jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. (1) Subject to subsection (3), a board that has adopted a resolution under clause 194 (3) (a) of the Act that real property is not required for the purposes of the board may sell, lease or otherwise dispose of the property to a person referred to in subsection (2) if the purpose of that person in acquiring the property is to provide one or more of the services described in paragraphs 1 to 7 of subsection 5 (5) of the Development Charges Act, 1997.  O. Reg. 444/98, s. 1 (1). (2) The persons referred to in subsection (1) are: 1. The municipality in which the property is located. 2. Any local board of the municipality in which the property is located. 3. If the property is located in an upper-tier municipality, that upper-tier municipality. 4. If the property is located in an upper-tier municipality, any local board of that upper-tier municipality.  O. Reg. 444/98, s. 1 (2); O. Reg. 303/03, s. 1. (3) A sale, lease or other disposition under this section must be at fair market value.  O. Reg. 444/98, s. 1 (3).
1.0.1 A board that has adopted a resolution under clause 194 (3) (a) of the Act that real property is not required for the purposes of the board may lease the property to a person if the purpose of that person in acquiring the property is to occupy and use the property for the purposes of, (a) a child care centre within the meaning of the Child Care and Early Years Act, 2014; (b) a family support program as defined in subsection 3 (2) of Ontario Regulation 137/15 (General) made under the Child Care and Early Years Act, 2014; (c) a third party program; or (d) the provision of a children’s recreation program described in paragraph 8 of subsection 6 (1) of Ontario Regulation 138/15 (Funding, Cost Sharing and Financial Assistance) made under the Child Care and Early Years Act, 2014. O. Reg. 115/16, s. 1.
1.1 (1) A board may grant an easement over any of its real property if, (a) it has adopted a resolution under clause 194 (3) (a) of the Act that it does not require for its purposes the interest that the easement would create; (b) the grant of easement is for the consideration that the board considers reasonable; and (c) the grant of easement does not have the effect of rendering any school site or part of a school site no longer suitable for providing pupil accommodation.  O. Reg. 535/00, s. 2. (2) In subsection (1), “easement” means an easement, right-of-way, right or licence in the nature of an easement, profit à prendre or other incorporeal hereditament, but does not include such an easement arising by operation of law.  O. Reg. 535/00, s. 2.
1.2 (1) If the Toronto District School Board adopts a resolution under clause 194 (3) (a) of the Act that the real property described in subsection (3) is not required for the purposes of the board, the board may sell the property to a purchaser and shall, upon sale, provide to the purchaser funds for the purpose of erecting a building on the property or retrofitting an existing building on the property, where all or part of the building is intended to be used to provide services, including licensed child care, to the public. O. Reg. 11/17, s. 2. (2) The funds provided to the purchaser shall be funds from the proceeds of the sale equal to the lesser of, (a) the cost of erecting the new building or retrofitting the existing building, or where only a part of the new or retrofitted building is to be used to provide services to the public, the cost of erecting or retrofitting that part; and (b) $7 million. O. Reg. 11/17, s. 2. (3) The real property referred to in subsection (1) is the land described as follows: 1. PIN 21309-0585 (LT): LT 1-8 PL 1252 TORONTO; BLK A PL 1252 TORONTO; LANE PL 1252 TORONTO (CLOSED BY WG134848); LT 1-3 PL D1373 TORONTO; O’CONNELL AV PL D1373 TORONTO (CLOSED BY WG126118); BLK A PL 1085 TORONTO; LT 18-20 PL 1068 CITY WEST; PT BLK A PL 1089 CITY WEST AS IN WG27509; PT PARK LT 29 CON 1 FTB TWP OF YORK PL 1068 CITY WEST AS IN WG131508; WG150992; S/T WG126445E; CITY OF TORONTO. 2. PIN 21309-0688 (LT): BLK B PL D1343 TORONTO; CITY OF TORONTO. O. Reg. 11/17, s. 2.
