RTA · Condominium Property Act
10 Certificates to accompany condominium plan
shall be endorsed with or accompanied with
(a) a certificate of a land surveyor stating
(i) that the boundaries of the parcel have been established
or re-established in accordance with the Surveys Act,
(ii) that there are not any projections from other property
infringing on the external boundaries of the parcel, or if
there are projections from other property infringing on
the external boundaries of the parcel, that an appropriate
easement exists in respect of the parcel for those
projections, and
(iii) where there is a building shown on the plan, that the
building is within the external surface boundaries of the
parcel that is the subject of the plan and, if any
projections project beyond those external boundaries,
that an appropriate easement has been granted as an
appurtenance to the parcel,
and
(b) where there is a building s hown on the plan that is to
contain units,
(i) a certificate of a profe ssional engineer, professional
technologist, registered architect or land surveyor
stating, with respect to that building,
(A) that the units shown in the plan are the same as those
existing, and
(B) whether there are any po st tensioned cables located
anywhere on or within that building or the property
on which that building is located,
a n d
(ii) a certificate of the munici pal authority or of a person
designated by the municipal authority stating that
(A) the proposed division of the building, as illustrated in
the plan, has been approved by the municipal
authority,
RSA 2000
(B) the number of parking sp aces for visitors and persons
with disabilities illustrated in the plan, if any, meets
the requirements of the municipal authority, and
(C) the parking spaces for visitors and persons with
disabilities illustrated in the plan, if any, are located
on common property or a unit labelled parking for
visitors or persons with disabilities in accordance
with section 8(1)(l.1).
(2) If an application is made for a certificate under subsection
(1)(b)(ii), the municipal authority
(a) may, with respect to a building that was constructed prior to
August 1, 1966 or for which the building permit was issued
prior to August 1, 1966, prohibit the issue of the certificate
if it considers it proper to do so, and
(b) shall, with respect to a building for which a building permit
was issued on or after August 1, 1966, direct the issue of the
certificate if it is satisfied that the building conformed to
(i) the development scheme, development control bylaw,
zoning bylaw or land use bylaw, as the case may be, and
(ii) any permit issued under that scheme or bylaw,
that existed at the time the building permit was issued.
RSA 2000 cC-22 s10;2014 c10 s4