Declaration
 36. (1) This section applies to a declaration only if it is being registered to effect an amalgamation.  O. Reg. 48/01, s. 36 (1). (2) Subsection 7 (1) of the Act and clause 5 (1) (a) of this Regulation, do not apply to a declaration.  O. Reg. 48/01, s. 36 (2). (3) In addition to the requirements of subsection 5 (1), a declaration shall not be received for registration unless, (a) it is executed by the officers of each amalgamating corporation who are duly authorized to sign on behalf of the corporation; and (b) the property consists only of the property of each of the amalgamating corporations and there is no change in the boundaries of the units of each of the amalgamating corporations.  O. Reg. 48/01, s. 36 (3). (4) A declaration shall not be received for registration if the amalgamated corporation would be a phased condominium corporation.  O. Reg. 48/01, s. 36 (4). (5) Despite clause 5 (2) (b), the statement of the solicitor contained in Schedule A to the declaration and described in that clause shall not contain the statement described in subclause 5 (2) (b) (iii) but, if there are easements that will merge and no longer exist in law upon the registration of the declaration and description, the statement of the solicitor shall set out a legal description of the easements and the most recent registered instrument number in which they are fully described and shall contain a statement that the easements will merge and no longer exist in law upon the registration of the declaration and description.  O. Reg. 48/01, s. 36 (5). (6) Clause 7 (2) (b) of the Act does not apply to a declaration and despite clause 5 (1) (d), a declaration shall not contain a Schedule B.  O. Reg. 48/01, s. 36 (6). (7) In addition to the requirements of subsection 5 (4), Schedule C to the declaration shall contain, (a) a list indicating all units in the amalgamating corporations and what units they will become in the amalgamated corporation; and (b) a list indicating all units in the amalgamated corporation and what units they were in the amalgamating corporations.  O. Reg. 48/01, s. 36 (7). (8) In addition to the requirements of clause 5 (4) (c), the statement of an Ontario land surveyor contained in Schedule C to the declaration and described in that clause shall certify that the lists described in clauses (7) (a) and (b) are accurate and complete.  O. Reg. 48/01, s. 36 (8). (9) Subsection 5 (6) does not apply to a declaration.  O. Reg. 48/01, s. 36 (9). (10) Schedule E to the declaration shall contain a statement specifying the common expenses of the amalgamated corporation or may be left blank if the amalgamating corporations so elect.  O. Reg. 48/01, s. 36 (10). (11) Despite clause 5 (1) (d), a declaration shall not contain a Schedule G.  O. Reg. 48/01, s. 36 (11). (12) In addition to the requirements of subsection 7 (2) of the Act, a declaration shall include, (a) a statement by the persons authorized to bind each of the amalgamating corporations that their corporation has complied with section 120 of the Act and the regulations made under the Act; and (b) a statement by the persons authorized to bind each of the amalgamating corporations that is a phased condominium corporation, that all phases have been completed or more than 10 years have passed since the registration of the declaration and description that created the amalgamating corporation.  O. Reg. 48/01, s. 36 (12). (13) Clause 7 (1) (b) does not apply to a declaration.  O. Reg. 48/01, s. 36 (13).