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St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2006


CHAPTER C-17.1

AN ACT RESPECTING MUNICIPAL TAXATION IN THE CITY OF ST. JOHNíS

(Assented to December 12, 2006)

Analysis


††††††† 1. Short title

††††††† 2. Interpretation

††††††††††††† PART I
TAXES

††††††† 3. Real property tax

††††††† 4. Tax rate

††††††† 5. Occupier considered owner

††††††† 6. Tenant of tax exempt property

††††††† 7. Representative capacity

††††††† 8. Tax exempt property

††††††† 9. Supplementary assessment

††††† 10. Payment when appeal

††††† 11. Error or correction

††††† 12. Business tax

††††† 13. Rate of tax

††††† 14. Minimum business tax

††††† 15. Tax rates fixed annually

††††† 16. Arrangements re tax payments

††††† 17. Payment Review Board

††††† 18. Non-payment after arrangement

††††† 19. Where taxpayer without assets

††††† 20. Water tax

††††† 21. Regulation re: water tax

††††† 22. Collection of water tax

††††† 23. Interest on arrears

††††† 24. Licence fees

††††† 25. Circus licence

††††† 26. Deed transfer fee

††††† 27. Former water and sewage rates

††††† 28. Accommodation tax

††††††††††††† PART II
REMEDIES FOR RECOVERY OF TAXES
AND EXPENSES

††††† 29. Action on arrears

††††† 30. Lien for taxes

††††† 31. Where sale prohibited

††††† 32. Notice to owners

††††† 33. Right of mortgagee

††††† 34. Direction for sale

††††† 35. Advertisement for sale

††††† 36. Sale for arrears

††††† 37. Where no bidder

††††† 38. Lien not affected

††††† 39. Distribution of purchase price

††††† 40. Sale invalid

††††† 41. Assessment after sale

††††† 42. Effect of sale

††††† 43. Act priority

††††††††††††† PART III
GENERAL

††††† 44. Collection despite appeal

††††† 45. Repayment on overpayment

††††† 46. Limitations on actions

††††† 47. Defence barred

††††††††††††† PART IV
CONSEQUENTIAL, REPEAL
AND COMMENCEMENT

††††† 48. Consequential amendments

††††† 49. Repeal

††††† 50. Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

††††††† 1. This Act may be cited as the City of St. Johnís Municipal Taxation Act.

Interpretation

††††††† 2. (1) In this Act

†††††††††††† (a)"assessment" means an assessment as carried out under the Assessment Act, 2006 and includes a general assessment and a supplementary assessment;

†††††††††††† (b)"business" includes

††††††††††††††††††††† (i)a commercial, merchandising or industrial activity or undertaking,

†††††††††††††††††††† (ii)a profession, trade, occupation, calling or employment,

††††††††††††††††††† (iii)an activity which provides goods or services, and

††††††††††††††††††† (iv)a credit union, co-operative, corporation, sole proprietorship or association of persons,

whether or not it is for profit;

†††††††††††† (c)"city" means the City of St. John's as incorporated by the City of St. John's Act;

†††††††††††† (d)"commercial property" means all real property other than residential property;

†††††††††††† (e)"commissioner" means the commissioner appointed by the city under section 32 of the Assessment Act, 2006;

††††††††††††† (f)"council" means the St. John's Municipal Council as defined by the City of St. John's Act;

†††††††††††† (g)"financial year" means the period from January 1 in a year to December 31 in the same year;

†††††††††††† (h)"occupier" means the person in actual occupation of real property who is listed in the assessment roll of the city as the owner, lessee or tenant of that property;

††††††††††††† (i)"real property" means

††††††††††††††††††††† (i)land or an interest arising from land, and includes land under water,

†††††††††††††††††††† (ii)land and buildings, structures, improvements, building service systems and storage facilities and fixtures erected or placed upon, in, over or under land or affixed to land,

††††††††††††††††††† (iii)where a building is erected on land under a lease, licence or permit, that building may, for the purpose of this Act, be treated as real property separate from the land, and

††††††††††††††††††† (iv)a mobile home;

††††††††††††† (j)"residential property" means real property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes land or buildings that are appurtenant to that property;

†††††††††††† (k)"sale" includes barter or exchange; and

††††††††††††† (l)"taxes", unless otherwise stated, include taxes, rates, licence fees, assessments or other indebtedness to the council.

