Order in Council 1866/2022

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”, “D” and “E” attached hereto (the “MOI Lands”);

Whereas for the Property identified as D00448 – Muskoka - Port Sandfield Docks (ID 4-60) in Schedule “D” attached hereto (the “Port Sandfield Lands”), a Plan of Reserve for Public Works at Port Sandfield was filed on June 25, 1881, by the then Department of Public Works (“DPW”) and a 1881 Proclamation that has been referenced as being issued at the same time reserving the lands to the DPW cannot be located;

Whereas the lands identified in the reserve plan were developed in part for a canal connecting Lakes Rosseau and Joseph and related structures;

Whereas the Public Works Act in effect in 1881 indicated that works related to improving navigation funded by the Province and improved lands are under the control of the DPW;

Whereas this Order-in-Council shall transfer whatever interest or authority His Majesty the King in right of Ontario as represented by the Minister of Natural Resources and Forestry (the “Minister of MNRF”) may have in the Port Sandfield Lands to the Minister in order to allow for the disposition of the Port Sandfield Lands;

Whereas the MOI Lands and the Port Sandfield 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 Natural Resources and Forestry may have of the Port Sandfield 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", "D" and "E"