jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I DESCRIPTION
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Definitions
 1. In this Part, “amalgamation” means an amalgamation under Part VII of the Act and “amalgamate” has a corresponding meaning; (“fusion”, “fusionner”) “architectural plans” means the architectural plans mentioned in, (a)  clause 8 (1) (b) of the Act, in the case of a corporation that is not a vacant land condominium corporation, or (b)  clause 157 (1) (b) of the Act, in the case of a vacant land condominium corporation; (“plans d’architecture”) “cut cross”, “iron bar”, “rock bar”, “rock post”, “short standard iron bar” and “standard iron bar” have the same meaning as in subsection 1 (1) of Ontario Regulation 525/91 (Monuments) made under the Surveyors Act; (“croix gravée”, “repère à médaillon court”, “repère court de fer”, “repère de fer”, “repère de fer court réglementaire”, “repère de fer réglementaire”) “examiner” means the examiner of surveys appointed under the Land Titles Act; (“inspecteur”) “exclusive use portion” means a part of the common elements that is to be used by, (a)  the owners of one or more designated units, but not all the owners, in the case of a corporation that is not a common elements condominium corporation, or (b)  the owners of one or more common interests in the corporation, but not all the owners, in the case of common elements condominium corporation; (“portion à usage exclusif”) “exclusive use portions survey” means the part of the plans of survey that shows the exclusive use portions; (“arpentage des portions à usage exclusif”) “land registrar” means the land registrar in whose registry or land titles division, as the case may be, the property is situated; (“registrateur”) “perimeter plan of survey” means the plan of survey described in, (a)  clause 8 (1) (a) of the Act, in the case of a corporation that is not a vacant land condominium corporation, or (b)  clause 157 (1) (a) of the Act, in the case of a vacant land condominium corporation; “plan d’arpentage de périmètre”) “phase” means the additional units and common elements in a phased condominium corporation that are created in accordance with Part XI of the Act upon the registration of an amendment to both the declaration and description; (“étape”) “plans of survey” means the description except for the architectural plans and the structural plans; (“plans d’arpentage”) “registered” means registered under the Registry Act or the Land Titles Act; (“enregistré”) “structural plans” means the structural plans mentioned in, (a)  clause 8 (1) (b) of the Act, in the case of a corporation that is not a vacant land condominium corporation, or (b)  clause 157 (1) (b) of the Act, in the case of a vacant land condominium corporation; (“plans de construction”) “surveyor” means an Ontario land surveyor licensed under the Surveyors Act. (“arpenteur-géomètre”) O. Reg. 49/01, s. 1.
Contents of description
 2. (1) A description, other than an amendment to a description, shall consist of, (a)  Part I consisting of the perimeter plan of survey and, except in the case of a vacant land condominium corporation, the separate sheets of the plans of survey that designate the units, if any; (b)  Part II consisting of the exclusive use portions survey, if the property includes exclusive use portions; (c)  Part III consisting of the architectural plans, if any; (d)  Part IV consisting of the structural plans, if any; and (e)  as many other parts as the surveyor preparing the plans of survey considers appropriate.  O. Reg. 49/01, s. 2 (1). (2) The first sheet in the description, other than an amendment to the description, shall be the perimeter plan of survey and shall include an index that shows, for each part of the description, (a)  the number of the part; (b)  the number of sheets in the part or, if the part does not contain any sheets, the indication “NIL” or “RIEN”; and (c)  a brief explanation of the contents of the part.  O. Reg. 49/01, s. 2 (2). (3) The sheets in each part of the description, other than an amendment to the description, shall be numbered consecutively beginning with the number “1”.  O. Reg. 49/01, s. 2 (3). (4) Each sheet in the description, other than an amendment to the description, shall indicate, (a)  the number of the sheet and the total number of sheets in the part in which it is located; (b)  the part in which it is located; and (c)  if the sheet is in the plans of survey, the total number of parts in the description.  O. Reg. 49/01, s. 2 (4). (5) If the sheet shows the certificate of registration signed by the land registrar and described in clause 11 (1) (a), the information described in clauses (4) (a), (b) and (c) shall be in a location adjacent to the certificate.  O. Reg. 49/01, s. 2 (5). (6) In the case of a phased condominium corporation and sheets of the plans of survey, each item of information described in clauses (4) (a), (b) and (c) shall be placed in a row in a table under a column labelled “Sheet/Part” or “Feuille/partie” and the corresponding date for each item shall be set out opposite it in an adjacent column labelled “Date”. O. Reg. 333/17, s. 1. (7) The table shall contain the number of blank rows following the entry described in subsection (6) that corresponds to the number of phases that the declarant is entitled to create in the corporation.  O. Reg. 49/01, s. 2 (7). Plans of Survey
Plans of Survey
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General requirements
 3. Plans of survey shall be prepared from a current survey as described in subsection 1 (2) of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act and shall be in accordance with this Regulation.  O. Reg. 49/01, s. 3.
