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 Her Majesty the Queen in Right of Ontario as represented by the Minister of Infrastructure (the “Minister”) or a legal predecessor thereof is the registered owner of 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 authorities 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;

Whereas the Lands are surplus to the requirements of the Government and ownership of the Lands is no longer required;

Whereas the Minister, through OILC, proposes to sell or otherwise dispose of the Lands to the Town of Oakville for open space, public park and conservation purposes;

And Whereas the Town of Oakville agrees to conditions requiring that the Lands be maintained for these purposes and agrees to other conditions precedent to the sale of the Lands;

Now therefore, pursuant to section 9 of the MOIA the Minister and OILC are hereby authorized:

  1. to sell or otherwise dispose of the Lands, together with any rights or interests appurtenant to the Lands, to the Town of Oakville provided that the Minister and OILC prior to any sale shall:
    1. carry out the necessary due diligence including meeting any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary;
    2. receive a resolution from the Town of Oakville Council outlining its commitment with respect to a plan for the provision of affordable housing that is consistent with the needs identified by Halton Region as housing service manager; and
    3. receive the necessary funding approval for the below open market value sale in the same fiscal year as the sale will occur; or
  2. in the event that the Lands are not sold or otherwise disposed of to the Town of Oakville, to sell or otherwise dispose of the Lands, together with any rights or interests appurtenant to the Lands, on the open market, provided that the Lands are first circulated in accordance with the MBC Realty Directive and  that the Minister and OILC prior to any sale shall carry out the necessary due diligence including meeting any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary; and
  3. to execute such documents as may be necessary for that purpose.

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

Schedule A

Ministry of Infrastructure

Approved and Ordered: March 21, 2018