Order in Council 1715/2017
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 or holds an interest in certain lands and premises described in Schedule “A” attached hereto (the “Lands”);
whereas the Lands, or where applicable the interests in the Lands are no longer required, by the Ontario Government;
whereas Her Majesty the Queen in Right of Canada as represented by the Minister of the Environment for the purposes of the Parks Canada Agency (the “Federal Government”), the Minister and Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation entered into a Memorandum of Agreement Respecting the Establishment of the Proposed Rouge National Urban Park (the “Park”) dated January 26, 2013 (the “Agreement”);
whereas in accordance with the Agreement, the Federal Government has requested and the Ontario Government has agreed to transfer the administration and control of the Lands and where applicable the interests in the Lands to the Federal Government for the purposes of the Park;
whereas the Federal Government has advised that it will accept the administration and control of the Lands and where applicable the interests in the Lands;
whereas the parties to the Agreement agreed to execute such documents as may be necessary for the transfer and acceptance of the administration and control of the Lands and the interests in Lands;
now therefore, pursuant to the inherent jurisdiction of the Lieutenant Governor in Council, the administration and control of the Lands and where applicable the interests in the Lands, together with any rights or interests appurtenant to the Lands including any leases affecting the Lands and the interests in the Lands, are hereby transferred by this Order-in-Council from the Minister to the Federal Government provided that if within five years of the date of Transfer of the Land, or where applicable from the date of Transfer from the Toronto Region Conservation Authority or the City of Markham to the Federal Government of the Lands in which the Minister has an interest, the Lands or where applicable the Lands in which the Minister has an interest are not designated by the Rouge National Urban Park Act, S.C. 2015, c. 10 as part of the Park, or if they are so designated, but, such designation at any time thereafter ceases to be effective, the administration and control of these Lands or where applicable the interests in the Lands will be transferred from the Federal Government to the Minister.
This Order-in-Council and the transfer of the administration and control of the Lands and where applicable the interests in the Lands will be effective when the Federal Government, pursuant to subsection 5(2) of the Federal Real Property Regulations, accepts the administration and control of the Lands and the transfer of the interests in the Lands.
Approved and Ordered: August 30, 2017