Perimeter plan of survey
 4. (1) If a description is being registered to effect an amalgamation and the properties of the amalgamating corporations are not contiguous, each sheet of the perimeter plan of survey in the description shall include a key plan illustrating the locations of the properties of the amalgamating corporations in relation to one another.  O. Reg. 49/01, s. 4 (1). (2) In addition to the requirements of clause 8 (1) (a) of the Act, the perimeter plan of survey in the case of a common elements condominium corporation shall show the perimeter of the structures on the common elements.  O. Reg. 49/01, s. 4 (2).
Diagrams and boundaries of units
 5. (1) Subsections (2) to (6) do not apply to a vacant land condominium corporation.  O. Reg. 49/01, s. 5 (1). (2) The diagrams of the units as described in clause 8 (1) (d) of the Act shall be shown on, (a)  the perimeter plan of survey, except in the case of a phased condominium corporation; (b)  the separate sheets of the plans of survey that designate the units; or (c)  the perimeter plan of survey, except in the case of a phased condominium corporation, and the separate sheets of the plans of survey that designate the units.  O. Reg. 49/01, s. 5 (2). (3) The sheets of the plans of survey that designate the units shall refer to Schedule C to the declaration.  O. Reg. 49/01, s. 5 (3). (4) The specification of the boundaries of each unit as described in clause 8 (1) (c) of the Act shall be shown on plan views and cross sections but no plan view or cross section is required for more than one unit with identical boundaries to other units.  O. Reg. 49/01, s. 5 (4). (5) The plan views and cross sections shall be shown on the sheets of the plans of survey that designate the units or, if it is impractical to do so, on a separate sheet of the plans of survey.  O. Reg. 49/01, s. 5 (5). (6) If the plan views and cross sections are shown on a separate sheet of the plans of survey, the sheets of the plans of survey that designate the units shall include a cross-reference to the separate sheet.  O. Reg. 49/01, s. 5 (6). (7) Except with respect to units in a vacant land condominium corporation, section or perspective drawings, sufficiently accurate to portray the vertical relationship of all levels, shall be drawn on each sheet of the plans of survey that designates the units or that shows the exclusive use portions.  O. Reg. 49/01, s. 5 (7).
Designation of levels
 7. (1) In the plans of survey, the levels of the property on or above ground level shall be numbered consecutively, in ascending order, beginning with the number “1” and the levels of the property below ground level shall be lettered consecutively, in descending order and in alphabetic sequence, beginning with the letter “A”.  O. Reg. 49/01, s. 7 (1). (2) The plan of survey of each level of the property shall be on a separate sheet of the plans of survey that is designated by the word “Level” or “Niveau” followed by the number or letter of the level, except that the same sheet may include the plan of survey of two or more levels if it is possible to do so while complying with the requirements for registration of the description.  O. Reg. 49/01, s. 7 (2).
Designation of units
 8. (1) In the plans of survey, every unit of the property shall be designated by the word “UNIT” or the words “PARTIE PRIVATIVE” followed by a number.  O. Reg. 49/01, s. 8 (1). (2) The units shall be numbered consecutively beginning with the number “1” on each level but there shall not be more than one unit designated on each level by the same number.  O. Reg. 49/01, s. 8 (2). (3) The exclusive use portions shall be designated by numbers or letters or by numbers and letters.  O. Reg. 49/01, s. 8 (3). (4) Subsection (3) does not apply to exclusive use portions, to which the sole access is directly from the units whose owners are entitled to use the portions, if they are clearly shown by light lines of uniform width, which may be broken, on the plans of survey.  O. Reg. 49/01, s. 8 (4). (5) Subject to subsection (4), the limits of units, common elements and exclusive use portions shall be shown on the plans of survey by solid lines that are significantly heavier than the lines described in section 21 of Ontario Regulation 216/10 (Performance Standards for the Practice of Professional Land Surveying) made under the Surveyors Act. O. Reg. 333/17, s. 2.
Application of O. Reg. 216/10
 9. (1) Sections 8 to 13, clauses 18 (1) (a) to (f), subsection 18 (2) and sections 20 to 30 of Ontario Regulation 216/10 (Performance Standards for the Practice of Professional Land Surveying) made under the Surveyors Act do not apply to the diagrams of the units as described in clause 8 (1) (d) of the Act or to the exclusive use portions survey. O. Reg. 333/17, s. 3. (2) Despite subsection (1), clauses 18 (1) (b) and (c), subsection 18 (2) and sections 20 and 24 of Ontario Regulation 216/10 (Performance Standards for the Practice of Professional Land  Surveying) made under the Surveyors Act
apply to the diagrams of the units as described in clause 8 (1) (d) of the Act or to the exclusive use portions survey if the boundaries of the units or exclusive use portions, as the case may be, are located six metres or more from a building situated on the property. O. Reg. 333/17, s. 3.
