hordruma/ontario_laws_and_regs huggingface dataset:
PART XI SALE OF LAND FOR TAX ARREARS
383.
383 (1) Subject to proof of fraud, every tax deed and notice of vesting, when registered, is final, binding and conclusive and not subject to challenge for any reason including, (a)  the invalidity of any assessment upon which the tax arrears were based; and (b)  the breach of any requirements, including notice requirements, imposed by this or any other Act or otherwise by law.  2001, c. 25, s. 383 (1). No action (2) No action may be brought for the recovery of the land after the registration of the tax deed or notice of vesting if the statement required by subsection 379 (6) has been registered.  2001, c. 25, s. 383 (2). Exception (3) Subsection (1) does not apply so as to prevent a person from bringing an action for damages against the municipality.  2001, c. 25, s. 383 (3).
PART XI SALE OF LAND FOR TAX ARREARS
384.
384 (1) Despite sections 373, 373.1, 379 and 383, if mining rights in land are liable for taxes under the
Mining Act and the land is sold for taxes or is vested in a municipality under this Act on or after April 1, 1954, the sale or vesting severs the surface rights from the mining rights and only the surface rights pass to the tax sale purchaser or vest in the municipality and the sale or registration does not affect the mining rights.  2001, c. 25, s. 384 (1); 2017, c. 10, Sched. 1, s. 65. Same, earlier vesting (2) Despite this or any other Act but subject to any forfeiture to the Crown legally effected under the Mining Tax Act, if mining rights in land were liable for area tax under the Mining Tax Act and the land was sold for taxes under this Act or was vested in a municipality upon registration of a tax arrears certificate under the Municipal Affairs Act before April 1, 1954 and, before the sale or registration the surface rights were not severed from the mining rights and the sale or certificate purported to vest all rights in the land in the tax sale purchaser or in the municipality, that sale or certificate shall be deemed to have vested in the tax sale purchaser or in the municipality, without severance, both the surface and mining rights.  2001, c. 25, s. 384 (2). Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 65 - 01/01/2018
PART XI SALE OF LAND FOR TAX ARREARS
385.1
385.1 (1) An upper-tier municipality may by by-law enter into an agreement with any local municipality within the upper-tier municipality authorizing the treasurer of the upper-tier municipality to perform the duties of a treasurer under this Part in respect of land within the local municipality and providing for, (a)  the payment to the upper-tier municipality of that portion of the cancellation price that reflects the reasonable costs incurred by the upper-tier municipality; (b)  the method of cancelling any such agreement; and (c)  such other matters as are necessary to carry out the agreement.  2002, c. 17, Sched. A, s. 74. Upper-tier treasurer, etc. (2) Where an agreement is in force under this section, the treasurer of the upper-tier municipality has all of the powers of the treasurer of the local municipality in relation to the collection of tax arrears, including the power to sell land under this Part, and the treasurer of the upper-tier municipality shall perform all of the duties of the treasurer of the local municipality in relation thereto and only the upper-tier municipality may pass by-laws under sections 378 and 385.  2002, c. 17, Sched. A, s. 74. Treasurer of local municipality (3) Where an agreement under this section is in force, the treasurer of the local municipality shall provide the treasurer of the upper-tier municipality with such information and assistance as is needed by the treasurer of the upper-tier municipality to exercise the powers and duties of a treasurer under this Part.  2002, c. 17, Sched. A, s. 74. Cancellation of agreement (4) Subject to the terms of the agreement, the upper-tier municipality may by by-law cancel at any time an agreement entered into under this section.  2002, c. 17, Sched. A, s. 74. Notice of cancellation (5) Where a by-law is passed under subsection (4), the clerk of the municipality passing the by-law shall forthwith send a certified copy of the by-law by registered mail to the treasurer of the other municipality.  2002, c. 17, Sched. A, s. 74. Effect of repeals (6) Where an agreement under this section is cancelled, the treasurer of the local municipality shall assume the duties of a treasurer under this Part in respect of all land within the municipality except the land referred to in subsection (7).  2002, c. 17, Sched. A, s. 74. Same (7) Where an agreement under this section is cancelled, any proceedings under this Part started by the treasurer of the upper-tier municipality in respect of land within the local municipality affected by the repeal or cancellation shall be continued and concluded by the treasurer of the upper-tier municipality.  2002, c. 17, Sched. A, s. 74. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 74 - 01/01/2003
PART XI SALE OF LAND FOR TAX ARREARS
386.
