jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “child” includes an adopted child; (“enfant”) “City” means The Corporation of the City of Toronto; (“cité”) “Commissioner” means the Toronto Islands Commissioner; (“commissaire”) “house” means a building occupied or capable of being occupied as a permanent residence, and includes any accessory structures, but does not include the land on which the house is situate; (“maison”) “Islands” means Algonquin Island and Ward’s Island in the City of Toronto; (“îles”) “Metropolitan Corporation” means The Municipality of Metropolitan Toronto; (“municipalité de la communauté urbaine”) “Minister” means the Minister of Municipal Affairs; (“ministre”) “owner” means the owner of a house or of a vacant land lease under this Act; (“propriétaire”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “protected occupant” means an individual who is determined to be a protected occupant by the Commissioner under subsection 9 (3); (“occupant protégé”) “spouse” means a spouse as defined in section 29 of the Family Law Act; (“conjoint”) “Trust” means the Toronto Islands Residential Community Trust Corporation. (“Fiducie”)  1993, c. 15, s. 1; 1996, c. 15, s. 1; 1999, c. 6, s. 64 (1); 2005, c. 5, s. 69 (1); 2016, c. 23, s. 72. Section Amendments with date in force (d/m/y) 1996, c. 15, s. 1 - 22/07/1996; 1999, c. 6, s. 64 (1) - 01/03/2000 2005, c. 5, s. 69 (1)
- 13/06/2005 2016, c. 23, s. 72
- 01/01/2017
2 (1) All the title and interest of the Metropolitan Corporation, the City or any other person, existing on the day this Act comes into force, in the land located on Algonquin Island and Ward’s Island in the City of Toronto that is described in the Schedule is hereby vested in the Province of Ontario.  1993, c. 15, s. 2 (1). Buildings vest in Province (2) All the title and interest of the Metropolitan Corporation, the City or any other person, existing on the day this Act comes into force, in the houses and other buildings and structures on the land described in the Schedule is hereby vested in the Province of Ontario.  1993, c. 15, s. 2 (2). No compensation (3) No compensation or damages shall be payable to the Metropolitan Corporation, the City or any other person in respect of the vesting under subsections (1) and (2).  1993, c. 15, s. 2 (3).
3 (1) The lease that is deemed, by subsection 238 (1) of the Municipality of Metropolitan Toronto Act, as that subsection read immediately before this Act comes into force, to exist between the Metropolitan Corporation and the City in respect of the land, houses and other buildings and structures referred to in section 2 is terminated on the day this Act comes into force.  1993, c. 15, s. 3 (1). Same (2) Any other leases, assignments or contracts entered into between the Metropolitan Corporation and the City in respect of the land, houses or other buildings and structures referred to in section 2 are terminated on the day this Act comes into force.  1993, c. 15, s. 3 (2). Other leases void (3) All leases, including tenancy agreements within the meaning of Part IV of the Landlord and Tenant Act, assignments, licences of occupation and land use permits existing or purporting to exist on the day this Act comes into force with respect to the land, houses or other buildings and structures referred to in section 2 are void.  1993, c. 15, s. 3 (3). Exception (4) Subsection (3) does not apply to the agreement dated the 26th day of December, 1911 between the City and The Toronto Harbour Commissioners.  1993, c. 15, s. 3 (4). (5) Repealed:  1996, c. 15, s. 2. Arrears of rent (6) All debts owed by any person to the City for arrears of rent or arrears of occupation charges in respect of the land and houses referred to in section 2 are cancelled.  1993, c. 15, s. 3 (6). No compensation (7) No compensation or damages shall be payable to the Metropolitan Corporation, the City or any other person with respect to the termination of the leases under subsections (1), (2) and (3), except as is provided under subsections 17 (11), 19 (15), 23 (8) and 28 (3).  1993, c. 15, s. 3 (7). Writs of possession (8) Any writs of possession issued in respect of the land, houses or other buildings and structures referred to in section 2 cease to have effect on the day this Act comes into force.  1993, c. 15, s. 3 (8). No payment in 1991 (9) No rent under the lease and assignment referred to in subsection 238 (1) of the Municipality of Metropolitan Toronto Act, as that subsection read immediately before this Act comes into force, is payable in December, 1991 or thereafter by the City to the Metropolitan Corporation.  1993, c. 15, s. 3 (9). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 2 - 22/07/1996