Appurtenant and subject interests
 10. (1) All interests that are appurtenant to the property, or that will be upon the registration of the declaration and description, shall be shown on the perimeter plan of survey in light, broken or unbroken, lines of uniform width and shall be labelled unless they are, (a)  described as a subdivision unit as defined in subsection 1 (1) of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act; or (b)  described in an instrument registered with the approval of the examiner of surveys.  O. Reg. 49/01, s. 10 (1). (2) All easements and similar interests to which the property is subject, or will be upon the registration of the declaration and description, shall be shown on the perimeter plan of survey in light, broken or unbroken, lines of uniform width and shall be labelled.  O. Reg. 49/01, s. 10 (2). (3) Easements that will merge in law upon the registration of the declaration and description, as set out in the solicitor’s statement in Schedule A to the declaration, do not have to be shown on the perimeter plan of survey.  O. Reg. 49/01, s. 10 (3).
Architectural and Structural Plans
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Interpretation
 12. In sections 13 and 14, drawings are current to a certain date if they incorporate or include change orders, change directives, supplemental instructions and all other changes of which the person who prepared the drawings knows as of that certain date.  O. Reg. 49/01, s. 12.
Architectural plans
 13. (1) In the case of a corporation that is not a common elements condominium corporation or a vacant land condominium corporation, the architectural plans shall be, (a)  copies of the architectural drawings of the buildings on the property prepared by a person who holds a certificate of practice as defined in the Architects Act that are current to the date of registration; or (b)  drawings that, as of the date of registration, contain sufficient information to enable the buildings to be constructed and that show all changes made to the date of registration, if copies of the architectural drawings described in clause (a) are unavailable or inadequate for the purposes of construction or if the building code made under the Building Code Act, 1992 or its successor does not require those drawings for the buildings.  O. Reg. 49/01, s. 13 (1). (2) In the case of a common elements condominium corporation or a vacant land condominium corporation, the architectural plans shall be, (a)  copies of the architectural drawings of the buildings and structures included in the common elements prepared by a person who holds a certificate of practice as defined in the Architects Act that are current to the date of registration; or (b)  drawings that, as of the date of registration, contain sufficient information to enable the buildings and the structures included in the common elements to be constructed and that show all changes made to the date of registration, if copies of the architectural drawings described in clause (a) are unavailable or inadequate for the purposes of construction or if the building code made under the Building Code Act, 1992 or its successor does not require those drawings for the buildings and structures.  O. Reg. 49/01, s. 13 (2). (3) Each sheet of the architectural plans shall show the identification of the condominium plan in accordance with subsection 27 (2) except for the number assigned as part of the name of the corporation under subsection 27 (3).  O. Reg. 49/01, s. 13 (3).
Structural plans
 14. (1) In the case of a corporation that is not a common elements condominium corporation or a vacant land condominium corporation, the structural plans shall be copies of the structural engineering drawings of the buildings on the property prepared by a person who holds a certificate of authorization as defined in the
Professional Engineers Act that are current to the date of registration.  O. Reg. 49/01, s. 14 (1). (2) In the case of a common elements condominium corporation or a vacant land condominium corporation, the structural plans shall be copies of the structural engineering drawings of the buildings and structures included in the common elements prepared by a person who holds a certificate of authorization as defined in the Professional Engineers Act that are current to the date of registration.  O. Reg. 49/01, s. 14 (2). (3) Each sheet of the structural plans shall show the identification of the condominium plan in accordance with subsection 27 (2) except for the number assigned as part of the name of the corporation under subsection 27 (3).  O. Reg. 49/01, s. 14 (3).
Copies
 15. The architectural and structural plans shall not include any notes, words or symbols that indicate that the right to make or distribute copies is in any way restricted.  O. Reg. 49/01, s. 15. Procedure for Registering the Description
Procedure for Registering the Description
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Submission to the examiner
 16. (1) In addition to the requirements of subsection 6 (6) of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act, if the description is submitted to the examiner for approval, a copy of the proposed declaration shall be submitted and the examiner may require one set of paper prints of the architectural plans and one set of paper prints of the structural plans, if any, to be submitted.  O. Reg. 49/01, s. 16 (1). (2) In the case of a corporation that is not a vacant land condominium corporation, if the examiner requires a description to be submitted for approval, the examiner is not required to approve the items specified in clause 8 (1) (b), clause 8 (1) (f) if applicable, and clauses 8 (1) (g) and (h) of the Act that are included in a complete submission but the examiner is required to approve the items specified in clause 8 (1) (a) and, if applicable, clauses 8 (1) (c) and (d) of the Act.  O. Reg. 49/01, s. 16 (2). (3) In the case of a vacant land condominium corporation, if the examiner requires a description to be submitted for approval, the examiner is not required to approve the items specified in clauses 157 (1) (b), (d) and (e) of the Act that are included in a complete submission but the examiner is required to approve the item specified in clause 157 (1) (a) of the Act.  O. Reg. 49/01, s. 16 (3).
