7. All installations with respect to the provision of heat and ventilation, if any, are in place and heat and ventilation can be provided. 8. All installations with respect to the provision of air conditioning, if any, are in place and operable. 9. All installations with respect to the provision of electricity, if any, are in place and operable. 10. All indoor and outdoor swimming pools, if any, are completed and operable; (“a été achevé et mis en place”) “has been installed and provided” means, with respect to the facilities and services that the declaration and description show are included in the common elements, installed and provided in accordance with the requirements of the municipalities in which the land is situated or the requirements of the Minister of Municipal Affairs and Housing, if the land is not situated in a municipality. (“a été mis en place et fourni”)  O. Reg. 48/01, s. 41; O. Reg. 383/12, s. 6.
Parcels of tied land
 42. (1) A declarant is exempt from clause 139 (2) (b) of the Act.  O. Reg. 48/01, s. 42 (1). (2) Subsection 139 (3) of the Act does not apply to a common elements condominium corporation.  O. Reg. 48/01, s. 42 (2). (3) A parcel of tied land set out in Schedule D to the declaration may not be divided into two or more parcels of tied land unless an amendment is registered to the declaration that takes into account the division of the parcel of tied land.  O. Reg. 48/01, s. 42 (3).
Description
 43. (1) Subsection 9 (2) does not apply to a description for a common elements condominium corporation.  O. Reg. 48/01, s. 43 (1). (2) Despite clause 8 (1) (b) of the Act, a description for a common elements condominium corporation shall not contain the architectural plans described in that clause if, (a) it contains the structural plans described in that clause and, in accordance with subsection 40 (11), Schedule G to the declaration does not contain the certificate of an architect mentioned in that subsection; or (b) the declaration and description for the corporation show that there are no buildings, structures, facilities or services included in the common elements.  O. Reg. 48/01, s. 43 (2).
Service of notice to owners
 43.1 In the case of a common elements condominium corporation, references to a unit in clause 47 (4) (d) of the Act and in clause 11.11 (3) (c) and subsection 12.7 (4) of this Regulation shall be deemed to be references to the parcel of tied land to which the common interest of the owner attaches under clause 139 (2) (a) of the Act. O. Reg. 180/17, s. 33.
Provisions for owner-occupied units
 44. Subsections 28 (3), 46 (3) and 51 (5) to (8) of the Act do not apply to a common interest in a common elements condominium corporation.  O. Reg. 48/01, s. 44.
Security
 45. (1) Subsection 20 (2) and section 22 do not apply to a common elements condominium corporation.  O. Reg. 48/01, s. 45 (1). (2) The following class is prescribed as security for the purpose of clause 81 (7) (b) of the Act: policies that insure against the loss of payments described in subsection 81 (1) of the Act and the interest payable by the declarant on the payments, that meet the requirements of section 21 and that are in effect.  O. Reg. 48/01, s. 45 (2).
Insurance policies
 46. (1) Subsections 21 (2) and (8) do not apply to a common elements condominium corporation.  O. Reg. 48/01, s. 46 (1). (2) In the case of a common elements condominium corporation, the trustee or the declarant’s solicitor, as the case may be, shall hold the policy in trust for the beneficiary until the insurer is no longer liable under it in accordance with subsection (3).  O. Reg. 48/01, s. 46 (2). (3) In the case of a common elements condominium corporation, an insurer shall remain liable under a policy until, (a) the declarant delivers to the beneficiary a deed in registerable form to the common interest in the corporation, in respect of which the beneficiary or a person on the beneficiary’s behalf has made a payment described in subsection 81 (1) of the Act; (b) the declarant pays the beneficiary all money paid under subsection 81 (1) of the Act and interest on it payable by the declarant under the Act; (c) the insurer pays the beneficiary the amount of the loss; (d) the common interest, in respect of which the beneficiary or a person on the beneficiary’s behalf has made a payment described in subsection 81 (1) of the Act, has attached to the beneficiary’s parcel of tied land; (e) the beneficiary acknowledges in writing that, (i) the beneficiary is not entitled to the payments made by or on behalf of the beneficiary under subsection 81 (1) of the Act in respect of a proposed common interest in the corporation and the interest payable on the payments by the declarant, and (ii) the insurer is no longer liable under the policy; or (f) a court of competent jurisdiction has made a final determination that the beneficiary is not entitled to the payments made by or on behalf of the beneficiary under subsection 81 (1) of the Act in respect of a proposed common interest in the corporation and the interest payable on the payments by the declarant.  O. Reg. 48/01, s. 46 (3). PART VII   PHASED CONDOMINIUM CORPORATIONS
PART VII PHASED CONDOMINIUM CORPORATIONS
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Definition
 47. In this Part, “servient lands” means the land owned by the declarant that is not included in the property upon the registration of the declaration and description, or the most recent amendments to the declaration and description, but that will be included in the property after the declarant has created all phases that it is entitled to create in the corporation, including the buildings and structures on the land.  O. Reg. 48/01, s. 47.
