Order in Council 867/2022

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:

1. Ontario Health is a corporation without share capital continued under subsection 3(1) of the Connecting Care Act, 2019 (the “Act”);
2. Ontario Health is an agent of the Crown and its powers may be exercised only as an agent of the Crown;
3. Ontario Health has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited by the Act or the regulations;
4. Subsection 7(3) of the Act provides that Ontario Health shall not dispose or transfer any interest in real property, except for leasing space that is reasonably necessary for Ontario Health’s purposes, or receive money or assets from any person or entity except the Crown in right of Ontario without the approval of the Lieutenant Governor in Council;
5. The Minister of Health issued an order under section 40 of the Act transferring all assets, liabilities, rights, obligations and staff of Cancer Care Ontario (“CCO”) to Ontario Health on December 2, 2019.  Among the CCO assets that were transferred to Ontario Health was the property known municipally as 541 Jarvis Street in Toronto which includes the site and premises of the Princess Margaret Cancer Centre Lodge (the “Lodge”).  The Lodge has been used since 1962 to provide accommodation to out-of-town cancer patients and their families while patients are receiving cancer treatment in Toronto;
6. Ontario Health now wishes to transfer the Lodge to the University Health Network and ensure the Lodge continues to be used to assist cancer patients and their families.

Now therefore:

1. Pursuant to subsection 7(3) of the Act, Ontario Health is authorized to:
   1. transfer its interests in the Lodge to University Health Network; and
   2. receive funds from University Health Network in respect of the transfer of the Lodge.
2. The foregoing approval is subject to the following conditions:
   1. Ontario Health shall require University Health Network to register a notice under section 118 of the Land Titles Act to prohibit, for a period of twenty (20) years following the transfer date, any further transfer or charge of the Lodge without obtaining the prior written consent of Ontario Health or its successor.
   2. Subject to paragraph B (iii), Ontario Health shall not receive more than one dollar ($1.00) from University Health Network for the transfer of the Lodge.
   3. If University Health Network transfers the Lodge to an arm’s-length third-party within five (5) years of the Ontario Health transfer, Ontario Health shall require University Health Network to provide Ontario Health with the proceeds of such transfer, less the aggregate amount of all reasonable costs and expenses incurred by University Health Network, after closing, in carrying out and completing: (a) the sale and transfer of the property; (b) repairs and improvements made to the property; and (c) repairs and improvements made to another property used to provide funded beds to cancer patients and their families.
3. For the purpose of paragraph B (i), a “successor” of Ontario Health is a Crown agency with a substantially similar statutory mandate to fund, manage and coordinate cancer services or, in the event such agency does not exist, the Minister of Health or minister of a successor ministry.