Submission to the land registrar
 17. (1) In addition to the requirements of clauses 7 (2) (b) and (c) and subsection 7 (3) of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act, the person registering the description shall deliver to the land registrar, (a)  the original plans of survey and three paper prints of them signed by the surveyor; (b)  the one or two paper prints of the plans of survey that are signed by the surveyor and required by subsection 51 (60) of the Planning Act; (c)  one set of paper prints of the architectural plans, if any; and (d)  one set of paper prints of the structural plans, if any.  O. Reg. 49/01, s. 17 (1). (2) Upon registering the description, the land registrar shall, (a)  fill in the date of registration of the description in the column labelled “Date” in the table described in subsection 2 (6), if any, that appears on each sheet of the plans of survey; (b)  complete the certificate of registration mentioned in clause 11 (1) (a) on the plans of survey and fill in the particulars of registration of the description on the paper prints of the plans of survey; (c)  fill in the registration number of the declaration in the notation described in clause 11 (1) (d) on the plans of survey and the paper prints of them; (d)  fill in the identification of the condominium plan in accordance with subsection 27 (2) on, (i)  each sheet of the exclusive use portions survey and the paper prints of it, (ii)  each sheet of the paper prints of the architectural plans, if any, and (iii)  each sheet of the paper prints of the structural plans, if any; (e)  retain the original plans of survey, one paper print of them and the paper prints of the architectural plans and the structural plans, if any; (f)  transmit one copy of the plans of survey to the Municipal Property Assessment Corporation, if the record of the land is not automated; (g)  transmit one or two copies of the plans of survey that are described in subsection 51 (60) of the Planning Act to the approval authority within the meaning of that subsection; (h)  transmit a copy of the plans of survey submitted under subsection 7 (3) of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act to the Association of Ontario Land Surveyors; and (i)  if the registrant has delivered to the land registrar additional copies of the plans of survey at the time of registration, fill in the particulars of registration on them and return them to the registrant.  O. Reg. 49/01, s. 17 (2); O. Reg. 80/22, s. 1. (3) Subsection (1) and clause (2) (a) do not apply to an amendment creating a phase. O. Reg. 548/20, s. 1.
Amendment to registered description
 18. In addition to the requirements of subsection 17 (2), upon registering an amendment to a registered description, other than an amendment creating a phase, the land registrar shall,  (a)  mark the original portion of the description that is superseded by the amendment to show that an amendment has been registered in substitution for it; (b)  retain in the land registry office and make available for inspection when required the original portion of the description that is superseded by the amendment; (c)  integrate the amendment with the description but mark the amendment clearly to show the fact that it is an amendment and the date of its registration; (d)  make the entries in the Condominium Register that are required to reflect the registration of the amendment; and (e)  transmit one copy of the portion of the description, as amended by the amendment, to each of, (i)  the Municipal Property Assessment Corporation, if the record of the land is not automated, and (ii)  the approval authority within the meaning of subsection 51 (60) of the Planning Act. O. Reg. 49/01, s. 18; O. Reg. 80/22, s. 2. Amendment to Description Creating a Phase
Amendment to Description Creating a Phase
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Appurtenant and servient interests
 20. (1) Section 10 does not apply to the perimeter plan of survey of the land included in the phase.  O. Reg. 49/01, s. 20 (1). (2) All interests that are appurtenant to the land included in a phase, or that will be upon the registration of the amendments to the declaration and description creating the phase, shall be shown on the perimeter plan of survey of the land included in the phase in light, broken or unbroken, lines of uniform width and shall be labelled unless they are, (a)  described as a subdivision unit as defined in subsection 1 (1) of Ontario Regulation 43/96 (Surveys, Plans and Descriptions of Land) made under the Registry Act; or (b)  described in an instrument registered with the approval of the examiner of surveys.  O. Reg. 49/01, s. 20 (2). (3) All easements and similar interests to which the land included in a phase is subject, or will be upon the registration of the amendments to the declaration and description creating the phase, shall be shown on the perimeter plan of survey of the land included in the phase in light, broken or unbroken, lines of uniform width and shall be labelled.  O. Reg. 49/01, s. 20 (3). (4) Easements that will merge in law upon the registration of the amendments to the declaration and description creating a phase, as set out in the solicitor’s statement in the amendment to Schedule A to the declaration, do not have to be shown on the perimeter plan of survey of the land included in the phase.  O. Reg. 49/01, s. 20 (4).