Place of registration
 48. (1) Section 4 does not apply to a phased condominium corporation.  O. Reg. 48/01, s. 48 (1). (2) A declaration and description for a phased condominium corporation shall not be registered unless, (a) the property and the servient lands, as the property and those lands are described in Schedule A to the declaration, are situated entirely within the boundaries of one land titles division, the Land Titles Act applies to all the property and, if any, the servient lands and the declarant is the registered owner of the property and, if any, the servient lands, with an absolute title under that Act; or (b) the property and the servient lands, as the property and those lands are described in Schedule A to the declaration, are situated entirely within the boundaries of one registry division, the Registry Act applies to all the property and, if any, the servient lands and the declarant holds a certificate of title to the property and, if any, the servient lands, issued under Part I of the Certification of Titles Act as it read immediately before the repeal of that Act within 10 years before the registration.  O. Reg. 48/01, s. 48 (2); O. Reg. 442/11, s. 13.
Declaration
 49. (1) Despite clause 5 (1) (c), the first page of a declaration for a phased condominium corporation shall not contain the statement described in that clause.  O. Reg. 48/01, s. 49 (1). (2) In addition to the requirements of subsection 5 (1), a declaration for a phased condominium corporation shall not be received for registration unless the first page of the declaration contains a statement that the registration of the declaration and description will create a standard condominium corporation that is a phased condominium corporation.  O. Reg. 48/01, s. 49 (2). (3) In addition to the requirements of clause 5 (2) (b), the statement of a solicitor contained in Schedule A to the declaration for a phased condominium corporation and described in that clause shall set out a legal description of the lands that will be the servient lands and shall contain a statement that the legal description is a legal description of the servient lands.  O. Reg. 48/01, s. 49 (3). (4) In addition to the requirements of subsection 5 (3), Schedule B to the declaration for a phased condominium corporation shall contain the consent, in the form that the Director of Titles specifies, of every person having a registered mortgage against the servient lands.  O. Reg. 48/01, s. 49 (4); O. Reg. 442/11, s. 14.
Description
 50. Despite clause 145 (1) (d) of the Act, a description of a phased condominium corporation shall not contain the legal description of the lands that will be the servient lands.  O. Reg. 48/01, s. 50.
Restrictions on creating phases
 51. Amendments to a declaration and description creating a phase shall not be registered unless, (a) the corporation is a standard condominium corporation; (b) the declaration contains the statement described in subsection 49 (2); (c) Schedule A to the declaration contains the legal description of the lands that will be the servient lands; (d) the phase contains at least one unit; (e) the units and common elements included in the phase are not part of an existing building on the property; (f) 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; (g) 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; (h) the amendments are registered no later than 10 years after the registration of the declaration and description that created the corporation; and (i) the amendments comply with all other legal requirements.  O. Reg. 48/01, s. 51.
Amendment to description for phase
 53. (1) Despite clause 146 (5) (b) of the Act, an amendment to a description creating a phase shall not contain the legal description of the lands that will be the servient lands.  O. Reg. 48/01, s. 53 (1). (2) Subsections 9 (4) and (5) do not apply to an amendment to a description creating a phase.  O. Reg. 48/01, s. 53 (2). (3) In addition to all other material that it is required to contain, an amendment to a description creating a phase shall contain a description of all easements and similar interests to which the land included in the phase is subject.  O. Reg. 48/01, s. 53 (3). (4) The description of the easements and similar interests to which the land included in the phase is subject and the description of the interests appurtenant to the land required by clause 8 (1) (g) of the Act shall be combined and shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 53 (4); O. Reg. 442/11, s. 16.
Forms for amendments creating phase
 54. (1) Amendments to the declaration and description creating a phase shall be in English or French and shall be in the form that is entitled “Amendment to Declaration and Description to Create a Phase” in English or “Modification d’une déclaration et d’une description créant une étape” in French, as the case may be, and dated September 1, 2011, as it appears on the Government of Ontario website. O. Reg. 180/17, s. 34. (2) Subsection 10 (1) does not apply to an amendment to a description creating a phase.  O. Reg. 48/01, s. 54 (2). (3) The land registrar’s certificate of registration that clause 11 (1) (a) of Ontario Regulation 49/01 (Description and Registration) made under the Act requires to be on an amendment to a description creating a phase shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 54 (3); O. Reg. 442/11, s. 17 (2).
