jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “Deputy Minister” means the Deputy Minister of Infrastructure; (“sous-ministre”) “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” means property described in section 1.1; (“biens du gouvernement”) “Minister” means, unless the context requires otherwise, 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 the Ministry of Infrastructure; (“ministère”) “public sector organization” means, (a)  a municipality within the meaning of the Municipal Act, 2001, (b)  a local board, as defined in subsection 1 (1) of the
Municipal Act, 2001, (c)  a board, as defined in subsection 1 (1) of the Education Act, (d)  a post-secondary educational institution in Ontario that receives regular operating funding from the Government, (e)  a hospital within the meaning of the Public Hospitals Act, (f)  a board of health, as defined in subsection 1 (1) of the Health Protection and Promotion Act, (g)  such other persons and entities, including the Office of the Assembly and the offices of officers of the Assembly, as may be prescribed for the purposes of this definition. (“organisation du secteur public”)  2011, c. 9, Sched. 27, s. 1; 2015, c. 38, Sched. 7, s. 51 (1-5); 2018, c. 17, Sched. 45, s. 10. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 51 (1-5) - 10/12/2016 2018, c. 17, Sched. 45, s. 10 - 06/12/2018
1.1 (1) For the purposes of this Act, land or interests in land, and fixtures or interests in fixtures installed or placed in or used in connection with the land, are Government property if they belong to the Government. 2015, c. 38, Sched. 7, s. 51 (6). Same, certain buildings and structures (2) For the purposes of this Act, a building or structure or an interest in a building or structure is also Government property if, (a)  the building, structure or interest is owned separately from the land on which the building or structure is located; and (b)  the building, structure or interest belongs to the Government. 2015, c. 38, Sched. 7, s. 51 (6). Method of acquisition not affecting status (3) Property described in this section as Government property has that status regardless of how it vested in the Crown. 2015, c. 38, Sched. 7, s. 51 (6). Commodities, furnishings and equipment (4) For greater certainty, commodities, furnishings and equipment referred to in the Ministry of Government Services Act are not Government property for the purposes of this Act. 2015, c. 38, Sched. 7, s. 51 (6). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 51 (6) - 10/12/2016
2 The Ministry of the public service known in English as the Ministry of Infrastructure and in French as ministère de l’Infrastructure is continued.  2011, c. 9, Sched. 27, s. 2.
3 The Minister shall preside over and have charge of the Ministry.  2011, c. 9, Sched. 27, s. 3.
4 The Lieutenant Governor in Council shall appoint a Deputy Minister of Infrastructure who shall be the deputy head of the Ministry.  2011, c. 9, Sched. 27, s. 4.
5 Such employees as are required from time to time for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006.  2011, c. 9, Sched. 27, s. 5.
6 (1) No action or other civil proceeding shall be instituted against the Deputy Minister or any public servant who works in the Ministry, anyone acting under authority delegated by the Minister under section 19, or a member of a committee established under section 20 for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.  2011, c. 9, Sched. 27, s. 6 (1). Liability of Crown (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  2011, c. 9, Sched. 27, s. 6 (2); 2019, c. 7, Sched. 17, s. 112. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 112 - 01/07/2019
8 Before an agreement is entered into for and in the name of the Crown in respect of the construction, renovation, repair or improvement of Government property, the Ministry or a Crown agency for which the Minister is responsible, as the case may be, shall comply with the applicable policies and directives of Management Board of Cabinet.  2011, c. 9, Sched. 27, s. 8; 2015, c. 38, Sched. 7, s. 51 (12). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 51 (12) - 10/12/2016 Acquiring and disposing of property
10 (1) Subject to the Expropriations Act, the Minister, for and in the name of the Crown, may, without consent of the owner, enter on, take and expropriate any land or interest in land that the Minister considers necessary for the use or purposes of the Government.  2011, c. 9, Sched. 27, s. 10 (1). Lieutenant Governor in Council direction (2) Subject to the Expropriations Act, the Minister, on the direction of the Lieutenant Governor in Council, for and in the name of the Crown, shall, without consent of the owner, enter on, take and expropriate any land or interest in land that the Lieutenant Governor in Council considers necessary for the benefit of the public.  2011, c. 9, Sched. 27, s. 10 (2). Expropriation by Minister on behalf of Government or public sector organization (3) Subject to the Expropriations Act, the Minister, on the request of the Government or a public sector organization, may, on behalf of the Government or the public sector organization, without consent of the owner, enter on, take and expropriate land or any interest in land, that the Minister considers necessary for the use or purposes of the Government or the public sector organization, for and in the name of the Crown.  2011, c. 9, Sched. 27, s. 10 (3). Same (4) Subsection (3) applies whether or not the Government or the public sector organization has authority under any other Act to enter on, take and expropriate land or any interest in land without the consent of the owner of the land.  2011, c. 9, Sched. 27, s. 10 (4).
