Bill 151, Improving Real Estate Management Act, 2024

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 151 and does not form part of the law.
Bill 151 has been enacted as Chapter 7 of the Statutes of Ontario, 2024.

Various statutes are amended with respect to the acquisition or disposal of real estate.

The Algonquin Forestry Authority Act is amended to provide that the Authority under that Act shall not acquire or dispose of a freehold interest in real property without the approval of the Minister of Natural Resources and Forestry.

The McMichael Canadian Art Collection Act is amended to provide that the Corporation under that Act may acquire a freehold interest in real property with the approval of the Lieutenant Governor in Council, and shall not dispose of a freehold interest in real property.

The Metropolitan Toronto Convention Centre Corporation Act is amended to provide that the Corporation under that Act shall not acquire or dispose of a freehold interest in real property.

The Ottawa Convention Centre Corporation Act is amended to provide that the Centre under that Act shall not acquire or dispose of a freehold interest in real property.

The Royal Ontario Museum Act is amended to provide that the Museum shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council. The Museum shall not dispose of a freehold interest in real property except with the approval of the Lieutenant Governor in Council and, if regulations have been made by the Lieutenant Governor in Council, in compliance with those regulations.

The Science North Act is amended to provide that the Centre and the Board under that Act shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council, and shall not dispose of a freehold interest in real property.

Amendments are also made to the following four statutes so that the ability of certain entities to hold interests in land, buildings and structures is subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011:

   1.  Centennial Centre of Science and Technology Act.

   2.  Connecting Care Act, 2019.

   3.  Niagara Escarpment Planning and Development Act.

   4.  Ontario Agency for Health Protection and Promotion Act, 2007.

Bill 151 2024

An Act to amend various statutes regarding infrastructure

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Algonquin Forestry Authority Act

1 Section 10 of the Algonquin Forestry Authority Act is amended by adding the following subsection:

Prohibition, real property

(3)  Despite subsections (1) and (2), the Authority shall not acquire or dispose of a freehold interest in real property without the approval of the Minister.

Centennial Centre of Science and Technology Act

2 Section 7 of the Centennial Centre of Science and Technology Act is amended by adding the following subsection:

Limitation, real property

(2.1)  Subsection (2) is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.

Connecting Care Act, 2019

3 Subsection 7 (1) of the Connecting Care Act, 2019 is repealed and the following substituted:

General powers

(1)  Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Agency has the capacity, rights and powers of a natural person for carrying out its objects.

McMichael Canadian Art Collection Act

4 (1)  Clauses 7 (2) (a) and (b) of the McMichael Canadian Art Collection Act are repealed and the following substituted:

  (a)  subject to clause (b), acquire, hold, maintain, use or dispose of property;

  (b)  with the approval of the Lieutenant Governor in Council,

          (i)  erect buildings and structures on lands that are not owned by the Corporation, and

         (ii)  acquire a freehold interest in real property;

(2)  Section 7 of the Act is amended by adding the following subsection:

Prohibition, real property dispositions

(5)  Despite clause (2) (a), the Corporation shall not dispose of a freehold interest in real property.

Metropolitan Toronto Convention Centre Corporation Act

5 Section 6 of the Metropolitan Toronto Convention Centre Corporation Act is amended by adding the following subsection:

Prohibition, real property

(3)  Despite clauses (2) (c) and (c.1), the Corporation shall not acquire or dispose of a freehold interest in real property.

Niagara Escarpment Planning and Development Act

6 Section 5 of the Niagara Escarpment Planning and Development Act is amended by adding the following subsection:

Limitation, real property

(14)  The Commission’s capacity, rights, powers and privileges are subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.

Ontario Agency for Health Protection and Promotion Act, 2007

7 Subsection 7 (1) of the Ontario Agency for Health Protection and Promotion Act, 2007 is repealed and the following substituted:

Powers

(1)  Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Corporation has the capacity, rights and powers of a natural person for carrying out its objects.

