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    Navtaj Chandhoke
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    MUNICIPAL TAX SALES RULES ONTARIO REGULATION 1

    Municipal Act, 2001

    ONTARIO REGULATION 1

    81/03

    MUNICIPAL TAX SALES

    RULES

    Consolidation Period:

    From January 1, 2007 to the

    e

    –

    Laws currency date

    .

    Last amendment: O.Reg. 580/06.

    PART I

    INTERPRETATION AND F

    ORMS

    Definitions

    1.

    In this Regulation,

    parcel of land from the first day of advertising of the parcel for sale by public sale until the

    day

    Reg. 181/03,

    s.

    1.

    Public sale of land

    2.

    A public sale of land under the Act shall be conducted in accordance with t

    his Regulation.

    O.

    Reg. 181/03, s.

    2.

    Required information on documents

    3.

    (1) A tax arrears certificate shall contain the information set out in Schedule 1. O.

    Reg.

    181/03, s.

    3

    (1).

    (2) 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 this Regulation shall contain the information set out in

    Schedule 2. O.

    Reg. 181/03, s.

    3

    (2); O.

    Reg. 580/06, s.

    1.

    (3) A tax deed and the statement of compliance related to it, as req

    uired by clause 379 (5) (a)

    and subsection 379 (6) of the Act, shall contain the information set out in Schedule 3. O.

    Reg.

    181/03, s.

    3

    (3).

    (4) A notice of vesting and the statement of compliance related to it, as required by clause 379

    (5) (b) and subs

    ection 379 (6) of the Act, shall contain the information set out in Schedule 4.

    O.

    Reg. 181/03, s.

    3

    (4).

    Forms

    4.

    (1) A notice required by section 374 of the Act shall be in Form 1. O.

    Reg. 181/03, s.

    4

    (1).

    (2) A statutory declaration required by subs

    ection 374 (3) of the Act shall be in Form

    2. O.

    Reg.

    181/03, s.

    4

    (2).

    (3) A final notice required by subsection 379 (1) of the Act shall be in Form 3. O.

    Reg. 181/03,

    s.

    4

    (3).

    (4) A statutory declaration required by subsection 379 (2) of the Act shall

    be in Form

    4. O.

    Reg.

    181/03, s.

    4

    (4).

    (5) The statement required by subsection 380 (2) of the Act shall be in Form 5. O.

    Reg. 181/03,

    s.

    4

    (5).

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

    Reg. 580/06,

    s.

    2.

    PART I

    I

    SALE BY PUBLIC TENDE

    R

    Advertisement

    5.

    (1) If the treasurer conducts a sale by public tender, the advertisement required by clause

    379 (2) (b) of the Act shall be in Form 6 and the treasurer shall allow at least seven days after

    the publication of the

    last advertisement in

    The Ontario Gazette

    or newspaper or, where there is

    no newspaper, the posting of the notice, for the submission of tenders. O.

    Reg. 181/03, s.

    5

    (1).

    (2) An advertisement may relate to the sale of any number of parcels of land. O.

    Re

    g. 181/03,

    s.

    5

    (2).

    Tender

    6.

    (1) A tender shall be in Form 7 and shall be,

    (a) typewritten or legibly handwritten in ink;

    (b) accompanied by a deposit of at least 20 per cent of the tender amount, which deposit

    shall be made by way of money order or by

    way of bank draft or cheque certified by

    a bank or trust corporation;

    (c) submitted in a sealed envelope which indicates on it that it is a tax sale and provides

    a short description or municipal address of the land sufficient to permit the treasurer

    to id

    entify the parcel of land to which the tender relates; and

    (d) addressed to the treasurer. O.

    Reg. 181/03, s.

    6

    (1).

    (2) A tender shall relate to only one parcel of land. O.

    Reg. 181/03, s.

    6

    (2).

    Receipt of tender

    7.

    (1) On receiving an envelope identi

    fied as containing a tender, the treasurer shall mark on it

    the time and date on which it was received and shall retain it unopened in a safe place. O.

    Reg.

    181/03, s.

    7

    (1).

    (2) For the purposes of this Part, where two or more tenders are equal, the tend

    er that was

    received earlier shall be deemed to be the higher. O.

    Reg. 181/03, s.

    7

    (2).

    Withdrawn tender

    8.

    received by the treasurer before 3 p.m. local time on

    the last date for receiving tenders. O.

    Reg.

    181/03, s.