386 (1) No action or other proceeding for damages shall be brought against the treasurer or any officer or employee of the municipality acting under the treasurer’s authority as a result of any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Part or the regulations made under this Part or any neglect or default in the performance or exercise in good faith of such duty or power but any such action or proceeding may be brought against the municipality.  2001, c. 25, s. 386. Delegation (2) The treasurer may, in writing, delegate any power or duty granted to or vested in the treasurer under this Part to any officer or employee of the municipality.  2002, c. 17, Sched. A, s. 75. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 75 - 01/01/2003
PART XI SALE OF LAND FOR TAX ARREARS
386.1
386.1 (1) For the purpose of assisting a municipality to determine whether it is desirable to acquire land that has been offered for public sale under subsection 379 (2) or (2.0.1) but for which there is no successful purchaser, the municipality may, during the 24 months following the public sale referred to in subsection 379 (5), enter on and inspect the land.  2002, c. 17, Sched. A, s. 76 (1); 2006, c. 32, Sched. A, s. 159 (1); 2017, c. 10, Sched. 1, s. 66. Inspections (2) In carrying out an inspection, a municipality may do anything reasonably necessary to carry out an environmental site assessment of the land, including, (a)  conduct surveys, examinations, investigations and tests of the land, including the excavation of test pits, and for those purposes, place equipment on the land for such period as the municipality considers necessary; (b)  take and remove samples or extracts; (c)  make inquiries of any person; and (d)  record or copy information by any method.  2002, c. 17, Sched. A, s. 76 (1). Entry to dwellings (3) A person who is carrying out an inspection on behalf of a municipality under this Part shall not enter or remain in any room or place actually being used as a dwelling unless, (a)  the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, entry made only under the authority of a warrant issued under section 386.3; or (b)  a warrant issued under section 386.3 is obtained.  2002, c. 17, Sched. A, s. 76 (1). (4), (5) Repealed:  2006, c. 32, Sched. A, s. 159 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 76 (1) - 01/01/2003 2006, c. 32, Sched. A, s. 159 (1, 2) - 01/01/2007 2017, c. 10, Sched. 1, s. 66 - 01/01/2018
PART XI SALE OF LAND FOR TAX ARREARS
386.2
386.2 (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 municipality 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 of the municipality in which the land is located. 2.  The notice shall specify the date on which the municipality intends to enter on the land to commence the inspection. 3.  If the municipality intends to enter on the land more than once during a period of time, the notice shall specify that period. 4.  If the municipality 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 municipality intends to leave it on the land. 5.  A notice served under this section by prepaid mail shall be deemed to have been received on the fifth day after the date of mailing of the notice. 6.  A municipality shall not use force against any individual in carrying out the inspection. 7.  A municipality 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 municipality 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.  2002, c. 17, Sched. A, s. 76 (1). Waiver of requirements (2) The owners and occupants may waive any requirements relating to the notice described in paragraph 1 of subsection (1).  2002, c. 17, Sched. A, s. 76 (1). Same (3) The occupants may waive any requirements relating to entries described in paragraph 7 of subsection (1).  2002, c. 17, Sched. A, s. 76 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 76 (1) - 01/01/2003 Inspection warrant
PART XI SALE OF LAND FOR TAX ARREARS
386.3
386.3 (0.1) In this section, “representative” means, in respect of a proceeding under this section, a person authorized under the Law Society Act