Ottawa Convention Centre Corporation Act

8 Section 6 of the Ottawa Convention Centre Corporation Act is amended by adding the following subsection:

Prohibition, real property

(3)  Despite clauses (2) (c) and (c.1), the Centre shall not acquire or dispose of a freehold interest in real property.

Royal Ontario Museum Act

9 Section 8 of the Royal Ontario Museum Act is amended by adding the following subsections:

Restriction, acquisition of real property

(2)  Despite subsection (1), the Museum shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council.

Restriction, disposal of real property

(3)  Despite subsection (1), the Museum shall not dispose of a freehold interest in real property except,

  (a)  with the approval of the Lieutenant Governor in Council; and,

  (b)  where regulations have been made under subsection (4), in compliance with those regulations.

Regulations

(4)  The Lieutenant Governor in Council may make regulations governing the disposal of freehold interests in property by the Museum, including setting conditions that must be met before the disposal may take place.

Science North Act

10 Section 7 of the Science North Act is amended by adding the following subsections:

Restriction, real property

(4)  Despite subsection (2), the Board and the Centre shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council.

Prohibition, real property

(5)  Despite subsection (2), the Board and the Centre shall not dispose of a freehold interest in real property.

Bill 135 (Convenient Care at Home Act, 2023)

11 (1)  This section applies only if Bill 135 (Convenient Care at Home Act, 2023), introduced on October 4, 2023, receives Royal Assent.

(2)  References in this section to provisions of Bill 135 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  On the later of the day this subsection comes into force and the day section 9 of Bill 135 comes into force, subsection 27.8 (1) of the Connecting Care Act, 2019, as enacted by the Bill, is repealed and the following substituted:

General powers

(1)  Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Service Organization has the capacity, rights and powers of a natural person for carrying out its objects.

Commencement

12 This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

13 The short title of this Act is the Improving Real Estate Management Act, 2024.

EXPLANATORY NOTE

Various statutes are amended with respect to the acquisition or disposal of real estate.

The Algonquin Forestry Authority Act is amended to provide that the Authority under that Act shall not acquire or dispose of a freehold interest in real property without the approval of the Minister of Natural Resources and Forestry.

The McMichael Canadian Art Collection Act is amended to provide that the Corporation under that Act may acquire a freehold interest in real property with the approval of the Lieutenant Governor in Council, and shall not dispose of a freehold interest in real property.

The Metropolitan Toronto Convention Centre Corporation Act is amended to provide that the Corporation under that Act shall not acquire or dispose of a freehold interest in real property.

The Ottawa Convention Centre Corporation Act is amended to provide that the Centre under that Act shall not acquire or dispose of a freehold interest in real property.

The Royal Ontario Museum Act is amended to provide that the Museum shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council. The Museum shall not dispose of a freehold interest in real property except with the approval of the Lieutenant Governor in Council and, if regulations have been made by the Lieutenant Governor in Council, in compliance with those regulations.

The Science North Act is amended to provide that the Centre and the Board under that Act shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council, and shall not dispose of a freehold interest in real property.

Amendments are also made to the following four statutes so that the ability of certain entities to hold interests in land, buildings and structures is subject to limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011:

   1.  Centennial Centre of Science and Technology Act.

   2.  Connecting Care Act, 2019.

   3.  Niagara Escarpment Planning and Development Act.

   4.  Ontario Agency for Health Protection and Promotion Act, 2007.

Bill 151 2023

An Act to amend various statutes regarding infrastructure

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Algonquin Forestry Authority Act

1 Section 10 of the Algonquin Forestry Authority Act is amended by adding the following subsection:

Prohibition, real property

(3)  Despite subsections (1) and (2), the Authority shall not acquire or dispose of a freehold interest in real property without the approval of the Minister.

Centennial Centre of Science and Technology Act

2 Section 7 of the Centennial Centre of Science and Technology Act is amended by adding the following subsection:

Limitation, real property

(2.1)  Subsection (2) is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.

