PART VI BOARDS
Dealings with property
194 (1) A board that is in possession of real property that was originally granted by the Crown for school purposes and that has reverted or may have reverted to the Crown may continue in possession of the real property for school purposes and when the board determines that the real property is no longer required for school purposes, the board may, with the approval of the Lieutenant Governor in Council and subject to such conditions as are prescribed by the Lieutenant Governor in Council, sell, lease or otherwise dispose of the real property.  R.S.O. 1990, c. E.2, s. 194 (1). Application for removal of restrictions on use of school lands (2) Where land, the use of which is restricted by deed in any manner to school purposes so as to appear that some other person may have an interest therein, has been vested in a board for at least fifty years, the board may apply to the Superior Court of Justice to remove the restriction, and the court may make such order on the application as it considers just including, where the land adjoins land being used as a farm, a requirement that the board shall, where the board intends to sell the land, first offer it at a reasonable price to the owner or owners of such adjoining land.  R.S.O. 1990, c. E.2, s. 194 (2); 2000, c. 11, s. 21. Lease or sale of site or property (3) Subject to subsections (3.3) and (4), a board has power to sell, lease or otherwise dispose of any school site or part of a school site of the board or any property of the board, (a) on the adoption of a resolution that the site or part or property is not required for the purposes of the board; or (b) on the adoption of a resolution that the sale, lease or other disposition is a reasonable step in a plan to provide accommodation for pupils on the site or part or property.  1997, c. 31, s. 100 (1); 2002, c. 18, Sched. G, s. 7 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (3) of the Act is repealed and the following substituted: (See: 2023, c. 11, Sched. 2, s. 19) Power to dispose of site or property (3) A board may sell, lease or otherwise dispose of a school site, part of a school site or other property of the board in the circumstances prescribed by the regulations. 2023, c. 11, Sched. 2, s. 19. Application of proceeds (3.1) The board shall apply the proceeds of a sale, lease or other disposition under subsection (3) for the purposes of the board and shall advise the Minister of the sale or disposition or of the lease, where the term of the lease exceeds one year, of any of its schools.  1997, c. 31, s. 100 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (3.1) of the Act is repealed. (See: 2023, c. 11, Sched. 2, s. 19) Conflict (3.2) In the event of a conflict between subsection (3.1) and a regulation referred to in clause (3.4) (c), the regulation prevails.  1997, c. 31, s. 100 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (3.2) of the Act is repealed. (See: 2023, c. 11, Sched. 2, s. 19) Regulations (3.3) The Minister may make regulations governing the sale, lease or other disposition of school sites or parts of school sites or property to which resolutions referred to in clause (3) (a) apply.  1997, c. 31, s. 100 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (3.3) of the Act is repealed. (See: 2023, c. 11, Sched. 2, s. 19) Same (3.4) Regulations that may be made under subsection (3.3) include but are not limited to regulations, (a) respecting to whom school sites or parts of school sites or property must be offered; (b) respecting the price or other consideration for a disposition or class of dispositions; (c) respecting the use of the proceeds of a disposition or class of dispositions; (d) respecting the purposes for which school sites or parts of school sites or property that is disposed of to other boards must be used by the transferee board; (e) requiring a transferee board to return a school site or part of a school site or property to the transferor board if no longer used for the purposes referred to in clause (d); (f) respecting the price or other consideration for a return or class of returns required under clause (e).  1997, c. 31, s. 100 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (3.4) of the Act is repealed. (See: 2023, c. 11, Sched. 2, s. 19) General or particular (3.5) A regulation made under this section may be general or particular and may be made to apply to any class of boards.  1997, c. 31, s. 100 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (3.5) of the Act is repealed. (See: 2023, c. 11, Sched. 2, s. 19) Classes (3.6) A class may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes.  1997, c. 31, s. 100 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (3.6) of the Act is repealed. (See: 2023, c. 11, Sched. 2, s. 19) Approval of Minister re disposition, demolition (4) Despite any provision of this or any other Act, a board shall not sell, lease or otherwise dispose of a school site, part of a school site or property or demolish a building unless, in addition to any other approval that may be required, the board has obtained the approval of the Minister.  