O. Reg. 548/20: DESCRIPTION AND REGISTRATION
filed October 5, 2020 under Condominium Act, 1998, S.O. 1998, c. 19
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made under the
Condominium Act, 1998
Made: October 1, 2020
Filed: October 5, 2020
Published on e-Laws: October 5, 2020
Printed in The Ontario Gazette: October 24, 2020
Amending O. Reg. 49/01
(DESCRIPTION AND REGISTRATION)
1. Section 17 of Ontario Regulation 49/01 is amended by adding the following subsection:
(3) Subsection (1) and clause (2) (a) do not apply to an amendment creating a phase.
2. Subsection 19 (5) of the Regulation is amended by striking out “described in clause 22 (1) (a)” at the end and substituting “performed in accordance with clause 22 (4) (a)”.
3. Section 22 of the Regulation is revoked and the following substituted:
Procedure for registering amendment creating a phase
22. (1) The surveyor for a declarant intending to register an amendment to a description creating a phase shall prepare integrated and amended draft plans of survey in accordance with subsection (2) and submit them to the land registrar for approval in the manner specified by the land registrar.
(2) To prepare the integrated and amended draft plans of survey described in subsection (1), the surveyor for the declarant shall obtain copies of the original registered plans of survey contained in the description and,
(a) integrate the copies of the original registered plans of survey with copies of the plans of survey of lands, units and exclusive use portions included in the phase so that,
(i) the sheets of the perimeter plan of survey of the land included in the phase follow immediately after the end of the perimeter plan of survey contained in the description before the registration of the amendment,
(ii) the separate sheets of the plans of survey that designate the units included in the phase follow immediately after the end of the separate sheets of the plans of survey that designate the units included in the property before the registration of the amendment, and
(iii) the sheets of the exclusive use portions survey for the land included in the phase follow immediately after the end of the exclusive use portions survey contained in the description before the registration of the amendment;
(b) amend the numbering of the sheets and the parts in the description to reflect the integration described in clause (a);
(c) cross off the most recent index described in subsection 2 (2) included in the description and insert a reference to the sheet of the perimeter plan of survey on which the updated index appears below the crossed-off index;
(d) cross off the most recent row included in the table described in subsection 2 (6) that appears on each sheet of the plans of survey, except for the sheets of the amendment, but ensure that row still remains legible; and
(e) indicate in the column labelled “Sheet/Part” or “Feuille/partie” in the next available row in each of the tables described in clause (d),
(i) the number of the sheet and the total number of sheets in the part of the description in which the table appears, and
(ii) the part in which the sheet is located and the total number of parts in the description.
(3) If the integrated and amended draft plans of survey are approved, the person registering the amendment shall, 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, deliver or cause to be delivered to the land registrar for registration,
(a) the original amended plans of survey, prepared by creating originals of the registered plans of survey and amending them in accordance with clauses (2) (b) to (e);
(b) three paper prints of the amended plans of survey;
(c) three paper prints of the plans of survey of lands, units and exclusive use portions included in the phase and the original plans of survey of lands, units and exclusive use portions included in the phase signed by the surveyor;
(d) the one or two paper prints of the plans of the lands, units and exclusive use portions included in the phase that are signed by the surveyor and required by subsection 51 (60) of the Planning Act;
(e) one set of paper prints of the architectural plans for the phase, if any; and
(f) one set of paper prints of the structural plans for the phase, if any.
(4) Upon registering the amendment to the declaration and description creating a phase, the land registrar shall, in addition to the requirements of subsection 17 (2),
(a) integrate the original amended plans of survey with the original plans of survey of lands, units and exclusive use portions included in the phase in accordance with the procedure set out in subsection (2);
(b) fill in the date of registration of the amendment in the column labelled “Date” in the table described in subsection 2 (6) that appears on each sheet of the plans of survey after the changes described in clause (2) (e) have been made;
(c) make the entries in the Condominium Register that are required to reflect the registration of the amendment;
(d) 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; and
(e) retain the original portion of the description that is superseded by the amendment.
Commencement
4. This Regulation comes into force on the later of the day subsection 11 (1) of Schedule 28 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force and the day this Regulation is filed.
Made by:
Pris par :
La ministre des Services gouvernementaux et des Services aux consommateurs,
Lisa Thompson
Minister of Government and Consumer Services
Date made: October 1, 2020
Pris le : 1er octobre 2020