11 Except as otherwise provided in any other Act or by order of the Lieutenant Governor in Council, all Government property is vested in the Crown and is under the Minister’s control. 2015, c. 38, Sched. 7, s. 51 (14). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 33, s. 2 - 20/06/2012 2015, c. 38, Sched. 7, s. 51 (14) - 10/12/2016 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 5, Sched. 2, s. 1) Prescribed entities not to hold interests in land, etc. Application 11.0.1 (1) This section applies with respect to the entities prescribed in the regulations made by the Minister for the purposes of this section. 2023, c. 5, Sched. 2, s. 1. No authority to hold interests in land, etc. (2) Despite anything in any other Act or in any regulation, other than a regulation under section 22, a prescribed entity shall not hold or control, or acquire by purchase, lease or otherwise, any, (a)  land, buildings or structures; (b)  interests in land, buildings or structures; or (c)  fixtures or interests in fixtures installed or placed in or used in connection with land, buildings or structures. 2023, c. 5, Sched. 2, s. 1. Transition, deemed vesting in Crown (3) On the day on which a regulation prescribing an entity for the purposes of this section comes into force, any land, buildings or structures, any interests in land, buildings or structures and any fixtures or interests in fixtures installed or placed in or used in connection with land, buildings or structures that belonged to the entity immediately before the regulation came into force are deemed to vest in the Crown and to be under the Minister’s control. 2023, c. 5, Sched. 2, s. 1. No expropriation or injurious affection (4) Nothing done or not done in accordance with this section or a regulation made under section 22 constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2023, c. 5, Sched. 2, s. 1. Acquiring property for use of prescribed entity (5) Without limiting the generality of section 9, if the Minister acquires, by purchase, lease or otherwise, land, buildings or structures or interests in land, buildings or structures for the use of an entity that is a prescribed entity but that is not part of the Government within the meaning of section 1, the acquisition is deemed to be for the use or purposes of the Government under section 9. 2023, c. 5, Sched. 2, s. 1. Exceptions, etc. (6) This section is subject to any exceptions, conditions, limitations or restrictions set out in the regulations made by the Minister. 2023, c. 5, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 5, Sched. 2, s. 1 - not in force
11.1 (1) The Minister may, by order, transfer to another Minister or to a Crown agency jurisdiction over, or administration or control of, any Government property described in subsection 1.1 (1) that is under the Minister’s control. 2015, c. 38, Sched. 7, s. 51 (15). Terms and conditions (2) A transfer under subsection (1) is subject to the terms and conditions set out in the order.  2012, c. 8, Sched. 33, s. 3. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 33, s. 3 - 20/06/2012 2015, c. 38, Sched. 7, s. 51 (15) - 10/12/2016
12 (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto in favour of the Government, in respect of Government property, is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, despite the fact that the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Government.  2011, c. 9, Sched. 27, s. 12 (1); 2015, c. 38, Sched. 7, s. 51 (16). Terms of instrument binding on successors (2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted or created by or contained in the instrument are binding on and enure to the benefit of the heirs, successors, personal representatives and assigns of the parties to the instrument.  2011, c. 9, Sched. 27, s. 12 (2). Liability of grantor for breach of covenant limited (3) A party to an instrument to which subsection (1) applies or a person to whom subsection (2) applies is not liable for breach of a covenant or condition contained in the instrument committed after the person ceased to be the owner of the land mentioned in the instrument, or after the person ceased to hold the interest in the land by virtue of which the person or the person’s predecessor in title executed the instrument.  2011, c. 9, Sched. 27, s. 12 (3). Land to remain subject to instrument when sold for taxes (4) Where the land mentioned in an instrument to which subsection (1) applies is sold for taxes, the land shall be deemed to have been sold subject to any right or interest granted or created by and any condition or covenant contained in the instrument.  2011, c. 9, Sched. 27, s. 12 (4). Application (5) This section applies despite the fact that the right, interest, covenant or condition was granted or created by or contained in an instrument executed before June 18, 1974.  2011, c. 9, Sched. 27, s. 12 (5). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 51 (16) - 10/12/2016 Government public utilities
14 The expenditures of the Ministry shall be paid out of money appropriated therefor by the Legislature.  2011, c. 9, Sched. 27, s. 14.
