Where a condominium unit is being transferred under an agreement of purchase and sale, both the transferor (seller) and the transferee (buyer) must provide statutory declarations. These must be attached to the transfer of land at the time that it is registered at land titles.
Statutory declarations for individuals and corporations can be found here:
https://teranetmanitoba.ca/land-titles/land-titles-forms/
Modify these as required where they are being signed on behalf of the parties by an attorney under a power of attorney, by a committee or a substitute decision maker, or by an executor, administrator or other trustee.
The transferor’s (seller’s) statutory declaration
Each transferor must sign a statutory declaration. These can be combined into one omnibus declaration for all to sign where circumstances permit.
See section 57(1)(a), The Condominium Act.
The transferee’s (buyer’s) statutory declaration
Only one declaration required
Unlike transferors, who must each provide a statutory declaration, one and only one transferee provides a statutory declaration regardless of how many transferees there are. Where there are multiple transferees, they must designate one transferee to give the declaration.
See sections 48(1)(c) and 57(1)(b), The Condominium Act
Where transferee not a buyer
When one or more of the transferees is not an original buyer of the unit (they have been added or substituted) the statutory declaration must come from one of the original buyers and it must contain a statement consenting to the title issuing into the name of the new party. Once again, one and only one statutory declaration is required, regardless of the number of original buyers.
See section 57(1)(b)(iii), The Condominium Act
Declaration not required
These statutory declarations are not required when:
a. Where a condominium unit is being transferred but the transfer is not as a result of a sale (for example it is being gifted), the statutory declarations are not required.
In such a case either:
i. Insert the following statement into one of the signature pages for the transfer:
This unit is not being transferred under an agreement of purchase and sale. The Condominium Act section 57 declarations are not required; or
ii. Attach a letter from the buyers’ or sellers’ lawyer making that statement.
b. The unit is sold by court order or pursuant to an order in mortgage sale proceedings.
In such a case either:
i. Insert the following statement into one of the signature pages of the transfer: The Transfer of this unit is exempt under The Condominium Act s. 46. The Condominium Act s. 57 declarations are not required; or
ii. Attach a letter from the buyer’s or seller’s lawyer making that statement.