to represent an owner or occupant in that proceeding.  2006, c. 21, Sched. C, s. 118 (1). Inspection warrant (1) The municipality 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.  2002, c. 17, Sched. A, s. 76 (1). Notice of application for warrant (2) The municipality 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 municipality is asking for a warrant to be issued or extended; (d)  the right of an owner or occupant or a representative of an owner or occupant to appear and make representations; and (e)  the fact that if the owner, occupant or representative fails to appear, the judge or justice of the peace may issue or extend the warrant in their absence.  2002, c. 17, Sched. A, s. 76 (1); 2006, c. 21, Sched. C, s. 118 (2). Right to be heard (3) A person who is served with a notice under subsection (2) or that person’s representative has the right to appear and make representations when the application is being considered.  2002, c. 17, Sched. A, s. 76 (1); 2006, c. 21, Sched. C, s. 118 (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 386.1 (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 386.2 (1); and (c)  the municipality 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.  2002, c. 17, Sched. A, s. 76 (1). 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.  2002, c. 17, Sched. A, s. 76 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 76 (1) - 01/01/2003 2006, c. 21, Sched. C, s. 118 (1-3) - 01/05/2007
PART XI SALE OF LAND FOR TAX ARREARS
386.4
386.4 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.  2002, c. 17, Sched. A, s. 76 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 76 (1) - 01/01/2003
PART XI SALE OF LAND FOR TAX ARREARS
386.5
386.5 (1) Where a person is carrying out an inspection under section 386.1 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 426 (1).  2002, c. 17, Sched. A, s. 76 (1). Refusal to answer (2) A refusal to answer the inquiries of a person carrying out an inspection under section 386.1 is not obstruction within the meaning of subsection 426 (1).  2002, c. 17, Sched. A, s. 76 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 76 (1) - 01/01/2003
PART XI SALE OF LAND FOR TAX ARREARS
387.
387 (1) The Minister 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; and (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.  2001, c. 25, s. 387 (1). Forms (2) The Minister 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 379 (2) (b) and clause 379 (2.0.1) (b). 2001, c. 25, s. 387 (2); 2017, c. 10, Sched. 1, s. 67. Regulations, subsection 381 (3) (3) The Minister may make regulations prescribing matters for the purposes of subsection 381 (3). 2015, c. 38, Sched. 7, s. 53 (18). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 53 (18) - 10/12/2016 2017, c. 10, Sched. 1, s. 67 - 01/01/2018
PART XI SALE OF LAND FOR TAX ARREARS
388.
388 (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.  2001, c. 25, s. 388 (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 municipality upon registration of the notice in accordance with that section as it read on December 31, 2002.  2001, c. 25, s. 388 (2); 2006, c. 32, Sched. A, s. 160 (1); 2015, c. 38, Sched. 7, s. 53 (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, the tax arrears certificate is cancelled.  2006, c. 32, Sched. A, s. 160 (2). Effect of registration (4) Registration of a tax arrears cancellation certificate under 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.  2001, c. 25, s. 388 (4); 2006, c. 32, Sched. A, s. 160 (3). 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 municipality 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.  2001, c. 25, s. 388 (5); 2006, c. 32, Sched. A, s. 160 (4); 2015, c. 38, Sched. 7, s. 53 (20). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 160 (1-4) - 01/01/2007 2015, c. 38, Sched. 7, s. 53 (19, 20) - 10/12/2016
PART XI SALE OF LAND FOR TAX ARREARS
388.1
388.1 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. 53 (21). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 53 (21) - 10/12/2016
PART XI SALE OF LAND FOR TAX ARREARS
388.2
388.2 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. 1, s. 68. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 68 - 01/01/2018
PART XI SALE OF LAND FOR TAX ARREARS
389.
389 Despite the order of any court, after January 1, 2003, no person may apply to the Ministry 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.  2001, c. 25, s. 389; 2006, c. 32, Sched. A, s. 161. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 161 - 01/01/2007 PART XII   FEES AND CHARGES
PART XII FEES AND CHARGES
390.