4.1 (1) All the title and interest acquired by the Province of Ontario under subsections 2 (1) and (2) in such rights of way, property, plant and equipment as may be prescribed is leased to Toronto Hydro for a term ending on December 15, 2092.  1996, c. 15, s. 4. Liability (2) Toronto Hydro is not liable for any injury or damage resulting from the installation, operation or maintenance of the property, plant or equipment referred to in subsection (1) other than injury or damage resulting from its negligence.  1996, c. 15, s. 4. Toronto Hydro-Electric Commission (3) On January 1, 1998, the lease to Toronto Hydro under subsection (1) becomes a lease to the Toronto Hydro-Electric Commission established by subsection 9 (1) of the City of Toronto Act, 1997; subsection (2) applies in respect of the commission.  1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1996, c. 15, s. 4 - 22/07/1996; 1997, c. 26, Sched. - 01/01/1998
4.2 The following are leased to the Trust for a term ending on December 15, 2092: 1. All the title and interest in land acquired by the Province under subsection 2 (1) other than what is leased to the City under section 4 and to Toronto Hydro under section 4.1. 2. All title and interest acquired by the Province under subsection 2 (2) in such buildings and structures as may be prescribed.  1996, c. 15, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 15, s. 4 - 22/07/1996
5 (1) The Metropolitan Corporation, the City and the Toronto Transit Commission shall maintain those municipal services for which they are responsible, including emergency services and bus and ferry services, to the level provided in the year 1992 in relation to the land described in the Schedule.  1993, c. 15, s. 5 (1). Change (2) If an increase or decrease occurs in the level of service provided by the Metropolitan Corporation, the City or the Toronto Transit Commission, a similar change, appropriate in the circumstances, shall be made in the level of service offered in relation to the land described in the Schedule.  1993, c. 15, s. 5 (2). (3) Repealed:  1996, c. 15, s. 5 (1). Sewer, water charge (4) The city may levy a charge in respect of the debt for the sewer and water infrastructure existing on December 15, 1993 and may require the charge to be paid by a lump sum payment or by periodic payments.  The charge is payable by the following individuals and is to be divided equally among all of them: 1. The owners of vacant land leases. 2. The owners of houses and land leases or protected occupants who are occupying a house.  1996, c. 15, s. 5 (2). Same (5) The Lieutenant Governor in Council may, by regulation, prescribe the amount of the debt referred to in subsection (4), the circumstances in which a lump sum payment or periodic payments are to be required and the amortization period used to calculate the periodic payment.  1996, c. 15, s. 5 (2). Same, lien (5.1) The charge levied under subsection (4) is a lien on the land and may be collected in the same manner and with the same remedies as are provided under the City of Toronto Act, 2006 for the collection of real property taxes.  1996, c. 15, s. 5 (2); 2006, c. 32, Sched. C, s. 67 (1). Limitation (6) Despite any other Act, the City shall not, except as provided by subsection (4), levy a charge or attempt to collect any money in respect of the debt for the sewer and water infrastructure existing on the day this Act comes into force.  1993, c. 15, s. 5 (6). (7) Repealed:  1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1996, c. 15, s. 5 (1, 2) - 22/07/1996; 1997, c. 26, Sched. - 01/01/1998 2006, c. 32, Sched. C, s. 67 (1) - 01/01/2007
6 (1) The Lieutenant Governor in Council shall appoint a Toronto Islands Commissioner to exercise the powers and perform the duties set out in this Act.  1993, c. 15, s. 6 (1). Remuneration (2) The Commissioner shall be paid remuneration and expenses as determined by the Lieutenant Governor in Council.  1993, c. 15, s. 6 (2).
