Order in Council 1006/2022

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 Subsection 114.2(1) of the Electricity Act, 1998, S.O. 1998, c. 15, (the “Electricity Act”) prescribes that the following real property (the “Hydro Lands”) was transferred to Her Majesty the Queen in Right of Ontario (the “Crown”):

1. All real property in Ontario that Hydro One Inc. or a subsidiary of Hydro One Inc. owned, directly or indirectly, in fee simple on the effective date that was used for the purposes of a transmission system or was acquired before that date for the purposes of a transmission system; and
2. All real property in Ontario that Hydro One Inc. or a subsidiary of Hydro One Inc. owned, directly or indirectly, in fee simple on the effective date that abuts real property described in paragraph 1.

Whereas the said effective date of the above transfer was December 31, 2002, being the date that Subsection 114.2(1) came into force;

Whereas pursuant to Subsection 114.15(1) of the Electricity Act, the authority of the Crown to dispose of the Hydro Lands is not restricted, provided that the Crown does not deal with the Hydro Lands contrary to Section 114.6 of the Electricity Act regarding the level of service provided by a transmission or distribution system;

Whereas pursuant to the Ministry of Infrastructure Act, 2011, S.O. 2011, c.9, Sch. 27 (the “MOIA”) and Order-in-Council 1152/2018, the Minister of Government and Consumer Services (the “Minister”) is responsible for disposing of Government property or interests in Government property including Hydro Lands where, other than for the operation of a transmission or distribution system, they are no longer required for the use and purpose of Government;

Whereas Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated the Minister’s authorities to dispose of Government property in the name of the Minister subject to certain conditions by Delegation of Authority to OILC under the MOIA dated June 6, 2011, as amended;

Whereas the ownership of certain Hydro Lands, as described in Appendix “A” attached hereto (the “Subject Lands”), or portions thereof, is no longer required by the Ontario Government;

Whereas the Minister, through OILC, has proposed to convey the Subject Lands for the purpose of public infrastructure development, subject to any statutory rights of other parties to use the Hydro Lands to operate a transmission system or distribution system;

Now therefore, pursuant to Section 9 of the MOIA, and Subsection 114.15(1) of the Electricity Act, the Minister and OILC are hereby authorized:

1. to transfer and convey the Subject Lands or portions thereof, together with any rights or interests appurtenant to the Subject Lands, as set out in Appendix “A” for the purpose of public infrastructure development, provided that prior to any transfer and conveyance, the Minister shall carry out the necessary due diligence, including any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary; and
2. to execute such documents as may be necessary for that purpose.

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

Appendix “A”