2002, c. 18, Sched. G, s. 7 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (4) of the Act is repealed and the following substituted: (See: 2023, c. 11, Sched. 2, s. 19) Exception (4) Subsection (3) does not apply in respect of real property described in subsection (1). 2023, c. 11, Sched. 2, s. 19. (4.1) Repealed:  2002, c. 18, Sched. G, s. 7 (3). Exceptions (5) Subsection (4) does not apply, (a) in respect of a school site, part of a school site or property to which a resolution referred to in clause (3) (a) applies; (b) to the use of a building or part thereof pursuant to an agreement under section 183; or (c) to the use of a building or part of a building for a purpose that does not interfere with the proper conduct of a school, if the building or part of the building is in use as a school.  2002, c. 18, Sched. G, s. 7 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 194 (5) of the Act is repealed and the following substituted: (See: 2023, c. 11, Sched. 2, s. 19) Requirement to dispose of site or property (5) A board shall sell, lease or otherwise dispose of a school site, part of a school site or other property of the board in the circumstances prescribed by the regulations. 2023, c. 11, Sched. 2, s. 19. Direction by Minister (6) The Minister may direct a board to sell, lease or otherwise dispose of a school site, part of a school site or other property of the board if it is not needed to meet the board’s current pupil accommodation needs or its pupil accommodation needs for the next 10 years, as determined in accordance with the regulations. 2023, c. 11, Sched. 2, s. 19. Conduct of sale, lease, disposition (7) A sale, lease or other disposition of a school site, part of a school site or other property of a board under this section shall be conducted in accordance with the regulations. 2023, c. 11, Sched. 2, s. 19. Notice or approval (8) In the circumstances prescribed by the regulations, a board shall give notice to the Minister of a sale, lease or other disposition of a school site, part of a school site or other property of a board under this section, or obtain the approval of the Minister for the sale, lease or other disposition. 2023, c. 11, Sched. 2, s. 19. Application of proceeds (9) The board shall apply the proceeds of a sale, lease or other disposition of a school site, part of a school site or other property of a board for the purposes of the board. 2023, c. 11, Sched. 2, s. 19. Regulations (10) The Minister may make regulations governing the sale, lease or other disposition of school sites, parts of school sites or other property of a board, including regulations, (a) prescribing the circumstances in which a board may make or shall make a sale, lease or disposition; (b) respecting the conduct of a sale, lease or disposition; (c) prescribing the circumstances in which a board shall give notice to the Minister of a sale, lease or disposition or obtain the approval of the Minister for the sale, lease or disposition; (d) respecting to whom school sites or parts of school sites or property may or must be offered; (e) respecting the price or other consideration for a disposition or class of dispositions; (f) respecting the use of the proceeds of a disposition or class of dispositions; (g) respecting the purposes for which school sites, parts of school sites or property that is disposed of to other boards must be used by the transferee board; (h) requiring a transferee board to return a school site or part of a school site or property to the transferor board if no longer used for the purposes referred to in clause (g); (i) respecting the price or other consideration for a return or class of returns required under clause (h). 2023, c. 11, Sched. 2, s. 19. Same (11) The Lieutenant Governor in Council may make regulations, (a) for the purposes of subsection (6), governing the circumstances when a school site, part of a school site or other property is not needed to meet a board’s current pupil accommodation needs or its pupil accommodation needs for the next 10 years, and authorizing the Minister to determine whether the circumstances exist; (b) providing for transitional matters that, in the Lieutenant Governor in Council’s opinion, are necessary or desirable in connection with the implementation of section 19 of Schedule 2 to the Better Schools and Student Outcomes Act, 2023. 2023, c. 11, Sched. 2, s. 19. Conflict with transitional regulations (12) In the event of a conflict between this Act or the regulations and a regulation made under clause (11) (b), the regulation made under clause (11) (b) prevails. 2023, c. 11, Sched. 2, s. 19. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 100 (1) - 01/01/1998 2000, c. 11, s. 21
- 23/06/2000 2002, c. 18, Sched. G, s. 7 (1-4) - 26/11/2002 2023, c. 11, Sched. 2, s. 19 - not in force Dealings with property