In Ontario, which set of items must be in place before a condominium declaration and description can be registered under the Condominium Act, 1998?
Correct Answer
C) Mortgagee consents, a certified description, and approval-authority approval or exemption
The declaration must be executed and must contain the consent of every registered mortgagee (s. 7(1), 7(2), clause b). The description must include the architect's (and, where applicable, engineer's) certificates and an Ontario land surveyor's certificate that the unit diagrams are substantially accurate (s. 8(1)). The description cannot be registered unless the approval authority under the Planning Act has approved it or exempted it (s. 9(3)).
Why This Is the Correct Answer
This answer is correct because it names the three statutory gates: the declaration must carry the consent of every registered mortgagee (s. 7(2), clause b), the description must carry the required architect, engineer and surveyor certificates (s. 8(1)), and the description must be approved by the approval authority or exempted by it (s. 9(3)). Without any one of these, the land registrar cannot register the declaration and description.
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