7 (1) Any individual may apply to the Minister, within sixty days after the day this Act comes into force, for a determination of his or her entitlement to ownership of a house.  1993, c. 15, s. 7 (1). House vested in tenant (2) Subject to subsections (3) and (4), the Province of Ontario shall, within 120 days after the day this Act comes into force, vest all its title and interest in a house that is the subject of an application in, (a) the applicant, if he or she is shown as the tenant of the house on the assessment roll under the Assessment Act, as returned for the 1992 taxation year. (b)  Repealed:  1996, c. 15, s. 6. 1993, c. 15, s. 7 (2); 1996, c. 15, s. 6. Disputes (3) If any individual other than an individual described in clause (2) (a) applies for a determination of entitlement under subsection (1) or if there is a dispute over entitlement, the Minister shall refer the matter to the Commissioner.  1993, c. 15, s. 7 (3). Arrears of taxes, etc. (4) The Province of Ontario shall not vest all its title and interest in a house in the individual who is otherwise entitled to ownership of the house unless the Minister is satisfied that any taxes or utility rates owing to the City on the day this Act comes into force with respect to the house and the land on which it is situate have been paid.  1993, c. 15, s. 7 (4). Same (5) Subsection (4) does not apply if the Trust is vested with the title and interest in the house or if a protected occupant is occupying the house.  1993, c. 15, s. 7 (5). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 6 - 22/07/1996
8 (1) In each case referred by the Minister, the Commissioner shall recommend to the Minister who is entitled to the ownership of the house or that no individual is entitled to ownership of the house.  1993, c. 15, s. 8 (1). Decision (2) The Minister shall, within thirty days after the receipt of the Commissioner’s recommendation but no later than 120 days after the day this Act comes into force, make the decision on the matter of entitlement that was referred to the Commissioner and give written notice of the decision to the applicants.  1993, c. 15, s. 8 (2). Decision final (3) The decision of the Minister is final.  1993, c. 15, s. 8 (3). Vesting (4) The Province of Ontario shall, within thirty days after the notice is given under subsection (2), but no later than 120 days after the day this Act comes into force, vest all the title and interest in the house in the individual determined by the Minister to be entitled to it.  1993, c. 15, s. 8 (4). Restriction on owner’s occupancy (5) If the Minister vests the title and interest in a house in an individual who is not occupying the house on the day this Act comes into force, that individual has no right to occupy the house, (a) until the Commissioner determines that the house is not occupied by a protected occupant; or (b) if the Commissioner determines that the house is occupied by a protected occupant, until the protected occupant’s right to occupy the house expires or until the protected occupant ceases to occupy the house, whichever occurs first.  1993, c. 15, s. 8 (5). Joint tenants (6) If more than one individual is determined to be entitled to ownership of a house, the Province of Ontario shall vest the title and interest in the house in those individuals as joint tenants.  1993, c. 15, s. 8 (6). If no person entitled (7) If no individual is entitled to ownership of a house, the Province shall vest the title and interest in the house in the Trust.  1993, c. 15, s. 8 (7).
10 (1) A house and land lease or a vacant land lease shall be deemed to be real property for all purposes.  1996, c. 15, s. 7. Taxes (2) Subject to subsection (3), the owner of a house and land lease or vacant land lease is liable for all taxes under the Assessment Act with respect to the house and the land and the notice of assessment and property tax bill shall be sent to the owner.  1993, c. 15, s. 10 (2). Same (3) If a house is occupied by a protected occupant, the protected occupant is liable for all taxes during the period of his or her occupancy with respect to the house and the land and the notice of assessment and property tax bill shall be sent to the Trust which shall bill the protected occupant and remit the amounts collected to the City.  1993, c. 15, s. 10 (3). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 7 - 22/07/1996
