Administrative Procedure 519

SURPLUS LAND AND BUILDINGS

Background

When land and buildings become surplus to needs, the Division shall arrange for the effective disposal of these items.

Definition

Real property is property that includes land and buildings, and anything affixed to the land.

Procedures

  1. The Division shall 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. The following criteria shall be used to determine whether interest in a school reserve, municipal and school reserve, or municipal reserve is surplus to the Division’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;
      Whether a school on the school reserve, municipal and school reserve, or municipal reserve is included in the
    3. Division’s Capital Plan;
    4. Consultation with other school jurisdictions with respect to their needs for the school reserve, municipal and school reserve, or municipal reserve; and/or
    5. Any other criteria deemed necessary.
       
  3. Disposing of surplus land and buildings requires the approval of the Board.
    1. If the Board intends to sell real property that has a value of more than fifty thousand dollars ($50,000.00), the Board shall conduct the sale in accordance with Section 9 of the Disposition of Property Regulation.
    2. f the Board sells real property, the Board shall repay all outstanding debt relating to that real property, and any proceeds remaining shall be distributed as prescribed in Section 10 of the Disposition of Property Regulation.
    3. 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 Division’s needs, the Board shall provide the Minister with a declaration to that effect.
       
  4. Where interest in a school reserve, municipal and school reserve, or municipal reserve is determined to be surplus, the Board shall 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 Section 672 of the Municipal Government Act.

  5. Notwithstanding section 200(2) of the School Act, the Division may, without the 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 twelve (12) months; or
    3. Lease a school building or portion of it for twelve (12) months or more if the lease contains a termination provision allowing the Division to terminate the lease on twelve (12) months notice.
       

Reference

Section 33,52,53,68,143,192,194,222 Education Act

Municipal Government Act

Disposition of Property Regulation 181/2010


Approved: August 21, 2018