Connecting Care Act, 2019

3 Subsection 7 (1) of the Connecting Care Act, 2019 is repealed and the following substituted:

General powers

(1)  Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Agency has the capacity, rights and powers of a natural person for carrying out its objects.

McMichael Canadian Art Collection Act

4 (1)  Clauses 7 (2) (a) and (b) of the McMichael Canadian Art Collection Act are repealed and the following substituted:

  (a)  subject to clause (b), acquire, hold, maintain, use or dispose of property;

  (b)  with the approval of the Lieutenant Governor in Council,

          (i)  erect buildings and structures on lands that are not owned by the Corporation, and

         (ii)  acquire a freehold interest in real property;

(2)  Section 7 of the Act is amended by adding the following subsection:

Prohibition, real property dispositions

(5)  Despite clause (2) (a), the Corporation shall not dispose of a freehold interest in real property.

Metropolitan Toronto Convention Centre Corporation Act

5 Section 6 of the Metropolitan Toronto Convention Centre Corporation Act is amended by adding the following subsection:

Prohibition, real property

(3)  Despite clauses (2) (c) and (c.1), the Corporation shall not acquire or dispose of a freehold interest in real property.

Niagara Escarpment Planning and Development Act

6 Section 5 of the Niagara Escarpment Planning and Development Act is amended by adding the following subsection:

Limitation, real property

(14)  The Commission’s capacity, rights, powers and privileges are subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011.

Ontario Agency for Health Protection and Promotion Act, 2007

7 Subsection 7 (1) of the Ontario Agency for Health Protection and Promotion Act, 2007 is repealed and the following substituted:

Powers

(1)  Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Corporation has the capacity, rights and powers of a natural person for carrying out its objects.

Ottawa Convention Centre Corporation Act

8 Section 6 of the Ottawa Convention Centre Corporation Act is amended by adding the following subsection:

Prohibition, real property

(3)  Despite clauses (2) (c) and (c.1), the Centre shall not acquire or dispose of a freehold interest in real property.

Royal Ontario Museum Act

9 Section 8 of the Royal Ontario Museum Act is amended by adding the following subsections:

Restriction, acquisition of real property

(2)  Despite subsection (1), the Museum shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council.

Restriction, disposal of real property

(3)  Despite subsection (1), the Museum shall not dispose of a freehold interest in real property except,

  (a)  with the approval of the Lieutenant Governor in Council; and,

  (b)  where regulations have been made under subsection (4), in compliance with those regulations.

Regulations

(4)  The Lieutenant Governor in Council may make regulations governing the disposal of freehold interests in property by the Museum, including setting conditions that must be met before the disposal may take place.

Science North Act

10 Section 7 of the Science North Act is amended by adding the following subsections:

Restriction, real property

(4)  Despite subsection (2), the Board and the Centre shall not acquire a freehold interest in real property without the approval of the Lieutenant Governor in Council.

Prohibition, real property

(5)  Despite subsection (2), the Board and the Centre shall not dispose of a freehold interest in real property.

Bill 135 (Convenient Care at Home Act, 2023)

11 (1)  This section applies only if Bill 135 (Convenient Care at Home Act, 2023), introduced on October 4, 2023, receives Royal Assent.

(2)  References in this section to provisions of Bill 135 are references to those provisions as they were numbered in the first reading version of the Bill.

(3)  On the later of the day this subsection comes into force and the day section 9 of Bill 135 comes into force, subsection 27.8 (1) of the Connecting Care Act, 2019, as enacted by the Bill, is repealed and the following substituted:

General powers

(1)  Except as limited by this Act and by section 11.0.1 of the Ministry of Infrastructure Act, 2011, the Service Organization has the capacity, rights and powers of a natural person for carrying out its objects.

Commencement

12 This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

13 The short title of this Act is the Improving Real Estate Management Act, 2023.