hordruma/ontario_laws_and_regs huggingface dataset:
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Inspection without warrant
359 (1) The following apply to an inspection under this Part carried out without a warrant: 1. At least seven days before entering to carry out an inspection, the City shall, by personal service or by prepaid mail, serve a written notice of the inspection on the owners and occupants of the land as shown by the records of the land registry office and by the last returned assessment roll for the City. 2. The notice shall specify the date on which the City intends to enter on the land to commence the inspection. 3. If the City intends to enter on the land more than once during a period of time, the notice shall specify that period. 4. If the City intends to leave equipment on the land for a period of time, the notice shall set out a description of the equipment and the period of time during which the City intends to leave it on the land. 5. A notice served under this section by prepaid mail is deemed to have been received on the fifth day after the date of mailing of the notice. 6. The City shall not use force against any individual in carrying out the inspection. 7. The City shall only enter on land to carry out an inspection between the hours of 6 a.m. and 9 p.m. unless, after or concurrent with serving the notice under paragraph 1, the City has given at least 24 hours written notice of the intent to inspect the land at other hours to the occupants by personal service, prepaid mail or by posting the notice on the land in a conspicuous place.  2006, c. 11, Sched. A, s. 359 (1). Waiver of requirements (2) The owners and occupants may waive any requirements relating to the notice described in paragraph 1 of subsection (1).  2006, c. 11, Sched. A, s. 359 (2). Same (3) The occupants may waive any requirements relating to entries described in paragraph 7 of subsection (1).  2006, c. 11, Sched. A, s. 359 (3).
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Inspection warrant
360 (1) The City may apply to a provincial judge or a justice of the peace for a warrant authorizing a person named in the warrant to inspect land.  2006, c. 11, Sched. A, s. 360 (1). Notice of application for warrant (2) The City shall give the owners and occupiers of the land seven days written notice of, (a) the time when and the place where the application for the issuance or extension of a warrant is to be considered; (b) the purpose of the application and the effect of the application being granted; (c) the length of time the City is asking for a warrant to be issued or extended; (d) the right of an owner or occupant or an agent of an owner or occupant to appear and make representations; and (e) the fact that if the owner, occupant or agent fails to appear, the judge or justice of the peace may issue or extend the warrant in their absence.  2006, c. 11, Sched. A, s. 360 (2). Right to be heard (3) A person who is served with a notice under subsection (2) or an agent of that person has the right to appear and make representations when the application is being considered.  2006, c. 11, Sched. A, s. 360 (3). Issue of warrant (4) The judge or justice of the peace may issue a warrant authorizing a person to inspect land if the judge or justice of the peace is satisfied by evidence under oath that, (a) inspection of the land is reasonably necessary for the purposes set out in subsection 358 (1); (b) a notice has been served upon the owners and occupants of the land in accordance with paragraphs 1, 2, 3, 4 and 5 of subsection 359 (1); and (c) the City has been prevented or is likely to be prevented from entering on the land or exercising any of its other powers or the entrance to the land is locked or the land is otherwise inaccessible.  2006, c. 11, Sched. A, s. 360 (4). Execution (5) A warrant shall specify the hours and days during which it may be executed and name a date on which it expires and may specify a period of time during which equipment may be left on the land.  2006, c. 11, Sched. A, s. 360 (5).
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Inspection with warrant
361 The following apply to an inspection carried out by a person with a warrant: 1. The warrant shall be executed between the hours of 6 a.m. and 9 p.m. unless it provides otherwise. 2. The person may use such force as is reasonably necessary to execute the warrant and call on police officers to assist in the execution of the warrant.  2006, c. 11, Sched. A, s. 361.
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Obstruction
362 (1) Where a person is carrying out an inspection under section 358 without a warrant, a refusal by the owner or occupant of land to allow the person to enter or remain on the land is not obstruction within the meaning of subsection 367 (1).  2006, c. 11, Sched. A, s. 362 (1). Refusal to answer (2) A refusal to answer the inquiries of a person carrying out an inspection under section 358 is not obstruction within the meaning of subsection 367 (1).  2006, c. 11, Sched. A, s. 362 (2).
