Notice of registration
4. (1) Within sixty days of the registration of a tax arrears certificate, the treasurer shall send or cause to be sent a notice in the prescribed form of the registration of the certificate to the following persons: 1. The assessed owner of the land. 2. In the case of improved land, the assessed tenants in occupation of the land. 3. Where the land is registered under the Land Titles Act, every person appearing by the register of title and by the index of executions to have an interest in the land as of the time of closing of the land registry office on the day the tax arrears certificate was registered other than a person who has an interest referred to in clause 9 (5) (a) or (b). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 3 is amended by the Statutes of Ontario, 2000, chapter 26, Schedule K, subsection 3 (2) by striking out “register of title” and substituting “parcel register”. See: 2000, c. 26, Sched. K, ss. 3 (2), 7 (2). 4. Where the Registry Act applies to the land, every person appearing by the abstract index and by the index of writs received for execution by the sheriff for the area in which the land is situate to have an interest in the land as of the time of closing of the land registry office on the day the tax arrears certificate was registered other than a person who has an interest referred to in clause 9 (5) (a) or (b). R.S.O. 1990, c. M.60, s. 4 (1). Spouse of owner (2) Where a notice is sent under this section to a person appearing by the records of the land registry office to be the owner of the land or to a person who is an assessed tenant in occupation of the land, a notice shall also be sent to the spouse of such person and, where this subsection is complied with, section 43 of the Family Law Act shall be deemed to have been complied with. R.S.O. 1990, c. M.60, s. 4 (2). (3) Repealed: 1994, c. 27, s. 124 (2). Statutory declaration (4) The treasurer, forthwith after complying with subsections (1) and (2), shall make and register a statutory declaration in the prescribed form stating the names and addresses of the persons to whom notice was sent. R.S.O. 1990, c. M.60, s. 4 (4); 1994, c. 27, s. 124 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2000, chapter 26, Schedule K, subsection 3 (3) and the following substituted: Statutory declaration (4) The treasurer, immediately after complying with subsections (1) and (2), shall make a statutory declaration in the prescribed form stating the names and addresses of the persons to whom notice was sent. See: 2000, c. 26, Sched. K, ss. 3 (3), 7 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 is amended by the Statutes of Ontario, 2000, chapter 26, Schedule K, subsection 3 (4) by adding the following subsection: Inspection (4.1) The treasurer shall permit any person, upon request, to inspect a copy of the statutory declaration made under subsection (4) and shall provide copies of it at the same rate as is charged under section 74 of the Municipal Act. See: 2000, c. 26, Sched. K, ss. 3 (4), 7 (2). Limitation (5) A person is not entitled to notice under this section if, (a) after a reasonable search of the records mentioned in subsection 11 (1), the treasurer is unable to find the person’s address and the treasurer is not otherwise aware of the address; or (b) the person has expressly waived the right to notice, either before or after the notice should have been sent. R.S.O. 1990, c. M.60, s. 4 (5).