9 (1) Any individual occupying a house on the Islands on the day this Act comes into force may apply to the Commissioner, within sixty days after the day this Act comes into force, for a determination of his or her status as a protected occupant.  1993, c. 15, s. 9 (1). Deemed application (2) Every unsuccessful applicant for ownership of a house under subsection 7 (1) is deemed to have applied under subsection (1).  1993, c. 15, s. 9 (2). Determination (3) Within thirty days after the vesting of ownership in a house under subsection 7 (2) or the Minister deciding entitlement to ownership of a house under subsection 8 (2), the Commissioner shall determine whether an applicant under subsection (1) is a protected occupant.  1993, c. 15, s. 9 (3). Determination final (4) The determination of the Commissioner is final.  1993, c. 15, s. 9 (4). Entitled to occupy house (5) A protected occupant is entitled to exclusive occupation of the house he or she occupied on the day this Act comes into force until the expiry of the prescribed period of time or until he or she becomes an occupant of another house on the Islands, whichever occurs first.  1993, c. 15, s. 9 (5). House occupation charge (6) In addition to the occupation charge for the land under subsection 28 (2) and the amounts due under subsection 28 (4), a protected occupant shall pay a prescribed occupation charge for the house to the Trust.  1993, c. 15, s. 9 (6). In trust for owner (7) The Trust shall bill the protected occupant and hold the occupation charge for the house in trust for the owner of the house.  1993, c. 15, s. 9 (7). Payment of occupation charge to owner (8) The Trust shall pay the occupation charge for the house plus interest at a prescribed rate, less any taxes or utility rates owing to the City as referred to in subsection 7 (4), to the owner of the house upon the sale under section 17 of the land lease to the owner or upon the sale pursuant to clause 17 (6) (c) of the house and land lease to another person.  1993, c. 15, s. 9 (8). Notice of arrears (9) The Trust shall give a notice of arrears by personal service to a protected occupant who has been in arrears of the occupation charge, municipal property taxes, the charge under subsection 5 (4) or a charge under subsection 13 (2) for thirty days.  1993, c. 15, s. 9 (9). Effect of arrears (10) If a protected occupant remains in arrears of any of the charges or taxes referred to in subsection (9) for thirty days after the date of service of the notice of arrears, he or she shall, (a) cease on that day to be a protected occupant; and (b) cease on that day to be entitled to occupy the house.  1993, c. 15, s. 9 (10). Writ of possession (11) Where an individual continues to occupy a house after he or she ceases to be entitled to occupy the house as a protected occupant, the Trust shall apply to a judge of the Superior Court of Justice for an order for a writ of possession.  1993, c. 15, s. 9 (11); 2006, c. 19, Sched. C, s. 1 (1). Service and contents of notice (12) The application under subsection (11) shall be served on the protected occupant at least four clear days before the day for the return of the application and it shall contain the following warning in English or French, as may be appropriate:  If you intend to dispute the applicant’s claim, you must attend before the local registrar of the Superior Court of Justice 

  at the hour of … o’clock in the ........ noon on the ....... day of ....... at the local registrar’s office in the Court House at 361 University Avenue, Toronto, Ontario or file in the office before the ......... day of ........... a notice of dispute in writing, setting out briefly the grounds upon which you dispute the claim. If you do not attend or do not file a notice of dispute, the local registrar of the Superior Court of Justice may sign an order directing that a writ of possession issue. 1993, c. 15, s. 9 (12); 2006, c. 19, Sched. C, s. 1 (1). Dispute (13) The protected occupant may dispute the Trust’s claim by attending on the return of the application or by filing with the local registrar before the day for the return of the application a statement in writing setting out briefly the grounds upon which the protected occupant disputes the Trust’s claim.  1993, c. 15, s. 9 (13). Default judgment (14) Where the Trust’s claim is not disputed, the local registrar may sign an order directing that a writ of possession issue.  1993, c. 15, s. 9 (14). Setting aside default judgment (15) Where the local registrar signs an order under subsection (14), the protected occupant may, within seven days after the service of the order, by motion, without notice, apply to the judge to have the order set aside and the judge may so order upon being satisfied that reasonable grounds for dispute exist.  1993, c. 15, s. 9 (15). Extension of time for motion to set aside (16) The judge may extend the time for bringing a motion under subsection (15) upon being satisfied that a proper case has been made for so doing.  1993, c. 15, s. 9 (16). Hearing (17) Where the Trust’s claim is disputed, the case may be set down for a hearing forthwith or at such time and place as the judge may appoint.  1993, c. 15, s. 9 (17). Order (18) After a hearing, the judge shall determine the Trust’s claim and may make an order directing that a writ of possession issue and, subject to subsection (19), may impose such terms and conditions as the judge considers appropriate.  1993, c. 15, s. 9 (18). Delay in enforcement (19) The judge may order that the enforcement of the writ of possession be postponed for a period not exceeding one week.  1993, c. 15, s. 9 (19). No lease (20) Despite this section, no lease and no tenancy agreement within the meaning of the Residential Tenancies Act, 2006 shall exist between the protected occupant and the Province of Ontario, the Trust or the owner.  1997, c. 24, s. 222 (1); 2006, c. 17, s. 260 (1). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 222 (1) - 17/06/1998 2006, c. 17, s. 260 (1)
- 31/01/2007; 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006