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Regulations
363 (1) The Minister of Municipal Affairs and Housing may make regulations prescribing rules for the sale of land under this Part by public sale and the rules, (a) shall set out the method of determining a successful purchaser; (b) may require the submission of deposits, in such amount and in such form as may be set out in the rules, and for the forfeiture and disposition thereof.  2006, c. 11, Sched. A, s. 363 (1). Forms (2) The Minister of Municipal Affairs and Housing may make regulations, (a) requiring that any certificate, notice, statutory declaration, advertisement, tender, tax deed or statement referred to in this Part contain the provisions prescribed, be in a prescribed form or be in a form approved by the Minister, including an electronic form; (b) providing for the use of the forms described in clause (a), which may vary for different land registration systems and areas; (c) governing advertising under clause 350 (2) (b) and clause 350 (2.0.1) (b). 2006, c. 11, Sched. A, s. 363 (2); 2017, c. 10, Sched. 2, s. 59. Regulations, s. 352 (3) (3) The Minister may make regulations prescribing matters for the purposes of subsection 352 (3). 2015, c. 38, Sched. 7, s. 45 (18). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 45 (18) - 10/12/2016 2017, c. 10, Sched. 2, s. 59 - 01/01/2018
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Transition, prior registrations
364 (1) This section applies to land in respect of which a tax arrears certificate was registered under the Municipal Affairs Act, being chapter 303 of the Revised Statutes of Ontario, 1980, before January 1, 1985 or a certificate was given under section 433 of the Municipal Act, being chapter 302 of the Revised Statutes of Ontario, 1980, before January 1, 1985.  2006, c. 11, Sched. A, s. 364 (1). Notice of forfeiture registered (2) If, before January 1, 2004, a notice of forfeiture was registered with respect to any land under section 23 of the Municipal Tax Sales Act, 1984, the land is vested in the City upon registration of the notice in accordance with that section as it read on December 31, 2002.  2006, c. 11, Sched. A, s. 364 (2); 2015, c. 38, Sched. 7, s. 45 (19). Certificate registered (3) If, before January 1, 1985, a tax arrears certificate was registered under the Municipal Affairs Act
in respect of any land and a tax arrears cancellation certificate was registered with respect to the land between January 1, 2003 and January 1, 2004 under subsection 388 (3) of the Municipal Act, 2001, as it read during the period between January 1, 2003 and January 1, 2004, the tax arrears certificate is cancelled.  2006, c. 11, Sched. A, s. 364 (3); 2006, c. 32, Sched. B, s. 70 (1). Effect of registration (4) Registration of a tax arrears cancellation certificate in accordance with subsection (3) does not, (a) prevent the treasurer from registering a new tax arrears certificate and proceeding under this Part; or (b) relieve the taxpayer of any liability to pay real property taxes imposed under this Act or a predecessor of this Act before registration of the certificate.  2006, c. 11, Sched. A, s. 364 (4). No registration (5) If, before January 1, 2004, no notice of forfeiture or tax arrears cancellation certificate was registered in accordance with subsection (2) or (3), the land is deemed to vest in the City in fee simple, together with all rights, privileges and appurtenances, free from all estates and interest, except, (a) easements and restrictive covenants that run with the land; (b) any estates and interests of the Crown in right of Canada or in right of Ontario; and (c) any interest or title acquired by adverse possession by abutting landowners before the day of the deemed vesting.  2006, c. 11, Sched. A, s. 364 (5); 2006, c. 32, Sched. B, s. 70 (2); 2015, c. 38, Sched. 7, s. 45 (20). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 70 (1, 2) - 01/01/2007 2015, c. 38, Sched. 7, s. 45 (19, 20) - 10/12/2016
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Transition, certificate registered before Forfeited Corporate Property Act, 2015
364.1 If, before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force, a tax arrears certificate is registered in respect of land, this Act as it read immediately before the coming into force of that section applies in respect of the proceedings or other steps that may be taken as a result of the registration of that certificate. 2015, c. 38, Sched. 7, s. 45 (21). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 45 (21) - 10/12/2016
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Transition, certificate registered before this section comes into force
364.2 If, before the day this section comes into force, a tax arrears certificate is registered in respect of land, this Part as it read immediately before the coming into force of this section applies in respect of the proceedings or other steps that may be taken as a result of the registration of that certificate. 2017, c. 10, Sched. 2, s. 60. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 60 - 01/01/2018
PART XIV SALE OF LAND FOR TAX ARREARS (REAL PROPERTY TAXES)
Restriction
365 Despite the order of any court, after January 1, 2003, no person may apply to the Minister of Municipal Affairs and Housing to make a direction to a treasurer under section 46 of the Municipal Affairs Act, being chapter 303 of the Revised Statutes of Ontario, 1980.  2006, c. 11, Sched. A, s. 365. part XV   enforcement Offences and Penalties
PART XV ENFORCEMENT
Authority to create offences
366 (1) The City may pass by-laws providing that a person who contravenes a by-law of the City passed under this Act is guilty of an offence.  2006, c. 11, Sched. A, s. 366 (1). Same (2) The police services board of the City may pass by-laws providing that a person who contravenes a by-law of the board passed under this Act is guilty of an offence.  2006, c. 11, Sched. A, s. 366 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 366 (2) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 10 (16)) Directors and officers (3) A by-law under this section may provide that a director or officer of a corporation who knowingly concurs in the contravention of a by-law by the corporation is guilty of an offence.  2006, c. 11, Sched. A, s. 366 (3). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 11 (16) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 10 (16) - not in force
PART XV ENFORCEMENT
Offence re obstruction, etc.
