Surplus real property, definitions
193.(1)In this section, “local board” means a local board as defined in the Municipal Affairs Act, but does not include a school board as defined in section 210.1; (“conseil local”) “sale” includes a lease of 21 years or longer. (“vente”) By-laws establishing procedures (2)Subject to subsection (3), every council and local board with authority to sell or otherwise dispose of real property shall by by-law establish procedures, including the giving of notice to the public, governing the sale of real property. Contents (3)A procedure by-law passed under subsection (2) may, (a) establish different procedures for different classes of real property; and (b) incorporate a procedure for the sale of real property of a council or local board required by this or any other Act. Conditions (4)Before selling any real property, every council and local board shall, (a) by by-law or resolution passed at a meeting open to the public declare the real property to be surplus; (b) obtain at least one appraisal of the fair market value of the real property; and (c) give notice to the public of the proposed sale. No review (5)The manner in which the council or local board carries out the sale of its property, if consistent with the procedures by-law and this section, is not open to question or review by any court if the council may lawfully sell the property, the purchaser may lawfully buy it and the council acted in good faith. Regulations (6)The Minister may make regulations, (a) prescribing classes of real property for which an appraisal under clause (4) (b) or a listing in the public register under subsection (7) is not required; (b) prescribing public bodies or classes of them for which an appraisal is not required for a sale of real property under this section. Register (7)Every council and local board shall establish and maintain a public register listing and describing the real property owned or leased by the municipality or local board. Non-application (8)Subsections (4), (6) and (7) do not apply to a sale or other disposition of land under subsection 210.1 (2). Certificate (9)The clerk of a municipality or the secretary of a local board may issue a certificate with respect to a sale of real property by the municipality or local board verifying that to the best of his or her knowledge and belief, (a) a procedural by-law required under subsection (2) was in force in the municipality or local board at the time the resolution required by this section was passed; (b) the measures required for giving notice to the public required by the procedural by-law have been carried out; and (c) the appraisal required by this section was obtained or, (i) the property is of a prescribed class that does not require an appraisal, (ii) the sale is to a prescribed public body, or (iii) the sale is under section 210.1. Effect (10)A certificate under subsection (9) shall be included in a deed or transfer of land and, unless a person to whom the real property is sold has notice to the contrary, shall be deemed to be sufficient proof that this section has been complied with. 1994, c. 23, s. 55. Note: If an agreement was entered into for the sale of land under section 193 before January 1, 1995, the sale may be continued and dealt with under section 193 as it read before January 1, 1995. See: 1994, c. 23, s. 59 (2).