†††††††††††† (2)This Act shall be read as one with the City of St. John's Act and the Assessment Act, 2006.

PART I
TAXES

Real property tax

††††††† 3. The council may impose an annual tax to be known as "the real property tax" on owners of real property within the city, including docks, quays, wharves and structures touching the boundary of the city.

Tax rate

††††††† 4. (1) The rate of real property tax shall be fixed annually by resolution of the council as a percentage of the value of the real property as set down in the last assessment roll prepared by the city.

†††††††††††† (2)For the purpose of establishing real property tax there may be imposed in respect of real property used for residential purposes one rate of tax and in respect of commercial property another rate of tax.

†††††††††††† (3)The council shall annually fix, establish and impose special reduced rates of real property tax applicable to buildings in the city to which water mains or sewer mains or both are not accessible for servicing those buildings with water services or sewer services or both.

†††††††††††† (4)The council may, by resolution, establish different minimum annual real property taxes in the city for residential and for commercial property.

Occupier considered owner

††††††† 5. Where real property is occupied and the owner is not known, the occupier is considered to be the owner for the purposes of the imposition and collection of the real property tax.

Tenant of tax exempt property

††††††† 6. The tenant of real property that is not subject to the real property tax shall, where rent or other valuable consideration is paid by him or her in respect of that real property, pay the real property tax as if he or she were the owner of the real property and the real property were subject to that tax.

Representative capacity

††††††† 7. (1) Where real property is under the control of a person in a representative capacity as executor, administrator, trustee, guardian or agent, that person is liable for the payment of the real property tax only in his or her representative capacity.

†††††††††††† (2)Where the owner of real property is a minor, the person whose name has been entered on the assessment roll of the city as the parent, guardian or other legal representative of the owner is liable for the payment of the real property tax, where the owner defaults in the payment.

Tax exempt property

††††††† 8. (1) The following real property is exempt from the real property tax:

†††††††††††† (a)real property belonging to Canada, the province or the city;

†††††††††††† (b)real property exempted from the real property tax by an Act of the Legislature;

†††††††††††† (c)productive farm land and woodland as designated by the minister of the Crown responsible for the land and buildings on and used in connection with farm or wood production from that land;

†††††††††††† (d)real property which may be exempted from the real property tax by the council by by-law that is

††††††††††††††††††††† (i)held and occupied for public worship,

†††††††††††††††††††† (ii)used in connection with and for the purpose of a hospital for the care of the physically or mentally disabled or for the care of the aged or infirm, including student residences, but not including other residences and apartments,

††††††††††††††††††† (iii)held and occupied as a public college or school or for other public educational purposes, including student residences and playing fields and other recreational facilities owned by them, but not including other residences and apartments,

††††††††††††††††††† (iv)held and occupied by a charitable organization or institution which is so registered under the Income Tax Act (Canada),

†††††††††††††††††††† (v)used for emergency housing,

††††††††††††††††††† (vi)acquired from the city for the purpose of development for public purposes,

†††††††††††††††††† (vii)part of a low rental housing project as defined in the National Housing Act (Canada), or

††††††††††††††††† (viii)used for a purpose from which the city received the net profits; and

†††††††††††† (e)other real property that the council may by by-law exempt, so long as it is used for a public purpose.

†††††††††††† (2)The Lieutenant-Governor in Council may by order exempt from the operation of subsection (1) real property owned by the Crown that may be specified in the order.

†††††††††††† (3)Where real property that is exempt from the real property tax stops being exempt on or before December 31 in a year, the owner or occupier of that real property is liable for the real property tax in respect of that real property for the portion of the year it is not exempt.

†††††††††††† (4)Notwithstanding subsection (1), real property of Canada or the province referred to in that subsection is subject to the charge for the protection of and ordinary water services that the council may determine, subject to the approval of the Lieutenant-Governor in Council.

