PART VI BOARDS
Dealings with property
195 (1) Subject to subsections (1.1) and (1.2), and to the provisions of section 90 as to the approval of the site of a new school by a rural separate school board, every board may select and may acquire, by purchase, lease or otherwise, or may expropriate, a school site or any other land that is within its area of jurisdiction. 2019, c. 9, Sched. 4, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 195 (1) of the Act is amended by striking out “(1.1) and (1.2)” and substituting “(1.1), (1.2) and (1.5)”. (See: 2023, c. 11, Sched. 2, s. 20 (1)) Notice of intent to acquire (1.1) Before a board acquires or applies for an approval to expropriate a school site or any other land under subsection (1), the board shall give notice to the Minister, within the prescribed time period and in the manner and form specified by the Minister, of the board’s intent to acquire or apply to expropriate the land. 2019, c. 9, Sched. 4, s. 1. Minister’s response (1.2) If the Minister notifies the board, within the prescribed time period, that the proposed acquisition or application to expropriate referred to in subsection (1.1) shall not proceed, the board shall not proceed with the acquisition or the application to expropriate. 2019, c. 9, Sched. 4, s. 1. Same (1.3) If the Minister does not notify the board under subsection (1.2) that the proposed acquisition or application to expropriate referred to in subsection (1.1) shall not proceed, the board may proceed with the acquisition or the application to expropriate. 2019, c. 9, Sched. 4, s. 1. Regulations (1.4) The Minister may make regulations prescribing the time periods referred to in subsections (1.1) and (1.2). 2019, c. 9, Sched. 4, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, section 195 of the Act is amended by adding the following subsections: (See: 2023, c. 11, Sched. 2, s. 20 (2)) Shared use of site (1.5) Where a board plans to acquire a school site for pupil accommodation and the site will not be occupied or used exclusively by the board, or exclusively with another board, municipality, child care centre or other prescribed entity, the board shall do so in accordance with any regulations. 2023, c. 11, Sched. 2, s. 20 (2). Regulations (1.6) The Minister may make regulations governing the acquisition of a school site referred to in subsection (1.5), including regulations providing that an acquisition is subject to the Minister’s approval, and prescribing entities for the purposes of that subsection. 2023, c. 11, Sched. 2, s. 20 (2). Purchase or lease of site in adjoining jurisdiction (2) A public board may, with the approval of the Minister, acquire by purchase, lease or otherwise a school site in an adjoining school section or secondary school district, as the case may be, for the purpose of operating a school thereon, but the board shall not expropriate any such site.  R.S.O. 1990, c. E.2, s. 195 (2); 1997, c. 31, s. 101 (2). School outside designated area (3) A separate district school board may, with the approval of the Minister, acquire by purchase, lease or otherwise, a school site that is outside the area of jurisdiction established in respect of the board by regulation made under subsection 58.1 (2) and may operate a separate school on the site, but a separate district school board shall not expropriate such a site.  1997, c. 31, s. 101 (3). Buildings on land owned by board (4) Subject to section 196 or subsection 197 (1), a board may erect, add to or alter buildings for its purposes on land owned by the board.  R.S.O. 1990, c. E.2, s. 195 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 195 (4) of the Act is amended by striking out “Subject to section 196 or subsection 197 (1)” at the beginning and substituting “Subject to subsections 195 (1.5) and 197 (1)”. (See: 2023, c. 11, Sched. 2, s. 20 (3)) Buildings on leased land (5) A board may erect a school building on land that is leased by the board where the term of the lease, the school site and the plans of the school building are approved by the Minister.  R.S.O. 1990, c. E.2, s. 195 (5). Additions or alterations (6) A board may, with the approval of the Minister, make an addition, alteration or improvement to a school building that is acquired by the board under a lease.  R.S.O. 1990, c. E.2, s. 195 (6). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 101 (1-3) - 01/01/1998; 1997, c. 31, s. 101 (4) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2019, c. 9, Sched. 4, s. 1 - 06/06/2019 2023, c. 11, Sched. 2, s. 20 (1-3) - not in force Note: On December 31, 2023 or on an earlier day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 11, Sched. 2, s. 21) Joint use of schools 195.1 (1) The Minister may direct two or more boards to enter into an arrangement with each other for the joint construction, ownership, control, management, maintenance, operation, location or use of a school site, part of a school site or other property of a board. 2023, c. 11, Sched. 2, s. 21. Regulations (2) The Minister may make regulations governing the arrangements referred to in subsection (1). 2023, c. 11, Sched. 2, s. 21. Section Amendments with date in force (d/m/y) 2023, c. 11, Sched. 2, s. 21 - 31/12/2023