Tax Sale

Notice of Annual Tax Sale

The Local Government Act requires the City to sell properties with delinquent taxes at public auction.

When: Monday, September 25, 2017
Time: 10:00 a.m.
Where: City of Chilliwack, Council Chambers
8550 Young Road, Chilliwack, BC

Properties which may be included in the annual tax sale will be listed in the local newspaper twice in the weeks preceding the tax sale. If the delinquent taxes are paid before 10:00 a.m. on the tax sale day, they will be removed from the list of properties.

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Prospective Bidder Information

  • Very few properties are purchased by tax sale as the owner has one year to redeem the property.
  • Owners retain rights during the redemption period including the right to possess the property; they have the right to remain living on the property.
  • Prospective bidders are advised that it is their responsibility to search the title of the property in advance to determine if there are any charges registered against the property.
  • The lowest amount for which a property may be sold at tax sale is the upset price. The highest bidder above the upset price must be declared the purchaser.
  • A municipal council may designate a bidder on behalf of the municipality. If there is no bid, the municipality must be declared the purchaser.
  • The purchase of a tax sale property is subject to tax under the Property Transfer Tax Act on the fair market value of the property at the time of the conveyance.

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How to Avoid Tax Sale

  • Pay your delinquent property taxes as soon as possible, before the tax sale on the last Monday in September, as interest is charged daily.
  • Claim your Home Owner Grant (if eligible) by the due date.
  • Pay your delinquent tax balance by the last business day in August to avoid your property from being listed in the newspaper. Only payments received before the ad deadline will be removed from the list of properties listed in the local newspaper.
  • Contact your mortgage holder if you are unable to pay the delinquent tax balance.
  • Call our office at 604-792-9498 for the delinquent amount outstanding including daily interest.

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How to Pay

Payment for delinquent taxes will be accepted in the following forms:

  • Cheques that are not certified are accepted until the last business day in August.
  • Telephone or internet banking (allow 3 to 4 business days for payment to reach our account) - Do not pay by telephone or internet banking after the third Friday in September to allow for bank processing time as funds must reach our account.
  • Certified cheque or money order.
  • Bank draft.
  • Lawyer's trust cheque.
  • Interac (at City Hall).
  • Cash (at City Hall).

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Redemption Period

The current owner has one year after the property is sold at Tax Sale to pay all taxes, interest and charges to retain ownership of their property. This is called the redemption period.

Registered charge holders, as well as the owner, have full right to redeem the property. To redeem the property, the charge holder must remit the upset price, plus interest on the purchase price at a rate set by the Province, within one year of the Tax Sale.

The upset price is calculated as the sum of:

  • Outstanding current, arrears and delinquent taxes,
  • Penalties and interest on tax balances,
  • 5% of outstanding taxes, penalties and interest, and
  • Fees as per the Land Title Act.

As soon as the property is redeemed, the Collecter will refund to the Tax Sale purchaser the purchase price, plus interest, to the date of redemption.

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Rights During Redemption Period

The Local Government Act, Part 11, Section 421 Effect of tax sale on rights of owner is summarized below for your convenience. (In the event of discrepancy the Local Government Act will prevail).

  • Once a property is sold at the tax sale, the original owner continues to have the right to live on the property.
  • Original owner has the right to sell the property, but purchaser will want the outstanding taxes paid.
  • Purchaser is registered on title.
  • Purchaser has the right to enter the property in order, as a chargeholder, to maintain it in proper condition.

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Property Not Redeemed

If the property is not redeemed during the one year period, the Collecter registers the new owner at the Land Titles and Survey Authority Office, cancelling all previous charges, except for those set out in Section 276(1) (c) to (g) of the Land title Act. Section 276 lists rights and claims which continue to exist after a property is sold at tax sale including, but not limited to easements, restrictive covenants, rights of way, and liens or mortgages of the Crown or Improvement District.

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Resources

The information provided on this page is intended as a general outline of the Tax Sale process.

For complete information prospective purchasers should consult the governing legislation such as:

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