1.3 Revoked: O. Reg. 360/17, s. 1 (2).
1.4 Revoked: O. Reg. 464/17, s. 1 (2). PART II   OTHER DISPOSITIONS Application
2. (1) This Part applies if, (a) a board proposes to sell, lease or otherwise dispose of real property; (b) the board has adopted a resolution under clause 194 (3) (a) of the Act that the property is not required for the purposes of the board; and (c) the sale, lease or other disposition is not permitted under Part I.  O. Reg. 444/98, s. 2 (1); O. Reg. 535/00, s. 3. (2) If this Part applies, a board shall not sell, lease or otherwise dispose of property except after issuing a proposal in accordance with section 3 or 4, as the case may be, and except in accordance with this Part.  O. Reg. 444/98, s. 2 (2). (3) For the purposes of this Part, a building is considered to be last used for providing pupil accommodation even if, since it was last so used, it was used by the board primarily for storage or maintenance purposes.  O. Reg. 444/98, s. 2 (3). Interpretation
2.1 (1) In this Regulation, “board of health” means a board of health within the meaning of the Health Protection and Promotion Act; (“conseil de santé”) “expression of interest” means an expression of interest that complies with subsection 6 (2); (“manifestation d’intérêt”) “fiscal year” means the period commencing on September 1 in each year and ending on August 31 of the following year; (“exercice”) “health unit” means a health unit within the meaning of the Health Protection and Promotion Act; (“circonscription sanitaire”) “lead agency for child and youth mental health” means an agency set out in Column 2 of Schedule 3; (“organisme responsable des services de santé mentale aux enfants et aux jeunes”) “LHIN” means a local health integration network within the meaning of the Local Health System Integration Act, 2006; (“réseau local d’intégration des services de santé”) “local services board” means a board within the meaning of Part I of the Northern Services Boards Act; (“régie locale des services publics”) “qualifying education agreement” means an agreement between a board and a facility to provide a qualifying education program within the meaning of the provision in the most recent regulation made under section 234 of the Act that determines the board’s facilities amount; (“entente sur l’enseignement admissible”) “service area” means a service area listed in Column 1 of Schedule 3. (“aire de service”) O. Reg. 115/16, s. 2; O. Reg. 188/18, s. 1. (2) For the purposes of this Regulation, the following are indigenous organizations: 1. Métis Nation of Ontario Secretariat. 2. Chiefs of Ontario. 3. Ontario Federation of Indigenous Friendship Centres. 4. Association of Iroquois and Allied Indians. 5. Nishnawbe Aski Nation. 6. Grand Council Treaty #3. 7. Union of Ontario Indians. O. Reg. 115/16, s. 2. Bodies to Receive Proposals from District School Boards
5. A proposal for lease issued under section 3 or 4 must specify the term of the lease of the property.  O. Reg. 444/98, s. 5. Expressions of Interest and Offers
6. (1) A body to which a board issued a proposal under section 3 or 4 or to which a proposal was referred under section 3 or 4 may submit to the board an expression of interest in response to the proposal before the expiration of 90 days after the day on which the board issued the proposal. O. Reg. 115/16, s. 5. (2) An expression of interest must be in writing, must be signed by a person authorized by the body to express interest on its behalf and must include, (a) the description of the property that was included in the proposal; (b) the name of the body expressing interest; (c) the name of any body that referred the proposal to the body expressing interest; and (d) the date of the expression of interest. O. Reg. 115/16, s. 5. (3) A body referred to in subsection (1) may submit an offer to the board in response to the proposal, (a) along with its expression of interest; or (b) after submitting its expression of interest but before the expiration of 180 days after the day on which the board issued the proposal. O. Reg. 115/16, s. 5.
7. Except as otherwise provided in section 8, an offer under section 6 must be for sale, lease or other disposition of the property at fair market value.  O. Reg. 444/98, s. 7; O. Reg. 415/05, s. 3.
