Background Image
Previous Page  79 / 118 Next Page
Information
Show Menu
Previous Page 79 / 118 Next Page
Page Background

When amendment effective

(7)

An amendment made under this section is ineffective until the copy of the amendment

has been registered. 1998, c. 19, s. 107 (7).

Change of address for service

108.

Despite section 107, the board may change the address for service or the mailing

address of the corporation by registering a notice of change of address in the form prescribed by

the Minister. 1998, c. 19, s. 108.

Court order

109. (1)

The corporation or an owner may make an application to the Superior Court of

Justice for an order to amend the declaration or description. 1998, c. 19, s. 109 (1); 2000, c. 26,

Sched. B, s. 7 (7).

Notice of application

(2)

The applicant shall give at least 15 days notice of an application to the corporation and

to every owner and mortgagee who, on the 30th day before the application is made, is listed in

the record of the corporation maintained under subsection 47 (2), but the applicant is not required

to give notice to the applicant. 1998, c. 19, s. 109 (2).

Grounds for order

(3)

The court may make an order to amend the declaration or description if satisfied that

the amendment is necessary or desirable to correct an error or inconsistency that appears in the

declaration or description or that arises out of the carrying out of the intent and purpose of the

declaration or description. 1998, c. 19, s. 109 (3).

Registration

(4)

An amendment under this section is ineffective until a certified copy of the order has

been registered. 1998, c. 19, s. 109 (4).

Order of Director of Titles

110. (1)

The corporation or an interested person may apply to the Director of Titles

appointed under section 9 of the

Land Titles Act

for an order to amend the declaration or

description to correct an error or inconsistency that is apparent on the face of the declaration or

description, as the case may be. 1998, c. 19, s. 110 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is

amended by striking out “appointed under section 9 of the

Land Titles Act

”. See: 2012, c. 8,

Sched. 9, ss. 4, 6.

Notice of application

(2)

The applicant shall give notice of the application in the form and manner that the

Director of Titles directs to the corporation and to every owner and mortgagee listed in the record

of the corporation maintained under subsection 47 (2) whose interest would be affected by the

amendment, but the applicant is not required to give notice to the applicant. 1998, c. 19,

s. 110 (2).

Grounds for order

(3)

The Director of Titles shall make an order to amend the declaration or description if

satisfied that the amendment will correct an error or inconsistency that is apparent on the face of