Regulation - LGIC
Centralization of Broader Real Estate Authority (CBREA) Proposed Regulatory Amendments
Regulation Number(s):
Amending Ontario Regulations 618/98, 672/00, 336/06, 4/22
Instrument Type:
Regulation - LGIC
Bill or Act:
Reducing Inefficiencies Act (Infrastructure Statute Law Amendments), 2023 (formerly Bill 69) which received Royal Assent in May 2023.
Summary of Proposal:
The Ontario Government's real estate portfolio is one of the largest in Canada. Accountability is highly distributed across numerous entities and ministries. The government is working towards a holistic approach for the management and decision making of real estate.
A holistic approach would allow the province to improve the maintenance and management of real estate, resulting in long-term efficiencies, improved economic growth, and, most importantly, saving taxpayers' money. Moving forward, it would also reduce duplication and help identify real estate that could be used for projects that people in Ontario need the most, such as affordable housing and long-term care projects.
Phase 1 of the CBREA initiative focuses on 14 entities that primarily hold/use office space that can leverage the Ministry of Infrastructure's existing model to use office space more efficiently. The regulatory amendments are proposed following the Reducing Inefficiencies Act (Infrastructure Statute Law Amendments), 2023 (formerly Bill 69) which received Royal Assent in May 2023.
The proposed regulatory amendments would, if approved, amend the following four LGIC regulations associated with four entities that have the ability to control real property set out in regulation:
Ontario Tourism Marketing Partnership Corporation (O. Reg. 618/98)
Ontario Media Development Corporation (O. Reg. 672/00)
Higher Education Quality Council of Ontario (O. Reg. 336/06)
Intellectual Property Ontario (O. Reg. 4/22)
If the proposed amendments to four LGIC regulations are approved and come into force, and a regulation is made prescribing the four entities for the purposes of the proposed new section 11.0.1 of the MOI Act, it would make the authority of the four entities to deal with real property subject to any limits imposed by section 11.0.1 of the MOI Act. This would remove and/or modify the realty authority of these four entities under Phase 1 of the CBREA initiative and provide the Minister of Infrastructure with control of real property previously under the control of the entities. Several minor technical housekeeping amendments are also proposed.
Amending these regulations would further address the Auditor General's recommendations and other third-party reports that have identified opportunities for the province to deliver the real estate portfolio more efficiently through several initiatives, including centralizing realty authority and decision-making.
A holistic approach would allow the province to improve the maintenance and management of real estate, resulting in long-term efficiencies, improved economic growth, and, most importantly, saving taxpayers' money. Moving forward, it would also reduce duplication and help identify real estate that could be used for projects that people in Ontario need the most, such as affordable housing and long-term care projects.
Phase 1 of the CBREA initiative focuses on 14 entities that primarily hold/use office space that can leverage the Ministry of Infrastructure's existing model to use office space more efficiently. The regulatory amendments are proposed following the Reducing Inefficiencies Act (Infrastructure Statute Law Amendments), 2023 (formerly Bill 69) which received Royal Assent in May 2023.
The proposed regulatory amendments would, if approved, amend the following four LGIC regulations associated with four entities that have the ability to control real property set out in regulation:
Ontario Tourism Marketing Partnership Corporation (O. Reg. 618/98)
Ontario Media Development Corporation (O. Reg. 672/00)
Higher Education Quality Council of Ontario (O. Reg. 336/06)
Intellectual Property Ontario (O. Reg. 4/22)
If the proposed amendments to four LGIC regulations are approved and come into force, and a regulation is made prescribing the four entities for the purposes of the proposed new section 11.0.1 of the MOI Act, it would make the authority of the four entities to deal with real property subject to any limits imposed by section 11.0.1 of the MOI Act. This would remove and/or modify the realty authority of these four entities under Phase 1 of the CBREA initiative and provide the Minister of Infrastructure with control of real property previously under the control of the entities. Several minor technical housekeeping amendments are also proposed.
Amending these regulations would further address the Auditor General's recommendations and other third-party reports that have identified opportunities for the province to deliver the real estate portfolio more efficiently through several initiatives, including centralizing realty authority and decision-making.
Analysis of Regulatory Impact:
If the proposed regulatory amendments are approved and come into force, and a regulation is made prescribing entities for the purposes of the proposed new section 11.0.1 of the MOI Act, the Ministry of Infrastructure plans to assume the leases between any prescribed entities and the applicable for-profit business (i.e., third-party landlords that are parties to the leases). This would not place any new additional compliance or administrative burden on regulated entities, including for-profit businesses (i.e., third party landlords).
Further Information:
Proposal Number:
23-MOI010
Posting Date:
December 15, 2023
Comments Due Date:
February 2, 2024
Contact Address:
Ministry of Infrastructure, Realty Policy Branch, 777 Bay Street, 2nd Floor, Toronto, Ontario, M7A 2J3