DISPOSAL OF LAND &/OR IMPROVEMENTS

Background

The Secretary Treasurer is authorized to act on behalf of the District and to enter into agreements on behalf of the District with respect to the disposition of property, except that any disposition and any determination that the property is no longer required for future educational purposes must be made by the Board.

The District will engage in community consultation prior to the disposal of real property.

Procedures

1. It is the responsibility of the Board, by bylaw, to determine whether property is not required for future educational purposes.
2. The District may, subject to the terms of this Administrative Procedure, and the requirements of the School Act, Regulations, and Ministerial Orders, dispose of any property that is not required for future educational purposes.
3. The District may, dispose of property in a manner permitted by the School Act and Ministerial Orders, including:
   1. By sale, transfer in fee simple or lease of ten years or more to another Board or independent school for educational purposes;
   2. By lease, other than a lease of ten years or more, if such disposition is to an agency or organization for an alternative community use; or,
   3. On such terms as the Minister may approve.
4. Nothing in this Administrative Procedure shall in any way be construed as limiting the authority of the Secretary Treasurer, which is hereby granted, to enter into license agreements authorizing the use by third parties of District property.
5. The District shall engage in public consultation before making a final decision regarding the permanent disposition of a District property.  Once the Board has approved in principle the disposition of a property, the District may offer the property for public sale on the terms the District proposes.
6. For a sale or lease over 10 years, the Board will undertake consultation on the disposal:
   1. A committee will be appointed for a period of consultation of not less than five months:
      1. The committee may include:
         1. the Superintendent;
         2. the Secretary Treasurer;
         3. up to three members of the Board of Education;
         4. council and staff representatives of the local municipality;
         5. citizen/neighbour representatives;
         6. others as appropriate.
   2. The committee’s terms of reference will include:
      1. analysis of information gathered and feedback from public meetings or surveys including neighbourhood and municipal input;
      2. preparation of a final report that includes recommendations to the Board.
7. Except for disposals to the Conseil Scolaire Francophone or other Boards or to an independent school, fee simple sales and long-term leases will be conducted through a process that enables the community to know when the property is being offered for sale or long term lease and provides an opportunity for members of the public to acquire the property. The District may authorize other specific exceptions to this requirement on terms that in the District’s opinion reflect fair market value, including, without limitation, a disposal:
   1. To a non-profit organization, public authority, government organization or community agency, for educational or community use;
   2. As part of an exchange of land or improvements;
   3. That is a further long-term lease to an existing tenant; or,
   4. To an owner of adjoining land for the purpose of consolidating the adjoining land.
8. If a property is to be offered for sale, then:
   1. The Secretary Treasurer will determine whether a legal survey plan for the property exists and if not, will determine whether it is necessary to commission one; and,
   2. The Secretary Treasurer, may, if appropriate, obtain the most recent property assessment for the property and arrange for an independent appraisal of the property to be obtained from a qualified real estate appraisal firm.
9. If a property is to be offered to the public for permanent disposition, the Secretary Treasurer may advertise the proposed disposal in local and provincial media, including the following:
   1. A description of the property;
   2. The nature and, if applicable, the term of the proposed disposal; and,
   3. The process by which the property may be acquired.
10. Upon completion of the disposal of a property, the Board shall, in accordance with Ministerial Order 193/08, without delay provide the Minister with:
    1. A copy of the Bylaw referred to in Section 1 of this Administrative Procedure; and,
    2. Written notification of the disposition and allocation of the proceeds as required in section 100(2) of the School Act, if necessary.