Supplementary assessment

††††††† 9. (1) The owner of real property that has been made subject to a supplementary assessment under the Assessment Act, 2006 is liable for the payment of the real property tax on the basis of the supplementary assessment for the remaining portion of the calendar year from the earlier of

†††††††††††† (a)the date of substantial completion of the construction;

†††††††††††† (b)the date of occupancy of the real property; or

†††††††††††† (c)the date the business was started or resumed.

†††††††††††† (2)Taxes for the current year applicable to the real property described in this section shall be collected in the same manner as if the real property had been on the assessment roll when it was delivered to the clerk.

†††††††††††† (3)Notwithstanding subsection (2), the amount of the real property or business tax or both payable under this section shall be that proportion of the relevant tax for the full year that the number of days from the day on which the person completed that new construction or made the extension or started or resumed the business at a new or additional location, as the case may be, until the last day of the year bears to the total number of days in the year.

Payment when appeal

††††† 10. (1) Where real property is subject to an assessment or a supplementary assessment and an appeal is being taken against the assessment or supplementary assessment, the real property tax shall, pending a decision in that appeal, be payable on the basis of the original assessment or supplementary assessment.

†††††††††††† (2)The difference between the amount of the tax collected under subsection (1) and the amount payable on the basis of the assessment as later determined by the commissioner shall be paid by the owner or refunded by the council, according to the decision in the appeal, when that decision has been made.

Error or correction

††††† 11. Notwithstanding the lapse of time, an assessor may assess and a council may tax retrospectively, real property or other subject of taxation, the assessment or taxing of which has been omitted from the general assessment by accident or by error, or is invalid because of an error or irregularity and may impose a tax so omitted or invalid upon an estate or person upon whom it should first have been imposed.

Business tax

††††† 12. (1) The council may impose an annual tax to be known as "the business tax".

†††††††††††† (2)The business tax shall apply and be assessed and imposed notwithstanding an assessment and taxation of real property for another tax or an exemption from that assessment or taxation under this Act.

Rate of tax

††††† 13. (1) The rate for the business tax shall be fixed by resolution of the council as a percentage of the assessed value of the real property used by the person in carrying on the business, trade or profession in respect of which the tax is imposed.

†††††††††††† (2)The council may vary the rate of tax referred to in subsection (1), in its application to different kinds or classes of businesses, trades or professions.

†††††††††††† (3)Assessed value shall be determined by the assessors under the Assessment Act, 2006 but, where there is an existing valid assessment in respect of that real property for the purpose of imposing the real property tax, that assessment may be used for the purposes of this section.

Minimum business tax

††††† 14. (1) The council may impose a minimum business tax on all businesses operating in the city.

†††††††††††† (2)There may be differing minimum business taxes under subsection (1) for different classes of businesses.

†††††††††††† (3)Notwithstanding subsection 13(1), the council may impose a minimum business tax under subsection (1) as a fixed amount.

Tax rates fixed annually

††††† 15. The council shall before December 15 in each year fix the percentages for the rates of the real property tax and business tax for the next financial year that will in total, together with the anticipated revenues of the city from all other sources, produce the amount required to cover all expenditures of the council to be made from current funds during that next financial year.

Arrangements re tax payments

††††† 16. (1) The council may make arrangements for payment of, reduce or remit payment of real property tax or business tax on account of the poverty of a person liable for the payment of those taxes or for reasons where that arrangement, reduction or remission is recommended by the board and approved by at least 5 councillors.

†††††††††††† (2)The decision of the council in respect of that arrangement, reduction or remittance shall be final.

Payment Review Board

††††† 17. (1) The council may appoint a board to be known as the Payment Review Board, consisting of the city clerk and other persons whom council may determine for the purpose of reviewing applications and making recommendations to the council under section 16 with respect to the arrangement, reduction or remission of the payment of real property tax or business tax.

†††††††††††† (2)A person liable for the payment of real property tax or business tax may file with the board an affidavit and other evidence as to the circumstances that result in his or her application for an arrangement of or reduction or remission of payment of the tax.