Forms on sheets
 21. (1) Clauses 11 (1) (a), (b), (c) and (d) apply to each sheet that the amendment to the description creating a phase will add to that part of the plans of survey, other than the exclusive use portions survey, but clauses 11 (1) (e) and (f) and subsection 11 (2) do not apply to those sheets.  O. Reg. 49/01, s. 21 (1). (2) In addition to the requirements of subsection 11 (1), each sheet that the amendment to the description creating a phase will add to that part of the plans of survey, other than the exclusive use portions survey, shall show the certificate by the declarant in the form that is required by Ontario Regulation 48/01 (General) made under the Act stating that the property included in the phase shown in the amendment to the plans of survey has been laid out into units and common elements in accordance with the declarant’s instructions.  O. Reg. 49/01, s. 21 (2). (3) In addition to the requirements of subsection 11 (1), each sheet that the amendment to the description creating a phase will add to the perimeter plan of survey shall show, immediately below the notation described in clause 11 (1) (d), the form that subsection 9 (5) of Ontario Regulation 48/01 (General) made under the Act requires for a description of all interests that are appurtenant to the land included in the phase and all easements or similar interests to which the land is subject.  O. Reg. 443/11, s. 2. (4) Subsection 11 (3) applies to each sheet that the amendment to the description creating a phase will add to the exclusive use portions survey.  O. Reg. 49/01, s. 21 (4).
PART II REGISTRATION AND RECORDING
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Definitions
 24. (1) In this Part, “amalgamation” means an amalgamation under Part VII of the Act and “amalgamate” has a corresponding meaning; (“fusion”, “fusionner”) “Common Elements and General Index” means the part of the Condominium Register for the property established by the Director of Titles and known as the Common Elements and General Index; (“répertoire des parties communes et répertoire général”) “Condominium Corporations Index” means the Condominium Corporations Index mentioned in subsection 3 (3) of the Act; (“Répertoire des associations condominiales”) “Condominium Register” means the Condominium Register mentioned in subsection 3 (4) of the Act; (“Registre des condominiums”) “Constitution Index” means the part of the Condominium Register for the property established by the Director of Titles and known as the Constitution Index; (“répertoire des actes de constitution”) “easement” means an easement, right of way, right or licence in the nature of an easement, profit à prendre or other incorporeal hereditament, but does not include any of those that arise by operation of law; (“servitude”) “land registrar” means the land registrar in whose registry or land titles division, as the case may be, the property is situated; (“registrateur”) “parcel of tied land” means a parcel of land described in clause 139 (1) (a) of the Act in the case of a common elements condominium corporation and to which a common interest of an owner in the corporation attaches under clause 139 (2) (a) of the Act; (“parcelle de bien-fonds lié”) “Property Index” means the part of the Condominium Register for the property established by the Director of Titles and known as the Property Parcel Register if the Land Titles Act
applies to the property and the Property Abstract Index if the Registry Act applies to the property; (“répertoire de la propriété”) “standard condominium corporation” means a freehold condominium corporation that is not a common elements condominium corporation or a vacant land condominium corporation; (“association condominiale ordinaire”) “unit” includes the common interest appurtenant to the unit; (“partie privative”) “Unit Index” means the part of the Condominium Register for the property established by the Director of Titles and known as the Unit Register or the Parcel Register if the Land Titles Act applies to the property and the Unit Index if the Registry Act applies to the property. (“répertoire des parties privatives”) O. Reg. 49/01, s. 24 (1). (2) For the purposes of this Part, the records of a property are automated if the system of automated information recording and retrieval and property mapping described in section 15 of the Land Registration Reform Act is available for the records with respect to the property in the appropriate land registry office.  O. Reg. 49/01, s. 24 (2).
Condominium Register
 25. For the purposes of the Land Titles Act
and the Registry Act, the Condominium Register shall be deemed to be a register or an abstract index, respectively, for the parcel of land that comprises the property.  O. Reg. 49/01, s. 25. Declaration and Description
Declaration and Description
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Interpretation
 26. In sections 27, 28 and 29, a declaration or a description does not include an amendment to a declaration or a description.  O. Reg. 49/01, s. 26.
Extension of Land Titles Act
 29. (1) If a declaration and description are registered in an area to which the Land Titles Act does not apply, if the application of that Act is subsequently extended to the area and if the land registry office for the land titles division is combined with the land registry office for the registry division, (a)  the land registrar shall establish a new Condominium Register when the first declaration and description are registered in the land registry office for the land titles division; and (b)  the Condominium Corporations Index previously established shall be continued.  O. Reg. 49/01, s. 29 (1). (2) If a declaration and description are registered in an area to which the Land Titles Act
does not apply, the application of that Act is subsequently extended to the area and the land registry office for the land titles division is not combined with the land registry office for the registry division, the land registrar shall not make any further entry in the Condominium Corporations Index in the land registry office for the registry division unless it relates to a declaration and description previously registered under the Registry Act.  O. Reg. 49/01, s. 29 (2). Other Instruments
Other Instruments
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Index for additional units
 30. If a land registrar receives, for registration, an amendment to a declaration and a description that purports to add any units to the property, the land registrar shall, (a)  establish a Unit Index for each unit included in the amendment; and (b)  if the records of the property are automated, record in each Unit Index established under clause (a) all instruments affecting the unit.  O. Reg. 49/01, s. 30.
