WHEREAS the Local Government Act specifies the statutory process of tax sale; AND WHEREAS the Supreme Court of British Columbia has produced two conflicting decisions on a municipalitys ability to set aside a tax sale due to manifest error under Section 4232 of the Local Government Act: THEREFORE BE IT RESOLVED that UBCM petition the Ministry of Community Services to amend the legislation to confirm the municipalitys jurisdiction to set aside a tax sale based on manifest error to include the entire tax sale procedure and not just the tax sale itself or the proceedings before the tax sale.
Ministry of Community Services The Ministry of Community Services is aware of the ruling in the case of McCready v. City of Nanaimo which gives rise to this resolution. The Ministry is committed to reviewing this decision to determine whether amendments to the tax sale and redemption provisions are warranted.