Non-payment after arrangement

††††† 18. (1) Where council has made an arrangement for the payment of the real property tax or business tax under section 16, the lien period in respect of a postponed payment shall start to run from the date specified in the resolution for that postponed payment.

†††††††††††† (2)Where the postponed payment for a portion of taxes remains unpaid for a period after the time when that payment became due, the city may exercise the lien conferred on the city by this Act in the manner provided and other remedies for recovering taxes contained in this Act.

Where taxpayer without assets

††††† 19. Where the council is satisfied that the owner or person liable for real property taxes has no assets available for execution other than the real property on which the taxes are due and

†††††††††††† (a)it is established by evidence to the satisfaction of the council that real property upon which taxes are charged is of insufficient value to pay the costs of an action; or

†††††††††††† (b)an action has been taken for the recovery of taxes due on real property and the property upon execution has not realized the whole of the taxes and the costs of action,

the council may remit payment of the taxes or the unpaid balance and write that amount off from its books.

Water tax

††††† 20. (1) The council shall have power by resolution to fix and impose upon the owner or occupier of real property within the city an annual tax to be known as "the water tax" in respect of water supplied to that real property.

†††††††††††† (2)The water tax shall be payable in a manner and at a time that council shall determine.

†††††††††††† (3)The council may impose the water tax by the following methods and may fix a minimum or maximum amount for water tax and vary the amount of tax in application to different classes of real property, buildings or premises:

†††††††††††† (a)the water tax may be based upon the percentage of the value of real property that the council may determine, or may be levied in the form of a surtax on the real property tax payable in respect of it;

†††††††††††† (b)the water tax may be based upon the quantity of water used in the real property as measured and determined by water meters, which the council may install in that real property, and charged at a rate per 4,546 litres, or that part of it that the council may determine; and

†††††††††††† (c)the water tax may be based upon and determined by reference to a scale specifying separate classifications or categories of values of real property and assigning to each classification or category a specific amount or charge as the water tax under this section.

†††††††††††† (4)For the purposes of paragraph (3)(b), the council shall have power to contract with a person for the supply or installation of water meters and to secure the payment of the cost of those meters or the installation of them by a first charge upon all water taxes received in respect of premises in which the meters are installed and to issue debentures of the city securing payment of the cost of those meters.

Regulation re: water tax

††††† 21. Notwithstanding section 20, the minister may make regulations to establish a water tax rate applicable to and a maximum allowable amount of water tax payable by the owner of real property located inside or outside the city that is connected to the water system of the city where that real property is the location of a

†††††††††††† (a)school operated under the Schools Act, 1997;

†††††††††††† (b)scheduled hospital as defined in the Hospitals Act; and

†††††††††††† (c)building owned by the Crown,

and a tax rate imposed in accordance with this section shall be considered to have been imposed, with the necessary changes, under section 20.

Collection of water tax

††††† 22. (1) Where a water tax imposed under section 20 or an instalment of that tax is unpaid within 30 days from the date on which the water tax or an instalment is due, the city may discontinue the supply of water to the real property in respect of which the water tax is imposed.

†††††††††††† (2)An occupier of or other person with an interest in real property referred to in subsection (1) who is or may be affected by the discontinuance of water may pay the water tax or instalment to the council, and that occupier or other person may recover by action in a court the amount paid by him or her from the person liable for that water tax or instalment.

†††††††††††† (3)A water tax payable under section 20 by a person who is the owner of or who has an interest in the real property in respect of which the water tax is imposed for water supplied to that real property shall attach to and be a charge upon the real property or the interest of that person in the same manner as other taxes under this Act and may be recovered by the remedies provided by this Act for the recovery of taxes.

†††††††††††† (4)Where a water tax or instalment of that tax imposed upon and payable by the occupier of real property is not paid to the council by the occupier within one month after the water tax or instalment is payable by the occupier, the water tax or instalment shall become payable immediately to the council by the owner of the real property in the same manner as other taxes under this Act and may be recovered by the council from that owner by the remedies provided by this Act for the recovery of taxes.