Automated system
 31. (1) Subject to section 34, if a land registrar receives an instrument for registration after the registration of the declaration and description of a corporation that is not a common elements condominium corporation and if the records of the property are automated, the land registrar shall record the instrument, (a)  in the Unit Index for each unit included in the property that it purports to affect; and (b)  in the Unit Index for each unit included in the property, if it purports to affect all or part of the common elements.  O. Reg. 49/01, s. 31 (1). (2) Subject to subsections (3.1) and (4) and section 34, if a land registrar receives for registration an instrument that purports to affect all or part of the common elements in a common elements condominium corporation and if the records of the property are automated, the land registrar shall record the instrument in the parcel register for the common elements. O. Reg. 84/18, s. 1 (1). (3) An instrument to which subsection (1) or (2) applies includes an amendment to a declaration or a description, but not a declaration, a description or an amendment to a declaration and a description that purports to add any parcels of tied land to the property.  O. Reg. 49/01, s. 31 (3). (3.1) If a land registrar receives for registration an encumbrance that purports to affect all or part of the common elements in a common elements condominium corporation and if the records of the property are automated, the land registrar shall record the instrument in the parcel register for each parcel of tied land. O. Reg. 84/18, s. 1 (2). (4) If a land registrar receives for registration an instrument that purports to be one of the instruments described in subsection (5) in respect of a common elements condominium corporation and if the records of the property are automated, the land registrar shall record the instrument in the parcel register for the parcel of tied land that it purports to affect. O. Reg. 384/12, s. 1; O. Reg. 84/18, s. 1 (3). (5) Subsection (4) applies to the following instruments: 1.  A certificate of lien described in subsection 85 (2) of the Act in respect of unpaid common expenses. 2.  A partial or complete discharge of the certificate described in paragraph 1. 3.  A partial discharge of an encumbrance described in subsection (3.1). O. Reg. 384/12, s. 1; O. Reg. 84/18, s. 1 (4).
Additional parcels of tied land
 32. If a land registrar receives, for registration, an amendment to a declaration and a description that purports to add any parcels of tied land to the property, the land registrar shall record the amendment, (a)  in the parcel register for each additional parcel of tied land to which the Land Titles Act
applies; (b)  in the abstract index for each additional parcel of tied land to which the Registry Act
applies; (c)  in the parcel register for the land that includes the property if the records of the property are automated; and (d)  in the Constitution Index and the Common Elements and General Index if the records of the property are not automated.  O. Reg. 49/01, s. 32.
Terminations
 34. Despite sections 31 and 33, if a notice of termination mentioned in section 122 or 123 of the Act, a deed for a sale under section 124 of the Act, a plan of expropriation for an expropriation described in section 126 of the Act or an order for termination mentioned in section 128 of the Act purports to affect all units and common elements included in the property and is received for registration after the registration of the declaration and description, sections 47 to 51 apply to it.  O. Reg. 49/01, s. 34. Forms
Amendments
 35. The certificate described in subsection 107 (6) of the Act that is required to be included in an amendment to the declaration or the description under section 107 of the Act shall be in the form that the Director of Titles specifies.  O. Reg. 49/01, s. 35; O. Reg. 443/11, s. 3.
Notice of change of address
 36. (1) A notice changing the address for service or the mailing address of a corporation under section 108 of the Act shall be in the form that the Director of Titles specifies.  O. Reg. 49/01, s. 36 (1); O. Reg. 443/11, s. 4. (2) The land registrar shall record the notice in the Condominium Corporations Index and, in addition, if the records of the property are automated, (a)  in the Unit Index for each unit of the corporation, in the case of a corporation that is not a common elements condominium corporation; and (b)  in the parcel register for the property, in the case of a common elements condominium corporation.  O. Reg. 49/01, s. 36 (2).
Proof of enrolment, new home
 37. The proof mentioned in subclause 43 (5) (f) (i) of the Act that the units and common elements have been enrolled in the Plan within the meaning of the Ontario New Home Warranties Plan Act in accordance with the regulations made under that Act shall be in the form that the Minister responsible for the administration of that subclause specifies, signed by the Registrar under that Act or a Deputy Registrar appointed under that Act.  O. Reg. 49/01, s. 37; O. Reg. 443/11, s. 5.
