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O. Reg. 84/18: DESCRIPTION AND REGISTRATION

filed March 7, 2018 under Condominium Act, 1998, S.O. 1998, c. 19

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ontario regulation 84/18

made under the

Condominium Act, 1998

Made: February 22, 2018
Filed: March 7, 2018
Published on e-Laws: March 7, 2018
Printed in The Ontario Gazette: March 24, 2018

Amending O. Reg. 49/01

(DESCRIPTION AND REGISTRATION)

1. (1) Subsection 31 (2) of Ontario Regulation 49/01 is revoked and the following substituted:

(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.

(2) Section 31 of the Regulation is amended by adding the following subsection:

(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.

(3) Subsection 31 (4) of the Regulation is amended by adding “that it purports to affect” at the end.

(4) Paragraph 3 of subsection 31 (5) of the Regulation is amended by adding “described in subsection (3.1)” at the end.

2. (1) Clause 38 (1) (c) of the Regulation is revoked and the following substituted:

(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

(2) Section 38 of the Regulation is amended by adding the following subsection:

(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.

3. The English version of subsection 42 (2) of the Regulation is amended by striking out “no earlier that” and substituting “no earlier than”.

Commencement

4. This Regulation comes into force on the day it is filed.

 

Made by:
Pris par :

La ministre des Services gouvernementaux et des Services aux consommateurs,

Tracy MacCharles

Minister of Government and Consumer Services

 

Date made: February 22, 2018
Pris le : 22 février 2018

 

 

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