    8

    (1).

    (2) The envelope containing a withdrawn tender shall be opened at the time of the opening of

    the sealed envelopes. O.

    Reg. 181/03, s.

    8

    (2).

    Opening of tenders

    9.

    (1) The treasurer, at a pl

    ace in the municipality that is open to the public, shall open the

    sealed envelopes containing the tenders as soon as possible after 3 p.m. local time on the last

    date for receiving tenders. O.

    Reg. 181/03, s.

    9

    (1).

    (2) The sealed envelopes shall be open

    ed in the presence of at least one person who did not

    submit a tender, which person may be a municipal employee. O.

    Reg. 181/03, s.

    9

    (2).

    (3) After opening the sealed envelopes, the treasurer shall examine their contents and shall

    reject every tender tha

    t,

    (a) is not equal to or greater than the minimum tender amount as shown in the

    advertisement;

    (b) does not comply with section 6;

    (c) includes any term or condition not provided for in this Regulation; or

    (d) has been withdrawn as set out in subsection 8

    (1). O.

    Reg. 181/03, s.

    9

    (3).

    (4) After complying with subsection (3), the treasurer shall reject all but the two highest of the

    remaining tenders. O.

    Reg. 181/03, s.

    9

    (4).

    (5) Every rejected tender shall be returned to the tenderer together with the

    if any, and a statement of the reason for rejection. O.

    Reg. 181/03, s.

    9

    (5).

    Notice of vesting

    10.

    If, after complying with section 9, no tenders remain, the treasurer shall declare that there is

    no successful purchaser. O.

    Reg. 181/

    03, s.

    10.

    Two remaining tenders

    11.

    (1) If, after complying with section 9, two tenders remain, the treasurer shall immediately

    notify the higher tenderer, by ordinary mail sent to the address shown in the tender, that the

    tenderer will be declared to b

    e the successful purchaser if, within 14 days of the mailing of the

    notice, the balance of the amount tendered, the applicable land transfer tax and the

    accumulated taxes are paid, in cash, to the treasurer. O.

    Reg. 181/03, s.

    11

    (1).

    (2) If the higher te

    nderer makes the payment as set out in subsection (1), the treasurer shall

    declare the tenderer to be the successful purchaser. O.

    Reg. 181/03, s.

    11

    (2).

    (3) If the higher tenderer does not make the payment as set out in subsection (1), the

    posit shall be immediately forfeited to the municipality and the treasurer shall offer

    the parcel of land to the lower tenderer in accordance with section 12. O.

    Reg. 181/03, s.

    11

    (3).

    One remaining tender

    12.

    (1) If, after complying with section 9, onl

    y one tender remains or if, in accordance with

    subsection 11 (3), the treasurer is required to offer the parcel of land to the lower tenderer, the

    treasurer shall immediately notify the tenderer, by ordinary mail sent to the address shown in

    the tender, th

    at the tenderer will be declared to be the successful purchaser if, within 14 days of

    the mailing of the notice, the balance of the amount tendered, the applicable land transfer tax

    and the accumulated taxes are paid, in cash, to the treasurer. O.

    Reg. 181

    /03, s.

    12

    (1).

    (2) If the tenderer makes the payment as set out in subsection (1), the treasurer shall declare

    the tenderer to be the successful purchaser. O.

    Reg. 181/03, s.

    12

    (2).

    (3) If the tenderer does not make the payment as set out in subsection

    (1),

    (a) the treasurer shall declare that there is no successful purchaser and may register a

    notice of vesting in the name of the municipality; and

    Reg.

    181/03, s.

    12

    (3).

    PART III

    SALE BY PUBLIC AUCTI

    ON

    Advertisement

    13.

    (1) If the treasurer conducts a sale by public auction, the advertisement required by clause

    379 (2) (b) of the Act shall be in Form 8 and the treasurer shall allow at least seven days after

    the publicat

    ion of the last advertisement in

    The Ontario Gazette

    or newspaper or, where there is

    no newspaper, the posting of the notice, before holding the auction. O.

    Reg. 181/03, s.

    13

    (1).

    (2) The auction shall be held at such place in the upper

    –

    tier municipality

    or single

    –

    tier

    municipality or, in the case of unorganized territory, in the territorial district in which the land is

    located as the treasurer may name in the advertisement. O.

    Reg. 181/03, s.

    13

    (2).

    (3) An advertisement may relate to the sale of any n

    umber of parcels of land. O.