†††††††††††† (5)Upon payment of the tax or instalment to the council under subsection (4), the owner may recover from the occupier by action in a court, the amount paid by the owner.

†††††††††††† (6)Where the water tax is imposed on or payable by the owner of real property under section 20, the owner may, a statute or provision of law to the contrary notwithstanding, add the amount of the water tax to the rent payable to him or her by a tenant or lessee of the real property to which water is supplied and the owner shall have the same rights and remedies for recovery of the water tax from the tenant or lessee as are available to him or her in law with respect to the recovery of rent.

†††††††††††† (7)The Public Utilities Act shall not apply to or be considered to apply to the water tax or to rates or charges levied, imposed or charged under this Act or under the authority of this Act in respect of water supplied by the city.

Interest on arrears

††††† 23. The council may charge interest on taxes that are not paid on or before the date on which they become due if, before making that charge, the council passes a resolution establishing the rate of interest to be charged and when that interest shall be applied.

Licence fees

††††† 24. (1) The council may charge annual licence fees for all persons doing those types of business in the city that may be provided for in a regulation of the council and the fees shall be due at the office of the city clerk before January 2 of each year.

†††††††††††† (2)A person starting a business shall pay the prescribed licence fee on or before the day of beginning of business.

†††††††††††† (3)Where a person, not being a commercial traveller, starts business after June 30 in a year, that person is liable only to pay 1/2 of the licence fees in respect of that year.

†††††††††††† (4)The council shall issue to the party paying the licence fees required under this section, a licence permitting the business in respect of which the fee is payable, and a person shall not have a business until a licence has been obtained.

Circus licence

††††† 25. (1) A person shall not operate or start to operate, as owner, manager or agent, a circus in the city until he or she has obtained from the council a licence for the operation of the circus.

†††††††††††† (2)The council may refuse a licence for a circus or grant a licence for a limited period of time and in a location which the council may determine.

†††††††††††† (3)An owner, lessee or possessor of land or premises in the city shall not permit that land or premises to be used for the operation of a circus unless a licence for that operation is granted by the council under this section.

†††††††††††† (4)The council may impose on a person operating as owner, manager or agent of a circus within the city a licence fee prescribed by the council for each day the circus is in operation, and the licence fee shall be paid in advance for each day of operation or intended operation.

†††††††††††† (5)It is a condition of a licence issued to a person under this section that the licence shall automatically be cancelled upon failure of the licensee to make payment in advance on a day of the amount payable under subsection (4).

†††††††††††† (6)The licence fee payable under this section shall be recoverable in a court in an action by the city against that operator and the property and equipment employed in the operation of the circus shall be liable to attachment and to execution in satisfaction of a judgment in an action, whether or not the property or equipment is owned by the person liable for those licence fees.

†††††††††††† (7)Where a person contravenes this section, he or she is guilty of an offence under this Act.

Deed transfer fee

††††† 26. (1) The council may impose a deed transfer fee not exceeding $25 in respect of the transfer, sale, assignment or conveyance of real property within the city or, where real property is partly within the city, in respect of the portion within the city.

†††††††††††† (2)Where the council imposes a deed transfer fee under subsection (1), a document in relation to which the fee is liable to be paid shall not be registered in the Registry of Deeds without prior proof to the satisfaction of the Registrar of Deeds of payment of that fee.

†††††††††††† (3)For the purpose of subsection (2), the council may authorize the use of some form of receipt or stamp that is, in the absence of evidence to the contrary, proof of payment.

Former water and sewage rates

††††† 27. Where, in an agreement, lease, charter or contract, it is provided that in relation to real property within the city water and sewage rates are payable by a person or company, it shall be considered that the real property tax required to be paid by this Act shall be instead of those water and sewage rates which were previously agreed upon or ordered to be paid.

Accommodation tax

††††† 28. (1) The council may impose a tax to be known as the "accommodation tax" upon a person who, for a daily charge, fee or remuneration is accommodated, lodges or stays in a room in a building in the city which is

†††††††††††† (a)licensed under the Tourist Establishments Act;

†††††††††††† (b)owned by the Memorial University of Newfoundland; or

†††††††††††† (c)located at the Littledale Conference Centre.