8. (1) This section applies to an offer under section 6 for the lease of property on which there is a building, or part of a building, that is used or was last used for providing pupil accommodation if the body that issued the proposal and the body making the offer are both district school boards and if the purpose of leasing the building is to provide pupil accommodation. O. Reg. 115/16, s. 5. (2) An offer to which this section applies shall offer, in return for the lease, an obligation to pay, in respect of each fiscal year in the lease period, an amount to be calculated as follows: 1. Take the sum of, i. the gross floor area of the building or part of a building that is to be leased multiplied by $85.77, and ii. either, A. if the building or part of the building is used or was last used for providing pupil accommodation only for an elementary school program, the product of, 1. the gross floor area of the building or part of a building that is to be leased, 2. the Weighted Average Benchmark Elementary School Renewal Cost per Metre Squared for the board that issued the proposal, as set out in Column 2 of Schedule 4, and 3. the Geographic Adjustment Factor for the board that issued the proposal, as set out in Column 4 of Schedule 4, or B. if the building or part of the building is used or was last used for providing pupil accommodation for a program leading to a secondary school diploma, or for both an elementary school program and a program leading to a secondary school diploma, the product of, 1. the gross floor area of the building or part of a building that is to be leased, 2. the Weighted Average Benchmark Secondary School Renewal Cost per Metre Squared for the board that issued the proposal, as set out in Column 3 of Schedule 4, and 3. the Geographic Adjustment Factor for the board that issued the proposal, as set out in Column 4 of Schedule 4. 2. Divide the result obtained in paragraph 1 by the number of calendar days in the fiscal year. 3. Multiply the result obtained in paragraph 2 by the number of calendar days in the fiscal year that are covered by the lease period. O. Reg. 115/16, s. 5. (3) In subsection (2), “gross floor area” means the gross floor area, expressed in square metres, within the meaning of Ontario Regulation 20/98 (Education Development Charges – General) made under the Act. O. Reg. 115/16, s. 5.
9. Revoked:  O. Reg. 415/05, s. 5. Acceptance of Offers
11. (1) An agreement for the lease of real property to which section 8 applies shall include a condition that the lease is terminated on a day specified in the agreement if the body making the offer does not use the property to provide accommodation for pupils eligible to be included in the calculation of legislative grants for new pupil places for any period of 12 consecutive months after the commencement of the lease. O. Reg. 115/16, s. 5. (2) The termination of a lease under subsection (1) is not a closing of the school. O. Reg. 115/16, s. 5. Disposition to Others after Proposal Process
12. (1) Subject to subsections (2) and (3), a board may sell, lease or otherwise dispose of a property at fair market value to any body or person if, (a) it does not receive an expression of interest from a body to which a proposal is issued or referred under section 3 or 4 before the expiration of 90 days after the day on which the board issued the proposal; (b) it receives one or more expressions of interest referred to in clause (a) but does not receive an offer that meets the requirements of subsection 10 (2) before the expiration of 180 days after the day on which the board issued the proposal; or (c) it receives one or more expressions of interest referred to in clause (a) and one or more offers referred to in clause (b) before the expiration of 180 days after the day on which the board issued the proposal, but the 180-day period has ended and every offer the board received has expired or has been withdrawn. O. Reg. 115/16, s. 6 (1). (2) If the proposal referred to in subsection (1) is only for the lease of property, the board that issued the proposal may, under subsection (1), lease but not sell or otherwise dispose of the property, and the lease shall be for the term specified in the proposal.  O. Reg. 444/98, s. 12 (2). (3) A board shall not sell, lease or otherwise dispose of property under subsection (1) unless it provides written evidence satisfactory to the Minister that, (a) it first issued a proposal of the sale or lease of the property to each body to which a proposal must be issued under section 3 or 4, as the case may be; and (b) no expression of interest referred to in clause (1) (a) was received, no offer referred to in clause (1) (b) was received or all of the offers the board received expired or were withdrawn, as applicable. O. Reg. 444/98, s. 12 (3); O. Reg. 415/05, s. 7 (2); O. Reg. 115/16, s. 6 (2). (4) Revoked: O. Reg. 115/16, s. 6 (3). Miscellaneous
13. (1) If a board issues a proposal under section 3 or 4 but does not sell, lease or otherwise dispose of the real property in accordance with the terms set out in the proposal within three years of the expiry of the 180-day period referred to in subclause 10 (2) (b) (ii), the board shall not sell, lease or otherwise dispose of the property unless the board issues another proposal under section 3 or 4, as the case may be.  O. Reg. 290/08, s. 4; O. Reg. 115/16, s. 7. (2) A board shall not sell, lease or otherwise dispose of real property that was previously sold, leased or otherwise disposed of in accordance with the terms of a proposal under section 3 or 4 and that has reverted back to the board, unless the board issues another proposal under section 3 or 4, as the case may be.  O. Reg. 290/08, s. 4.
14. (1) This Regulation, as it read on August 31, 2016, applies to proposals issued under section 3 or 4 on or before that date. O. Reg. 115/16, s. 8. (2) This Regulation applies to proposals issued under section 3 or 4 on or after September 1, 2016. O. Reg. 115/16, s. 8. PART III   Notice of Acquisitions