The Municipal Act permits Municipalities to apply amounts for certain public utility fees and charges to the tax roll.
Any amounts that are invoiced by utility providers and unpaid by the user can be applied as a lien on the property taxes and collected in the same manner as taxes on the property. In addition, once added to the tax roll, these utility amounts can be included in the cancellation price of a property listed for tax sale.
Provincial legislation under the Municipal Act provides that charges for the public utility supply may be added to the taxes for the property to which the utility was supplied, including the arrears of the tenants of an owner’s property or the previous owner. The owner’s responsible for ensuring that the tenant is paying the water and wastewater charges. Additionally, unpaid utility charges are liens on the property, not the owner.
An account adjustment fee will be added to the tax account when water and wastewater arrears are applied to the tax account. The fee is charged in accordance with the User Fee By-law.
Along with water and wastewater charges, Accounts Receivable and By-Law amounts may be applied to your tax roll if they remain unpaid 30 days after the invoice date.
Section 398 of the Municipal Act:
- The treasurer of a local municipality may, and upon the request of its upper-tier municipality, if any, or of a local board whose area of jurisdiction includes any part of the municipality, shall add fees and charges imposed by the municipality, upper-tier municipality or local board, respectively, to the tax roll for the following property in the local municipality and collect them in the same manner as municipal taxes: In the case of fees and charges for the public utility supply, the property to which the public utility was supplied.
- In all other cases, any property for which all of the owners are responsible for paying the fees and charges. 2001, c. 25, s. 398 (2); 2006, c. 32, Sched. A, s. 170 (2).
Priority lien status
According to the Municipal Act, Section 398, fees and charges imposed by a municipality or local board under the Act for specific services which are added to the tax roll have priority lien status, which means that they form a lien against the property that can be collected in the same manner as taxes. The municipality has the authority to collect amounts owing on the property tax account before mortgage companies and financial institutions, as well as other levels of government.