†††††††††††† (2)A tax imposed under subsection (1) shall be not more than 3% of the amount charged for the accommodation, lodging or stay referred to in that subsection.

†††††††††††† (3)Subsections (1) and (2) shall not apply to

†††††††††††† (a)a person who pays for accommodation, lodging or a stay in a room for which the daily charge or remuneration is not more than $20;

†††††††††††† (b)a student who is accommodated, lodges or stays in a room in a building referred to in paragraph (1)(b) or (c) while he or she is registered at and attending a post-secondary educational institution; and

†††††††††††† (c)a person who is accommodated, lodges or stays in a room for more than 30 consecutive days.

†††††††††††† (4)A tax collected under this section shall be paid into an account established for that purpose, and that account shall be audited and money paid out of the account in the manner required by the Memorandum of Understanding executed on October 23, 1998 by the Government of Newfoundland and Labrador, the City of St. Johnís and the Avalon Convention and Visitorís Bureau, and amendments to that memorandum.

†††††††††††† (5)The council may, in the manner required by law, prescribe those resolutions and by-laws which are necessary to implement a tax under this section in accordance with the Memorandum of Understanding referred to in subsection (4).

PART II
REMEDIES FOR RECOVERY OF TAXES
AND EXPENSES

Action on arrears

††††† 29. (1) The council may immediately after January 1 and July 1 in each year take proceedings to recover all amounts due for taxes, assessments, rents and licence fees then owing and unpaid, including those due for the immediate past half year.

†††††††††††† (2)Where a tax, fee, levy, assessment, fine or charge imposed by the council is in arrears, in addition to other remedies that the council has to enforce payment, the council may disconnect the service of a water system, sewage system or water and sewage system provided to the person who owes the tax, fee, levy, assessment, fine or charge to the council.

†††††††††††† (3)Where it is necessary for the purposes of subsection (2), the employees or agents of the council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the real property.

Lien for taxes

††††† 30. (1) Taxes fixed, established and imposed in respect of real property, including business tax where the owner of the business is also the owner of the real property in or on which the business is located, constitute a lien upon that real property, except where the real property is sold for tax arrears by the council.

†††††††††††† (2)The lien attaches on the date on which the relevant tax was due to the council and continues for a period of 6 years after or after the last payment on account of the tax or acknowledgement in respect of the tax has been made or given to the council, whichever is the later.

†††††††††††† (3)The lien described in subsection (1) is considered to rank in priority over a grant, deed, lease or other conveyance, and over a judgment, mortgage or other lien or encumbrance affecting the real property affected, or the title to the real property.

†††††††††††† (4)Where proceedings are taken to enforce the lien within the period of 12 years, the lien shall continue in force until the completion of the proceedings.

†††††††††††† (5)The registration of a grant, deed, lease or other conveyance, or of a judgment, mortgage or other lien or encumbrance, whether it was before or after the time the lien for rates attached, in no way affects the priority of the lien.

†††††††††††† (6)It shall not be necessary to register the lien in the Registry of Deeds.

Where sale prohibited

††††† 31. Notwithstanding section 30, real property that is occupied for full-time residential purposes by the owner, not including a person considered to be an owner under section 5, shall not be sold for tax arrears by the council so long as it is occupied in that manner.

Notice to owners

††††† 32. (1) The city clerk shall inquire into the ownership of and encumbrances affecting real property and the names of the present owner and encumbrancers in order to serve each of them with the notice and information required by this section.

†††††††††††† (2)For property to be sold for arrears of taxes, the city clerk shall serve upon the owner and encumbrancers of the real property, where known, a notice signed by the city clerk which shall contain

†††††††††††† (a)a general description of the real property affected;

†††††††††††† (b)the amount of arrears of taxes owing in respect of the real property; and

†††††††††††† (c)a statement that the real property is liable to be sold under this Act for the arrears, with interest and with the expenses of and incidental to the arrears, unless they are paid within 60 days from the date of the notice.

†††††††††††† (3)Service of the notice upon a person mentioned in this section is sufficient for this Act, where it is sent by registered mail to the last known address of the person, or where the address of the person is not known, then by leaving the notice with the tenant or occupant of the real property affected or by posting a copy of the notice in some conspicuous place on the property.

†††††††††††† (4)Where real property has been assessed "owner unknown" or the chief assessor has not provided information respecting ownership or encumbrances and the city clerk has not been able to obtain information respecting ownership, the notice shall be posted in a conspicuous place on the real property affected.

Right of mortgagee

††††† 33. (1) A mortgagee, judgment creditor or other person having a lien, charge or encumbrance upon or against real property liable to be sold for taxes, or in respect of which taxes are due, may, after the lien for taxes has attached and before sale, pay to the city clerk the amount of the taxes, together with all interest and expenses incurred in respect of the real property affected.

†††††††††††† (2)Where a person pays taxes under subsection (1), that person may add the amount paid to his or her mortgage, judgment or other security, notwithstanding a clause or condition to the contrary contained in the security, and shall have the same rights, remedies and privileges against that real property as he or she has under the security held by him or her, and he or she may sue for and recover in an action for debt the amount paid, together with interest, against the person liable under this Act to pay that amount.

Direction for sale

††††† 34. After the time limit in the notice required to be given by section 32 the city shall, on the application of the city clerk, by resolution direct that the real property be sold.

Advertisement for sale

††††† 35. (1) The city clerk shall immediately upon receipt of a copy of the resolution referred to in section 34 proceed to advertise the real property referred to in the resolution for sale at public auction at a time and place that shall be stated in the advertisement.

†††††††††††† (2)Notice of the sale shall be published for at least 30 days immediately before the sale in a daily or weekly newspaper in circulation in the city by one insertion each week, and it shall be sufficient in the notice to put the street and number of real property advertised, or to put other short reference by which the real property may be identified, together with a statement that a full description may be seen at the office of the city clerk.

Sale for arrears

††††† 36. (1) At the time and place mentioned in the notice of sale the city clerk shall, unless the arrears of taxes and interest and the expenses incidental to those proceedings and sale are then, or have been previously, paid to him or her, proceed to sell at public auction the real property or portions of the real property that in his or her judgment are sufficient to pay those taxes, interest and expenses.

†††††††††††† (2)Where the real property described or referred to in the notice of sale is only a portion of real property, and the portion does not sell for a sufficient sum to satisfy the taxes, interest and expenses due with respect to the real property of which it forms a part, the city clerk may immediately, and without further notice, sell the whole or a portion of the remainder of the real property of which the portion sold formed a part to satisfy the taxes, interest and expenses.

†††††††††††† (3)The city, by an official or agent, may bid for and purchase real property being sold to satisfy taxes, interest and other expenses due.

Where no bidder

††††† 37. (1) Where at the time appointed for the sale of real property no bidder appears, or where the city clerk fails at the sale to sell that real property for the full amount of the arrears of taxes, interest and expenses due, he or she shall adjourn the sale until a day then to be publicly named by him or her, not earlier than one week and not later than 2 weeks after.

†††††††††††† (2)The city clerk shall give notice in the paper in which the sale was originally advertised, or where not then in circulation, in another newspaper circulating in the city, of the time and place to which the sale is adjourned and he or she shall again put up the real property at public auction and may sell the real property for any sum that can be realized.

Lien not affected

††††† 38. Where real property is sold for taxes and the sale is set aside for an error, irregularity or other cause, the lien on the real property shall not as a result be discharged but shall continue for the same time as if the date of the setting aside were the date on which the sale took place and the property may again be sold unless the taxes, interest and expenses against it are paid.

Distribution of purchase price

††††† 39. (1) The city clerk shall, out of the purchase money received on the sale of real property, deduct the amount of taxes, interest and expenses owing to the city, and taxes that are due at the time of the sale.

†††††††††††† (2)Where there is a balance of the purchase price remaining after making the deductions in subsection (1), the city shall pay the person entitled to it, or, where there is a dispute as to who is entitled, as determined by an order of the Trial Division on application by the city.

Sale invalid

††††† 40. Where the purchaser of real property at a sale under this Act fails to immediately, after the sale being knocked down to him or her,

†††††††††††† (a)pay the city clerk or his or her agent the amount of the purchase money; or

†††††††††††† (b)deposit with the city clerk an amount equal to the amount of the taxes, interest and expenses of sale for which the real property has been sold,

the city clerk shall immediately put up the real property for sale again.

Assessment after sale

††††† 41. (1) Where real property has been sold under this Act for arrears of taxes, it shall be assessed to the purchaser, his or her executors, administrators or assigns.

†††††††††††† (2)Where the city is the purchaser, the real property shall be assessed to the city.

†††††††††††† (3)Where real property has been sold under this Act for arrears of taxes, the council shall give to the purchaser a valid conveyance in the name of the city signed by the mayor and city clerk or the person appointed by council and sealed with the seal of the city.

Effect of sale

††††† 42. The conveyance referred to in section 41 shall be conclusive evidence that the provisions of this Act with reference to the sale of the real property described in that conveyance have been fully complied with, and everything necessary for the legal perfection of that sale has been performed, and shall have the effect of vesting the real property in the purchaser, his or her executors, administrators or assigns, in fee simple, free from encumbrances.

Act priority

††††† 43. (1) A tax shall not be imposed or collected under the City of St. John's Act in respect of an assessment which has occurred after December 1, 1980.

†††††††††††† (2)Where taxes or fees are provided for in this Act and in the City of St. John's Act, those taxes or fees with respect to services, licences or taxable subjects shall be imposed and collected only under this Act.

PART III
GENERAL

Collection despite appeal

††††† 44. Taxes levied or imposed upon a person under this Act after a decision by the commissioner may be collected or recovered notwithstanding an appeal to the Trial Division.

Repayment on overpayment

††††† 45. (1) Where a person has paid taxes based on an assessment that is subsequently quashed, reversed or varied on appeal, and as a result of which his or her taxes have been overpaid, he or she shall be repaid by the city out of its general revenues the amounts overpaid but where an appeal is taken against that order, the person is not entitled to repayment until the disposition of the appeal.

†††††††††††† (2)No interest shall accrue or be payable where a repayment is made under subsection (1).

Limitations on actions

††††† 46. (1) An action or other proceeding, except an action or other proceeding brought by the city for the collection of taxes, shall not be brought in a court with respect to taxes based on an assessment under the Assessment Act, 2006

†††††††††††† (a)except within 6 months after the date upon which the assessment roll is required by this Act to be forwarded to the city clerk or within 6 months after the forwarding of the assessment roll in case the assessment roll is not forwarded within the time fixed for that purpose; or

†††††††††††† (b)where an appeal has been taken to the court, except within 15 days after the date of the decision of the Trial Division.

†††††††††††† (2)Where an appeal has been taken to the Court of Appeal, an action or proceeding shall not be brought in another court with respect to the assessment except an action or other proceeding brought by the city for the collection of taxes.

Defence barred

††††† 47. An issue or matter that could have been raised by way of appeal to the commissioner or the Trial Division within the times limited for that appeal shall not be raised by way of defence in an action or other proceeding brought by or on behalf of the city.

PART IV
CONSEQUENTIAL, REPEAL
AND COMMENCEMENT

Consequential amendments

††††† 48. (1) Subsection 99(11) of the City of St. John's Act is amended by deleting the reference "St. John's Assessment Act" and substituting the reference "City of St. John's Municipal Taxation Act".

†††††††††††† (2)Subsection 403.2(4) of the Act is amended by deleting the reference "St. John's Assessment Act" and substituting the reference " City of St. Johnís Municipal Taxation Act ".

†††††††††††† (3)Subsection 39.2(4) of the Urban and Rural Planning Act, 2000 is amended by deleting the reference "St. John's Assessment Act" and substituting the reference "City of St. John's Municipal Taxation Act".

Repeal

††††† 49. The St. John's Assessment Act is repealed.

Commencement

††††† 50. This Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.