RTA · Condominium Property Regulation
Part 3 — Phased Development
36 Completion of project
may be developed in phases, all the phases that make up the total
development of the building or land in phases must be registered
(a) within the period of tim e specified in the phased
development disclosure statement, or
(b) if the phased development d isclosure statement does not
specify the period of time within which all the phases that
make up the total development are to be registered, within
6 years from the day that the condominium plan was
registered.
(2) Notwithstanding subsection (1), the developer may, with the
agreement of at least 2/3 of the persons, not including the
developer, who are entitled under the Act to vote, extend or reduce
the period of time referred to in subsection (1).
(3) If
(a) a building or land is to be developed in phases,
(b) one or more phases have been registered, and
(c) the developer does not proceed, or does not intend to
proceed, with one or more of the other phases that were to
be part of the development,
the developer must in writing notify the corporation and the owners
that the phase or phases will not be proceeding.
(4) If
(a) a building or land is to be developed in phases, and
(b) within the time period refer red to in subsection (1) or (2),
all the phases that make up the total development are not
registered,
Section 36 AR 168/2000
the developer, unless the corporation otherwise agrees, is deemed
to have given written notice to the corporation and the owners that
the phase or phases will not be proceeding.
(5) If
(a) under a condominium plan a building or land is to be
developed in phases and
(i) in accordance with the phased development
disclosure statement, or
(ii) under an agreement between the developer and the
corporation
the developer is to transfer facilities and property intended
for common use to the corporation after the registration of
one or more phases, and
(b) within the time provided f or in the phased development
disclosure statement or the agreement or, if the time is not
so provided for, within a reasonable time the developer
fails to meet the requirement to transfer the facilities and
property intended for common use to the corporation,
an owner, the corporation or an interested party may bring an
action for an order of the Court directing the developer to carry out
that requirement or for damages arising out of the developer's
failure to carry out that requirement.
(6) If
(a) after the registration of one or more phases in respect of a
building or land that is being developed in phases the
developer elects not to or fails to proceed with one or
more other phases that were to have been included in the
development, and
(b) common property that was to have been made available
for the use of the owners in the registered phases was to
have been included in the phases that are not being
proceeded with,
either the developer, the corporation or an interested party may
apply to the Court for an order giving directions
(c) as to how the common property may be made available
under the existing circumstances, and
(d) with respect to the provision of that common property, as
to the application of any funds arising from a bond, a
Section 36 AR 168/2000
letter of credit or other security that has been provided to
secure the provision of that common property.
(7) If
(a) after the registration of one or more phases in respect of a
building or land that is being developed in phases the
developer elects not to or fails to proceed with one or
more other phases that were to have been included in the
development, and
(b) land, on which the phases not being proceeded with were
to have been located, remains part of the condominium
plan,
the developer, the corporation or an interested party may apply to
the Court for an order removing the unused land from under the
condominium plan.
(8) In considering an application under subsection (7), the Court
may
(a) refuse to grant the order with respect to the land or a
portion of that land that is the subject of the application
where the Court is satisfied that the land or that portion of
the land is required for the purposes of properly finishing
or otherwise completing the building or land that is
included in the phases that are registered;
(b) where the Court is satisfi ed that the land or any portion of
that land that is the subject of the application is not
required for the purposes of properly finishing or
otherwise completing the building or land that is included
in the phases that are registered, give directions directing
that that land or that portion of the land be removed from
under the condominium plan;
(c) where the Court is satisfi ed that the land or any portion of
that land that is the subject of the application is required
for the purposes of properly finishing or otherwise
completing the building or land that is included in the
phases that are registered, give directions respecting the
vesting of the title of that land or a portion of that land in
the name of the corporation or the owners of the units;
(d) give any directions that the Court considers appropriate
respecting the transfer of any land that is the subject of the
application, the vesting of ownership in that land, the
issuance, cancellation or modification of any certificate of
title to that land, the reallocation of unit factors and any
other matter relating to the transaction.
Section 37 AR 168/2000