Order in Council 776/2025

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 twin the Queen Elizabeth Way Garden City Skyway bridge between the City of St. Catharines and the Town of Niagara on the Lake in the Regional Municipality of Niagara (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 ("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 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, under the Ministry of Infrastructure Act, 2011 (“MOIA”), the Minister of Infrastructure is responsible for functions, responsibilities and programs in respect of Government property;

And whereas, under the MOIA, the Minister of Infrastructure may delegate her statutory power to enter into agreements in respect of Government property to a Crown agency for which she is responsible, such as the Ontario Infrastructure and Lands Corporation (“OILC”);

And whereas pursuant to subparagraph 2 ii of subsection 4(1) of the Ontario Infrastructure and Lands Corporation Act, 2011 (“OILCA”), OILC may provide advice and services related to Government property, including project management, contract management and development to the Government, when directed to do so in writing by the Minister of Infrastructure;

And whereas, under the MOIA, the Minister of Infrastructure may issue directions to the agencies for which the Minister is responsible, such as OILC, and under the OILCA, the Minister of Infrastructure may issue policies and directives to OILC and OILC is obligated to implement such policies and directives;

And whereasit is recommended by the Ministers of Transportation and Infrastructure that the Development Phase Agreement and related ancillary agreements to design the Project (collectively the "Development Phase Project Documents") be entered into by His Majesty the King in right of Ontario as represented by the Minister of Transportation, and His Majesty the King 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 have the authority to issue directions, policies and directives to OILC in respect of the Project and that OILC be obligated to implement such directions, policies and directives;

And whereas it is recommended that to enable the Development Phase Project Documents to be co-signed by His Majesty the King in right of Ontario as represented by the Minister of Transportation as represented by OILC, and to provide the Minister of Transportation 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 clause 8(1)(g) of the Executive Council Act ("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 clause 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 co-sign the Development Phase Project Documents as His Majesty the King in right of Ontario as represented by the Minister of Transportation as represented by OILC, and (b) having authority to issue directions and binding policies and directives to OILC in respect of the Project.