Order in Council 503/2021

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 Transportation wishes to widen Highway 3 from two lanes to four lanes for approximately 15.6 km, from 1.2 km east of Essex Road 23 to 1.1 km east of Essex Road 34, in the County of Essex (the “Project”);

And whereas the Project is located on lands under the jurisdiction of the Minister of Transportation and relates to matters under the jurisdiction of the Minister of Transportation, including the planning, design, and construction of a highway, pursuant to the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50 ("PTHIA"), and the Minister of Transportation holds exclusive legislative authority over highway lands and the administration of highways under the PTHIA;

And whereas the PTHIA provides that the Minister of Transportation may enter into agreements for the construction, extension and maintenance of highways;

And whereas the Ministry of Transportation Act, R.S.O. 1990, c. M.36 provides that the Minister of Transportation’s powers to enter such agreements may be delegated only to the Deputy Minister of Transportation or employees of the Ministry of Transportation;

And whereas pursuant to Order in Council 1152/2018 the Minister of Government and Consumer Services is responsible for functions, responsibilities and programs, in respect of Government property under the Ministry of Infrastructure Act, 2011, S.O. 2011, c. 9, Sched. 27 (“MOIA”) and under the Ontario Infrastructure and Lands Corporation Act, 2011, S.O. 2011, c. 9, Sched. 32 (“OILCA”) other than subparagraph 2 ii of subsection 4(1) which is the responsibility of the Minister of Infrastructure;

And whereas pursuant to Order in Council 1155/2018 the Minister of Infrastructure is responsible for functions, responsibilities and programs, in respect of infrastructure under the MOIA;

And whereas, under the MOIA, the Minister of Government and Consumer Services may delegate his statutory power to enter into agreements in respect of the construction of Government property to a Crown agency for which he is responsible, such as OILC;

And whereas pursuant to subparagraph 2 ii of subsection 4(1) of the OILCA, OILC may provide advice and services related to Government property, including project management, contract management and development to the Government, when directed to do so in writing by the Minister of Infrastructure;

And whereas, under the MOIA, the Ministers of Infrastructure and Government and Consumer Services may issue directions to the agencies for which the Minister is responsible, such as OILC, and under the OILCA, the Ministers of Infrastructure and Government and Consumer Services may issue policies and directives to OILC and OILC is obligated to implement such policies and directives;

And whereas it is recommended by the Ministers of Transportation, Infrastructure and Government and Consumer Services that the agreement to design, build, and finance the Project and ancillary documents and agreements related to the Project (collectively the "Project Documents") be entered into by Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation as represented by OILC;

And whereas it is recommended by the Ministers of Transportation, Infrastructure and Government and Consumer Services that the Minister of Transportation have the authority to issue directions, policies and directives to OILC in respect of the Project and that OILC be obligated to implement such directions, policies and directives;

And whereas it is recommended that to enable the Project Documents to be executed by Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation as represented by OILC, and to provide the Minister of Transportation the authority to issue binding policies and directives to OILC in respect of the Project, the Minister of Transportation have the authority to share in the powers, duties, functions and responsibilities under the MOIA and the OILCA;

And whereas clause 8(1)(g) of the Executive Council Act, R.S.O. 1990, c. E.25 ("ECA") provides that the authority of the Lieutenant Governor under that Act includes authority, by Order in Council, to direct that two or more ministers share a power, duty, function or responsibility under an Act;

Now therefore, pursuant to clause 8(1)(g) of the ECA, despite any provision of a statute or Order in Council, the Minister of Transportation shall exercise the powers and perform the duties, functions and responsibilities of the Minister of Government and Consumer Services and the Minister of Infrastructure under the MOIA and the OILCA for the purposes of (a) permitting OILC to enter into the Project Documents as Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation as represented by OILC, and (b) having authority to issue directions and binding policies and directives to OILC in respect of the Project.