Order in Council 1007/2022

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 Her Majesty the Queen in Right of Ontario as represented by the Minister of Government and Consumer Services (the “Minister”) or a legal predecessor thereof is the registered owner of certain lands and premises described in Schedule “A” attached hereto (the “MGCS Lands”);

Whereas all or a portion of the MGCS Lands are unpatented and pursuant to Section 37.2 of the Public Lands Act, the Minister may transfer a freehold or leasehold interest in unpatented lands to a third party without letters patent and such transfer has the same legal effect as a Crown grant;

Whereas Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated the Minister’s authorities to acquire and 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 the City of Toronto (the “City”) is the registered owner of certain lands and premises also described in Schedule “A” attached hereto (the “City Lands”);

Whereas OILC is negotiating the proposed acquisition of the City Lands and the City may be agreeable to transferring the City Lands to the Minister in exchange for lands owned by the Province (the “Provincial Lands”);

Whereas the Minister, through OILC, has proposed to grant three (3) leases (the “Leases” collectively or individually a “Lease”) of the MGCS Lands and the City Lands (collectively the “Lands”) as set out in Schedule A;

Whereas the Leases will exceed 21 years and pursuant to subsections 9(4) and 9(5) of the MOIA, the Minister or OILC as a delegate of the Minister requires approval of the Lieutenant Governor-in-Council to grant the Leases;

Now therefore, pursuant to section 9 of the MOIA the Minister and OILC are hereby authorized:

1. to grant the Leases of the Lands described in Schedule “A” attached hereto provided that, the Minister actively pursues the acquisition of the City Lands as is required by the terms of any Lease; and
2. to execute such documents as may be necessary for that purpose.

And further this authority to lease the Lands, pursuant to section 9 of the MOIA, shall be valid for forty-eight months from the date this Order-in-Council is Approved and Ordered.

Schedule A