Acts and Regulations

M-22 - Municipalities Act

Section 190.061
Disposition versions

Full text
190.061(1)Where a debt due to a municipality under subsection 190.04(1) or 190.041(5) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before December 31 in any year, pay to the municipality the following amounts at the same time as the first payment is made to the municipality under section 8 of the Community Funding Act in the following year:
(a) the unpaid amount of the debt; and
(b) interest on the unpaid amount of the debt
(i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt.
190.061(2)A municipality shall make a request under subsection (1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt.
190.061(3)Subject to subsection (4), where a debt due to a municipality under subsection 190.04(1) or 190.041(5) in relation to work carried out or measures taken with respect to premises or a building or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection (1) in respect of the debt,
(a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and
(b) the Minister of Finance shall collect the following amounts from the owner of the premises, building or structure in the same manner that taxes on real property are collected under the Real Property Tax Act:
(i) any part of the debt under subsection 190.04(1) or 190.041(5) that remains unpaid by the person liable to pay the debt; and
(ii) interest on the unpaid part of the debt
(A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection (1) for payment in respect of the debt.
190.061(4)Subject to subsections (5) and (6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection (3).
190.061(5)Where the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added to them under subsection (4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act.
190.061(6)Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act.
2006, c.4, s.16; 2012, c.56, s.31
190.061(1)Where a debt due to a municipality under subsection 190.04(1) or 190.041(5) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before December 31 in any year, pay to the municipality the following amounts at the same time as the first payment is made to the municipality under section 8 of the Community Funding Act in the following year:
(a) the unpaid amount of the debt; and
(b) interest on the unpaid amount of the debt
(i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt.
190.061(2)A municipality shall make a request under subsection (1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt.
190.061(3)Subject to subsection (4), where a debt due to a municipality under subsection 190.04(1) or 190.041(5) in relation to work carried out or measures taken with respect to premises or a building or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection (1) in respect of the debt,
(a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and
(b) the Minister of Finance shall collect the following amounts from the owner of the premises, building or structure in the same manner that taxes on real property are collected under the Real Property Tax Act:
(i) any part of the debt under subsection 190.04(1) or 190.041(5) that remains unpaid by the person liable to pay the debt; and
(ii) interest on the unpaid part of the debt
(A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection (1) for payment in respect of the debt.
190.061(4)Subject to subsections (5) and (6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection (3).
190.061(5)Where the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added to them under subsection (4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act.
190.061(6)Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act.
2006, c.4, s.16; 2012, c.56, s.31
190.061(1)Where a debt due to a municipality under subsection 190.04(1) or 190.041(5) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before December 31 in any year, pay to the municipality the following amounts at the same time as the first payment is made to the municipality under section 6 of the Municipal Assistance Act in the following year:
(a) the unpaid amount of the debt; and
(b) interest on the unpaid amount of the debt
(i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt.
190.061(2)A municipality shall make a request under subsection (1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt.
190.061(3)Subject to subsection (4), where a debt due to a municipality under subsection 190.04(1) or 190.041(5) in relation to work carried out or measures taken with respect to premises or a building or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection (1) in respect of the debt,
(a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and
(b) the Minister of Finance shall collect the following amounts from the owner of the premises, building or structure in the same manner that taxes on real property are collected under the Real Property Tax Act:
(i) any part of the debt under subsection 190.04(1) or 190.041(5) that remains unpaid by the person liable to pay the debt; and
(ii) interest on the unpaid part of the debt
(A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and
(B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection (1) for payment in respect of the debt.
190.061(4)Subject to subsections (5) and (6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection (3).
190.061(5)Where the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added to them under subsection (4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act.
190.061(6)Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act.
2006, c.4, s.16