PART X TAX COLLECTION
345.
345 (1) A local municipality may, in accordance with this section, pass by-laws to impose late payment charges for the non-payment of taxes or any instalment by the due date.  2001, c. 25, s. 345 (1). Penalty (2) A percentage charge, not to exceed 1 1/4 per cent of the amount of taxes due and unpaid, may be imposed as a penalty for the non-payment of taxes on the first day of default or such later date as the by-law specifies.  2001, c. 25, s. 345 (2). Interest (3) Interest charges, not to exceed 1 1/4 per cent each month of the amount of taxes due and unpaid, may be imposed for the non-payment of taxes in the manner specified in the by-law but interest may not start to accrue before the first day of default.  2001, c. 25, s. 345 (3). Deemed taxes (4) Charges imposed under subsections (2) and (3) are deemed to be part of the taxes on which the charges have been imposed.  2001, c. 25, s. 345 (4). No interest (5) No interest shall be imposed on the charges that are deemed to be taxes under subsection (4).  2001, c. 25, s. 345 (5). Other interest (6) A local municipality shall pay interest at the same rate and in the same manner as interest is paid under subsection 257.11 (4) of the Education Act on overpayments arising as a result of, (a)  an error of a municipality, local board or other body for which the tax was being raised; and (b)  a change under the Assessment Act, (i)  in an assessment on a property, (ii)  in the property class in which a property is placed, or (iii)  if parts of a property are placed in different property classes, in the allocation of the assessment on the property between the parts.  2001, c. 25, s. 345 (6). Cancellation (7) A local municipality shall cancel or refund late payment charges imposed under subsections (2) and (3) on overcharges of taxes arising as a result of errors or changes set out in clause (6) (a) or (b) if the overcharges were not paid when they were due and are no longer owed.  2001, c. 25, s. 345 (7). Special case (8) For the purpose of subsection (7), if different parts of the taxes were due at different times, the overcharges of taxes shall be deemed to be the latest taxes due.  2001, c. 25, s. 345 (8). Not retroactive (9) Interest under subsection (6) begins to accrue after the later of, (a)  in the case of overpayments described in clause (6) (a), the day the error is corrected and, in the case of overpayments described in clause (6) (b), 120 days after the day the municipality is notified of the change by the assessment corporation, the Assessment Review Board or a court; and (b)  January 1, 2003.  2002, c. 17, Sched. A, s. 59; 2006, c. 32, Sched. A, s. 140. (9.1) Repealed: 2017, c. 10, Sched. 1, s. 44. Interest payments to be apportioned (9.2) The costs of interest payments with respect to overpayments of taxes for a year on a property under subsection (6) shall be shared by the municipalities and other bodies that share in the revenue from the taxes on the property in the same proportion as the municipalities and bodies share in those revenues for that year.  2002, c. 17, Sched. A, s. 59. Advance payments (10) A local municipality may pass a by-law to authorize the treasurer to receive in any year payments on account of tax for that year in advance of the due date and to give a discount for advance payments at the rate and in the manner specified in the by-law even though the taxes have not been levied or the assessment roll has not been returned when the advance payment is made.  2001, c. 25, s. 345 (10). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 59 - 01/01/2003 2006, c. 32, Sched. A, s. 140 - 01/01/2007 2017, c. 10, Sched. 1, s. 44 - 30/05/2017