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accordance with this Act. 1998, c. 19, s. 7 (4).
Inconsistent provisions
(5)If any provision in a declaration is inconsistent with the provisions of this Act, the
provisions of this Act prevail and the declaration shall be deemed to be amended accordingly.
1998, c. 19, s. 7 (5).
Requirements for description
8. (1)Subject to the regulations made under this Act, a description shall contain,
(a) a plan of survey showing the perimeter of the horizontal surface of the land and the
perimeter of the buildings;
(b) architectural plans of the buildings and, if there are any, structural plans of the
buildings;
(c) a specification of the boundaries of each unit by reference to the buildings or other
monuments;
(d) diagrams showing the shape and dimensions of each unit and the approximate location
of each unit in relation to the other units and the buildings;
(e) a certificate of an architect that all buildings have been constructed in accordance with
the regulations and, if there are structural plans, a certificate of an engineer that all
buildings have been constructed in accordance with the regulations;
(f) a certificate signed by an Ontario land surveyor licensed under the
Surveyors Act
stating that the diagrams of the units are substantially accurate;
(g) a description of all interests appurtenant to the land that are included in the property;
and
(h) all other material that the regulations made under this Act require. 1998, c. 19, s. 8 (1).
Preparation of documents
(2)A survey, plan, specification, diagram, certificate or description mentioned in
subsection (1) shall be prepared in accordance with the regulations made under this Act. 1998,
c. 19, s. 8 (2).
Common elements, units in building
(3)A description shall not be registered unless,
(a) the property includes common elements; and
(b) each unit for residential purposes includes one or more buildings or is included in a
building. 1998, c. 19, s. 8 (3).
Approval by examiner of surveys
(4)The examiner of surveys appointed under the
Land Titles Act
may require a description
or an amendment to a description to be submitted to the examiner of surveys for approval before
it is registered. 1998, c. 19, s. 8 (4).
Same
(5)The examiner of surveys shall approve the description or the amendment to the
description if satisfied that the document submitted meets the requirements of this section. 1998,