87006 Power of Sale – Notice of Lien – Mining Tax Act
Bulletin information:
Issue Date: June 5, 1987
Legislation: The Mining Tax Act
Bulletin content:
Section 21 of the Mining Tax Act, R.S.O. 1980, c. 269 was re-enacted in the Mining Tax Amendment Act, 1987, S.O. 1987, c. 11.
Subsection 21(1) adopts the legal rights and remedies available to the Minister of Revenue under the Corporate Tax Act, R.S.O.1980, c. 97, to enforce payment and effect collection of unpaid taxes due under the Act. Pursuant to section 93 of the Corporations Tax Act, taxes, interest, penalties, costs and other amounts are a first lien and charge upon real property in Ontario or any interest therein.
Subsection 21(2) provides for the expiry of unregistered liens under the repealed provisions of section 21 unless a claim has been made in a proceeding or other steps have been taken by the Ministry with respect to the unregistered lien, or notice of the lien is registered on title to the property in question prior to January 1, 1988.
Land registrars are advised that a notice of lien under the Mining Tax Act registered subsequent to a charge should not be deleted upon the registration of a transfer under a power of sale. In order for such a notice to be deleted from the parcel register, a discharge from the Corporations Tax Branch of the Ministry of Revenue must be registered.