Ministry of Infrastructure Act, 2011

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 mu…

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 grea…

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); 2…

7 (1) The Minister or, subject to the direction and control of the Minister, the Deputy Minister, shall, (a) review matters relating to infrastructure and to Government property on a continuing basis with regard to Ontario’s short-term and long-term goals and needs in respect of infrastructure and Government property; (b) advise and assist the Government in its dealings with other governments regarding infrastructure matters and growth management; (c) make recommendations, establish policies and undertake programs for the purposes of growth plans and growth management in support of strong communities; (d) make recommendations for the effective co-ordination and development, within Government, of infrastructure and Government property; (e) make recommendations regarding priorities for infrastructure and Government property; (f) establish policies relating to infrastructure and Government …

7.1 Repealed: 2025, c. 9, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 20, s. 4 (1) - 21/07/2020; 2020, c. 35, Sched. 3, s. 3 - 08/12/2020 2021, c. 34, Sched. 13, s. 1 - 02/12/2021 2025, c. 9, Sched. 6, s. 1 - 05/06/2025

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

9 (1) For the purposes of exercising the responsibilities and authorities set out in section 7, the Minister may acquire, by purchase, lease or otherwise, for the use or purposes of the Government, land, buildings and structures, or interests in land, buildings and structures. 2015, c. 38, Sched. 7, s. 51 (13). Acquiring property on request (2) If requested by the Government or by a public sector organization, the Minister may acquire, by purchase, lease or otherwise, for the use or purposes of the Government or the public sector organization, land, buildings and structures, or interests in land, buildings and structures. 2015, c. 38, Sched. 7, s. 51 (13). Holding Government property (3) The Minister may hold Government property for the use or purposes of, (a) the Government, if the property was acquired for the purposes mentioned in subsection (1); or (b) the Government or the public se…

9.1 The Minister shall establish, within the ministry, a centre of realty excellence to carry out the following functions: 1. Develop and implement a co-ordinated and consistent approach to, i. identifying and putting back into productive use Government property that is underutilized, and ii. identifying and disposing of Government property that is no longer required for the use or purposes of the Government. 2. Ensure that, to the extent possible, Government property is utilized in a manner that is aligned with the recommendations regarding priorities for Government property made under clause 7 (1) (e). 3. Such other functions related to Government property as the Minister may direct. 2022, c. 2, Sched. 11, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 2, Sched. 11, s. 1 - not in force

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 organizat…

10.1 (1) The Minister may issue directives, in writing, directing a municipality or its municipal agencies to provide the Minister or Ontario Infrastructure and Lands Corporation with information and data, as well as copies of any contracts, records, reports, surveys, plans and any other document that, in the Minister’s opinion, may be required to support the development or implementation of a project funded, in whole or in part, by the Government and the municipality or its municipal agencies shall comply with the directive. 2025, c. 9, Sched. 6, s. 2. Definition (2) In this section, “municipal agencies”, in relation to a municipality, means, (a) every local board as defined in subsection 1 (1) of the Municipal Act, 2001, (b) every local board as defined in subsection 3 (1) of the City of Toronto Act, 2006, including, for greater certainty, the Toronto Transit Commission, (c) every corp…

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 Prescribed entities not to hold interests in land, etc.

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 in…

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, perso…

13 (1) In this section, “government public utility” means a public utility owned and operated by the Crown as represented by the Minister; (“service public gouvernemental”) “government public utility easement” means an easement of the Crown as represented by the Minister in respect of a government public utility; (“servitude de service public gouvernemental”) “public utility” means a water works or water supply system, sewage works, steam or hot water distribution system, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system, or a transportation system. (“service public”) 2011, c. 9, Sched. 27, s. 13 (1). Registry Act does not apply (2) Part III of the Registry Act does not apply to a claim of a person in respect of a part of a government public utility constructed on land before June 21, 1990 …

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 Repealed: 2025, c. 9, Sched. 6, s. 3. 3. Subs…

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).

21 The Lieutenant Governor in Council may make regulations prescribing persons and entities as public sector organizations for the purpose of clause (g) of the definition of “public sector organization” in section 1. 2011, c. 9, Sched. 27, s. 21. Regulations, s. 11.0.1

22 (1) The Minister may make regulations, (a) prescribing entities for the purposes of section 11.0.1; (b) prescribing exceptions, conditions, limitations or restrictions in connection with section 11.0.1; (c) clarifying the meaning of a term used in or in connection with section 11.0.1 that is not defined in this Act; (d) governing agreements with respect to interests described in section 11.0.1, including, without limitation, (i) deeming specified terms or conditions to be or not to be included in an agreement, (ii) requiring the parties to an agreement to include specified terms or conditions in the agreement, (iii) prohibiting an agreement from including specified terms or conditions, (iv) negating or limiting the liability of the Crown or an officer, employee or agent of the Crown, or any other specified person or entity, in respect of an agreement; (e) governing transitional matter…

23-41 Omitted (amends, repeals or revokes other legislation). 2011, c. 9, Sched. 27, ss. 23-41.

42 Omitted (provides for coming into force of provisions of this Act). 2011, c. 9, Sched. 27, s. 42.

43 Omitted (enacts short title of this Act). 2011, c. 9, Sched. 27, s. 43. ______________