Torbay, Newfoundland and Labrador
· adopted 2026-02-16
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43
torbay
TOWN OF TORBAY
ARRERS SALE BY-LAW
Revised February 2026
These Arrears
Sale
By-laws
are adopted
by
Motion
of Council,
this _l6th____ day
of
_February__________ 2026. Resolution No.:
RES-57-2026_______________
/
_______________
Craig Scott
Kim Osmond
Mayor
Town Clerk
SIGNED AND SEALED this _19th____ day of
February_______ 2026.
TOWN OFTORBAY
Orbay
ARREARS SALE BY-LAW
TOWN OF TORBAY
ARREARS SALE BY-LAW
Original adoption to align with the
new Town and Local Service
February 3, 2025
-- Motion No.: RES-XX-2025
Rev 0
Districts Act, 2023
Revised
February 18, 2026-- Motion No.: RES-57-2026
Rev 1
TOWN OFTORBAY
Orbay
ARREARS SALE BY-LAW
These By-laws have been adopted by the Town Council of the Town of Torbay pursuant to section
7(1)(d) of the Towns and Local Service Districts Act, SNL 2023 c T-6.2.
1. TITLE
1 .1
This document will be known and cited as the 'Town of Torbay Arrears Sale By
laws'.
2.
DEFINITIONS I INTERPRETATION
For the purpose of these By-laws, the following definitions shall apply:
2.1
"Act" means the Towns and Local Service Districts Act, 2023 c T-6.2, as amended
from time to time.
2.2
"Appellant" means a person who files an appeal pursuant to section 5 of these By
laws;
2.3
"Arrears Sale" means the sale of real property by the Town to recover unpaid real
property taxes, water and sewer fees, or local improvement fees in relation to the
real property;
2.4
"Auction" means a public auction conducted pursuant to section 3 of these By-laws;
2.5
"Bidder" means a member of public in attendance in person at an Auction;
2.6
"By-laws" means these Arrears Sale By-laws;
2.7
"Council" means the Town Council of the Town;
2.8
"Town" means the Town of Torbay; and
2.9
"Town Manager" means the person appointed under section 58 of the Act.
3. ARREARS SALE PROCEDURES
3.1
An Arrears Sale shall be conducted by a public auction at the time and in the place
within the Town referred to the advertisement issued under section 151(5) of the
Act.
3.2
The Auction shall be conducted as follows:
3.2.1
Council may engage a professional auctioneer or other person to act as
auctioneer, and in the absence of such person being engaged, the Town
Manager shall be the auctioneer.
II
TOWN OFTORBAY
orbay
ARREARS SALE BY-LAWS
3.2.2
At the time advertised for the commencement of the Arrears Sale, the doors
to the room in which the Auction is being conducted shall be secured so as
to allow no new Bidders to enter.
3.2.3
The auctioneer shall identify the property available for sale by stating the civic
address and the names of the owners identified on the tax roll, if any;
3.2.4
Where an Auction is being conducted pursuant to section 152 of the Act
(i)
the auctioneer shall state the minimum bid for the property, being the
amount equal to the outstanding taxes, fees and interest in respect of
the property together with the expenses incidental to the Arrears Sale;
(ii)
the auctioneer shall call for bids at the minimum bid and then in
increasing increments of not less than $100.00 until there is no Bidder
for such increment; and
(iii)
if, after calling three times for a higher bid no higher bid is made, the
auctioneer shall declare the highest Bidder the successful purchaser of
the property.
(b)
Where an Auction is being conducted pursuant to section 153 of the Act:
(i)
the auctioneer shall state the starting bid for the property, being the
amount equal to the outstanding taxes, fees and interest in respect of
the property together with the expenses incidental to the Arrears Sale;
(ii)
the auctioneer shall call for bids at the starting bid and (x) if there is a
bidder for such amount call for bids in increasing increments of not less
than $100.00 until there is no Bidder for such increment, or (y) if there
is no bidder for such starting bid call for bids in such increments as the
auctioneer shall determine until there is a Bidder; and
(iii)
if, after calling three times for a higher bid no higher bid is made, the
auctioneer shall declare the highest Bidder the successful purchaser of
the property.
4. ARREARS SALE PROCEDURES
4.1
A person receiving notice of an Arrears Sale pursuant to section 151(1) of the Act
may, within 14 days of service of the notice, file an appeal with the Town.
4.2
An appeal under section 5 of these By-laws shall be in writing, setting out in detail
the grounds for the appeal and including supporting documentation.
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TOWN OFTORBAY
orbay
ARREARS SALE BY-LAWS
4.3
The appeal shall be a rehearing by Council of the decision taken under section 150
of Act and shall be considered at a special meeting of Council.
4.4
The Appellant may attend the special meeting of Council referred to in section 7 but
shall have no right to make oral submissions at such meeting.
4.5
At the special meeting of council referred to in section 7, Council shall make one of
the following decisions:
i.
deny the appeal and direct that written reasons for the decision be provided to
the Appellant;
ii.
allow the appeal and rescind the resolution directing the property be sold by
arrears sale; or
iii.
require further information of the Appellant or staff and adjourn the meeting to
a determined date.
4.6
Where an appeal has been filed, the property subject to the appeal shall not be
advertised for sale at an Auction until the appeal has been decided.
5. GENERAL
5.1
In the case of an inconsistency between the provisions of these By-laws and the
provisions of the Act, the provisions of the Act shall govern to the extent of such
inconsistency.