Declaration
 40. (1) In addition to the requirements of subsection 5 (1), a declaration for a common elements condominium corporation shall not be received for registration unless, (a) the first page of the declaration contains, (i) a statement that the registration of the declaration and description will create a common elements condominium corporation, and (ii) a statement that a parcel of tied land may not be divided into two or more parcels unless an amendment is registered to the declaration that takes into account the division of the parcel of tied land; and (b) it contains schedules known as Schedules H, I and J.  O. Reg. 48/01, s. 40 (1). (2) Despite clause 5 (1) (c), the first page of a declaration for a common elements condominium corporation shall not contain the statement described in that clause.  O. Reg. 48/01, s. 40 (2). (3) In addition to the requirements of subsection 5 (3), Schedule B to the declaration for a common elements condominium corporation shall contain a consent in the form that the Director of Titles specifies of every person having a registered mortgage against a parcel of tied land.  O. Reg. 48/01, s. 40 (3); O. Reg. 442/11, s. 12 (1). (4) Despite clause 5 (1) (d), a declaration for a common elements condominium corporation shall not contain a Schedule C.  O. Reg. 48/01, s. 40 (4). (5) Subsection 5 (5) does not apply to a declaration for a common elements condominium corporation.  O. Reg. 48/01, s. 40 (5). (6) Schedule D to the declaration for a common elements condominium corporation shall contain, (a) a statement that the common elements are intended for the use and enjoyment of the owners for the purpose of clause 140 (a) of the Act; (b) a legal description of the parcels of tied land for the purpose of clause 140 (b) of the Act; (c) a statement of the proportions, expressed in percentages totalling 100 per cent, of the common interest that will attach to each parcel of tied land; and (d) a statement of the proportions, expressed in percentages totalling 100 per cent, allocated to the parcels of tied land, in which the owners are to contribute to the common expenses.  O. Reg. 48/01, s. 40 (6). (7) Subsection 5 (7) does not apply to a declaration for a common elements condominium corporation.  O. Reg. 48/01, s. 40 (7). (8) Schedule F to the declaration for a common elements condominium corporation shall contain a specification of all parts of the common elements that are to be used by the owners of one or more designated common interests 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. 40 (8). (9) Despite clause 5 (1) (d), a declaration for a common elements condominium corporation shall not contain a Schedule G if the declaration and description show that there are no buildings, structures, facilities or services included in the common elements.  O. Reg. 48/01, s. 40 (9). (10) Subsections 5 (8) and (9) and section 6 do not apply to a declaration for a common elements condominium corporation.  O. Reg. 48/01, s. 40 (10). (11) Schedule G to the declaration for a common elements condominium corporation shall contain, (a) a certificate, in the form that the Director of Titles specifies, of an architect certifying that, (i) all buildings and structures that the declaration and description show are included in the common elements have been completed and installed 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 completed and installed” in section 41, and (ii) some or all of the facilities and services that the declaration and description show are included in the common elements have been installed and provided in accordance with the definition of “has been installed and provided” in section 41; or (b) one or more certificates of an engineer, in the form that the Director of Titles specifies, certifying that, (i) all buildings and structures that the declaration and description show are included in the common elements have been completed and installed in accordance with the regulations made under the Act, with respect to some matters listed in the paragraphs of the definition of “has been completed and installed” in section 41, and (ii) some or all of the facilities and services that the declaration and description show are included in the common elements have been installed and provided in accordance with the definition of “has been installed and provided” in section 41.  O. Reg. 48/01, s. 40 (11); O. Reg. 442/11, s. 12 (2). (12) In a declaration for a common elements condominium corporation, (a) every matter listed in the paragraphs of the definition of “has been completed and installed” in section 41 shall be certified to in the certificates described in subsection (11) that are contained in Schedule G; and (b) the certificates described in subsection (11) that are contained in Schedule G shall certify that all facilities and services that the declaration and description show are included in the common elements have been installed and provided in accordance with the definition of “has been installed and provided” in section 41.  O. Reg. 48/01, s. 40 (12); O. Reg. 442/11, s. 12 (3). (13) If the declaration and description for a common elements condominium corporation show that there are no buildings or structures included in the common elements, the certificates described in subsection (11) that are contained in the declaration shall not contain the certification described in subclauses (11) (a) (i) and (b) (i) and clause (12) (a) does not apply to the declaration.  O. Reg. 48/01, s. 40 (13); O. Reg. 442/11, s. 12 (4). (14) If the declaration and description for a common elements condominium corporation show that there are no facilities or services included in the common elements, the certificates described in subsection (11) that are contained in the declaration shall not contain the certification described in subclauses (11) (a) (ii) and (b) (ii) and clause (12) (b) does not apply to the declaration.  O. Reg. 48/01, s. 40 (14); O. Reg. 442/11, s. 12 (4). (15) Schedule H shall contain, (a) a list, in individual items numbered consecutively beginning with the number “1”, of all buildings, structures, facilities and services that are included in the common elements; and (b) a brief description of each item sufficient to identify it.  O. Reg. 48/01, s. 40 (15). (16) The list shall show each of the items identified under one of the following headings as appropriate: 1. Buildings and structures. 2. Facilities and services.  O. Reg. 48/01, s. 40 (16). (17) Schedule I shall be the certificate that is described in clause 139 (1) (b) of the Act, that is in the form required by subsection 43 (1) of Ontario Regulation 49/01 (Description and Registration) made under the Act and that is signed by each of the owners of a common interest in the corporation.  O. Reg. 48/01, s. 40 (17). (18) Schedule J shall be the notice that is described in clause 139 (2) (b) of the Act and that is in the form required by subsection 43 (2) of Ontario Regulation 49/01 (Description and Registration) made under the Act.  O. Reg. 48/01, s. 40 (18).