15 Subject to the Financial Administration Act, the Minister may charge for services provided under this Act.  2011, c. 9, Sched. 27, s. 15; 2015, c. 38, Sched. 7, s. 51 (17). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 51 (17) - 10/12/2016
16 The Minister may require and take security by way of bond, with or without collateral security, or by way of deposit of money for the due performance of an agreement entered into under this Act.  2011, c. 9, Sched. 27, s. 16.
17 (1) The Lieutenant Governor in Council may authorize a seal for the Ministry.  2011, c. 9, Sched. 27, s. 17 (1). Same (2) The seal may be reproduced by engraving, lithographing, printing or other method of mechanical reproduction.  2011, c. 9, Sched. 27, s. 17 (2). Same (3) When reproduced in accordance with subsection (2), the seal has the same effect as if it is manually affixed.  2011, c. 9, Sched. 27, s. 17 (3).
18 The Minister may require a person or an organization that has received financial assistance under this Act to submit to the Minister a statement prepared by an individual licensed under the
Public Accounting Act, 2004 that sets out the details of the disposition of the financial assistance by the person or organization.  2011, c. 9, Sched. 27, s. 18. Delegation
19 (1) Where, under this or any other Act, responsibility or authority is granted to or vested in the Minister, other than the power to expropriate, the Minister may in writing delegate that responsibility or authority to the Deputy Minister or to any public servant who works in the Ministry, subject to the terms and conditions that the Minister sets out in the delegation.  2011, c. 9, Sched. 27, s. 19 (1). Delegation to Crown agency (2) The Minister may in writing delegate his or her responsibility or authority under the following provisions to any Crown agency for which the Minister is responsible, subject to the terms and conditions that the Minister sets out in the delegation: 1.  Subsection 7 (2). 2.  Clause 7 (4) (g), if the agreement entered into for and in the name of the Crown is in respect of a matter mentioned in subsection 7 (2). 2.1  Section 7.1. 3.  Subsections 9 (1), (2), (3) and (4). 4.  Section 10. 5.  Section 11.1.  2011, c. 9, Sched. 27, s. 19 (2); 2012, c. 8, Sched. 33, s. 4; 2015, c. 38, Sched. 7, s. 51 (18); 2020, c. 18, Sched. 20, s. 4 (2). Same (3) The Minister may in writing delegate his or her responsibility or authority under subsection 7 (5), subject to the terms and conditions that the Minister sets out in the delegation, to, (a)  the Ontario Infrastructure and Lands Corporation; or (b)  if the Minister of Finance approves, any other Crown agency for which the Minister is responsible. 2015, c. 38, Sched. 7, s. 51 (19). Same, Forfeited Corporate Property Act, 2015 (3.1) The Minister may in writing delegate any responsibility or authority given to the Minister under the Forfeited Corporate Property Act, 2015 to a Crown agency for which the Minister is responsible, subject to the terms and conditions that the Minister sets out in the delegation. 2015, c. 38, Sched. 7, s. 51 (19). Access to delegations (4) Where the Minister considers it appropriate to do so, the Minister shall take steps that the Minister considers appropriate to ensure that the delegation is readily available to the public.  2011, c. 9, Sched. 27, s. 19 (4). General or specific (5) A delegation made under this section may be general or specific.  2011, c. 9, Sched. 27, s. 19 (5). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 33, s. 4 (1, 2) - 20/06/2012 2015, c. 38, Sched. 7, s. 51 (18, 19) - 10/12/2016 2020, c. 18, Sched. 20, s. 4 (2) - 21/07/2020
20 (1) The Lieutenant Governor in Council or the Minister may, (a)  establish advisory committees to advise the Minister on the exercise of his or her authority and the performance of his or her duties, functions and responsibilities; (b)  appoint the members of the committees, and designate one member as chair and one or more members as vice-chair; and (c)  determine the terms of reference of the committees.  2011, c. 9, Sched. 27, s. 20 (1). Remuneration and expenses (2) The Lieutenant Governor in Council may determine the remuneration and expenses of persons appointed under clause (1) (b).  2011, c. 9, Sched. 27, s. 20 (2).