2002-4 Procedures for Amending Condominium Descriptions under Section 107 and 109 of Condominium Act, 1998

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Bulletin information:

Issue Date: December 23, 2002
Legislation: Condominium Act, 1998

Bulletin content:

The Condominium Act, 1998 provides for the amendment of a declaration and/or a description with the owner’s consent under Section 107 or by a Court Order under Section 109.

When a Surveyor is engaged to undertake an amendment to the description under Section 107, the Surveyor should ensure that the amendment has been clearly set out in Form 1 of O. Reg. 49/01 under the Condominium Act, 1998. This Form must be registered in accordance with Section 107(6), prior to making the amendment.

When a Surveyor is engaged to undertake an amendment to the description under Section 109, the Surveyor should ensure that the amendment has been clearly set out in the Court Order. In addition, the Court Order must be registered.

Before proceeding with any amendment to the description, the Surveyor should consult with the Land Registrar or the Regional Surveyor.

Amending Procedure For Amendments To The Description

Manual amendments may be made to the original description plan(s) where Planning Act approval is not required, subject to Item 10.
Where Planning Act approval is required, follow the process set out in items 3 and 4.
The Ontario Land Surveyor must obtain a copy of the original description plan(s), that require(s) amending, in the form of a hard copy (mylar or photographic reproduction) or a digital copy, from the appropriate Land Registry Office. Arrangements for the copy or copies can be made through the Land Registrar or the Regional Surveyor and an outside supplier. The original description plan(s) must remain in the custody of the Land Registrar or Regional Surveyor throughout this procedure. The Surveyor will be responsible for arranging for payment of all costs associated with producing the copy or copies.
All original registration particulars, Certificates and signatures must remain intact on the copy or copies.
On the copy or copies of the original description plan(s) being amended, including any sheets being added, the following shall be added preceding the component name of the Plan in the top right hand corner, in the same size lettering: “Amendment To Description”.
The Certificate of Amendment shall be included in a conspicuous location adjacent to the original Registration Certificate(s) or as close as possible and boxed as shown. This Certificate need only be added to those description plans that are being amended in accordance with Form 1 or a Court Order, as well as any new sheets being added. Renumbering a sheet will not require a Certificate.

Certificate of Amendment
Amended in accordance with s. 18, O. Reg. 49/01
Amendment to Declaration or Description registered as No. [enter number] (or in the case of a Court Order):
Amendment by Court Order registered as No. [enter number]
Date [enter date]
Land Registrar [enter land registrar’s name]

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The Surveyor’s Certificate(s) for Amendment shall be included in a location adjacent to the original Surveyor’s Certificate or as close as possible and boxed as shown:
1. To be added to all Part 1 Sheets, that are being amended or added and Sheet 1 of Part 1 of a Phased Condominium under the Condominium Act, 1998, if applicable; and
  
  Surveyor’s Certificate for Amendment
  I certify that:
  1. This survey and plan are amended in accordance with an amendment to declaration or description registered as No. and are correct and in accordance with the Condominium Act, 1998, the Surveys Act, the Surveyors Act and the Land Titles Act (or the Registry Act) and the regulations made under them; or
    This survey and plan are amended in accordance with an amendment by Court Order registered as No. and are correct and in accordance with the Condominium Act, 1998, the Surveys Act, the Surveyors Act and the Titles Act (or the Registry Act) and the regulations made under them;
    (If the perimeter boundary or boundaries are being changed and/or a Unit(s) Is being added, removed or amended, include the following paragraph)
  2. The survey was completed on the day of (If Units are being added or the extent amended on the Sheet, include the following paragraph)
  3. The diagrams of the Units affected by this amendment are substantially accurate. (If the plan is of Crown land and was prepared under the instructions of the Surveyor General of Ontario, include the following paragraph)
  4. This plan and the field notes were prepared from an actual survey performed under my personal supervision and I was present on the site during the progress of this survey.
  Date [enter date]
  Signature [enter signature]
  Ontario Land Surveyor [enter name]
  
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2. To be added to all description plans designating Exclusive Use Portions that are being amended and/or added.
  
  Surveyor’s Certificate
  Exclusive use common elements for amendment
  I certify that this plan of survey accurately shows the extent and location of the exclusive use portion of the common elements as affected by this amendment.
  Date [enter date]
  Signature [enter signature]
  Ontario Land Surveyor [enter name]
  
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For applications under Section 107, a statement with respect to Planning Act approval as per Section 9 of the Condominium Act, 1998 shall be included in a conspicuous location adjacent to the amended portion of the description plan or as close thereto as possible.
If the amendment necessitates the addition of a new description plan sheet (or sheets), the Part / Sheet box on the existing description plans shall be amended.
Further to item 8 and the addition of Architectural and/or Structural Plans, as a result of the addition of Units, the Index of Parts Schedule shall also be amended accordingly. The numbering of the original Architectural and/or Structural Plans will also have to be amended.
If applicable, the Schedule of Appurtenant and Servient Interests shall also be amended accordingly. If this necessitates the moving of other items on the plan to accommodate the expansion of the Schedule, manual amendments to the original description plan(s) will not be accepted.
All manual amendments to the original description plan(s) shall be prepared to a drafting standard that in the opinion of the Land Registrar or the Regional Surveyor will permit legible and accurate copies.
Consideration shall be given to the extent of the amendments and the placement of the required Notes and Certificates. It may be necessary to place the copy on a larger sheet than the original without exceeding the maximum plan requirements.

Registration Procedure

It is strongly advised that the amendment be pre-approved by the Land Registry Office prior to forwarding the amended plans to the Planning Authority. Once the Planning Authority signs the approval Certificate with respect to the amendment, no changes or amendments will be allowed without the Planning Authority’s written approval. For pre-approval, the following must be submitted:

two (2) paper prints of amended description;
one (1) marked up copy of the original description illustrating the amendments;
two (2) copies of completed Form 1, O. Reg. 49/01, or Court Order, and the applicable amended Schedules, etc.;
one (1) copy of the original declaration, and
copies of all Plans and title documents, if applicable.

Submission for Registration

The process for the registration of an amendment to the description is set out in Section 1 8 of O. Reg. 49101.

Where the original description sheet has been superceded, it is to remain with the original mylars and made available for viewing upon request, in accordance with Section 18 of O. Reg. 49101.

This Bulletin supercedes Appendices 'B' and 'C' of Bulletin 2001 -1

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Original signed by:

D. R.Aron, Examiner of Surveys

Updated: August 12, 2022

Published: December 31, 2001