Order in Council 602/2018

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, 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 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 or, where applicable, interests in the Lands;

Whereas the Minister, through OILC, proposes to transfer or otherwise dispose of the Lands or, where applicable, the interests in the Lands as the ownership of or, where applicable, the interests in the Lands is no longer required by the Government;

Whereas the proposed transfer of the Lands designated for road purposes is consistent with the development plans for the road infrastructure in the Seaton development and required to satisfy the Province’s conditional obligations under various agreements;

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

Whereas the proposed release of interests is required to facilitate the inclusion of the Lands that are subject to the interest in parcels of developable land so as to support the orderly development of those 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 and in particular to dispose of certain of the Lands, together with any rights or interests appurtenant to the Lands, to the Region of Durham or City of Pickering or release the interests in certain of the Lands, provided that: 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 communities, where required, and provide accommodation, where necessary; and where the Lands are subject to an easement in favour of Hydro One Networks Inc. or a predecessor of Hydro One Networks Inc. these Lands shall be disposed of subject to that easement;
2. to execute such documents as may be necessary for that purpose

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