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 His Majesty the King in Right of Ontario as represented by the Minister of Infrastructure (the “Minister”) or a legal predecessor thereof is the registered owner of certain Government property, as defined in the Ministry of Infrastructure Act, 2011 (the “MOIA”) including interests in property owned by third parties, all of which interests are described in Schedules “A”, “B”, “C”, “D” “E”, “F”, “G”, and “H” attached hereto (the “MOI Lands”);

Whereas His Majesty the King in Right of Ontario as represented by the Minister of Natural Resources (the “Minister of NR”) has the administration and control of unpatented lands described as MNR Unpatented Lands in Schedule “G” attached hereto (the “MNR Unpatented Lands”);

Whereas His Majesty the King in Right of Ontario as represented by the Minister of NR or a legal predecessor thereof is shown on title as the registered owner of certain property identified as: (i) Essa – Angus Tree Seed Plant, D1060221 (ID 5-53); (ii) the Secondly Lands in Sudbury Unorganized - Low Ave and Clark St, Gogama, D1052026 (ID 6-1); and (iii) Sudbury Unorganized -South side of Low Avenue, Gogama, (D1092408) (ID 6-5), all described as the “MNR Lands” in Schedule “G” attached hereto;

Whereas pursuant to section 6 of the Public Lands Act, 1990 (the “PLA”) the Lieutenant Governor in Council may exercise the power conferred on the Minister of NR pursuant to section 37.1 of the PLA to by order transfer the administration and control of public lands to another minister of the Crown;

Whereas this Order-in-Council shall transfer whatever interest or authority the Minister of NR may have in the MNR Lands to the Minister in order to allow for the disposition of the MNR Lands;

Whereas the MOI Lands, the MNR Lands and the MNR Unpatented Lands are collectively referred to as the “Lands”;

Whereas Ontario Infrastructure and Lands Corporation (“OILC”) has been delegated the Minister’s authority to dispose of Government property subject to certain conditions;

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 Government property;

Whereas the Minister, through OILC, proposes to dispose of the Lands on the open market for fair value or as is otherwise allowed subject to receiving administration and control of the Unpatented MNR Lands and the release of the reversionary clause applicable to one property in the MOI Lands identified as ID 6-2 in Schedule “G” without further approvals pursuant to the Management Board of Cabinet Realty Directive;

Now therefore,

  1. Pursuant to section 6 of the PLA, any administration and control that the Minister of NR may have of the MNR Lands is hereby transferred to the Minister;
  2. Pursuant to section 9 of the MOIA the Minister and OILC are hereby authorized to sell or otherwise dispose of the Lands, together with any rights or interests appurtenant to the Lands, provided that:
    1. with respect to the MNR Unpatented Lands, the Minister has received the administration and control of such property;
    2. with respect to the property identified as ID 6-2 in Schedule “G”, the Minister has received a release of the reversionary clause applicable to such property;
    3. the Minister and OILC prior to any sale shall determine if the Lands are surplus to the requirements of the Government and ownership is no longer required and carry out the necessary due diligence and obtain necessary approvals to proceed including meeting requirements under the Management Board of Cabinet Realty Directive and any obligation to consult with Indigenous peoples, where required, and provide accommodation, where necessary; and
    4. where property is not being offered for sale on the open market at fair value or as is otherwise allowed by the Management Board of Cabinet Realty Directive that all necessary approvals required by the Realty Directive are obtained in advance of disposition.

And further this authority to transfer the Lands, and where applicable release the interests in 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.

Schedules “A”, “B”, “C”, “D” “E”, “F”, “G”, and “H”

Ministry of Infrastructure

Approved and Ordered: November 07, 2024