Disclosure statement
 55. In addition to the material specified in subsection 72 (3) of the Act, a disclosure statement mentioned in that subsection for a phased condominium corporation shall include a statement that no amendments to the declaration and description creating a phase may be registered after more than 10 years after the registration of the declaration and description that created the corporation.  O. Reg. 48/01, s. 55. PART VIII   VACANT LAND CONDOMINIUM CORPORATIONS
PART VIII VACANT LAND CONDOMINIUM CORPORATIONS
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Description
 57. (1) Subsections 9 (2), (3) and (5) do not apply to a description for a vacant land condominium corporation.  O. Reg. 48/01, s. 57 (1). (2) Despite clause 157 (1) (b) of the Act, a description for a vacant land condominium corporation shall not contain the architectural plans described in that clause if, (a) it contains the structural plans described in that clause and, in accordance with subsection 56 (7), Schedule G to the declaration does not contain the certificate of an architect mentioned in that subsection; or (b) the declaration and description for the corporation show that there are no buildings, structures, facilities or services included in the common elements.  O. Reg. 48/01, s. 57 (2). (3) Despite clause 157 (1) (c) of the Act, a description for a vacant land condominium corporation shall not contain the certificates described in that clause.  O. Reg. 48/01, s. 57 (3); O. Reg. 383/12, s. 7. (4) The description of the easements and similar interests to which the property is subject and the description of the interests appurtenant to the property required by clause 157 (1) (d) of the Act shall be combined and shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 57 (4); O. Reg. 442/11, s. 19.
Amendment to description
 58. (1) Despite subsection 157 (1) of the Act and clause 158 (3) (b) of the Act, an amendment described in that clause to the description for a vacant land condominium corporation shall be in the form that the Director of Titles specifies and shall not contain the material described in clauses 157 (1) (a), (c) and (d) of the Act.  O. Reg. 48/01, s. 58 (1); O. Reg. 442/11, s. 20. (2) A declarant is exempt from subsections 9 (2) and (3) of the Act when applying to register an amendment described in clause 158 (3) (b) of the Act to the description for a vacant land condominium corporation.  O. Reg. 48/01, s. 58 (2). (3) If Schedule G to the declaration for a vacant land condominium corporation is required to contain the certificates described in clause 56 (7) (a) or (b) and does not contain them, the amendment described in clause 158 (3) (b) of the Act to the description shall contain them.  O. Reg. 48/01, s. 58 (3). PART IX   LEASEHOLD CONDOMINIUM CORPORATIONS
PART IX LEASEHOLD CONDOMINIUM CORPORATIONS
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Restrictions on creation
 59. A declaration and description for a leasehold condominium corporation shall not be registered unless, (a) the term of the leasehold interests in the units in the corporation and their appurtenant common interests is the same as, or less than, the unexpired term of the leasehold interest affecting the property; (b) the owners of the leasehold interests in the units in the corporation are the owners, as tenants in common, of the leasehold estate in the property under a lease with the lessor; and (c) one of the following situations applies: 1. The property described in the description is situated entirely within the boundaries of one land titles division, the Land Titles Act applies to all the property, the lessor is the registered owner of the property with an absolute title under that Act and the declarant is the registered owner of a leasehold parcel of land that consists of or includes the property. 2. The property described in the description is situated entirely within the boundaries of one registry division, the Registry Act applies to all the property and the lessor holds a certificate of title to the property issued under Part I of the Certification of Titles Act as it read immediately before the repeal of that Act within 10 years before the registration.  O. Reg. 48/01, s. 59; O. Reg. 442/11, s. 21.
Declaration
 60. (1) In addition to the requirements of subsection 5 (1), a declaration for a leasehold condominium corporation shall not be received for registration unless, (a) it is executed by the lessor; (b) the first page of the declaration contains, (i) a statement that the registration of the declaration and description will create a leasehold condominium corporation, and (ii) a statement that the building and improvements to the property form part of the property; (c) it contains schedules known as Schedules L and M; and (d) it contains a statement that no person shall terminate the leasehold interest in the units and their appurtenant common interests except in accordance with the Act.  O. Reg. 48/01, s. 60 (1). (2) Despite clause 5 (1) (c), the first page of a declaration for a leasehold condominium corporation shall not contain the statement described in that clause.  O. Reg. 48/01, s. 60 (2). (3) Schedule L shall set out all provisions of the leasehold interests that affect the property, the corporation and the owners and that are binding on them, and shall include, (a) a statement that the provisions of the leasehold interests set out in the Schedule are binding on the property, the corporation and the owners; (b) a statement of the term of the leasehold interests of the owners; (c) a schedule setting out the amount of rent for the property payable by the corporation on behalf of the owners to the lessor and the times at which the rent is payable for at least the first five years immediately following the registration of the declaration and description; and (d) a formula to determine the amount of rent for the property payable by the corporation on behalf of the owners to the lessor and the times at which the rent is payable during the remainder of the term of the owners’ leasehold interests following the time for which the schedule described in clause (c) states the amount of rent payable.  O. Reg. 48/01, s. 60 (3). (4) Schedule M shall contain a statement signed by the solicitor registering the declaration that, in his or her opinion, based on the parcel register or abstract index and the plans and documents recorded in them, (a) the lessor is the registered owner of the freehold estate in the land and appurtenant interests; (b) the declarant is the registered owner of the leasehold estate in the land and appurtenant interests; and (c) the lease of the declarant in the land and appurtenant interests is a valid and subsisting lease for a term, for which the statement specifies the length.  O. Reg. 48/01, s. 60 (4).