11 (1) A corporation without share capital known in English as the Toronto Islands Residential Community Trust Corporation and in French as Société de fiducie portant sur la zone résidentielle des îles de Toronto is hereby established.  1993, c. 15, s. 11 (1). Objects (2) The objects of the Trust are to manage the land described in the Schedule, including the houses and other buildings and structures on the land, for the benefit of the residential community on the Islands and the public and such other objects as may be prescribed by the Lieutenant Governor in Council.  1993, c. 15, s. 11 (2). Money (3) Any money derived from carrying on the affairs of the Trust shall be applied solely in carrying out its objects.  1993, c. 15, s. 11 (3). Corporate statutes do not apply (4) The Not-for-Profit Corporations Act, 2010, the Business Corporations Act, the Business Names Act and the Corporations Information Act do not apply to the Trust.  1993, c. 15, s. 11 (4); 2017, c. 20, Sched. 8, s. 135. Not Crown agency (5) The Trust shall be deemed not to be an agency of the Crown.  1993, c. 15, s. 11 (5). Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 135 - 19/10/2021
12 (1) The affairs of the Trust shall be managed by a board of directors consisting of not more than 15 members.  1996, c. 15, s. 8 (1). Goals (2) The members of the board shall represent and promote the goals of the Trust as established under this Act.  1993, c. 15, s. 12 (2). (3) Repealed:  1996, c. 15, s. 8 (2). Appointment of board (4) The members of the board shall be appointed by the Lieutenant Governor in Council.  1993, c. 15, s. 12 (4). Terms of office (5) The terms of office of the members of the board shall be as determined by the Lieutenant Governor in Council.  1993, c. 15, s. 12 (5). Quorum (6) At any meeting of the board a majority of its members constitutes a quorum.  1993, c. 15, s. 12 (6). Chair (7) The board shall appoint a chair and a vice-chair from among its members.  1993, c. 15, s. 12 (7). Same (8) The chair shall preside at all meetings of the board and if he or she is unable to act as chair, the vice-chair shall act in the chair’s place.  1993, c. 15, s. 12 (8). By-laws (9) The board may pass by-laws regulating its proceedings, including setting conflict of interest guidelines, and regarding such matters as are necessary to manage the affairs and carry out the objects of the Trust.  1993, c. 15, s. 12 (9). Head office, etc. (10) The location of the Trust’s head office, the use of a corporate seal and the Trust’s fiscal year shall be as provided in the Trust’s by-laws.  1993, c. 15, s. 12 (10). Audit (11) The board shall appoint one or more auditors licensed under the Public Accounting Act, 2004
to audit the books, records, accounts and transactions of the Trust and to prepare an annual financial statement.  1993, c. 15, s. 12 (11); 2004, c. 8, s. 46. Auditor General (12) The report of the auditor and the books, records, accounts and transactions of the Trust shall be made available to the Minister and the Auditor General.  1993, c. 15, s. 12 (12); 2004, c. 17, s. 32. Annual report (13) The board shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the board’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 53. Same (14) The board shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 53. Same (15) The board shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 53. Section Amendments with date in force (d/m/y) 1996, c. 15, s. 8 (1, 2) - 22/07/1996 2004, c. 8, s. 46, Table
- 01/11/2005; 2004, c. 17, s. 32
- 30/11/2004 2017, c. 34, Sched. 46, s. 53 - 01/01/2018
13 (1) Except as limited by this Act, the Trust has all the capacity and powers of a natural person in carrying out its objects.  1993, c. 15, s. 13 (1). Specific powers (2) Without limiting the generality of subsection (1), the Trust may, (a) impose fees and charges; and (b)  Repealed:  1996, c. 15, s. 9 (1). (c) permit vacant land on the Islands to be used as a park, recreation area or other purpose for the benefit of the residential community on the Islands and the public.  1993, c. 15, s. 13 (2); 1996, c. 15, s. 9 (1). Duties of the Trust (3) In addition to the duties assigned to the Trust elsewhere in this Act, the Trust shall, (a) operate for the benefit and enjoyment of the public the buildings and structures, other than houses and the firehall, that exist on the day this Act comes into force on the land described in the Schedule, but nothing in this clause prevents the Trust from demolishing or relocating those buildings and structures at any time; (b) ensure that the public has reasonable access to the buildings and structures required to be operated by clause (a); (c) raise sufficient revenue to carry out the objects of the Trust; and (d) arrange for every house on the Islands to be appraised by an appraiser selected by the Trust and ensure that the appraisal is conducted in the prescribed manner, (i) within one year of the date that the Province of Ontario vests the title and interest in the house in the owner or, if the house is occupied by a protected occupant, within sixty days of the Commissioner’s determination under section 9, and (ii) when the title and interest in a house and land lease are to be transferred or sold, except when the transfer is under subsection 21 (2) or (3) or 27 (6).  1993, c. 15, s. 13 (3); 1996, c. 15, s. 9 (2). Same (4) The Trust shall make available to the City information sufficient to enable the City to determine its share of the proceeds from sales under sections 17, 19, 22 and 23.  1993, c. 15, s. 13 (4). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 9 (1, 2) - 22/07/1996
