THE CITY OF PETERBOROUGH
THE MUNICIPAL ACT, S.O. 2001, C. 25
Part XI Sale of Land for Tax Arrears
Section 379 Sale by Public Tender
INFORMATION BULLETIN
PLEASE READ CAREFULLY
The Municipal Act section 371 provides the following important definitions:
"Cancelation Price" means the amount equal to all the arrears owing at any time in respect of land together with all current real property taxes owing, interest and penalties thereon and all reasonable costs incurred by the municipality after the treasurer becomes entitled to register a tax arrears certificate under section 373.
"Tax Deed" is a tax deed as prescribed by section 379 of the Act and includes the title conferred by the registration of the tax deed.
"Tax Arrears" means any real property taxes placed on or added to a tax roll that remains unpaid on January 1 in the year following that in which they were placed or added to the roll.
"Notice of Vesting" means a notice of vesting as prescribed by section 379 of the Act and includes the title conferred by the registration of the notice of vesting.
- The minimum bid is the Cancellation Price.
- A separate tender must be provided for each parcel bid on and must be in the form provided (Form 7 Tender of Purchase). No substitutes can be accepted.
- The bid is ONLY for the unique property identified by way of Municipal Roll number, the Municipal Address and the identified PIN or part PIN thereof.
- The tender must be accompanied by a deposit of at least 20% of the tender/bid amount (NOT the Cancellation Price amount) by way of money order, bank draft, or certified cheque and PAYABLE TO THE "CITY OF PETERBOROUGH".
- The City is not obliged to provide a survey of reference plan for any parcel of land being sold under tax sale. The location maps, provided as a courtesy, hereto are not surveys and may be used for approximate location purposes only.
- The City Treasurer is not obliged to inquire into the value of land prior to conducting a sale nor is there any obligation to obtain fair market value for the land or to ensure the land being sold under tax sale may obtain fair market value at the time of the sale or in the future.
- Prior to submitting a tender, the onus is on the potential bidder to conduct his/her own inquiries into such matters as zoning, road access, work orders, water/hydro and other arrears, building restrictions, title problems.
- The City makes no representation whatsoever as to the quality and/or quantity of the land being purchased, including any environmental concerns.
- The Municipal Property Assessment Corporation can be reached at 1-866-296-6722.
- Potential bidders are further advised that a lawyer should be retained in order to ensure that his/her interests are protected prior to the submission of a bid/tender.
- The City does not conduct tours or provide access to properties being sold under tax sale.
- The City does not provide legal opinions to potential bidders in respect to issues that may arise in the context of a public sale.
- It two bids of equal amount are tendered, the person who submitted the earlier bid will be deemed to be the higher bid.
- The successful tender is the highest bidder who has submitted a properly completed tender and who makes payment within fourteen calendar days of being notified by mail, of the balance of the amount tendered, the appropriate land transfer tax, other related Provincial and Federal Taxes in addition to accumulated property taxes, including Penalties and Interest to the City of Peterborough after the Property has been advertised.
- Land Transfer Tax is an amount payable to the Minister of Finance by certified cheque, cash, or money order which is calculated as follows:
Land Transfer Tax
Amounts up to and including $55,000.00 |
0.5% |
Amounts exceeding $55,000.00 up to and including $250,000.00 |
1.0% |
Amounts exceeding $250,000.00 up to and including $400,000.00 |
1.5% |
Amounts exceeding $400,000.00 up to and including $2,000,000.00 |
2.0% |
Amounts over $2,000,000.00 |
2.5% |
- If the highest bidder does not submit the remaining funds as described, then the highest bidder's deposit is forfeited and the land is offered in the same manner to the second highest dibber who then has fourteen calendar days from the date of notification to tender the monies owing to the City Solicitor's Department, failure by the second highest bidder to submit the remaining funds will also result in their deposit being forfeited to the City.
- If there is no successful bidder then the land may vest into the City, and the City may register a Notice of Vesting in favour of the City within one year from the date of the failed Tax Sale.
- A Tax Deed, which is provided to the successful purchaser at the time when the balance of the Cancellation Price is paid, provides to the purchaser title to the land in "fee simple" subject only to:
- easements and restrictive covenants; and
- estates and interest of the Crown in right of Canada or the Province of Ontario (I.e.: execution in favour of the Ministry of Finance); and
- adverse possession interest by abutting owners, it any.
- The City if not required to provide vacant possession of any properties which may be occupied and accordingly, should the purchaser require vacant possession, at his or her cost, may be required in order to obtain a Writ of Possession. Further, the City does not have a key to the property and therefore is not in a position to provide one to the purchaser. This is the responsibility of the purchaser.
NOTE: The City reserves the right to cancel any property from the tax sale at any time prior to the registration of the deed, to the successful purchaser.
Please ensure the Tender Envelope and Tender Document (Form 7) are accurately and entirely completed including identifying the property that you are bidding on, your name and a phone number to reach you during business hours.
If you have submitted a bid and the property has been cancelled from the sale, or you are not the successful bidder, you can only receive the bid documents and deposit with appropriate identification after the bid has closed and the bids are opened on September 23, 2025 at approximately 3:05 pm.