Amendment to declaration
 61. The amendment that subsection 174 (8) of the Act requires a leasehold condominium corporation to register to the declaration shall be in the form that the Director of Titles specifies.  O. Reg. 48/01, s. 61; O. Reg. 442/11, s. 22.
Forms
 62. The following shall be in the form that the Minister responsible for the administration of section 174 of the Act specifies: 1. The notice that clause 174 (1) (a) of the Act requires the lessor to give a leasehold condominium corporation if the lessor intends to renew all the leasehold interests. 2. The notice that clause 174 (1) (b) of the Act requires the lessor to give a leasehold condominium corporation if the lessor intends to not renew all the leasehold interests. 3. The notice that subsection 174 (4) of the Act requires the corporation to send to the owners. 4. The notice that subsection 174 (6) of the Act requires the corporation to send to the lessor.  O. Reg. 442/11, s. 23. PART X   TRANSITIONAL
PART X TRANSITIONAL
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Termination of telecommunications agreement
 63. Subsections 22 (9.1) and (9.2) of the Act do not apply to a consent given to the termination of an agreement if the board has approved the termination by a resolution made under clause 22 (9) (b) of the Act before the day those subsections come into force. O. Reg. 180/17, s. 35.
Disclosure and sale of units
 64. If, on or before the day sections 44, 72 to 75 and 78 to 82 of the Act come into force, the declarant with respect to a corporation has entered into one or more agreements of purchase and sale for a unit or proposed unit in the corporation, (a) sections 12, 17 and 19 to 22 do not apply; and (b) sections 34 to 37 of Regulation 96 of the Revised Regulations of Ontario, 1990 (General) made under the Condominium Act, being chapter C.26 of the Revised Statutes of Ontario, 1990, as those sections existed immediately before the revocation of that Regulation, continue to apply.  O. Reg. 48/01, s. 64; O. Reg. 383/12, s. 8.
Notice of candidates for board
 65. Subsection 28 (2) of the Act, as re-enacted by subsection 26 (1) of Schedule 1 to the Protecting Condominium Owners Act, 2015, does not apply to a notice of meeting unless the meeting is held 40 days or more after the day that subsection 28 (2) comes into force and no notice of the meeting has been sent to the owners before that date. O. Reg. 180/17, s. 36. 66. Revoked: O. Reg. 191/23, s. 19.
Requisition for meeting of owners
 67. (1) Revoked: O. Reg. 191/23, s. 20. (2) In the case of a meeting of owners requisitioned under section 46 of the Act, the reference to 20 days in clause 47 (1) (c) of the Act shall be read as a reference to 15 days. O. Reg. 180/17, s. 38 (2). Note: On the day section 40 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force, section 67 of the Regulation is revoked. This amendment applies only if section 40 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force on or after November 1, 2017, the day section 42 of Schedule 1 to the Protecting Condominium Owners Act, 2015 comes into force. (See: O. Reg. 180/17, s. 38 (1, 3))
When by-law effective
 68. Clause 56 (10) (a) of the Act, as re-enacted by subsection 52 (13) of Schedule 1 to the Protecting Condominium Owners Act, 2015, does not apply to a vote in favour of confirming the by-law unless the vote is taken at a meeting held 40 days or more after the day that clause comes into force and no notice of the meeting has been sent to the owners before that date. O. Reg. 180/17, s. 39.
Rules
 69. (1) Clause 58 (6) (d) of the Act does not apply to a notice of a rule unless the notice is given to the owners on or after the day that clause comes into force. O. Reg. 180/17, s. 40. (2) Subsection 58 (7) of the Act, as re-enacted by subsection 54 (3) of Schedule 1 to the Protecting Condominium Owners Act, 2015, does not apply to a rule unless a notice of the rule is given to the owners on or after the day that subsection 58 (7) comes into force. O. Reg. 180/17, s. 40.