Order in Council 588/2023

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 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, or where indicated, holds other interests in certain lands and premises described in Schedule “A” attached hereto (the “Lands”);

Whereas Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated the Minister’s authority to dispose of real property or an interest in real property in the name of the Minister subject to certain conditions by Delegation of Authority to OILC under the Ministry of Infrastructure Act, 2011 (the “MOIA”) dated June 6, 2011, as amended;

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 the Lands or, where applicable, release interests in the Lands;

Whereas the Lands and the interests in Lands are surplus to the requirements of the Government and ownership of or, where applicable, the interests in the Lands are no longer required;

Whereas the transfer of the Lands for road and municipal purposes is consistent with the development plans for the road and other infrastructure in the Seaton development and is required to satisfy the Province’s obligations under various agreements with the Regional Municipality of Durham and the City of Pickering, where the Lands are located;

Whereas the Minister, through OILC, has proposed to sell or otherwise dispose of the Lands or, where applicable, release interests in the Lands;

Whereas those Lands that are to be transferred for nominal value are required for public road and other public infrastructure purposes;

Now therefore, 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, or, where applicable, release interests in the Lands, provided that:

1. the Minister and OILC prior to any sale or release shall carry out the necessary due diligence including meeting any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary; and
2. to execute such documents as may be necessary for that purpose.

And further this authority to transfer the Lands and, where applicable, release 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.

Schedule A