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Policy No. 3 "Tax Collection & Tax Sale Policy"
POLICY NO. 3
TAX COLLECTION & TAX SALE POLICY
COLLECTION OF OVERDUE TAXES
It shall be the policy of the Municipality of the District of Barrington to collect overdue taxes by
Small Claims Court action, by warrant, by tax sale procedure or by applying outstanding debts
owed the taxpayer to the taxpayer's account.
Small Claims Court
Overdue taxes which do not constitute a lien against property may be collected by way of
judgement through Small Claims Court.
Warrants for Collection
Overdue taxes which do not constitute a lien against property may be collected by warrant issued
by the Treasurer. The warrant can be issued any time within six (6) years from the time the taxes
become due and may be acted upon by any police officer, civil constable, by-law enforcement
officer or other employee of the Municipality. Warrants are used to seize personal property to
satisfy the debt.
The sale of the personal property seized under a warrant must be advertised at least seven (7)
days before the sale, by placing an advertisement in the local newspaper. The advertisement is to
advise anyone with an interest in the property to contact the municipal office.
Any surplus from the sale of personal property under a tax warrant must be held for thirty (30)
days to allow any person with a claim to come forward. A person with a valid claim includes the
true owner of the property or the holder of a chattel mortgage or conditional sales contract in
respect to the property. If no one comes forward at the end of the thirty (30) day period, the
surplus is paid to the person in whose possession the property was when it was seized.
If the warrant cannot be completely collected, the warrant can be used again, or another warrant
issued.
Application of Debt to Taxpayer
Pursuant to Section 119(3) of the Municipal Government Act, Chapter 18 of the Statutes of Nova
Scotia, 1998, a municipality may set off a sum due from a person to the municipality against a
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Policy No. 3 "Tax Collection & Tax Sale Policy"
claim that person has against the municipality.
Consequently, the Municipality will set off amounts owed by the Municipality to a taxpayer
against taxes owing to the Municipality by the same taxpayer.
Sale of Real Property
Outstanding rates and taxes which constitute a lien against the property may be collected by way
of Tax Sale proceedings.
Outstanding rates and taxes on a mobile home can also be dealt with in this manner.
Tax Sale procedures are outlined below:
Step 1 - Tax Sale List
It shall be mandatory for the Treasurer to put a property, including mobile homes, on the tax sale
list when taxes on the property are two (2) full years in arrears. There are two exceptions to this:
1) the Treasurer may ask Council to postpone the sale for up to two years, for special reasons as
outlined in Section 134(4) of the Municipal Government Act or: 2) the Treasurer and taxpayer
enter into a tax arrears payment arrangement.
Once the Tax Sale List has been certified by the Treasurer, all arrears of taxes, interest and
expenses must be paid in full to prevent further tax sale procedures.
The tax sale list must contain the name and address of the person assessed, a brief description of
the lot to be sold sufficient to identify and locate it, Assessment Account Number, the amount of
the arrears of taxes, including interest and frontage charges, etc. and the years in which the
arrears were first levied.
Step 2 - Preliminary Notice
After the Tax Sale List is completed, a Preliminary Notice of Tax Sale must be sent by ordinary
mail to the assessed owners (including tenants in common) of property listed on the tax sale list,
advising them that taxes are in arrears and giving them a minimum of fourteen (14) days from
the date of the notice in which to pay before tax sale procedures commence and additional
expenses, such as those for a title search, are incurred.
A copy of the Preliminary Notice of Tax Sale is to be given to the spouse since the Matrimonial
Property Act makes it necessary to advise a spouse when a lien is being enforced.
If the property is assessed as Owners Unknown, notice that the property is liable to be sold for
rates and taxes must be sent to the Minister of Natural Resources at least 120 days before the
date of the tax sale.
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Policy No. 3 "Tax Collection & Tax Sale Policy"
Step 3 - Title Search
A title search of the properties on the Tax Sale List for which the taxes have not been paid is to
be completed by the Municipal Solicitor upon the expiration of the Preliminary Notice period.
A survey of the property may be ordered by the Treasurer if he feels it is necessary to properly
identify and describe the property. Both of these costs form part of the expenses of the sale.
Step 4 - Notice of Intent to Sell
Once the title search is completed a Notice of Intent to Sell, explaining that the property is liable
to be sold for arrears, shall be sent to the property owner, with a copy to the spouse (if the spouse
has not already been notified as an owner) and any person with a mortgage, lien or other interest
in the land, such as a judgement, and others identified in the title search.
All Notices of Intent to Sell shall be mailed by "regular mail". If no address is known, the notice
shall be mailed to a tenant or occupant of the property or may be posted in a conspicuous place
on the premises. Individuals posting Notices of Intent to Sell shall complete an affidavit
outlining details of posting.
When selling properties belonging to owners unknown, the property must also be posted with
signs giving notice of the sale. Individuals posting signs shall complete an affidavit outlining
details of posting.
The Notice of Intent to Sell shall contain a general description of the property, the amount of
arrears of taxes, interest and expenses incurred to date, the year(s) in which they were levied and
the name of the assessed owner, a statement that the property is liable to be sold for the arrears,
interest and expenses, unless they are paid within sixty (60) days from the date of the notice, an
estimate of total expenses that would be incurred if the property is sold for taxes, the proposed
date of the sale, a statement to the effect that if the owner challenges the right of the municipality
to sell the property, the owner should obtain legal advice and contact the municipality.
A Tax Sale Binder is prepared outlining the detail available for each property scheduled to be
sold at Tax Sale. This Binder is to be made available for public viewing.
Advertisement and Notice Requirements before the Tax Sale
Properties to be sold at Tax Sale shall be advertised in two (2) issues of a local newspaper.