    Reg. 181/03,

    s.

    13

    (3).

    Auctioneer

    14.

    (1) The treasurer or such other person as the treasurer may name shall act as auctioneer.

    O.

    Reg. 181/03, s.

    14

    (1).

    (2) The auctioneer shall open the auction by declaring the tax sale

    officially open and by

    reading out sections 15, 16, 17 and 18. O.

    Reg. 181/03, s.

    14

    (2).

    Duties of auctioneer

    15.

    For each parcel of land to be sold during the auction, the auctioneer shall,

    (a) in opening or reopening the bidding on the parcel, state th

    e minimum bid as set out in

    the advertisement;

    (b) acknowledge each bidder, repeat each bid made and call for higher bids; and

    (c) if no higher bid is made, repeat the last bid three times and if there is still no higher

    bid, acknowledge the highest bidder

    . O.

    Reg. 181/03, s.

    15.

    Highest bidder is purchaser

    16.

    The highest bidder shall be declared to be the successful purchaser if the bidder

    immediately pays the amount bid, the applicable land transfer tax and the accumulated taxes, in

    cash, to the auction

    eer. O.

    Reg. 181/03, s.

    16.

    Failure to pay

    17.

    If the highest bidder fails to make the payment as set out in section 16 and the bidding has

    not been previously reopened under this Regulation, the auctioneer shall immediately reopen

    the bidding. O.

    Reg. 18

    1/03, s.

    17.

    No bids

    18.

    If no bid is made for a parcel of land after the opening of the bidding or if, after the

    reopening of the bidding under section 17, no bid is made or there is no successful purchaser,

    the auctioneer shall declare that there is no

    successful purchaser. O.

    Reg. 181/03, s.

    18.

    Receipt

    19.

    The auctioneer shall issue a receipt to the successful purchaser for the amounts received

    under section 16 and the receipt shall include a legal description of the parcel of land and the

    name of the

    purchaser and the name in which the tax deed will be registered. O.

    Reg. 181/03,

    s.

    19.

    Auction closed

    20.

    The auctioneer shall declare the auction closed upon completion of the bidding on all the

    parcels of land offered for sale in the auction. O.

    Reg.

    181/03, s.

    20.

    List

    21.

    The auctioneer shall prepare and keep a list showing each parcel of land offered for sale in

    the auction and the name and address of the successful purchaser or, where there is no

    successful purchaser, that there is no successful

    purchaser. O.

    Reg. 181/03, s.

    21.

    PART IV

    GENERAL

    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 imprac

    tical 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. O.

    Reg. 580/06,

    s.

    3.

    (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. O.

    Reg. 580/06, s.

    3.

    (3) Subsection (2) do

    es not prevent the treasurer from registering a new tax arrears certificate

    and proceeding under Part XI of the Act. O.

    Reg. 580/06, s.

    3.

    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.

    O.

    Reg. 580/06, s.

    3.

    Regi

    stration

    23.

    As soon as possible after a successful purchaser is declared in a sale under the Act, the

    treasurer shall prepare and register the necessary documents in accordance with the Act.

    O.

    Reg. 181/03, s.

    23.

    Condition

    24.

    Before registering a tax

    deed or a notice of vesting in respect of land that is in a local

    municipality referred to in Schedule 2 to Regulation 995 of the Revised Regulations of Ontario,

    1990 (Forms and Records) made under the

    Registry Act

    , the treasurer shall obtain a statement

    i

    n Form 9 signed by an authorized employee of the Ministry of Northern Development and

    Mines. O.

    Reg. 181/03, s.

    24; O.

    Reg. 580/06, s.

    4.

    Method of payment

    25.

    Subject to clause 6 (1) (b), any payment required by this Regulation to be made in cash

    may be

    made by way of cash or money order or by way of bank draft or cheque certified by a

    bank or trust corporation. O.

    Reg. 181/03, s.

    25.

    Forfeited funds

    26.

    All deposits forfeited under this Regulation to a municipality shall form part of the general

    funds o

    f the municipality. O.

    Reg. 181/03, s.

    26.

    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

    . O.

    Reg. 580/06,

    s.

    5.

    (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 amend

    ed by the

    Municipal Statute Law Amendment Act, 2006

    .

    O.

    Reg. 580/06, s.

    5.

    28.

    Omitted (revokes other Regulations). O.

    Reg. 181/03, s.

    28.

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