14 (1) This Act shall be deemed, (a) not to create a trust between the Province of Ontario and the Trust for the benefit of the members of the residential community on the Islands or the public; and (b) not to give rise to fiduciary obligations between any of the parties listed in clause (a).  1993, c. 15, s. 14 (1). Non-application (2) The following Acts do not apply to the Trust, the members of its board of directors, its officers, employees and agents or to the Commissioner: 1.  Repealed:  2009, c. 33, Sched. 2, s. 74. 2.  Charities Accounting Act. 3.  Trust in Real Estate Services Act, 2002. 4.  Trustee Act. 5.  Variation of Trusts Act.  1993, c. 15, s. 14 (2); 2002, c. 30, Sched. E, s. 20; 2009, c. 33, Sched. 2, s. 74; 2020, c. 1, s. 38. Section Amendments with date in force (d/m/y) 2002, c. 30, Sched. E, s. 20 - 31/06/2005 2009, c. 33, Sched. 2, s. 74 - 15/12/2009 2020, c. 1, s. 38
- 01/12/2023
15 No action or other proceeding for damages shall be instituted against the Commissioner, the Trust, the members of the board of directors or its officers, employees or agents for an act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of that duty.  1993, c. 15, s. 15. 16 Repealed:  1996, c. 15, s. 10. Section Amendments with date in force (d/m/y) 1996, c. 15, s. 10 - 22/07/1996
19 (1) The Trust may offer to sell, in accordance with this section, a maximum of 12 land leases with respect to land described in the Schedule that was vacant on December 15, 1993.  1996, c. 15, s. 13 (1). Same (2) Each land lease must be with respect to land sufficient to accommodate only one house.  1996, c. 15, s. 13 (1). (3)-(5) Repealed:  1996, c. 15, s. 13 (1). Offer to individuals (6) The Trust may offer a maximum of 12 land leases to individuals whose names are on the list described in section 25.  1996, c. 15, s. 13 (2). Same (6.1) An offer under subsection (6) may include the condition that the purchaser agrees to construct a house on the land upon the terms set out by the Trust.  1996, c. 15, s. 13 (2). Construction by Trust (7) The Trust may, before making an offer under subsection (6), construct a house on the vacant land.  1993, c. 15, s. 19 (7). Individual’s options (8) Within thirty days after the receipt of an offer from the Trust, the individual shall, (a) accept the offer at the price and on the terms offered by the Trust; or (b) reject the offer.  1993, c. 15, s. 19 (8); 1996, c. 15, s. 13 (3). Option deemed taken (9) An individual who fails to respond to an offer from the Trust as provided in subsection (8) is deemed to have responded under clause (8) (b).  1993, c. 15, s. 19 (9). Purchase price (10) The purchase price for a land lease that is sold under this section before the first anniversary of the day this Act comes into force shall be, (a) for land on Ward’s Island, $36,000; and (b) for land on Algonquin Island, $36,000 or $46,000, as determined in accordance with the regulations.  1993, c. 15, s. 19 (10). Adjusted purchase price (11) The purchase price for a land lease that is sold under this section on or after the first anniversary of the day this Act comes into force shall be determined in accordance with the regulations.  1993, c. 15, s. 19 (11). House price (12) If the Trust constructs a house, the purchase price for the house shall be determined in accordance with the regulations.  1993, c. 15, s. 19 (12). Acceptance of offer (13) An individual who accepts the Trust’s offer shall pay the purchase price to the Trust within 30 days after accepting the offer. Immediately upon receiving the money, the Trust shall vest all the title and interest in the land lease and house, if there is one, in the purchaser.  1996, c. 15, s. 13 (4). Joint tenants (14) If requested by the purchaser, the Trust shall vest the ownership under subsection (13) in more than one individual as joint tenants.  1996, c. 15, s. 13 (4). Proceeds (15) The Trust is entitled to all the proceeds of the sale of a land lease, a house or both under this section.  1996, c. 15, s. 13 (4). (16) Repealed:  1996, c. 15, s. 13 (4). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 13 (1-4) - 22/07/1996