367 (1) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a by-law passed under this Act.  2006, c. 11, Sched. A, s. 367 (1). Occupied dwellings (2) A refusal of consent to enter or to remain in a room or place actually used as a dwelling does not constitute hindering or obstruction within the meaning of subsection (1) unless the City is acting under an order under section 378 or a warrant under section 379 or in the circumstances described in clause 377 (d) or (e).  2006, c. 11, Sched. A, s. 367 (2). Orders under s. 378 (3) No person shall neglect or refuse to produce any information or thing or to provide any information required by any person acting pursuant to an order under section 378.  2006, c. 11, Sched. A, s. 367 (3). Offence (4) Any person who contravenes subsection (1) or (3) is guilty of an offence.  2006, c. 11, Sched. A, s. 367 (4). Same, director or officer (5) Every director or officer of a corporation who knowingly concurs in the contravention by the corporation under subsection (1) or (3) is guilty of an offence.  2006, c. 11, Sched. A, s. 367 (5).
PART XV ENFORCEMENT
Offence re accessible parking
368 A by-law establishing a system of accessible parking shall provide that every person who contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not less than $300.  2009, c. 33, Sched. 26, s. 1 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 26, s. 1 (3) - 15/12/2009
PART XV ENFORCEMENT
Offence re illegally parked vehicle
369 A by-law may provide that, where a vehicle has been left parked, stopped or standing in contravention of a by-law passed under this Act, the owner of the vehicle is guilty of an offence, even though the owner was not the driver of the vehicle at the time of the contravention of the by-law, and is liable to the applicable fine unless, at the time of the offence, the vehicle was in the possession of another person without the owner’s consent.  2006, c. 11, Sched. A, s. 369.
PART XV ENFORCEMENT
Authority to establish fines
370 (1) Subject to subsection (4), the City may establish a system of fines for offences under a by-law passed under this Act.  2006, c. 11, Sched. A, s. 370 (1). Same (2) Without limiting subsection (1), a system of fines may, (a) designate an offence as a continuing offence and provide for a minimum and maximum fine for each day or part of a day that the offence continues; (b) designate an offence as a multiple offence and provide for a minimum and maximum fine for each offence included in the multiple offence; (c) establish escalating fines for a second and subsequent convictions for the same offence; and (d) establish special fines in addition to the regular fine for an offence which are designed to eliminate or reduce any economic advantage or gain from contravening the by-law.  2006, c. 11, Sched. A, s. 370 (2). Restrictions (3) The following rules apply to the system of fines: 1. A minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000.  However, a special fine may exceed $100,000. 2. In the case of a continuing offence, for each day or part of a day that the offence continues, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000.  However, despite paragraph 1, the total of all of the daily fines for the offence is not limited to $100,000. 3. In the case of a multiple offence, for each offence included in the multiple offence, a minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000.  However, despite paragraph 1, the total of all fines for each included offence is not limited to $100,000.  2006, c. 11, Sched. A, s. 370 (3). Same, fine under another Act (4) If the provisions of any other Act, other than the Provincial Offences Act, provide for the fines for a contravention of a city by-law, the City cannot establish a system of fines under this section with respect to the by-law.  2006, c. 11, Sched. A, s. 370 (4). Definition (5) In this section, “multiple offence” means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of a by-law.  2006, c. 11, Sched. A, s. 370 (5).
