Order in Council 1736/2023

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 the Niagara Parks Commission (the "Commission”) entered into a lease and operating agreement (the "Lease") with Niagara Adventure Excursions Inc. (NAE), on October 23, 2015, for the financing, design, building and operation of zip line and aerial adventure course attractions over a portion of the Commission's lands;

And whereas the Lease expires on September 30, 2030;

And whereas NAE wishes to do capital improvements on the zipline and aerial adventure course;

And whereas such capital improvements require financing which further requires that the Lease be extended until September 30, 2035;

And whereas further due diligence and planning will be undertaken, including any required duty to consult analysis, prior to the capital improvements being made;

Now therefore pursuant to subsection 7(1)(3) of the Niagara Parks Act, R.S.O. 1990, c. N.3, approval is hereby given to the Commission:

1. to extend the term of the Lease until September 30, 2035; and
2. to execute such documents as may be necessary for that purpose.