20 Every land lease of land on which a house is situate and every vacant land lease shall contain the following conditions: 1. The lease commences on the day that ownership in the house, if there is one when the land lease is sold, is vested in the owner. 2. If there is no house on the land, the lease commences on the day that ownership in the land lease is vested in the owner. 3. The owner is liable for all taxes, rates and other charges with respect to the house and land. 4. The owner shall keep the house and land in a state of repair that complies with all applicable provincial and municipal laws, regulations and by-laws. 5. The owner shall use the house as his or her principal residence and shall designate the house as his or her principal residence for federal income tax purposes. 6. The owner shall not transfer or otherwise part with his or her interest in the house or land lease, except to his or her spouse, child, joint tenant or to the Trust, in accordance with the Toronto Islands Residential Community Stewardship Act, 1993, and any transaction that purports to do so is void. However, the owner may mortgage or give a security interest in the house, if there is one, and the land lease and may do so without the consent of the Trust. 7. The owner shall not devise his or her interest in the house or land lease, except to his or her spouse or child in accordance with the Toronto Islands Residential Community Stewardship Act, 1993. 8. The owner shall not lease or otherwise part with possession of all or any part of the house and land except as otherwise provided in the Toronto Islands Residential Community Stewardship Act, 1993, and any transaction that purports to do so is void.  1993, c. 15, s. 20; 1996, c. 15, s. 14; 1999, c. 6, s. 64 (2); 2005, c. 5, s. 69 (2). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 14 (1-3) - 22/07/1996; 1999, c. 6, s. 64 (2) - 01/03/2000 2005, c. 5, s. 69 (2)
- 13/06/2005
21 (1) Except as provided in this section, an owner shall not transfer, devise or otherwise part with his or her interest in a house and land lease or vacant land lease except to the Trust, and any transaction that purports to do so is void.  1993, c. 15, s. 21 (1). Devise to spouse (2) An owner may devise to his or her spouse his or her interest in a house and land lease or vacant land lease.  1993, c. 15, s. 21 (2); 1999, c. 6, s. 64 (3); 2005, c. 5, s. 69 (3). Transfer to spouse (3) An owner may transfer to his or her spouse, for any or no consideration, all of his or her interest in a house and land lease or vacant land lease or part of the interest in joint tenancy.  1993, c. 15, s. 21 (3); 1999, c. 6, s. 64 (4); 2005, c. 5, s. 69 (4). Devise to child (4) An owner may devise to his or her child his or her interest in a house and land lease.  1993, c. 15, s. 21 (4). Sale to child (5) An owner may sell to his or her child, at a price determined in accordance with the regulations, all of his or her interest in a house and land lease or part of the interest in joint tenancy.  1993, c. 15, s. 21 (5). Sale to joint tenant (6) An owner who is a joint tenant may sell his or her interest in a house and land lease or vacant land lease to the other owner or owners of the house and land lease or vacant land lease, at a price determined in accordance with the regulations, unless the joint tenants have acquired under section 22 or 23 another house on the Islands as joint tenants.  1993, c. 15, s. 21 (6). Payment required (7) Despite subsection (4), the Trust shall not register the change in ownership under that subsection until the Trust is paid by the transferee an amount determined in accordance with the regulations.  1993, c. 15, s. 21 (7). Exemption from payment (8) If a child to whom a house and land lease are devised under subsection (4) requests that the Trust sell his or her title and interest in them under section 22, the child is exempt from the payment required by subsection (7).  1996, c. 15, s. 15. Mortgage, etc. (8.1) An owner may mortgage or give a security interest in his or her interest in a house and land lease or in a vacant land lease.  1996, c. 15, s. 15. Possession (9) An owner shall not lease or otherwise part with possession of all or any part of the house and land, and any transaction that purports to do so is void.  1993, c. 15, s. 21 (9). Sublease (10) Despite subsection (9), the Trust may permit an owner to sublease the house and land lease for such period and upon such terms and conditions as the Trust may approve.  1993, c. 15, s. 21 (10). Interests not severable (11) During the term of a land lease to an owner, the owner shall not sever his or her interests in a house and land lease.  1993, c. 15, s. 21 (11). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 15 - 22/07/1996; 1999, c. 6, s. 64 (3, 4) - 01/03/2000 2005, c. 5, s. 69 (3, 4)
- 13/06/2005
