38 (1) The Fire Marshal, a fire chief or an assistant to the Fire Marshal may inform a municipality as to the amount of any of the following expenses incurred by the municipality or the Province of Ontario that relate to things done in connection with land or premises in the municipality and instruct the municipality to recover the amounts: 1.  Expenses incurred in carrying out an order made under subsection 31 (3) that relates to the land or premises. 2.  Where an order to pay costs has been issued under section 35 to a person who owns the lands or premises in the municipality, i.  expenses incurred in doing anything done in accordance with an authorization given under section 33 to do things to the land or premises, i.1  expenses incurred in doing anything to cause land or premises to be closed immediately under clause 21 (2) (b), or ii.  expenses incurred in doing a thing under section 15 in order to remove or reduce an immediate threat to life on the land or premises.  1997, c. 4, s. 38 (1); 2023, c. 12, Sched. 4, s. 4. Municipal lien (2) Upon receiving instructions under subsection (1), a municipality shall have a lien against the land or premises in respect of which expenses referred to in subsection (1) were incurred for the amount of the expenses.  1997, c. 4, s. 38 (2). Lien (3) The amount of any expenses referred to in subsection (1) shall have priority lien status, as described in section 1 of the Municipal Act, 2001, or section 3 of the City of Toronto Act, 2006, as the case may be, and shall be added by the treasurer of the municipality to the tax roll.  2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (2). Remitting costs to Province (4) Subject to subsection (7), money collected in accordance with subsection (3) in order to recover expenses referred to in subsection (1) that were incurred by the Province of Ontario shall be paid by the municipality to the Minister of Finance; but the municipality may retain such amounts as may be reasonably attributable to the collection.  1997, c. 4, s. 38 (4). Same (5) A lien created under subsection (2) in favour of a municipality for amounts incurred by the Province of Ontario is not an estate or interest of the Crown within the meaning of clause 379 (7) (b) of the Municipal Act, 2001 or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be.  1997, c. 4, s. 38 (5); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (3). Interpretation (6) In subsections (7) and (8), “cancellation
price” has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.  2006, c. 32, Sched. C, s. 20 (4). Proceeds of tax sale (7) If there is a sale of land under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be, and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Environmental Protection Act or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land.  1997, c. 4, s. 38 (7); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (5). Cancellation price (8) Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be.  2006, c. 32, Sched. C, s. 20 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 20 (2-6) - 01/01/2007 2023, c. 12, Sched. 4, s. 4 - 08/06/2023