Ontario Infrastructure and Lands Corporation Act, 2011, S.O. 2011, c. 9, Sched. 32

• Jurisdiction: Ontario

Ontario Infrastructure and Lands Corporation Act, 2011

S.O. 2011, CHAPTER 9
Schedule 32

Consolidation Period: From December 6, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 25, Sched. 2, s. 24.

CONTENTS

General

Definitions

1 In this Act,

“Corporation” means the Ontario Infrastructure and Lands Corporation continued under subsection 2 (1); (“Société”)

“eligible public organization” means an organization described in subsection 4 (2); (“organisation publique admissible”)

“Government” means,

(a) the Government of Ontario and the Crown in right of Ontario,

(b) a ministry of the Government of Ontario,

(c) a Crown agency, other than a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, and

(d) any board, commission, authority or unincorporated body of the Crown; (“gouvernement”)

“Government property” has the same meaning as in the Ministry of Infrastructure Act, 2011; (“biens du gouvernement”)

“Minister” means, except where otherwise indicated, the Minister of Infrastructure or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means, except where otherwise indicated, the Ministry of Infrastructure; (“ministère”)

“municipality” has the same meaning as in subsection 1 (1) of the Municipal Act, 2001; (“municipalité”)

“public sector organization” has the same meaning as in the Ministry of Infrastructure Act, 2011. (“organisation du secteur public”) 2011, c. 9, Sched. 32, s. 1; 2015, c. 38, Sched. 7, s. 56 (1-3).

Section Amendments with date in force (d/m/y)

2015, c. 38, Sched. 7, s. 56 (1-3) - 10/12/2016

Corporate Matters

Amalgamated Corporation

2 (1) The Ontario Realty Corporation, continued under subsection 2 (2) of the Capital Investment Plan Act, 1993, the Ontario Infrastructure Projects Corporation, continued under subsection 2 (1) of the Ontario Infrastructure Projects Corporation Act, 2006, and the Stadium Corporation of Ontario Limited, incorporated on August 1, 1984 under the Business Corporations Act, are amalgamated and shall continue as a corporation without share capital under the name Ontario Infrastructure and Lands Corporation in English and Société ontarienne des infrastructures et de l’immobilier in French. 2011, c. 9, Sched. 32, s. 2 (1).

Composition

(2) The Corporation is composed of the members of its board of directors. 2011, c. 9, Sched. 32, s. 2 (2).

Corporation name change

(3) The Minister may, by regulation, change the name of the Corporation. 2011, c. 9, Sched. 32, s. 2 (3).

Status as Crown agent

3 (1) Subject to subsections (2) and (3), the Corporation is a Crown agent for all purposes. 2011, c. 9, Sched. 32, s. 3 (1).

Exception

(2) The Corporation may declare in writing in an agreement, security or instrument that it is not acting as a Crown agent for the purposes of the agreement, security or instrument. 2011, c. 9, Sched. 32, s. 3 (2).

Effect of declaration

(3) If the Corporation makes a declaration in accordance with subsection (2), the Corporation shall be deemed not to be a Crown agent for the purposes of the agreement, security or instrument and the Crown is not liable for any liability or obligation of the Corporation under the agreement, security or instrument. 2011, c. 9, Sched. 32, s. 3 (3).

Objects of the Corporation

4 (1) Subject to a direction of the Minister under subsection (3), the following are the objects of the Corporation:

1. To provide financing for infrastructure purposes prescribed under clause 36 (1) (a) to the following:

i. Municipalities.

ii. Eligible public organizations as described in subsection (2).

iii. Eligible public organizations as described in section 4.1.

2. To provide advice and services related to Government property, including project management, contract management and development, to the following:

i. The Minister.

ii. The Government, when directed to do so in writing by the Minister.

2.1 Repealed: 2015, c. 38, Sched. 7, s. 56 (4).

3. To provide financial management for Government property managed by the Ministry or by a Crown agency for which the Minister is responsible.

4. To carry out the powers, duties and functions delegated by the Minister to the Corporation under the Ministry of Infrastructure Act, 2011, the Building Broadband Faster Act, 2021 or the Rebuilding Ontario Place Act, 2023.

4.1 To carry out the powers, duties and functions of the Corporation under the Rebuilding Ontario Place Act, 2023.

5. To provide advice and services related to real property to public sector organizations prescribed under clause 36 (1) (b) for purposes prescribed under clause 36 (1) (c), when directed to do so in writing by the Minister.

