37.2 (1) Subject to subsections (7) and (9), this section applies if, (a) the administration and control of unpatented public lands is transferred from the Minister to another Minister of the Crown in right of Ontario or to a Crown agency within the meaning of the Crown Agency Act by an order made under subsection 37.1 (1), by an order in council or under any Act of the Province other than the Mining Act; and (b) the order, order in council or Act referred to in clause (a) does not include a provision requiring that, (i) the administration and control of the unpatented lands be returned to the Minister at some specified point in time or upon such other specified term, or (ii) the unpatented lands be used by the other Minister or Crown agency only for a specified purpose. 2020, c. 34, Sched. 22, s. 3. Authorization to dispose of interests, grant easements (2) On and after the day section 2 of Schedule 22 to the Better for People, Smarter for Business Act, 2020
comes into force, a Minister or Crown agency to whom responsibility for the administration and control of the unpatented public lands has been transferred in accordance with subsection (1) may, (a) transfer a freehold or leasehold interest in the unpatented lands to a third party, without letters patent being issued under the Great Seal to effect the transfer; and (b) grant an easement in or over the unpatented lands to a third party. 2020, c. 34, Sched. 22, s. 3. Effectiveness of transfer of interest (3) A transfer of a freehold or leasehold interest under clause (2) (a) has the same legal effect as a Crown grant of the interest carried out through the issuance of letters patent. 2020, c. 34, Sched. 22, s. 3. Same, easement (4) An easement granted under clause (2) (b) is valid and legally binding on the Crown and on all subsequent owners of the lands affected by the easement. 2020, c. 34, Sched. 22, s. 3. References to letters patent, etc. in other legislation (5) Subject to anything in this section, section 37.3 or 37.4, the following rules apply to the interpretation of any provision of this Act, the regulations, any other Act including the Mining Act or any regulation made under another Act: 1. Any reference in the provision to letters patent or to a patent with respect to land shall be deemed to include a reference to the instrument by which a freehold or leasehold interest is transferred under clause (2) (a), unless a contrary intention appears in the context of that provision. 2. Any reference in the provision to lands or interests in land that are patented or granted by the Crown shall be deemed to include a reference to freehold and leasehold interests transferred under clause (2) (a), unless a contrary intention appears in the context of that provision. 3. Any reference in the provision to the issuance or granting of letters patent shall be deemed to include a reference to the transferring of freehold and leasehold interests under clause (2) (a), unless a contrary intention appears in the context of that provision. 4. Any reference in the provision to a patentee shall be deemed to include a reference to the third party to whom a freehold or leasehold interest was transferred under clause (2) (a), unless a contrary intention appears in the context of that provision. 2020, c. 34, Sched. 22, s. 3. Same, exceptions (6) Despite subsection (5) and for greater certainty, (a) section 36 of this Act does not apply with respect to land that is the subject of a transfer under clause (2) (a) or of an easement granted under clause (2) (b) and any reference in that section to lands that are patented by the Crown shall not include a reference to lands that are the subject of a transfer under clause (2) (a); (b) section 24 of the Evidence Act shall not apply with respect to instruments by which a freehold or leasehold interest is transferred under clause (2) (a) and any reference in that section to letters patent shall not include a reference to those instruments; and (c) section 35 of the Land Titles Act does not apply with respect to land that is transferred to a third party under clause (2) (a) and any reference in that section to land granted to a patentee shall not include a reference to an interest in land transferred to a third party under clause (2) (a). 2020, c. 34, Sched. 22, s. 3. Release from reversionary clause (7) If an order under subsection 37.1 (1), or an order-in-council, that transfers responsibility for the administration and control of unpatented public lands from the Minister to another Minister or to a Crown agency contains either a provision requiring that the administration and control of the unpatented lands be returned to the Minister at some point in time or upon such other specified terms or a provision requiring that the unpatented lands be used by the other Minister or Crown agency only for a specified purpose, (a) the Minister may, by order, release the other Minister or Crown agency from any such requirement; and (b) upon an order being made under clause (a), this section applies with respect to the order made under subsection 37.1 (1) or the order in council and with respect to any subsequent transfers of interests or grants of easements that may be made by the other Minister or Crown agency under subsection (2). 2020, c. 34, Sched. 22, s. 3. Registration (8) Subsections 37.1 (3) and (4) apply with necessary modifications to an order made under clause (7) (a). 2020, c. 34, Sched. 22, s. 3. Non-application (9) This section does not apply with respect to unpatented public lands that are the subject of an order, order in council or Act described in subsection (1) if the Minister or Crown agency that receives responsibility for the administration and control of those lands has the authority under this Act or any other Act, (a) to sell, lease or otherwise dispose of the lands, without requesting the issuance of letters patent under the Great Seal to effect the disposition; or (b) to grant an easement in or over the lands. 2020, c. 34, Sched. 22, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 22, s. 3 - 08/12/2020