2023-053 By-law to delegate authority to authorize the execution of a Tax Arrears Extension AgreementThe Corporation of the Township of Oro-Medonte
By-law No. 2023-053
A By-law to delegate authority to authorize the execution of a
Tax Arrears Extension Agreement
Whereas section 23.1(1) and 23.2 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to delegate certain powers and duties subject to certain restrictions;
And Whereas the Council of The Corporation of the Township of Oro-Medonte has deemed
that certain routine administrative and legislative powers are of a minor nature, and the
delegation of these powers would contribute to the efficient management of the Township while
still adhering to the principles of accountability and transparency;
Now Therefore the Council of the Corporation of the Township of Oro-Medonte hereby
enacts the following as a By-law:
1. That the municipal Treasurer/designate is authorized to negotiate and execute tax
extension agreements on behalf of The Corporation of the Township of Oro-Medonte. The
authority is subject to the following limitations:
a. The tax extension agreement must be requested by and entered into with any
owner of the land, the spouse of any owner of the land, any mortgagee, any tenant
in occupation of the land or any person the Treasurer is satisfied has an interest in
the land, in accordance with Section 378 of the Municipal Act, 2001; and
b. The tax extension agreement must be compliant with the requirements of Section
378 of the Municipal Act, 2001 and in the form of Schedule A (attached) as
negotiated by the Treasurer/designate; and
c. The tax extension agreement can only be entered into after a tax arrears certificate
has been registered, and before the expiry of the one-year period.
2. This by-law shall take effect on the final passing thereof.
By-law read a first, second and third time, and passed this 14th day of June, 2023
The Corporation of the Township of Oro-Medonte
ayor, Randy Greenlaw
JCG(Irtjt
Clerldl Yvonne Aubichon
Schedule "A"
to By-law No. 2023- for
The Corporation of the Township of Oro-Medonte
THIS AGREEMENT made in triplicate this day of , 20_
BETWEEN:
The Corporation of the Township of Oro-Medonte
(Hereinafter called the "Corporation")
-and-
Owner(s)/Spouse/Mortaaaee/Tenant/person the Treasurer is satisfied has an interest in
the land
(Hereinafter called the "Owner")
Whereas the Owner(s)/Spouse/Mortgaaee/Tenant/person the Treasurer is satisfied has an
interest in the land is the owner of the land in the Township of Oro-Medonte described in
Schedule "A" attached hereto and forming part of this Agreement;
And Whereas the Owner(s)/Spouse/Mortgaaee/Tenant/person the Treasurer is satisfied has
an interest in the land is in arrears of taxes on the day of ,20 in the amount of
$ and a tax arrears certificate was registered in the Land Registry Office on the
day of , 20 in respect of the Owner(s)/Spouse/Mortgagee/Tenant/person the
Treasurer is satisfied has an interest in the land;
And Whereas pursuant to Section 378 of the Municipal Act, 2001, S.O. 2001, C.25 as
amended provides that after the registration of a tax arrears certificate and before the expiry
of one (1) year following the date of the registration of the tax arrears certificate, a Municipality
may by By—law authorize an extension agreement with the Owner(s) of the land, the spouse
of the owner, a mortgagee or a tenant in occupation of such land to extend the period of time
in which the cancellation price in respect to the Owner(s)/Spouse/Mortgaaee/Tenant/person
the Treasurer is satisfied has an interest in the land is to be paid;
And Whereas the period during which there is a subsisting extension agreement shall not be
counted by the Treasurer in calculating the periods mentioned in subsection 379(1) of the
Municipal Act, 2001;
Now therefore this agreement witnesseth that in consideration of the premises and of the
covenants and obligations hereinafter contained, it is hereby agreed as follows:
1. The Corporation will extend to the day of
cancellation price payable in respect of the land.
, 20 the payment period for the
2 The Owner(s)/Spouse/Mortaaaee/Tenant/person the Treasurer is satisfied has an interest
in the land will make payments to the Corporation in accordance with Schedule "B"
attached hereto.
3. In addition to paying the amounts provided for in paragraph 2, the
Owner(s)/Spouse/Mortaaaee/Tenant/person the Treasurer is satisfied has an interest in
the land agrees to pay:
a. all further taxes levied on the land as they become due and payable during the term of
this Agreement; and
b. not later than (5) five days following the due date of the last payment under paragraph
2, such additional amount, if any, as is necessary to bring the total amount paid under
this Agreement up to the amount of the cancellation price payable in respect of the
land.
Schedule "A"
to By-law No. for
The Corporation of the Township of Oro-Medonte
4. Notwithstanding any of the provisions of this Agreement, the Municipal Act, 2001, S.O.
2001, C.25, as amended, shall continue to apply to the collection and enforcement of all
tax arrears and all taxes except that the Treasurer and the collector of taxes of the
Corporation, without waiving the statutory rights and powers of the municipality or of the
Treasurer, shall not enforce collections of such tax payments, except as set out in
paragraph 2 and 3, during the time the Agreement is in force so long as the Owner is not
in default hereunder.
5. In the event the Owner(s)/Spouse/Mortaaaee/TenantTerson the Treasurer is satisfied has
an interest in the land defaults in any payments required by this Agreement, this
Agreement upon notice being given to the Owner by the Corporation, this Agreement shall
be terminated, and the Owner shall be placed in the position they were before this
Agreement was entered into. In the event of a default, this Agreement shall cease to be
considered a subsisting agreement on the day that the notice of termination is sent to the
Owner.
6. Immediately upon the Owner(s)/Spouse/Mortgagee/Tenant/person the Treasurer is
satisfied has an interest in the land or any other person making all the payments required
under paragraphs 2 and 3, this Agreement shall be terminated and, the Treasurer shall
forthwith register a tax arrears cancellation certificate in respect of the said lands.
7. Notwithstanding the provisions of paragraphs 2 and 3, the
Owner(s)/Spouse/MortgaaeefTenant/person the Treasurer is satisfied has an interest in
the land and any other person may at any time pay the balance of the cancellation price
and upon receipt of the aforesaid payment by the Corporation, this Agreement shall
terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate.
8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the
sale or other disposition of the land.
9. This Agreement shall extend to and be binding upon and ensure to the benefit of the
Parties and to their respective heirs, successors, and assigns.
10. If any paragraph or part of paragraphs in this Agreement is determined by a court or
tribunal of competent jurisdiction to be illegal or unenforceable, it or they shall be
considered separate and severable from the Agreement and the remaining provisions of
the Agreement shall remain in force and effect and shall be binding upon the Parties
hereto as though the said paragraph or paragraphs or part or parts of paragraphs had
never been included.
11. Any notice required to be given to the Owner(s)/Spouse/Mortaaaee/Tenant/Derson the
Treasurer is satisfied has an interest in the land is hereunder shall be sufficiently given if
sent by registered post to the Owner(s)/Spouse/Mortaauee/Tenant/Derson the Treasurer is
satisfied has an interest in the land is at the following address:
(insert address)
In Witness Whereof the Owner(s)/Spouse/Mortgaaee/Tenant/person the Treasurer is
satisfied has an interest in the land has hereunto set his hand and seal and the Corporation
has caused its Corporate Seal to be hereunto affixed, attested by its proper signing Officers in
that behalf.
Signed, sealed, and delivered in the presence of
THE CORPORATION OF THE
TREASURER
Witness Owner,
Schedule "A"
to By-law No. for
The Corporation of the Township of Oro-Medonte
(insert description of land)
Schedule "B"
to By-law No. for
The Corporation of the Township of Oro-Medonte
PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: