Tenders forms are usually obtained from the municipal office holding the sale.

The municipality must always specify the minimum tender required, this being the amount of back taxes due and expenses incurred.

If one wishes to submit a tender, it must be accompanied by a deposit of at least 20 per cent of the tender amount. Because this 20 per cent is your deposit, it should be made by way of money order, bank draft, or cheque certified by a bank or trust company.

The tender, along with the required form, is to be submitted in a sealed envelope on the outside of which is indicated "Tax Sale for " (give a short description or municipal address of the property sufficient to permit the treasurer to identify the parcel of land to which the tender relates). Insert your sealed tender into a second envelope and address it to the treasurer.

A tender can relate to only one parcel of land. Separate tenders are required if you wish to bid on more than one property.

On receiving an envelope identified as containing a tender, the treasurer will mark on it the time and date of its receipt and will retain it unopened in a safe place.

When two or more tenders are for equal amounts, (if this should occur) the tender that was received earlier will be deemed to be higher.

A tender is withdrawn if the tenderer's written request to have the tender withdrawn is received by the treasurer before 3 p.m. local time on the last date for receiving tenders.

The treasurer, at a place in the municipality that is open to the public, will open the sealed envelopes containing the tenders as soon as possible after 3 p.m. local time on the last date for receiving tenders.

The sealed envelopes will be opened in the presence of at least one person who did not submit a tender, which person may be a municipal employee.

After opening the sealed envelopes, the treasurer will examine their contents and reject every tender that

  • is not equal to or greater than the minimum tender amount as shown in the advertisement
  • does not have at least a 20 per cent deposit of the tender amount in the form of a money order, bank draft, or certified cheque
  • does not come in a sealed envelope with the required information on it
  • includes any term or provision not provided for in these rules
  • has been withdrawn
  • Afterwards, the treasurer will reject all but the two highest of the remaining tenders.

Every rejected tender will be returned to the tenderer with the deposit, if any, and a statement giving the reason for rejection.

If there is no tender or successful tenderer, the property in question becomes a possession of the municipality.

If there are two tenders remaining for a piece of property, the treasurer will notify the higher tenderer by ordinary mail sent to the address showing in the tender, that he/she will be declared to be the successful purchaser if, within fourteen calendar days of the mailing of notice, the balance of the amount tendered, the applicable land transfer tax, and the accumulated taxes are paid, in cash, to the treasurer.

If the higher tenderer makes the payment, the treasurer will declare the tenderer to be the successful purchaser.

If the higher tenderer does not make the payment, the tenderer's deposit will be forfeited forthwith to the municipality and the treasurer will offer the parcel to the second highest tenderer.

 

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