Definition
9 (1) In this section, “designated municipality” includes a district school area board established under the Education Act.  R.S.O. 1990, c. M.54, s. 9 (1); 1997, c. 31, s. 159. Powers and duties of designated municipality (2) Subject to this section, a designated municipality has the powers and duties of a municipality under Part XI of the
Municipal Act, 2001, and the treasurer of a designated municipality, or an officer or collector having the powers and duties of a treasurer under the Education Act, has the powers and duties of the treasurer of a municipality under Part XI of the Municipal Act, 2001.  R.S.O. 1990, c. M.54, s. 9 (2); 2002, c. 17, Sched. F, Table. Tax arrears certificate (3) Subject to section 373 or 373.1 of the Municipal Act, 2001, any designated municipality may register a tax arrears certificate against the title to the land owned by a designated business with respect to which tax arrears are owing.  R.S.O. 1990, c. M.54, s. 9 (3); 2002, c. 17, Sched. F, Table; 2017, c. 10, Sched. 4, s. 9 (1). Where two or more designated municipalities register tax arrears certificate (4) Where two or more designated municipalities have registered a tax arrears certificate under subsection (3), (a) the registration of all tax arrears certificates shall be deemed to have occurred on the date of the earliest registration; and (b) subject to subsection (5), the designated municipality that first registers a certificate shall exercise the powers and duties of a municipality on behalf of all other designated municipalities that subsequently register a certificate.  R.S.O. 1990, c. M.54, s. 9 (4). Notice (5) Where the commercial assessment of a designated business is attributed to two or more designated municipalities, a designated municipality that has registered a tax arrears certificate shall send notice under sections 374 and 379 of the Municipal Act, 2001 to the other designated municipalities.  R.S.O. 1990, c. M.54, s. 9 (5); 2002, c. 17, Sched. F, Table. Distribution of proceeds from cancellation of tax certificates (6) Where two or more designated municipalities have registered a tax arrears certificate against the same land, (a) despite subsection 375 (1) of the Municipal Act, 2001, the tax arrears certificates may be cancelled if payment is made of the total of all cancellation prices to the designated municipality that first registered a tax arrears certificate; and (b) the proceeds received under clause (a) shall be applied to pay the cancellation price to each designated municipality that has registered a tax arrears certificate.  R.S.O. 1990, c. M.54, s. 9 (6); 2002, c. 17, Sched. F, Table. Extension agreement (7) Despite clause (4) (b), a designated municipality that has registered a tax arrears certificate may not enter into an extension agreement with the owner of the land, except with the consent of all other designated municipalities that have registered a certificate.  R.S.O. 1990, c. M.54, s. 9 (7). Idem (8) An extension agreement made under subsection (7) shall be deemed to have been made with all such designated municipalities.  R.S.O. 1990, c. M.54, s. 9 (8). Sale of land, minimum tender (9) If the land of a designated business is offered for public sale by a designated municipality under section 379 of the Municipal Act, 2001 and two or more designated municipalities have registered tax arrears certificates against the same land, the minimum tender amount or minimum bid shall be the sum of the cancellation prices.  R.S.O. 1990, c. M.54, s. 9 (9); 2002, c. 17, Sched. F, Table. Proceeds of sale (10) Despite section 380 of the Municipal Act, 2001, the proceeds of a sale under section 379 of that Act shall, (a) firstly, be applied to pay the cancellation price to each designated municipality that has registered a tax arrears certificate; (b) secondly, be paid to all persons having an interest in the land according to their priority at law, except the person who immediately before the registration of the tax deed was the owner of the land; and (c) thirdly, be paid to the person who immediately before the registration of the tax deed was the owner of the land.  R.S.O. 1990, c. M.54, s. 9 (10); 2002, c. 17, Sched. F, Table; 2017, c. 10, Sched. 4, s. 9 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 159 - 01/01/1998 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 10, Sched. 4, s. 9 (1, 2) - 01/01/2018