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 His Majesty the King in Right of Ontario as represented by the Minister of Infrastructure (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 Schedules “A”, “B”, “C”, and “D” attached hereto (the “MOI Lands”);

Whereas His Majesty the King in Right of Ontario as represented by the Minister of Natural Resources and Forestry (the “Minister of MNRF”) or a legal predecessor thereof is the registered owner of certain property identified as Kenora – Robertson Street Airbase Excess Lands, D1079586 (ID 5-59) and described as the “MNRF Lands” in Schedule “D” attached hereto;

Whereas prior to 1961 the Public Lands Act did not authorize the Minister of MNRF to acquire lands;

Whereas prior to 1961 the Public Works Act did authorize the acquisition of lands by the then Minister of Public Works;

Whereas the MNRF Lands were acquired prior to 1961;

Whereas this Order-in-Council shall transfer whatever interest or authority the Minister of MNRF may have in the MNRF Lands to the Minister in order to allow for the disposition of the MNRF Lands;

Whereas the MOI Lands and the MNRF Lands are collectively referred to as the “Lands”;

Whereas Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated the Minister’s authority 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;

Now therefore,

  1. Pursuant to the Royal Prerogative, any administration and control that the Minister of MNRF may have of the MNRF Lands is hereby transferred to the Minister;
  2. Pursuant to section 9 of the MOIA the Minister and OILC are hereby authorized 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 determine if the Lands are surplus to the requirements of the Government and ownership is no longer required and 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 by the Realty Directive are obtained in advance of disposition.

And further this authority to transfer the Lands, and where applicable release the interests in 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.

Schedules “A”, “B”, “C”, and “D”

Ministry of Infrastructure

Approved and Ordered: October 19, 2023