Order in Council 1309/2018

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 Government and Consumer Services (the “Minister”) or a legal predecessor thereof is the registered owner of certain Government property, as defined in the Ministry of Infrastructure Act, 2011 (the “MOIA”) including interests in property owned by third parties, all of which interests are 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 Government property subject to certain conditions;

Whereas pursuant to subsection 9(5) of the MOIA the Minister or OILC, as a delegate of the Minister, requires approval of the Lieutenant Governor-in-Council to dispose of Government property;

Whereas the Minister, through OILC, proposes to dispose of the Lands on the open market for fair value or as is otherwise allowed without further approvals pursuant to the Management Board of Cabinet Realty Directive;

Whereas the proposed disposition of other Government property has been authorized by prior Orders-in-Councils made subject to conditions;

Now therefore,

1. 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, provided that:
      1. the Minister and OILC prior to any sale shall carry out the necessary due diligence and obtain necessary approvals to proceed including meeting requirements under the Management Board of Cabinet Realty Directive and any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary; and
      2. where property is not being offered for sale on the open market at fair value or as is otherwise allowed by the Management Board of Cabinet Realty Directive that all necessary approvals required under the Realty Directive are obtained in advance of disposition.
   2. to execute such documents as may be necessary for that purpose.

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

2. Orders in Council O. C. 528/2016 dated April 13, 2016; O. C. 1836/2016 dated November 30, 2016; O. C. 523/2017 dated March 8, 2017; O. C. 778/2017 dated April 12, 2017; O. C. 1398/2017 dated June 28, 2017; O. C. 1859/2017 dated September 13, 2017; O. C.2256/2017 dated November 22, 2017; O. C. 143/2018 dated February 7, 2018; O. C. 630/2018 dated March 27, 2018; O. C. 794/2018 dated April 18, 2018; and O. C. 948/2018 dated May 2, 2018 are modified such that each is valid for forty-eight months from the date this Order-in-Council is Approved and Ordered.
3. Order in Council O. C. 948/2018 dated May 2, 2018 is amended to add the following subparagraph (a1):

   In the event that the Guelph Lands are not sold or otherwise disposed of to Guelph, to sell or otherwise dispose of the Guelph Lands together with any rights or interests appurtenant to the Guelph Lands, provided that the Minister and OILC prior to any sale shall carry out the necessary due diligence including meeting requirements under the Management Board of Cabinet Realty Directive and any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary.

Schedule "A"