By-laws
 38. (1) A land registrar shall not receive the certified copy of a by-law mentioned in subsection 56 (9) of the Act for registration unless the certificate of the officer of the corporation is in the required form and states that, (a)  the copy is a true copy of the by-law; (b)  the by-law was made in accordance with the Act; (c)  the owners of a majority of the units in the corporation, or the number of owners described in subsection 14 (2) of Ontario Regulation 48/01 (General) made under the Act if that subsection applies, have voted in favour of confirming the by-law, with or without amendment; and (d)  if the by-law is a joint by-law made under section 59 of the Act, it is not effective until the corporations that made it have each registered a copy of it in accordance with subsection 56 (9) of the Act.  O. Reg. 49/01, s. 38 (1); O. Reg. 84/18, s. 2 (1). (1.1) A reference to a portion of the units in a corporation in subsection (1) shall be interpreted as a reference to a portion of, (a)  the units in the corporation in respect of which the right to vote to elect a person to or to remove a person from the board is reserved as described in subsection 51 (6) of the Act, in respect of any part of the business of a meeting that is reserved for voting by owners of those units; (b)  the units in the corporation that are not described in subsection 49 (3) of the Act, if not all of the units in the corporation are those described in that subsection and clause (a) does not apply; or (c)  all of the units in the corporation, if all of the units are those described in subsection 49 (3) of the Act and clause (a) does not apply. O. Reg. 84/18, s. 2 (2). (2) Despite subsection 18 (1) of the Registry Act, a by-law of a corporation shall not be entered in the by-law index under that subsection.  O. Reg. 49/01, s. 38 (2).
Money held in trust
 39. The evidence of compliance mentioned in subsection 81 (6) of the Act with respect to money held in trust under section 81 of the Act shall be a statement that is, (a)  signed by the declarant’s solicitor, a partner in the partnership of solicitors that is the declarant’s solicitor, a solicitor employed by the partnership of solicitors that is the declarant’s solicitor or a trustee of a prescribed class; and (b)  in the form that the Minister responsible for the administration of that section specifies.  O. Reg. 443/11, s. 6.
Lease or renewal
 40. (1) The summary mentioned in clause 83 (1) (b) of the Act in respect of a lease or a renewal of a lease shall be in a form specified by the condominium authority and approved by the Minister. O. Reg. 436/20, s. 1. (2) The form of the summary shall provide for the following to be included: 1.  A statement of the name of the corporation. 2.  An indication of whether the summary is, i.  a summary of a lease, sublease or assignment of lease, or ii.  a summary of a renewal of a lease, sublease or assignment of lease. 3.  An identification of each unit or, in the case of a common elements condominium corporation, the common interest in the corporation that is the subject of the lease, sublease or assignment. 4.  A statement of the contact information of the lessee, sub-lessee or assignee, including the person’s name, telephone number and fax number, if any. 5.  A statement of the terms of the lease, sublease or assignment of the lease, including, i.  a statement of the date of commencement and the date of termination of the lease, sublease or assignment, ii.  an indication of whether there is an option to renew the lease, sublease or assignment and, if so, a description of the option, and iii.  a statement of the amount of the rent payable under the lease, sublease or assignment and the times at which the rent is payable. 6.  An indication of whether the owner has provided the lessee, sub-lessee or assignee with a copy of the declaration, by-laws and rules of the corporation in accordance with clause 83 (1) (c) of the Act. 7.  A statement confirming that the owner will, in accordance with subsection 83 (2) of the Act, notify the corporation in writing within 10 days of the termination and non-renewal of the lease, sublease or assignment. 8.  For a lease, sublease or assignment of a lease of a unit or a renewal of the lease, sublease or assignment, i.  the signature of the owner of the unit and the date on which the form is completed, and ii.  a statement of the contact information of the owner of the unit, including the owner’s name, address, telephone number and fax number, if any. 9.  For a lease, sublease or assignment of a lease of a common interest in a common elements condominium corporation or a renewal of the lease, sublease or assignment, i.  the signature of the owner of the common interest and the date on which the form is completed, and ii.  a statement of the contact information of the owner of the common interest, including the owner’s name, address, telephone number and fax number, if any. 10.  Any other information with respect to the summary of the lease, sublease or assignment or renewal of the lease, sublease or assignment. O. Reg. 436/20, s. 1. (3) The form of the summary shall be entitled “Summary of Lease or Renewal” in English and “Résumé de bail ou de bail reconduit” in French. O. Reg. 436/20, s. 1. (4) The condominium authority shall publish the form of the summary, (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. 436/20, s. 1.
