77.4 (1) The Minister, in the circumstances mentioned in subsection (3), and subject to subsection (1.1), by order may require the occupier of any premises to deliver possession of all or any specified part of the premises to the Minister to be used for public health purposes. 2011, c. 7, s. 2 (1). Publicly owned premises (1.1) The Minister may only make an order under subsection (1) with respect to premises that are publicly owned premises, unless the premises are to be used as a temporary isolation facility. 2011, c. 7, s. 2 (1). Extension (2) An order under subsection (1) shall set out an expiry date for the order that is not more than 12 months after the day of its making and the Minister may extend the order for a further period of not more than 12 months. 2007, c. 10, Sched. F, s. 15. Grounds for order (3) The Minister may make an order under subsection (1) where the Chief Medical Officer of Health certifies in writing to the Minister that the Chief Medical Officer of Health is of the opinion that, (a) there exists, or there is an immediate risk of, an outbreak of a communicable disease anywhere in Ontario, or there exists, or there may exist, an immediate risk to the health of persons anywhere in Ontario; and (b) the premises are needed for use for public health purposes in respect of the immediate risk of an outbreak of a communicable disease, the outbreak of the communicable disease or the immediate risk to the health of persons. 2011, c. 7, s. 2 (2). Delivery of possession (4) An order under subsection (1) may require delivery of possession on the date specified in the order. 2007, c. 10, Sched. F, s. 15. Hearing and submissions (5) The Minister need not hold or afford to any person an opportunity for a hearing or afford to any person an opportunity to make submissions before making an order under subsection (1). 2007, c. 10, Sched. F, s. 15. Order for possession (6) Where a judge of the Superior Court of Justice is satisfied on evidence upon oath, (a) that it is reasonable to believe that, (i) there exists, or there is an immediate risk of, an outbreak of a communicable disease anywhere in Ontario, or (ii) there exists, or there may exist, an immediate risk to the health of persons anywhere in Ontario; (b) that it is reasonable to believe that the premises are needed for use for public health purposes in respect of the communicable disease or the immediate risk to the health of persons; and (c) that the occupier of the premises, (i) has refused to deliver possession of the premises to the Minister in accordance with the Minister’s order under subsection (1), (ii) is not likely to comply with the Minister’s order under subsection (1), or (iii) cannot be readily identified or located and as a result the Minister’s order under subsection (1) cannot be carried out promptly, the judge may issue an order directing the sheriff for the area in which the premises are located, or any other person whom the judge considers suitable, to put and maintain the Minister and any persons designated by the Minister in possession of the premises, by force if necessary. 2007, c. 10, Sched. F, s. 15; 2011, c. 7, s. 2 (3). Execution of order (7) An order made under this section shall be executed at reasonable times as specified in the order. 2007, c. 10, Sched. F, s. 15. Application without notice (8) A judge may receive and consider an application for an order under this section without notice to and in the absence of the owner or the occupier of the premises. 2007, c. 10, Sched. F, s. 15. Compensation (9) The occupier of the premises is entitled to compensation from the Crown in right of Ontario for the use and occupation of the premises and in the absence of agreement as to the compensation the Ontario Land Tribunal shall, on application, determine the compensation in accordance with the Expropriations Act. 2007, c. 10, Sched. F, s. 15; 2021, c. 4, Sched. 6, s. 52 (1). Procedure (10) Except in respect of proceedings before the Ontario Land Tribunal in accordance with subsection (9), the Expropriations Act does not apply to proceedings under this section. 2007, c. 10, Sched. F, s. 15; 2021, c. 4, Sched. 6, s. 52 (2). Definitions (11) In this section, “public health purposes” mean any purposes described in section 2; (“fins de santé publique”) “publicly owned premises” means premises whose owner is part of the “broader public sector” within the meaning of subsection 1.0.19 (2) of the Financial Administration Act. (“lieu public”) 2011, c. 7, s. 2 (4). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 15 - 07/08/2007 2011, c. 7, s. 2 (1-4) - 04/05/2011 2021, c. 4, Sched. 6, s. 52 (1, 2) - 01/06/2021