Order in Council 925/2017

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 Minister of Transportation wishes to further develop Highway 401, which includes the design and construction of the expansion of Highway 401, including the widening of approximately 18km of Highway 401 from the Credit River in Mississauga westerly to Regional Road 25 in Milton, from 6 lanes to 10 basic lanes or 12-lane core/collector with a High Occupancy Vehicle lane in each direction (the "Project");

And Whereas the Project is located on lands under the jurisdiction of the Minister of Transportation and relates to matters under the jurisdiction of the Minister of Transportation, including the planning, design, and construction of a highway, pursuant to the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50 ("PTHIA"), and the Minister of Transportation holds exclusive legislative authority over highway lands and the administration of highways under the PTHIA;

And Whereas the PTHIA provides that the Minister of Transportation may enter into agreements for the construction, extension and maintenance of highways;

And Whereas the Ministry of Transportation Act, R.S.O. 1990, c. M.36 provides that the Minister of Transportation’s powers to enter such agreements may be delegated only to the Deputy Minister of Transportation or employees of the Ministry of Transportation;

And Whereas pursuant to clause 7(4)(j) of the Ministry of Infrastructure Act, 2011, S.O. 2011, c. 9, Sched. 27 (“MOIA”), the Minister of Infrastructure provided direction to Ontario Infrastructure and Lands Corporation (“OILC”) in respect of the Project;

And Whereas under the MOIA, the Minister of Infrastructure may delegate his statutory power to enter into agreements in respect of the construction of public works to a Crown agency for which he is responsible, such as OILC;

And Whereas under the Ontario Infrastructure and Lands Corporation Act, 2011, S.O. 2011, c. 9, Sched. 32 (“OILCA”), the Minister of Infrastructure is responsible for OILC and is authorized to issue policies and directives to OILC and OILC is obligated to implement such policies and directives;

And Whereas pursuant to subsection 3(1) of the OILCA, OILC is a Crown agent for all purposes;

And Whereas it is recommended by the Ministers of Transportation and Infrastructure that the agreement to design, build, and finance the Project and ancillary documents and agreements related to the Project (collectively the "Project Documents") be entered into by Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation as represented by OILC;

And Whereas it is recommended by the Ministers of Transportation and Infrastructure that the Minister of Transportation, without further delegation, have the authority to issue policies and directives to OILC in respect of the Project and that OILC be obligated to implement such policies and directives;

And Whereas it is recommended that to enable the Project Documents to be executed by Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation as represented by OILC, and to provide the Minister of Transportation, without further delegation, the authority to issue binding policies and directives to OILC in respect of the Project, the Minister of Transportation have the authority to share in the powers, duties, functions and responsibilities under the MOIA and the OILCA;

And Whereas subsection 8(1)(g) of the Executive Council Act, R.S.O. 1990, c. E.25 ("ECA") provides that the authority of the Lieutenant Governor under that Act includes authority, by Order in Council, to direct that two or more ministers share a power, duty, function or responsibility under an Act;

Now Therefore, pursuant to subsection 8(1)(g) of the ECA, despite any provision of a statute or Order in Council, the Minister of Transportation shall exercise the powers and perform the duties, functions and responsibilities of the Minister of Infrastructure under the MOIA and the OILCA for the purposes of (a) permitting OILC to enter into the Project Documents as Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation as represented by OILC, and (b) having authority to issue binding policies and directives to OILC in respect of the Project.