O. Reg. 580/06: Municipal Tax Sales Rules

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ontario regulation 580/06

made under the

Municipal act, 2001

Made: December 21, 2006
Filed: December 27, 2006
Published on e-Laws: December 29, 2006
Printed in The Ontario Gazette: January 13, 2007

Amending O. Reg. 181/03

(Municipal Tax Sales Rules)

1. Subsection 3 (2) of Ontario Regulation 181/03 is amended by adding “or subsection 22 (2) of this Regulation” after “382 (3) or (6) of the Act”.

2. Section 4 of the Regulation is amended by adding the following subsection:

(6) A notice required by subsection 380.1 (2) of the Act shall be in Form 10.

3. Section 22 of the Regulation is revoked and the following substituted:

Postponement of sale

22. (1) If, after a public sale under the Act is advertised in accordance with clause 379 (2) (b) of the Act, the treasurer is of the opinion that completing the sale would be impractical or would be unfair to the bidders or tenderers, the treasurer may postpone the sale and conduct it on a later date after readvertising it in accordance with clause 379 (2) (b) of the Act.

(2) If a public sale is postponed under subsection (1) and the rescheduled sale does not occur within 90 days after the date that was originally advertised for the sale, the treasurer shall immediately register a tax arrears cancellation certificate.

(3) Subsection (2) does not prevent the treasurer from registering a new tax arrears certificate and proceeding under Part XI of the Act.

Returning tenders

22.1 If the treasurer postpones or cancels a sale by public tender, the treasurer shall,

(a) open the sealed envelopes, if he or she has not already done so; and

(b) return to the tenderers any tenders that he or she retains together with the appropriate deposits, if any, and a statement setting out the reason for the return.

4. Section 24 of the Regulation is amended by striking out “Regulation 995 of the Revised Regulations of Ontario, 1990” and substituting “Regulation 995 of the Revised Regulations of Ontario, 1990 (Forms and Records) made under the Registry Act”.

5. Section 27 of the Regulation is revoked and the following substituted:

Transition

27. (1) If a tax arrears certificate in respect of vacant land has been registered before January 1, 2003 in accordance with clause 3 (1) (b) of the Municipal Tax Sales Act, as it read before January 1, 2003, the proceedings in respect of the sale of that land may continue even though the period in which the tax arrears were owing before the registration of the certificate may be less than the period specified in subsection 373 (1) of the Municipal Act, 2001.

(2) If a tax arrears certificate in respect of land has been registered before January 1, 2007, the proceedings in respect of the sale of that land may continue as if the certificate had been registered under the Act as amended by the Municipal Statute Law Amendment Act, 2006.

6. Subparagraph 5 (ii) of Schedule 1 to the Regulation is amended by striking out “will be higher” and substituting “may be higher”.

7. Schedule 2 to the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

A tax arrears cancellation certificate referred to in subsection 375 (2), 378 (6) or 382 (3) or (6) of the Act or subsection 22 (2) of the regulation shall contain the following information:

. . . . .

8. Subparagraph 5 (ii) of Schedule 3 to the Regulation is revoked and the following substituted:

(ii) notices were sent and statutory declarations were made in substantial compliance with the applicable provisions of the Municipal Act, 2001, the Municipal Tax Sales Act, as it read before January 1, 2003, and the regulations under those Acts,

9. (1) Paragraph 4 of Schedule 4 to the Regulation is revoked and the following substituted:

4. A statement that, by virtue of the Municipal Act, 2001, the registration of the notice of vesting vests in the municipality or board an estate in fee simple in the land together with all rights, privileges and appurtenances and free from all estates and interests, including all estates and interests of the Crown in right of Ontario, except,

(i) easements and restrictive covenants that run with the land, including those for the benefit of the Crown in right of Ontario,

(ii) any estates and interests of the Crown in right of Canada, and

(iii) any interest or title acquired by adverse possession by abutting landowners, including the Crown in right of Ontario, before registration of the notice of vesting.

(2) Subparagraph 6 (ii) of Schedule 4 to the Regulation is revoked and the following substituted:

(ii) notices were sent and statutory declarations were made in substantial compliance with the applicable provisions of the Municipal Act, 2001, the Municipal Tax Sales Act, as it read before January 1, 2003, and the regulations under those Acts,

10. The English version of Form 5 of the Regulation is revoked and the following substituted:

FORM 5
PAYMENT INTO COURT — STATEMENT OF FACTS

Municipal Act, 2001

Insert regs\Graphics\Source Law\2006\580\580005ae.tif

11. Form 6 of the Regulation is revoked and the following substituted:

FORM 6
SALE OF LAND BY PUBLIC TENDER

Municipal Act, 2001

Insert regs\Graphics\Source Law\2006\580\580006ae.tif

12. Form 8 of the Regulation is revoked and the following substituted:

FORM 8
SALE OF LAND BY PUBLIC AUCTION

Municipal Act, 2001

Insert regs\Graphics\Source Law\2006\580\580008ae.tif

13. The Regulation is amended by adding the following Form:

FORM 10
FINAL NOTICE OF READVERTISEMENT

Municipal Act, 2001

Insert regs\Graphics\Source Law\2006\580\580010ae.tif

14. This Regulation comes into force on the later of the day it is filed and the day section 156 of Schedule A to the Municipal Statute Law Amendment Act, 2006 comes into force.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

John Philip Gerretsen

Minister of Municipal Affairs and Housing

Date made: December 21, 2006.
Pris le : 21 décembre 2006.

 

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