Order in Council 391/2023

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 pursuant to subsection 3(1) of the Niagara Parks Act, the Niagara Parks Commission (the “Commission”) was continued as a corporation with the objects, powers and duties provided for in the Act;

Whereas subsection 7(a) of the Niagara Parks Act authorizes the Commission, subject to the approval of the Lieutenant Governor in Council, to acquire by purchase, lease or otherwise any land or any interest in land;

And whereas the Commission requested the Minister of Infrastructure transfer control of the properties described in Schedule A (the “Properties”) to the Commission for government program use;

And whereas pursuant to a Minister’s Order dated January 29, 2018, the Minister of Infrastructure, pursuant to subsection 11.1(1) of the Ministry of Infrastructure Act, 2011, ordered that control of these Properties be transferred to the Commission for program use, subject to the Commission obtaining approval from the Lieutenant Governor in Council to acquire control of the Properties;

Now therefore, pursuant to subsection 7(a) of the Niagara Parks Act, the royal prerogative and the inherent jurisdiction of the Lieutenant Governor in Council to administer the property of His Majesty in Right of Ontario, the Commission is authorized to acquire control of the Properties, together with any rights, interests, and encumbrances appurtenant to the Properties, from the Minister of Infrastructure, and the Minister of Infrastructure and the Commission are authorized to execute such documents as may be necessary in respect of the transfer.

Schedule A