390 In this Part, “by-law” includes a resolution for the purpose of a local board; (“règlement municipal”) “fee or charge” means, in relation to a municipality, a fee or charge imposed by the municipality under sections 9, 10 and 11 and, in relation to a local board, a fee or charge imposed by the local board under subsection 391 (1.1); (“droits ou redevances”) “local board” includes any prescribed body performing a public function and a school board but, for the purpose of passing by-laws imposing fees or charges under this Part, does not include a school board or hospital board; (“conseil local”) “person” includes a municipality and a local board and the Crown. (“personne”)  2001, c. 25, s. 390; 2006, c. 32, Sched. A, s. 162. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 162 - 01/01/2007
PART XII FEES AND CHARGES
391.
391 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to impose fees or charges on persons, (a)  for services or activities provided or done by or on behalf of it; (b)  for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and (c)  for the use of its property including property under its control.  2006, c. 32, Sched. A, s. 163 (1). Local board (1.1) A local board may impose fees or charges on persons, (a)  for services or activities provided or done by or on behalf of it; (b)  for costs payable by it for services or activities provided or done by or on behalf of any municipality or other local board; and (c)  for the use of its property including property under its control.  2006, c. 32, Sched. A, s. 163 (1). Deferred benefit (2) A fee or charge imposed for capital costs related to services or activities may be imposed on persons not receiving an immediate benefit from the services or activities but who will receive a benefit at some later point in time.  2006, c. 32, Sched. A, s. 163 (2). Costs related to administration, etc. (3) The costs included in a fee or charge may include costs incurred by the municipality or local board related to administration, enforcement and the establishment, acquisition and replacement of capital assets.  2006, c. 32, Sched. A, s. 163 (3). Fees for mandatory services, etc. (4) A fee or charge may be imposed whether or not it is mandatory for the municipality or local board imposing the fee or charge to provide or do the service or activity, pay the costs or allow the use of its property.  2006, c. 32, Sched. A, s. 163 (3). Conflict (5) In the event of a conflict between a fee or charge by-law and this Act, other than this Part, or any other Act or regulation made under any other Act, the by-law prevails.  2006, c. 32, Sched. A, s. 163 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 77 (1, 2) - 01/01/2003 2006, c. 32, Sched. A, s. 163 (1-3) - 01/01/2007 392 Repealed:  2006, c. 32, Sched. A, s. 164. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 164 - 01/01/2007
PART XII FEES AND CHARGES
393.
393 No fee or charge by-law shall impose a poll tax or similar fee or charge, including a fee or charge which is imposed on an individual by reason only of his or her presence or residence in the municipality or part of it.  2001, c. 25, s. 393; 2006, c. 32, Sched. A, s. 165. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 165 - 01/01/2007
PART XII FEES AND CHARGES
394.
394 (1) No fee or charge by-law shall impose a fee or charge that is based on, is in respect of or is computed by reference to, (a)  the income of a person, however it is earned or received, except that a municipality or local board may exempt, in whole or in part, any class of persons from all or part of a fee or charge on the basis of inability to pay; (b)  the use, purchase or consumption by a person of property other than property belonging to or under the control of the municipality or local board that passes the by-law; (c)  the use, consumption or purchase by a person of a service other than a service provided or performed by or on behalf of or paid for by the municipality or local board that passes the by-law; (d)  the benefit received by a person from a service other than a service provided or performed by or on behalf of or paid for by the municipality or local board that passes the by-law; or (e)  the generation, exploitation, extraction, harvesting, processing, renewal or transportation of natural resources.  2001, c. 25, s. 394 (1); 2006, c. 32, Sched. A, s. 166. Basis of fee not limited (2) Nothing in clause (1) (b) prevents the imposition of a fee or charge that is based on, is in respect of or is computed by reference to the location of the property, the physical characteristics of property, including buildings and structures on the property, or the zoning of property or other land use classification.  2001, c. 25, s. 394 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 166 - 01/01/2007