Order in Council 1233/2016

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas Her Majesty the Queen in Right of Ontario as represented by the Minister of Infrastructure (the “Minister”) or a legal predecessor thereof is the registered owner of certain lands and premises described in Schedule “A” attached hereto (the “Lands”);

Whereas Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated the Minister’s authorities to dispose of real property or an interest in real property in the name of the Minister subject to certain conditions by Delegation of Authority to OILC under the Ministry of Infrastructure Act, 2011 (the “MOIA”) dated June 6, 2011, as amended;

Whereas pursuant to subsection 9(4) of the MOIA the Minister or OILC as a delegate of the Minister requires approval of the Lieutenant Governor-in-Council to dispose of the Lands;

Whereas the Minister, through OILC, has proposed to sell or otherwise dispose of the Lands;

Now Therefore, pursuant to section 9 of the MOIA the Minister and OILC are hereby authorized:

1. to sell or otherwise dispose of the Lands, together with any rights or interests appurtenant to the Lands to The Rekai Centres provided that the Minister and OILC prior to any sale shall carry out the necessary due diligence including meeting any obligation to consult with Aboriginal peoples, where required, and provide accommodation, where necessary;
2. in the event that the Lands are not sold or otherwise disposed of to The Rekai Centres to sell or otherwise dispose of the Lands, together with any rights or interests appurtenant to the Lands, on the open market provided that OILC shall first, circulate the Lands in accordance with the MBC Realty Directive, and provided further that the Minister and OILC prior to any sale shall carry out the necessary due diligence including meeting any obligation to consult with Aboriginal peoples, where required, and provide accommodation, where necessary; and
3. to execute such documents as may be necessary for that purpose.

And Further this authority to transfer the Lands, pursuant to section 9 of the MOIA, shall be valid for sixty months from the date this Order-in-Council is Approved and Ordered.

Schedule A