Order in Council 948/2018

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 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 or retention of the interests is no longer required;

Whereas the Minister, through OILC, has proposed to sell or otherwise dispose of the Lands;

Whereas Order-in-Council 143/2018 purported to authorize the disposition of the lands referred to as County of Elgin - Former St. Thomas Psych Hospital and Agricultural Lands in Schedule “A” hereto (“the Elgin lands”) but Schedule “A” to that Order-in-Council included only a partial legal description of the Elgin lands, although the entire Elgin lands are being proposed for disposition, and a corrected legal description for the Elgin lands is set out in Schedule “A” hereto;

Whereas the Minister, through OILC, has proposed to sell the Guelph – Former Guelph Correctional Centre Residual Lands and the Guelph – Wellington Detention Centre Lands (together the “Guelph Lands”) directly to the City of Guelph (“Guelph”) at fair value;

Whereas Guelph proposes to market the Guelph Lands on the open market through an open competitive Request for Proposal (RFP) which would seek land development proposals from private developers detailing how they would meet Guelph’s development requirements on the Guelph 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, provided 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, with respect to the Guelph Lands, provided that the Minister enter into a standard Participation Agreement with Guelph with a term of a minimum of 20 years to protect the Province’s financial interest and a term that any sale proceeds paid by the RFP proponent to Guelph above the amount paid by Guelph to the Province would be repaid by Guelph to the Province;
2. to release the interest in the Lands, provided that the Minister and OILC prior to any release shall carry out the necessary due diligence including meeting any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary; and
   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"