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FLA Surplus Land and Buildings

Adopted: December 27, 2014

Policy

The Board believes that when land and buildings become surplus to needs, the Board should arrange for the effective disposal of these items.

Guidelines

  1. The Board should dispose of land and buildings in the best interest of the students of the Division and the community, pursuant to existing government legislation and regulation.
  2. Disposing of surplus land and buildings requires the approval of the Board of Trustees.
  3. The following criteria will be used to determine whether interest in a school reserve, municipal and school reserve or municipal reserve is surplus to the board’s need;
    1. Enrolment trends within the area intended to be served by the school reserve, municipal and school reserve or municipal reserve,
    2. Student accommodation and transportation issues,
    3. Whether a school on the school reserve, municipal and school reserve or municipal reserve is included in the board’s capital plan,
    4. Consultation with other boards with respect to their needs for the school reserve, municipal and school reserve or municipal reserve, or
    5. Any other criteria the board considers necessary.
  4. If the board is of the opinion that a school reserve, municipal and school reserve or municipal reserve in which the board has an interest is surplus to the board’s needs, the board must provide the Minister with a declaration to that effect.
  5. Where interest in a school reserve, municipal and school reserve or municipal reserve is determined to be surplus, the board will transfer its interest in the land to the municipality where the reserve land is located, for consideration mutually agreed upon between the board and the municipality, as prescribed in the section 672 of the Municipal Government Act.
  6. Notwithstanding section 200(2) of the School Act, the board may, without approval of the Minister;
    1. Lease any real property that is neither a school building nor a portion of a school building,
    2. Lease a school building or portion of it for less than 12 months, and
    3. Lease a school building or portion of it for 12 months or more if the lease contains a termination provision allowing the board to terminate the lease on 12 month notice
  7. If the board intends to sell real property that has a value of more than $50,000, the board must conduct the sale in accordance with Section 9 of the Disposition of Property Regulation, School Act.
  8. If the board sells real property, the board must repay all outstanding debt relating to that real property and any proceeds remaining must be distributed as prescribed in Section 10 of the Disposition of Property Regulation, School Act.

References

Legal Reference:

Disposition of Property Regulation, School Act

Municipal Government Act, section 672

 

Cross Reference:

FL, Closure of Facilities and Programs

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