26 (1) The Minister may at any time and despite subsections 25 (2) and (3) waive or release all or part of the Crown’s interest in forfeited corporate property or may dispose of it by transferring or restoring it to an applicant who satisfies the Minister that the applicant has a legal or moral claim to the property based on facts that arose before the property became forfeited corporate property. 2015, c. 38, Sched. 7, s. 26 (1). Timing of application (2) Subject to subsection (3), an application under this section must be made before the earliest of the following: 1. The day that is 10 years after the day the property became forfeited corporate property. 2. The day the Minister disposes of the Crown’s interest in the property. 3. In the case of real property, the day a notice is registered on title to the property under section 24, indicating that the Crown intends to use the property for Crown purposes. 4. In the case of personal property, the day the Crown begins to use the property for Crown purposes. 2015, c. 38, Sched. 7, s. 26 (2). Exception (3) If none of the events described in paragraph 2, 3 or 4 of subsection (2) occurs during the 10 years after the day the property becomes forfeited corporate property and an applicant satisfies the Minister that there were compelling reasons not to apply within that 10-year period, the application may be made before the earliest of the events described in paragraphs 2, 3 and 4 of subsection (2). 2015, c. 38, Sched. 7, s. 26 (3). Form of application (4) An application under this section shall be made in accordance with the regulations, if any. 2015, c. 38, Sched. 7, s. 26 (4). Application by revived prior corporate owner (5) If a prior corporate owner is revived and forfeited corporate property is not restored to it at the time of revival, it may make an application under this section in respect of that property. 2015, c. 38, Sched. 7, s. 26 (5). Considerations (6) In determining whether to dispose of property under this section, the Minister may consider, (a) whether the applicant could have brought a claim against the prior corporate owner but did not do so, and any reasons the applicant gives for not having done so; (b) the nature of the applicant’s legal or moral claim to the property; (b.1) whether the property was owned by the prior corporate owner as a tenant in common; (c) the applicant’s relationship to the prior corporate owner or to the shareholders or members of the prior corporate owner; (d) whether the applicant had entered into an agreement to purchase the property and, if so, the date on which the agreement was executed; (e) whether any amounts are due to the Crown in connection with the property and, if so, how the amounts may be recovered; (f) whether the applicant has incurred any costs in connection with the property after it became forfeited corporate property; (g) whether the applicant owes any debts to the Crown; (h) whether the property is charitable property; (i) whether any real property taxes are owed in respect of the property, and whether the taxes have been paid after it became forfeited corporate property, as if they were owing; (j) whether any property taxes within the meaning of the Provincial Land Tax Act, 2006 are owed in respect of the property, and whether the taxes have been paid after it became forfeited corporate property, as if they were owing; (k) whether any debts are owed to a municipality in respect of the property and whether any such debts have been paid after it became forfeited corporate property; (l) whether there are any encumbrances in respect of the property, and whether the Minister has made an order to cancel encumbrances against the property; (m) whether there are any competing claims in respect of the property; and (n) any other matters the Minister considers relevant. 2015, c. 38, Sched. 7, s. 26 (6); 2020, c. 34, Sched. 6, s. 5. Same, living accommodation (7) In determining, under this section, whether to dispose of property that is occupied as a living accommodation, the Minister may also consider, (a) whether the property is a matrimonial home; (b) whether the applicant is the spouse of the individual who was the only shareholder or member of the prior corporate owner; (c) whether the applicant and his or her spouse were the sole shareholders or members of the prior corporate owner; and (d) whether the applicant occupies the property as his or her primary residence. 2015, c. 38, Sched. 7, s. 26 (7). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 5 - 01/01/2021