Order in Council 590/2022

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 the Agricultural Rehabilitation and Development Directorate of Ontario (“ARDDO”) was the registered owner of certain lands and premises (“ARDDO Lands”) and on June 27, 2006 ARDDO was dissolved and all assets and liabilities of ARDDO, including the ARDDO Lands, vested in the Crown.

Whereas section 11 of the Ministry of Infrastructure Act, 2011 (the “MOIA”) provides that except as otherwise provided in any other Act or by order of the Lieutenant Governor in Council, all Government property (as defined in the MOIA) is vested in the Crown and is under the control of the of Minister of Government and Consumer Services (the “Minister”).

Whereas the vesting and control of the ARDDO Lands is not provided for in any Act or by an order of the Lieutenant Governor in Council other than pursuant to section 11 of the MOIA.

And whereas Her Majesty the Queen in Right of Ontario as represented by the Minister or a legal predecessor thereof is the registered owner of certain Government property, together with the ARDDO Lands which are described in Schedule “A” attached hereto (collectively, 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;

Now therefore,

1. 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 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;
   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, all necessary approvals required under the Realty Directive are obtained in advance of disposition.

And further this authority to transfer the Lands, pursuant to section 9 of the MOIA, shall be valid for forty-eight months from the date that this Order-in-Council is Approved and Ordered.

Schedule A