23 (1) This section applies to, (a) a house and land lease acquired by the Trust under subsection 8 (7) and section 16, respectively; (b) a house that the Trust is requested to sell under clause 17 (6) (c) and a land lease acquired under section 16; and (c) a house and land lease or vacant land lease acquired by the Trust under subsection 27 (1).  1993, c. 15, s. 23 (1). Sale by Trust (2) The Trust shall offer to sell a house and land lease or vacant land lease acquired by it to the individuals on the list described in section 25 for a price to be determined in accordance with the regulations.  1993, c. 15, s. 23 (2). Removal or repair (3) The Trust may, before making an offer under subsection (2) where it has acquired a house and land lease under clause (1) (a), (a) repair the house; (b) remove or demolish the house and construct a house on the land; or (c) remove or demolish the house, restore the land and offer to sell the land lease without a house on the land.  1993, c. 15, s. 23 (3). Options of purchaser (4) Within thirty days after the receipt of an offer from the Trust, an individual shall, (a) accept the offer at the price and on the terms offered by the Trust and, if the land is vacant, agree to construct a house on the land; or (b) reject the offer.  1993, c. 15, s. 23 (4). Option deemed taken (5) An individual who fails to respond to an offer from the Trust as provided in subsection (4) is deemed to have responded under clause (4) (b).  1993, c. 15, s. 23 (5). Acceptance of offer (6) If the individual accepts the offer and pays the purchase price to the Trust, the Trust shall, upon the receipt of the money, vest in the purchaser all its title and interest in the house, if there is one, and in the land lease.  1993, c. 15, s. 23 (6). Joint tenants (7) If more than one individual purchases a house and land lease or vacant land lease, the Trust shall transfer the ownership to the individuals as joint tenants.  1993, c. 15, s. 23 (7). Distribution of proceeds (8) Subject to subsections (9) and (10), the Trust shall distribute the proceeds of the sale as determined in accordance with the regulations.  1993, c. 15, s. 23 (8). House repair costs (9) If the Trust repairs a house or demolishes a house and restores the land under subsection (3), the Trust shall keep the portion of the proceeds attributable to the repair or to the demolition and restoration.  1993, c. 15, s. 23 (9). House construction costs (10) If the Trust constructs a house under subsection (3), the Trust shall keep the purchase price of the house, as determined in accordance with the regulations.  1993, c. 15, s. 23 (10).
24 (1) Subject to subsections (2), (3) and (3.1), a creditor of an owner who acquires the owner’s interest in the house and land lease or vacant land lease, including a municipality exercising its rights under Part XIV of the City of Toronto Act, 2006, stands in the place of the owner under this Act.  1993, c. 15, s. 24 (1); 1996, c. 15, s. 17 (1); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 67 (2). No right to occupy (2) A creditor who acquires an owner’s interest in a house and land lease shall not occupy the house or permit any person to occupy the house.  1993, c. 15, s. 24 (2). No right to build or occupy (3) A creditor who acquires an owner’s interest in a vacant land lease shall not build on or occupy the property or permit any person to build on or occupy the property.  1993, c. 15, s. 24 (3). Mortgagee (3.1) In the event of a default under a mortgage, the mortgagee is entitled to exercise the owner’s right to require a sale of the house and land lease or vacant land lease only after giving the notices required under the Mortgages Act.  1996, c. 15, s. 17 (2). Notice to Trust (4) The creditor shall immediately notify the Trust of the acquisition.  1993, c. 15, s. 24 (4). Section Amendments with date in force (d/m/y) 1996, c. 15, s. 17 (1, 2) - 22/07/1996 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 67 (2) - 01/01/2007
25 The Trust shall keep a list of individuals who apply in writing to purchase a house and land lease or vacant land lease on the land described in the Schedule.  1996, c. 15, s. 18. Section Amendments with date in force (d/m/y) 1996, c. 15, s. 18 - 12/08/1996
26 (1) The Trust shall maintain a register that identifies, for every house and land lease and vacant land lease on the land described in the Schedule, (a) the owner; (b) the protected occupant, if any; (c) all the transactions pertaining to the house and land lease or vacant land lease; and (d) creditors who have notified the Trust that they have acquired the owner’s interest.  1993, c. 15, s. 26 (1). Available to the public (2) The register shall be kept at the head office of the Trust and shall be available for examination by the public.  1993, c. 15, s. 26 (2). Copy to City clerk (3) For the purpose of subsections 10 (2) and (3), the Trust shall deliver a copy of the register to the City clerk every year on or before the day that the assessment roll is required to be returned under the Assessment Act.  1993, c. 15, s. 26 (3).
