Order in Council 1763/2023

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 Minister of Citizenship and Multiculturalism (the “Minister”) is responsible for the administration of the Ontario Heritage Act (the "OHA");

And whereas subsection 25.2 (2) (a) of Part III.1 of the OHA, provides that this Part applies to property that is owned by the Crown in right of Ontario or by a prescribed public body;

And whereas pursuant to subsection 25.2 (3) of the OHA the Minister may prepare heritage standards and guidelines which shall, (a) set out the criteria and the process for the identification of properties referred to in subsection (2) that have cultural heritage value or interest; and set standards for the protection, maintenance, use and disposal of property referred to in clause (a);

And whereas pursuant to subsection 25.2 (5) of the OHA the heritage standards and guidelines prepared by the Minister shall be approved by the Lieutenant Governor in Council (the “LGIC”);

And whereas the Standards and Guidelines for Conservation of Provincial Heritage Properties were prepared by the then Minister of Tourism and Culture and approved by the LGIC on April 28, 2010 and came into effect July 1, 2010;

And whereas under subsection 25.2 (7) of the OHA, the LGIC may exempt any property from some or all of the heritage standards and guidelines, if the LGIC is of the opinion that such exemption could potentially advance one or more of the following provincial priorities: transit, housing, health and long-term care, other infrastructure or such other priorities as may be prescribed;

And whereas His Majesty the King in Right of Ontario as represented by the Minister of Infrastructure or a legal predecessor thereof is the registered owner of certain Government property, as defined in the Ministry of Infrastructure Act, 2011 (the “MOIA”) which is described in Schedule “A” attached hereto (the “Lands”);

And whereas the Minister of Infrastructure has identified that the Lands are needed for housing and long term care;

And whereas the Minister of Infrastructure on behalf of His Majesty the King in Right of Ontario will undertake to satisfy any obligations that pertain to consultation with Indigenous peoples that exist in respect of the advancement of the provincial priorities on the Lands to which this exemption would apply, and to provide accommodation in respect of such obligations, where necessary;

And whereas the LGIC is of the opinion that such exemption could potentially advance housing and long term care;

Now therefore pursuant to subsection 25.2(7) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, the Lands are hereby exempt from the Standards & Guidelines for Conservation of Provincial Heritage Properties effective as of the date this Order in Council is approved and ordered.

Schedule A