An advertisement shall be placed once at least thirty (30) days immediately prior to the Tax Sale
and once during the thirty (30) day period prior to the tax sale. The advertisement shall indicate
that payment at the tax sale must be by cash, certified cheque, money order, bank draft or
lawyer's trust cheque, only.
Tax Sale
The Tax Sale must be held on the date indicated in the Notice of Intent to Sell. Tax Sales are
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Policy No. 3 "Tax Collection & Tax Sale Policy"
usually held on a Monday at 10:00 a.m. The person conducting the sale should announce that
purchasers will be responsible for paying the costs to prepare and register the Certificate of Sale
and the Tax Deed. The right of redemption should be mentioned if there is a right to redeem.
Municipal council members and employees are not permitted to purchase property at a Tax Sale,
nor are their spouses or companies.
If only a deposit is paid (total amount owed to the Municipality), the balance must be paid within
three (3) business days or the property is to be listed for sale again. The expenses of the resale
are to be deducted from the deposit and the balance refunded after the resale. The owner(s) and
encumbrancer(s) will be notified of the new sale date. New advertising and costs for notices are
deducted from the deposit and is not added to the municipality's expenses for the resale.
The Treasurer, on behalf of the Municipality, may bid on properties, if no one else makes a
minimum bid of the outstanding rates, taxes, interest and expenses.
HST must be collected on all commercial properties sold at Tax Sale.
A Certificate of Sale must be registered within ten (10) days of the sale. A copy should be sent
to owners who are sent a notice of the right of redemption and a copy will be kept in the Tax Sale
files for public inspection.
Proceeds of the Tax Sale
The proceeds of the Tax Sale are applied to payment of the arrears of taxes, interest and
expenses. The surplus, if any, is deposited in a Tax Sale Surplus Account pending an application
to the court to recover it by a person entitled to it. An application to Court to pay out the Tax
Sale surplus will usually be made by the former owner(s), but may be a trustee in bankruptcy or
some of the heirs of a former owner(s). None of the surplus is paid out until the redemption
period, if there is one, has expired. Where there is no application to recover the surplus after
twenty (20) years the municipality may use the surplus for a capital purpose. This is provided for
by transferring the balance to the capital reserve fund.
The Right to Redemption
Notice of the right to redeem the property and a copy of the Certificate of Sale, must be sent to
the original property owner. If taxes are more than six (6) years in arrears at the time of the sale,
the original owner does not have a right to redeem the property, but must still be sent a copy of
the Certificate of Sale.
The right to redemption exists for up to six (6) months after the tax sale. The right to redeem
may be exercised by an owner of the property, the holder of a mortgage or other lien or a person
with an interest in the land. To redeem the property, the person must pay:
- the sum paid by the purchaser (less any surplus remaining after paying the taxes, interest,
expenses and other charges)
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Policy No. 3 "Tax Collection & Tax Sale Policy"
- interest at ten (10) percent per annum on the total amount paid by the purchaser.
- taxes and interest for current years taxes. (If tax rate has not yet been set, then a manual
calculation must be done using last year's tax rate.
- the recording fee for the certificate of discharge.
- all fire insurance premiums paid by the purchaser.
- all sums paid by the purchaser for necessary repairs to the property so long as those repairs
were approved by the Treasurer in writing.
- less any rent or other income earned by the purchaser from the property.
If the property was bought by the municipality which is exempt from taxation the person
redeeming has to pay the taxes that would have been levied if the municipality were not exempt.
Where the property has been redeemed a Certificate of Discharge is to be recorded in the
Registry of Deeds.
The purchaser, once the land is redeemed, is paid the original sum, plus interest, plus the cost of
insurance and repairs, less the rent or other income earned.
During the redemption period and after, the purchaser has all the rights of the owner, but as long
as the property may be redeemed, the purchaser shall insure any buildings on the land, if the
buildings are insurable and is deemed to have an insurable interest in the land. If the purchaser
makes repairs which the Treasurer has not approved in writing, the purchaser will be unable to
recover the cost if the property is redeemed. Once the property is redeemed the purchaser ceases
to have any right to it.
Preparation of Tax Deed
A Tax Deed is issued upon the expiration of the Redemption Period. If there is no Redemption
Period then the Tax Deed is issued immediately upon the sale of the property. Tax Deeds are
recorded in the Registry of Deeds and must be accompanied by an Affidavit of Value.
PARTIAL PAYMENTS
Partial payment is applied to all taxes that are not liens, first. Next, payment is applied to
accumulated interest and taxes longest in arrears. The person paying can designate the property
to which the taxes are to be applied. If the taxpayer does not designate a property, the payment is
to be applied to the taxes longest in arrears.
TAX CERTIFICATES
The Municipality shall issue Tax Certificates upon request. The Certificate shall certify the
amount of rates, taxes, frontage charges, etc. outstanding against a property. The fee charged for
Tax Certificates shall be set by resolution of Council.
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Policy No. 3 "Tax Collection & Tax Sale Policy"
Chief Administrative Officer's Annotation for Official Policy Book
Date of Notice to Council members of Intent to Consider
June 8, 2020
Date of Passage of current Policy
June 22, 2020
I certify that this "Tax Collection & Tax Sale Policy" was amended by
Council as indicated above.
____________________________________
_________________________
Chief Administrative Officer Date
VERSION LOG
Version Number
Amendment Description
Amendment/Policy Owner
Approved By
Approval Date
1
Approved by Council
Municipal Clerk
Council
April 23, 2003
2
Various Amendments
Municipal Clerk
Council
Nov 25, 2013
3
Various Amendments
CAO
Council
June 22, 2020