6. To provide the following advice and services to non-Ontario entities when directed to do so, in writing, by the Minister, subject to any limitation that may be prescribed by the Minister in regulations made under subsection (7).

i. Advice on the development of public infrastructure loan programs.

ii. Advice and services related to real property.

iii. Advice and services on financial, strategic or other matters.

iv. Advice and services on the implementation of transactions.

v. Advice and services, including project management and contract management, related to infrastructure projects.

7. To provide advice and services to the Minister or other members of the Executive Council on financial, strategic or other matters involving the Government, when directed to do so in writing by the Minister.

8. To implement or assist in the implementation of transactions involving the Government, when directed to do so in writing by the Minister.

9. To provide advice and services, including project management and contract management, related to infrastructure projects in Ontario that are not Government property, when directed to do so in writing by the Minister.

10. To engage in such other related activities as the Lieutenant Governor in Council may prescribe under clause 36 (1) (d). 2011, c. 9, Sched. 32, s. 4 (1); 2012, c. 8, Sched. 40, s. 1 (1-5); 2015, c. 38, Sched. 7, s. 56 (4, 5); 2017, c. 8, Sched. 25, s. 1 (1); 2019, c. 7, Sched. 45, s. 1 (1); 2021, c. 2, Sched. 1, s. 29 (1); 2023, c. 25, Sched. 2, s. 24.

Eligible public organization

(2) For the purposes of subparagraph 1 ii of subsection (1), an eligible public organization is an organization that meets the conditions prescribed under clause 36 (1) (e) and that is one of the following:

1. A university, the federated or affiliated college of a university, or other post-secondary educational institution.

2. A corporation incorporated under subsection 203 (1) of the Municipal Act, 2001 or subsection 148 (1) of the City of Toronto Act, 2006.

3. A corporation incorporated under section 142 of the Electricity Act, 1998, all the shares of which are held by one or more municipal corporations.

4. A corporation incorporated as a local housing corporation under Part III of the Social Housing Reform Act, 2000.

5. A co-operative housing provider or a non-profit housing provider that provides or will provide housing under a federally, provincially or municipally funded housing program in Ontario.

6. A local services board established under the Northern Services Boards Act.

7. A not-for-profit long-term care provider whose license was issued or replaced under the Fixing Long-Term Care Act, 2021 or whose approval was granted or continued under that Act.

8. A not-for-profit organization that benefits the public and that is prescribed under clause 36 (1) (f) as an eligible public organization.

9. A co-operative within the meaning of the Co-operative Corporations Act that benefits the public and that is prescribed under clause 36 (1) (g) as an eligible public organization.

10. Subject to the regulations under clause 36 (1) (h), an organization, other than an organization referred to in paragraphs 1 to 8, that was prescribed under clause 28 (1) (a) of the Ontario Infrastructure Projects Corporation Act, 2006 immediately before the repeal of that Act. 2011, c. 9, Sched. 32, s. 4 (2); 2012, c. 8, Sched. 40, s. 1 (6); 2017, c. 8, Sched. 25, s. 1 (2); 2021, c. 39, Sched. 2, s. 17.

Ministerial directions, objects of the Corporation

(3) The Minister may give directions in writing limiting the scope of the objects set out in subsection (1). 2011, c. 9, Sched. 32, s. 4 (3).

Direction of Minister

(4) A direction of the Minister under this section may be general or specific. 2011, c. 9, Sched. 32, s. 4 (4).

Non-application of Legislation Act, 2006, Part III

(5) Part III of the Legislation Act, 2006 does not apply to a direction issued under this section. 2011, c. 9, Sched. 32, s. 4 (5).

Access to directions of the Minister

(6) Where the Minister considers it appropriate to do so, the Minister shall take steps that the Minister considers appropriate to ensure that a direction under subsection (3) is readily available to the public. 2011, c. 9, Sched. 32, s. 4 (6).

Regulations

(7) The Minister may make regulations prescribing limitations for the purposes of paragraph 6 of subsection (1). 2019, c. 7, Sched. 45, s. 1 (2).

Definition

(8) For the purposes of paragraph 6 of subsection (1),

“non-Ontario entity” means,

(a) a public entity that is located outside of Ontario but within Canada,

(b) a foreign state, including,

(i) a country or the government of a country,

(ii) a political subdivision of a country or the government of a political subdivision, or

(iii) any department, branch or agency of the government of a country or of a political subdivision of a country, or

(c) any other entity outside of Ontario that is designated in writing by the Minister for the purposes of this definition. 2019, c. 7, Sched. 45, s. 1 (2).

Section Amendments with date in force (d/m/y)

2012, c. 8, Sched. 40, s....