197 (1) The Deputy Minister shall cause to be prepared in each year a list of all lands and mining rights in respect of which any tax is two years or more in arrears, and shall cause to be sent by mail or delivered by courier service a notice to the person appearing from search or inquiry at the land registry office to be the owner of the property in default and to every person appearing from that search or inquiry to have an interest therein, at the address or last known address of such person so far as he or she can reasonably ascertain it, stating that, unless the total amount of tax and penalties due and payable under this Part are paid within six months after the date of notice, the property may be forfeited to and vested in the Crown and to the amount so due and payable there shall in every case be added and paid as costs the fee required by the Minister for each property.  R.S.O. 1990, c. M.14, s. 197 (1); 2009, c. 21, s. 96 (1). Publication of list and notice (2) Not later than 30 days after the date a notice for a property was sent under subsection (1), the Deputy Minister shall cause a second notice to be published in the prescribed manner listing the property and stating that, unless the total amount of tax, penalties and costs indicated on the notice sent under subsection (1) are paid by the date shown on that notice, the property may be forfeited to and vested in the Crown.  2009, c. 21, s. 96 (2). Declaration of forfeiture (3)  Where the total amount of tax, penalties and costs remain unpaid after the 31st day of December of the year of publication of the notice mentioned in subsection (2), the Minister by certificate may, on or after the 1st day of January next following, declare the lands or mining rights, and every interest therein, forfeited to and vested in the Crown, and thereupon the lands or mining rights, and every interest therein, vest in the Crown absolutely freed and discharged from every estate, right, title, interest, claim or demand therein or thereto whether existing, arising or accruing before or after such forfeiture is declared.  R.S.O. 1990, c. M.14, s. 197 (3); 2009, c. 21, s. 96 (3). Not open for registration (4)  Except as provided in subsection (7), lands and mining rights so forfeited are not open for prospecting, mining claim registration, sale or lease under this Act.  R.S.O. 1990, c. M.14, s. 197 (4); 2009, c. 21, s. 101 (4); 2017, c. 6, Sched. 2, s. 83 (1). Registration of certificate (5)  The land registrar of the land titles or registry division in which any land or right mentioned in a certificate of forfeiture made under subsection (3) is situate shall, upon receipt of the certificate, duly register it and it is absolute and conclusive evidence of the forfeiture to the Crown of the land or mining rights so certified to be forfeited and is not open to attack in any court by reason of the omission of any act or thing leading up to the forfeiture.  R.S.O. 1990, c. M.14, s. 197 (5). Certain Acts not to apply to forfeited lands (6)  Upon registration of the certificate of forfeiture in the land registry office, the Registry Act
or the Land Titles Act, as the case may be, ceases to apply to the land forfeited, and the land registrar shall note that fact in the register.  R.S.O. 1990, c. M.14, s. 197 (6); 1999, c. 12, Sched. O, s. 56. Where forfeited lands open (7) Lands and mining rights forfeited to and vested in the Crown under this Part that are mentioned in a notice published in one issue of The Ontario Gazette during May of any year shall become open for prospecting, mining claims registration, sale and lease under this Act as of 10:00 a.m. eastern standard time or eastern daylight time, as the case may be, on the following June 1, unless the land is otherwise not open for the registration of mining claims under any other provision of this Act. 2017, c. 6, Sched. 2, s. 83 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 197 (7) of the Act is amended by striking out “or eastern daylight time, as the case may be”. (See: 2020, c. 28, s. 4 (4)) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. O, s. 37 - 30/01/1996; 1999, c. 12, Sched. O, s. 56 - 30/06/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 21, s. 96 (1, 2) - 01/11/2012; 2009, c. 21, s. 96 (3), 101 (4) - 28/10/2009 2017, c. 6, Sched. 2, s. 83 (1, 2) - 10/04/2018 2020, c. 28, s. 4 (4)
- not in force