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671 Procedure If Purchaser Under Agreement For Sale Defaults

In This Volume

671 (1) The collector must send a notice in accordance with subsection (2) if

  • (a) land becomes the property of the municipality as a result of tax sale or failure to pay taxes and is sold by agreement for sale, and
  • (b) there is default in the payment to the municipality of any instalment or interest.
  • (2) The notice under subsection (1)
  • (a) must be sent to the purchaser
    • (i) by personal service on the purchaser, or
    • (ii) by registered mail to the purchaser at the purchaser’s address named in the agreement for sale, and
  • (b) must be to the effect that, if the amounts in default are not paid within 90 days from the date of the service or mailing,
    • (i) all the right, title and interest of the purchaser in and to the agreement for sale, the amounts paid under it and the land referred to in it will cease and determine, and
    • (ii) the amounts paid under the agreement for sale will be forfeited to the municipality.
  • (3) On application, the Supreme Court may order that a notice under subsection (1) may be served by substituted service in accordance with the order.
  • (4) If the purchaser fails to pay or cause to be paid the amounts in default within the period referred to in subsection (2)(b),
  • (a) all that person’s right, title and interest in and to the agreement for sale, the amounts paid under it and the land referred to in it cease and determine,
  • (b) the land immediately revests in the municipality, free from all claims in respect of the agreement for sale, and
  • (c) all amounts paid under the agreement are forfeited to the municipality.
  • (5) Despite the Law and Equity Act or any rule of law or equity to the contrary, a person may not commence or bring an action against the municipality for relief against forfeiture or otherwise in respect of the cancellation of the agreement for sale or the retainer of the money paid to the municipality under the agreement for sale.
  • (6) On the collector filing in the land title office an affidavit of the continuation of the default after the end of the 90 day period, together with evidence of notice or service, the registrar of land titles must cancel all charges or encumbrances, of any type, appearing in the records of the land title office against the land.
  • (7) The registrar of land titles may require evidence of sufficiency of service and, if not satisfied, the service must be done in the manner the Supreme Court may direct on an application by the municipality without notice to any other person.

RS1960‑255‑476; 1978‑25‑334; 1992-18-54, effective July 24, 1992 (B.C. Reg. 283/92); RSBC 2015-1-671, effective January 1, 2016 (B.C. Reg. 257-2015).


The registrar requires that service be proven by affidavit.