Contents
 5. (1) A declaration 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) the first page of the declaration contains a statement that the registration of the declaration and description will create a standard condominium corporation; (d) it contains schedules known as Schedules A, B, C, D, E, F and G; (e) the land registrar has received the description for the property and it is capable of being registered; and (f) the declaration complies with this Regulation and all other legal requirements.  O. Reg. 48/01, s. 5 (1). (2) Schedule A shall include, (a) a description of the land and interests appurtenant to the land intended to be governed by the Act, including a description of every easement, as shown on the description that, upon the registration of the declaration and description, will be appurtenant to the land or to which the land will be subject; and (b) 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, (i) the legal description is correct, (ii) the easements mentioned in clause (a) will exist in law upon the registration of the declaration and description, and (iii) the declarant is the registered owner of the land and appurtenant interests.  O. Reg. 48/01, s. 5 (2). (3) Schedule B shall contain the consent under clause 7 (2) (b) of the Act, in the form that the Director of Titles specifies, of every person having a registered mortgage against the land or interests appurtenant to the land, as the land and the interests are described in the description.  O. Reg. 48/01, s. 5 (3); O. Reg. 442/11, s. 2 (1). (4) Schedule C shall, (a) specify the boundaries of each unit by reference to the buildings or monuments mentioned in subsections 6 (4), (5) and (6) of Ontario Regulation 49/01 (Description and Registration) made under the Act; (b) fully describe the monuments mentioned in subsections 6 (4), (5) and (6) of Ontario Regulation 49/01 (Description and Registration) made under the Act and the relationship of the boundaries of the units to them; (c) contain a statement signed by an Ontario land surveyor licensed under the Surveyors Act
certifying that the written description of the monuments and boundaries of the units accurately corresponds with the diagrams of the units described in clause 8 (1) (d) of the Act and shown on the plans of survey of the description prepared in accordance with Ontario Regulation 49/01 (Description and Registration) made under the Act.  O. Reg. 48/01, s. 5 (4). (5) Schedule D shall contain, (a) a statement of the proportions, expressed in percentages totalling 100 per cent, of the common interests appurtenant to the units; and (b) a statement of the proportions, expressed in percentages totalling 100 per cent, allocated to the units, in which the owners are to contribute to the common expenses.  O. Reg. 48/01, s. 5 (5). (6) Schedule E shall contain a statement specifying the common expenses of the corporation or may be left blank if the declarant so elects.  O. Reg. 48/01, s. 5 (6). (7) Schedule F shall contain a specification of all parts of the common elements that are to be used by the owners of one or more designated units and not by all the owners or shall indicate that there are no such parts if that is the case.  O. Reg. 48/01, s. 5 (7). (8) Schedule G shall contain, (a) a certificate, in the form that the Director of Titles specifies, of an architect certifying that all buildings on the property have been constructed in accordance with the regulations made under the Act, with respect to all or some matters listed in the paragraphs of the definition of “has been constructed” in subsection 6 (1); or (b) one or more certificates of an engineer, in the form that the Director of Titles specifies, certifying that all buildings on the property have been constructed in accordance with the regulations made under the Act, with respect to all or some matters listed in the paragraphs of the definition of “has been constructed” in subsection 6 (1).  O. Reg. 48/01, s. 5 (8); O. Reg. 442/11, s. 2 (2, 3). (9) Every matter listed in the paragraphs of the definition of “has been constructed” in subsection 6 (1) shall be certified to in the certificates described in subsection (8) that are contained in Schedule G.  O. Reg. 48/01, s. 5 (9); O. Reg. 442/11, s. 2 (4). (10) A declaration may contain schedules in addition to the schedules that it is required to contain under this Regulation.  O. Reg. 48/01, s. 5 (10).