Certificate of lien
 41. (1) A certificate of lien mentioned in subsection 85 (2) of the Act shall be in the form that is entitled “Certificate of Lien” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 443/11, s. 6. (2) A discharge of a certificate of lien mentioned in subsection 85 (7) of the Act shall be in the form that is entitled “Discharge of Certificate of Lien” and dated September 1, 2011, as it appears on the Government of Ontario website.  O. Reg. 443/11, s. 6.
Common elements condominium corporations
 43. (1) A certificate described in clause 139 (1) (b) of the Act by an owner in a common elements condominium corporation shall be in the form that the Director of Titles specifies.  O. Reg. 49/01, s. 43 (1); O. Reg. 443/11, s. 8 (1). (2) A notice described in subclause 139 (2) (b) (i) of the Act stating that the common interest of an owner in the corporation attaches to the owner’s parcel of tied land shall be in the form that the Director of Titles specifies.  O. Reg. 49/01, s. 43 (2); O. Reg. 443/11, s. 8 (2).
Leasehold condominium corporations
 44. (1) A notice described in subsection 174 (7) of the Act stating that the leasehold interests in the units in a leasehold condominium corporation have been renewed shall be in the form that the Director of Titles specifies.  O. Reg. 49/01, s. 44 (1); O. Reg. 443/11, s. 9 (1). (2) A notice described in subsection 174 (7) of the Act stating that the leasehold interests in the units in a leasehold condominium corporation have not been renewed shall be in the form that the Director of Titles specifies.  O. Reg. 49/01, s. 44 (2); O. Reg. 443/11, s. 9 (2). Description of Land
Description of Land
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Discharge of pre-existing encumbrance
 46. A discharge of a portion of an encumbrance under subsection 14 (2) of the Act shall be in a form, having regard to the nature of the encumbrance, sufficient for registration under the Land Titles Act or the Registry Act, as the case may be, and shall describe the land in accordance with section 45.  O. Reg. 49/01, s. 46. Termination
Termination
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Expropriation
 49. (1) A land registrar who receives for registration a plan of expropriation for an expropriation under section 126 of the Act shall record it in, (a)  the Unit Index for each unit included in the property, if the records of the property are automated; (b)  the following places if the records of the property are automated and the corporation is a common elements condominium corporation; 1.  The parcel register for the property. 2.  The parcel register for each parcel of tied land, if the land being expropriated is all of the property; (c)  the Constitution Index, the Common Elements and General Index, the Property Index, the Unit Index for each unit included in the property and the parcel register or the abstract index, as the case may be, for each parcel of tied land, if the records of the property are not automated and the land being expropriated is all of the property; (d)  the Common Elements and General Index and the Unit Index for each unit or part of a unit being expropriated, if the records of the property are not automated and the land being expropriated is part, but not all, of the common elements; (e)  the freehold parcel register and the leasehold parcel register relating to the property, if the corporation is a leasehold condominium corporation and the Land Titles Act
applies to the property; and (f)  the abstract index relating to the property, if the corporation is a leasehold condominium corporation and the Registry Act applies to the property.  O. Reg. 49/01, s. 49 (1). (2) In the case of a leasehold condominium corporation to which the Land Titles Act applies, the land registrar shall record, on the freehold parcel register relating to the property and in priority of their registration, all claims that are continued against the lessor’s interest in the property under section 175 of the Act.  O. Reg. 49/01, s. 49 (2).
Court order
 50. (1) An order made by a court under section 128 or 173 of the Act terminating the government of the property by the Act does not take effect with respect to the property until it is registered.  O. Reg. 49/01, s. 50 (1). (2) If an order mentioned in subsection (1) contains conditions, a land registrar shall not receive the order for registration unless there is attached to the order a statement or affidavit made by the solicitor for the registrant, stating that the conditions contained in the order have been complied with.  O. Reg. 49/01, s. 50 (2). (3) A land registrar who receives for registration an order mentioned in subsection (1) shall record it in, (a)  the Unit Index for each unit included in the property, if the records of the property are automated; (b)  the parcel register for the property and the parcel register for each parcel of tied land, if the records of the property are automated and the corporation is a common elements condominium corporation; (c)  the Constitution Index, the Common Elements and General Index, the Property Index, the Unit Index for each unit included in the property and the parcel register or the abstract index, as the case may be, for each parcel of tied land, if the records of the property are not automated; (d)  the freehold parcel register and the leasehold parcel register relating to the property, if the corporation is a leasehold condominium corporation and the Land Titles Act
applies to the property; and (e)  the abstract index relating to the property, if the corporation is a leasehold condominium corporation and the Registry Act applies to the property.  O. Reg. 49/01, s. 50 (3). (4) In the case of a leasehold condominium corporation to which the Land Titles Act
applies, the land registrar shall record, on the freehold parcel register relating to the property and in priority of their registration, all claims that are continued against the lessor’s interest in the property under section 175 of the Act and in accordance with the order mentioned in subsection (1).  O. Reg. 49/01, s. 50 (4).