PART XV ENFORCEMENT
Offences re ozone depleting substances
371.1 (1) If a corporation is convicted of an offence under a by-law described in subsection (2), every director or officer of the corporation who knowingly concurred in the contravention of the by-law is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year.  2006, c. 32, Sched. B, s. 71. Substance of by-law (2) A by-law for the purpose of subsection (1) is a by-law for regulating the disposal of ozone depleting substances and for regulating the testing, servicing and repair of products, materials and equipment containing or manufactured using ozone depleting substances.  2006, c. 32, Sched. B, s. 71. Penalty (3) The penalty provided for in subsection (1) may be imposed in addition to or instead of any fine that may be imposed.  2006, c. 32, Sched. B, s. 71. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 71 - 01/01/2007
PART XV ENFORCEMENT
Deemed by-law re ozone depleting substances
371.2 (1) On the day section 371.1 comes into force, the City is deemed to have passed a by-law under sections 366 and 370 providing that, (a) a person who contravenes a by-law described in subsection 371.1 (2) is guilty of an offence and upon conviction is liable to a fine not exceeding $5,000; (b) a corporation that contravenes a by-law described in subsection 371.1 (2) is guilty of an offence and upon conviction is liable to a fine not exceeding $50,000; and (c) a director or officer of a corporation who knowingly concurs in the contravention of a by-law described in subsection 371.1 (2) by the corporation is guilty of an offence and subject to a fine not exceeding $10,000.  2006, c. 32, Sched. B, s. 71. Power of City (2) The City may amend or repeal the deemed by-law.  2006, c. 32, Sched. B, s. 71. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 71 - 01/01/2007
PART XV ENFORCEMENT
Additional order to discontinue or remedy
372 If any city by-law or by-law of a local board of the City under this or any other Act is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order, (a) prohibiting the continuation or repetition of the offence by the person convicted; and (b) in the case of a by-law described in section 104 or 105, requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.  2006, c. 11, Sched. A, s. 372; 2006, c. 32, Sched. B, s. 72. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 72 - 01/01/2007
PART XV ENFORCEMENT
Payments out of court
373 A by-law under section 366 may establish a procedure for the voluntary payment of penalties out of court where it is alleged that any of the following by-laws have been contravened: 1. By-laws related to the parking, standing or stopping of vehicles. 2. By-laws related to animals being at large or trespassing.  2006, c. 11, Sched. A, s. 373.
PART XV ENFORCEMENT
City entitlement to fines
374 (1) Except as otherwise provided in this or any other Act, every fine imposed for a contravention of a city by-law or by-law of a local board of the City belongs to the City.  2006, c. 11, Sched. A, s. 374 (1). Proceeds in cases of obstruction (2) The proceeds of any fine imposed in a prosecution conducted by the City for an offence under section 367 shall be paid to the city treasurer, and section 2 of the Administration of Justice Act
and section 4 of the Fines and Forfeitures Act do not apply with respect to that fine.  2006, c. 11, Sched. A, s. 374 (2).
PART XV ENFORCEMENT
Administrative penalties
374.1 (1) Without limiting sections 7 and 8, the City may require a person, subject to such conditions as the City considers appropriate, to pay an administrative penalty if the City is satisfied that the person has failed to comply with a by-law of the City passed under this Act. 2017, c. 10, Sched. 2, s. 61. Purpose of administrative penalties (2) The purpose of a system of administrative penalties established by the City under this section shall be to assist the City in promoting compliance with its by-laws. 2017, c. 10, Sched. 2, s. 61. Monetary limit (3) The amount of an administrative penalty established by the City, (a) shall not be punitive in nature; and (b) shall not exceed the amount reasonably required to promote compliance with a by-law of the City. 2017, c. 10, Sched. 2, s. 61. Effect on offences (4) If a person is required by the City to pay an administrative penalty under subsection (1) in respect of a contravention, the person shall not be charged with an offence in respect of the same contravention. 2017, c. 10, Sched. 2, s. 61. Regulations (5) The Minister may make regulations providing for any matters which, in the Minister’s opinion, are necessary or desirable for the purposes of this section, including, (a) granting the City powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties; (b) imposing conditions and limitations on the City’s powers with respect to administrative penalties. 2017, c. 10, Sched. 2, s. 61. Section Amendments with date in force (d/m/y) 2006, c. 11, Sched. B, s. 3 (4) - no effect - see 2009, c. 33, Sched. 21, s. 12 - 25/10/2010 2017, c. 10, Sched. 2, s. 61 - 30/05/2017
PART XV ENFORCEMENT
Debt
374.2 (1) An administrative penalty imposed by the City on a person under section 374.1 constitutes a debt of the person to the City. 2017, c. 10, Sched. 2, s. 61. Amount owing added to tax roll (2) If an administrative penalty imposed under section 374.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of the City may add the administrative penalty to the tax roll for any property in the City for which all of the owners are responsible for paying the administrative penalty, and collect it in the same manner as municipal taxes. 2017, c. 10, Sched. 2, s. 61. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 61 - 30/05/2017
PART XV ENFORCEMENT
Authority to establish limitation period re s. 166 or 167
374.3 (1) The City may pass a by-law providing that no proceeding in respect of an offence under a by-law relating to a matter described in section 166 or 167 shall be commenced more than two years after the time when the subject-matter of the proceeding arose. 2017, c. 10, Sched. 2, s. 62. Transition (2) A by-law passed under subsection (1) does not apply if the subject-matter of the proceeding arose more than six months before the day the by-law is passed. 2017, c. 10, Sched. 2, s. 62. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 2, s. 62 - 30/05/2017 Powers of Entry