APPENDIX A: PLANNING ACT LOGIC - LawyerDoneDeal

1 APPENDIX A: PLANNING ACT LOGIC page 1 LawyerDoneDeal Corp. 2015 Tier 1 LOGIC Exception Statutory provision ( PLANNING Act, Sect. 50 unless otherwise stated) Comments Abutting Lands Search Required? LOGIC Wording of RealtiWeb Message 1. Property is whole lot or block on a registered plan of subdivision (3)(a),(4), (5)(a), (14) Exception does not apply if plan deregistered by municipal by-law. Most deregistration by-laws are for older plans. No Comment on Abutting Lands Map Button ( ALMB ) Your primary parcel appears to be the whole of a Lot /Block/Unit within a registered plan of subdivision/condominium so an Abutting land PLANNING Act search may not be necessary. Property is whole condo unit and/or common interest in condominium Condominium Act, 1998, 1998, c. 19, S. 9(1) Section 50, PLANNING Act does not apply.

2 Priority should appear and take precedence over all other ALMB notices 2. Land converted to Land Titles Conversion Qualified ( LTCQ ), if title states that the land is not subject on first registration in LTCQ to subparagraph 44(1)(11) of the Land Titles Act1 Most LTCQ titles have the required statement. Compliance with the section is confirmed only up to the date of conversion to LTCQ. Search abutting lands forward from date of conversion to LTCQ, unless another exception applies more Comment on ALMB Priority if not 1 above The exception in Section 44(1) (11) of the Land Titles Act ( PLANNING Act exception) does not apply to contraventions occurring prior to the conversion date for Land Titles Conversion Qualified property. There does not appear to be any transfers of title registered after the conversion date.

3 3. Part lot control exemption by-law applies to present or past transaction (7) Review by-law to ensure it is/was in effect at time of transaction. If by-law applied to past transaction but is no longer in force, search abutting lands forward from date of that transaction. Comment on ALMB Priority If not 1 or 2 above There appears to be a by-law registered on title to the primary Parcel. If the by-law is a part-lot control exempting bylaw, the extent of any Abutting land PLANNING Act search required will be subject to the particulars of this by-law. The inclusion of PLANNING Act Statements in registered transfers will also impact your Abutting land search. 1 1990, c. 2 , if land converted to LTCQ in 1998 and Transfer with statements signed registered in 2002, search abutting lands forward from date of registration in 2002.

4 APPENDIX A: PLANNING ACT LOGIC page 2 LawyerDoneDeal Corp. 2015 Exception Statutory provision ( PLANNING Act, Sect. 50 unless otherwise stated) Comments Abutting Lands Search Required? LOGIC Wording of RealtiWeb Message PLANNING Act statements in transfer signed (22) All three statements must be signed. Search abutting lands forward from date of registration of most recent transfer with statements signed, unless another exception applies more recently. Comment on ALMB Priority if not 1, 2 or 3 above. You should confirm whether any transfers appearing on title to the primary Parcel include PLANNING Act consents or contain PLANNING Act statements inasmuch as these items will impact on the need for and/or extent of any Abutting land PLANNING Act searches. Consent to current transaction granted (3)(f), (5)(f), (14), 53(42), 53(43) Certificate of consent to be given.

5 Consent lapses if transaction not carried out within 2 years from date of certificate, or earlier lapse period if specified. No Prior consent to conveyance granted3 (12), (14) Must be identical to parcel that received consent (cannot be whole of remainder parcel). Prior consent must be to conveyance ( , transfer/deed), not mortgage or other transaction. Read consent to confirm it does not stipulate that subsections (3) or (5) apply to subsequent transactions. No 3 Subject to case law and comments at pages 265 et al., The Law of Subdivision Control in Ontario. APPENDIX A: PLANNING ACT LOGIC page 3 LawyerDoneDeal Corp. 2015 Tier 2 LOGIC Exception Statutory provision ( PLANNING Act, Sect. 50 unless otherwise stated) Comments Abutting Lands Search Required?

6 LOGIC Wording of RealtiWeb Message Grantor retains abutting lands that are a whole lot or block on registered plan of subdivision, and property is whole of remainder parcel (3)(b), (5)(a) Yes; exception applies only to specific transaction, does not have retroactive or future effect. Listed under specific category in Abutting lands table (second grouping) The Abutting parcel types identified below appear to be the whole of a Lot /Block/Unit within a registered plan of subdivision/condominium so it may not be necessary to search these parcels for PLANNING Act purposes. Road, Indian Lands or Railway Parcels Listed under specific category in Abutting lands table (third grouping) The Abutting parcel types identified below may not require further investigation for PLANNING Act compliance because they appear to be road, railroad or Indian lands parcels.

7 APPENDIX A: PLANNING ACT LOGIC page 4 LawyerDoneDeal Corp. 2015 Tier 3 LOGIC Exception Statutory provision ( PLANNING Act, Sect. 50 unless otherwise stated) Comments Abutting Lands Search Required? LOGIC Wording of RealtiWeb Message Past and present grantors do not/did not own abutting land (3)(a), (5)(a) Yes, in order to determine that they do not/did not own abutting land. Common names Individual identical last name and first three characters of given name If common name does the period of ownership overlap If the property is LTCQ does common ownership occur after conversion date of primary parcel The name appears to be similar to {MainParcerName} in parcel {MainParcelPIN} on Transfer {MainParcelTransferNumber} Where consent granted, primary Parcel is whole of remainder parcel (6) Transaction must occur before consent lapses and remainder parcel must be/have been conveyed before consented Yes; exception applies only to specific transaction, does not have retroactive or future effect.

8 This wording always appears before the Transfer History on the Parcel Details of and Abutting Property If any Abutting parcel is the subject of a PLANNING Act consent, the primary parcel may be the whole of the remainder parcel which must be conveyed before the consented parcel. 4 1390957 Ontario Ltd. v. Acchione, 2002 CanLII 23579 (ONCA) APPENDIX A: PLANNING ACT LOGIC page 5 LawyerDoneDeal Corp. 2015 No Programming LOGIC Exception Statutory provision ( PLANNING Act, Sect. 50 unless otherwise stated) Comments Abutting Lands Search Required? LOGIC Wording of RealtiWeb Message Property is remaining part of whole lot or block on registered plan of subdivision, the other part of which was acquired by a body that has the right to acquire land by expropriation (5)(e) No none