27 (1) Upon the death of the owner or, if there is more than one owner, of the last surviving owner, all the title and interest in the house and land lease or vacant land lease vests in the Trust, effective the date of death, unless subsection (4), (5) or (6) applies.  1993, c. 15, s. 27 (1). Notice to Trust (2) The legal representatives of the estate of the deceased owner shall immediately notify the Trust of the death.  1993, c. 15, s. 27 (2). Offer to purchase (3) The Trust shall, upon the vesting of the title and interest in the house and land lease or vacant land lease under subsection (1), proceed to sell the house and land lease or vacant land lease in accordance with section 23.  1993, c. 15, s. 27 (3). Devise to spouse (4) If an owner devises the interest in a house and land lease or vacant land lease to his or her spouse, the Trust shall, upon proof of the owner’s death and of the heir’s entitlement, enter the name of the heir as owner in the register.  1993, c. 15, s. 27 (4); 1999, c. 6, s. 64 (5); 2005, c. 5, s. 69 (5). Devise to child (5) If an owner devises the interest in a house and land lease to his or her child, the Trust shall, upon proof of the owner’s death and of the heir’s entitlement and upon payment of the amount required by subsection 21 (7), enter in the register the name of the heir as owner or, if there are two or more heirs, as owners in joint tenancy.  1993, c. 15, s. 27 (5). Survivorship of joint tenant (6) If a joint tenant survives the deceased owner, the Trust shall, upon proof of the death, delete the name of the deceased from the register.  1993, c. 15, s. 27 (6). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 64 (5) - 01/03/2000 2005, c. 5, s. 69 (5) - 13/06/2005
28 (1) In this section, “interim period” means the period of time from the day this Act comes into force until the day that the land lease is purchased by any person.  1993, c. 15, s. 28 (1). Occupation charge (2) An individual occupying a house at any time during the interim period shall pay a prescribed occupation charge for the land to the Trust.  1993, c. 15, s. 28 (2). Remit to City (3) The Trust shall bill the occupant for the occupation charge for the land and shall remit the amounts collected to the City.  1993, c. 15, s. 28 (3). Municipal charges (4) An individual occupying a house at any time during the interim period shall be liable for all municipal charges owed during the interim period in respect of the house, the land on which it is situate and the land used in connection with the normal enjoyment of the house.  1993, c. 15, s. 28 (4). No lease (5) Despite subsection (2), no lease and no tenancy agreement within the meaning of the Residential Tenancies Act, 2006 shall exist between the occupant of the house and the Province of Ontario, the Trust or the owner.  1997, c. 24, s. 222 (2); 2006, c. 17, s. 260 (2). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 222 (2) - 17/06/1998 2006, c. 17, s. 260 (2)
- 31/01/2007
29 (1) Section 50 of the Planning Act does not apply to the land described in the Schedule.  1993, c. 15, s. 29 (1). Same construction (2) Subject to subsection (3), the Planning Act does not apply to the construction of houses on land described in the Schedule that is vacant on the day this Act comes into force or to the use for residential purposes of land described in the Schedule that is vacant on the day this Act comes into force.  1993, c. 15, s. 29 (2). Exception (3) Sections 47, 63, 64, 65 and 67 of the Planning Act do apply, with necessary modifications, to the construction and the use described in subsection (2).  1993, c. 15, s. 29 (3). (3.1) Repealed:  1993, c. 15, s. 29 (3.2). (3.2) Spent:  1996, c. 15, s. 19 (3). Trust to regulate construction (4) Construction described in subsection (2) shall be subject to the approval of the Trust, and for such purposes the Trust may regulate the type of construction and the height, bulk, location, size, floor area, spacing and character of buildings and structures to be constructed.  1993, c. 15, s. 29 (4). Section Amendments with date in force (d/m/y) 1993, c. 15, s. 29 (3.2) - see 1996, c. 15, s. 19 (3) - 22/07/1998; 1996, c. 15, s. 19 (1, 2, 4) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011; 1996, c. 15, s. 19 (3) - 22/07/1996
30 The Minister may, in his or her sole discretion, extend the time limits set out in subsections 7 (2), 8 (2), 8 (4) and 9 (3), clause 13 (3) (d) and subsections 17 (1) and (2), before or after their expiry.  1993, c. 15, s. 30.
31 Any individual who contravenes subsection 21 (1), (9) or (11) or 24 (2) or (3) or who fails to comply with subsection 24 (4) or 27 (2) is guilty of an offence and is liable on conviction to a fine not exceeding $5,000.  1993, c. 15, s. 31.