77.5 (1) Subject to subsections (3) and (4), the Minister may make an order, (a) authorizing the procurement, acquisition and seizure of any medications and supplies provided for in the order; and (b) requiring any person provided for in the order to provide the medications and supplies to any person provided for in the order, on the date or within the dates provided for in the order.  2007, c. 10, Sched. F, s. 15. Other provinces and territories (2) Nothing in this section shall require a person subject to an order to provide to the Minister or to another person specified in the order a quantity of medications and supplies if there exists or may exist an immediate risk that the health of patients in another province or territory of Canada would be jeopardized.  2007, c. 10, Sched. F, s. 15. When order may be made (3) The Minister may make an order under subsection (1) where the Chief Medical Officer of Health has certified in writing that, (a) there exists or there may exist an immediate risk to the health of persons anywhere in Ontario; (b) the medications and supplies are necessary to address the risk; and (c) the Chief Medical Officer of Health is of the opinion that regular procurement processes for medication and supplies are unable to meet the needs of persons in Ontario.  2007, c. 10, Sched. F, s. 15. Restriction, private residence (4) An order under subsection (1) may not authorize entry into a private residence without the consent of the occupier.  2007, c. 10, Sched. F, s. 15. No hearing required (5) The Minister is not required to hold a hearing or give any person an opportunity to be heard or to make submissions before making an order under subsection (1).  2007, c. 10, Sched. F, s. 15. Provision of information (6) For the purposes of this section, the Minister may issue a direction requiring any person to provide such information as the Minister considers necessary in order to identify persons who may have medications and supplies, and any person to whom such a direction is made shall comply with it.  2007, c. 10, Sched. F, s. 15. Order of Superior Court judge (7) Where a judge of the Superior Court of Justice is satisfied, on information provided under oath on an application without notice, that a person provided for in an order under subsection (1) or a direction under subsection (6) has failed to comply with the order or direction, the judge may, (a) in the case of a failure to comply with an order under subsection (1), make an order directing a sheriff, police force, or any person or persons provided for in the judge’s order, to seize the medications and supplies provided for in the Minister’s order; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 77.5 (7) (a) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 22 (6)) (b) in the case of a failure to comply with a direction under subsection (6), make an order requiring that the direction be complied with.  2007, c. 10, Sched. F, s. 15. Reasonable times (8) An order under subsection (1) or (7) or a direction under subsection (6) may be exercised at any reasonable time provided for in the order or direction.  2007, c. 10, Sched. F, s. 15. Compensation for loss of property (9) If, as the result of the making an order under this section, a person suffers a loss, including a taking, of any personal property, the Lieutenant Governor in Council may by order authorize the reasonable compensation of the person for the loss in accordance with such guidelines as may be approved by the Lieutenant Governor in Council.  2007, c. 10, Sched. F, s. 15. Not expropriation (10) Nothing done under an order made under subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law and there is no compensation for the loss, including a taking, of any real or personal property except in accordance with subsection (9).  2007, c. 10, Sched. F, s. 15. Definition (11) In this section, “medications and supplies” include antitoxins, antivirals, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical agents, medical supplies and medical equipment.  2007, c. 10, Sched. F, s. 15. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. F, s. 15 - 07/08/2007 2018, c. 3, Sched. 5, s. 24 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 22 (6) - not in force