FM-R: Disposal of Land

Classification: 
F: Facilities Development
Code: 
FM-R

REGULATION

The procedure to dispose of Real Property by sale or transfer in fee simple or by way of lease of 10 years or more is as follows:

  1. Prior to initiating the disposal of any Real Property, the Board will conduct a title search to confirm that the property is registered in the name of the Board of Education of School District No. 39 (Vancouver) with fee simple ownership. The title search should include a determination as to whether or not the Real Property is held in trust by grant from the Crown, or subject to any registered charges.
  2. Once ownership has been determined in accordance with 1. above, prior to disposing of Real Property, the Board may undertake, with local governments, community organizations and/or the public, such consultations as the Board may consider appropriate with respect to the Real Property involved. This consultation process may include:
    1. Consideration of future enrolment growth in the School District, including K-12, adult programs, and early learning;
    2. Consideration of alternative community use of surplus space in school buildings and other facilities;
    3. A fair consideration of the community's input and adequate opportunity for the community to respond the Board's plan for the Real Property.
  3. Following consultation, if the Board passes a resolution declaring the Real Property surplus to the needs of the School District and instructing School District staff to proceed with the Real Property disposal process, the School District staff shall:
    1. Where necessary, arrange for the preparation of a legal survey plan showing the boundaries of the property to be disposed of;
    2. Initiate the disposal process in accordance with a public request for proposals or tender process, provided that if the disposition is:
      1. to a not-for-profit organization;
      2. to a public authority;
      3. to a person who, as part of the consideration for the disposition, will exchange land or an improvement with the Board;
      4. to a person who is a party to a subsisting lease, option, right of first refusal, joint venture, co-ownership or collaborative land acquisition or development agreement that has been the subject of a process involving the solicitation of competitive proposals, regardless of whether the agreement has been amended or assigned subsequent to the completion of that process;
      5. a disposition of land to an owner of adjoining land for the purpose of consolidating the lands;
        then the requirement for a public request for proposals or tender process shall only apply if the Board in its discretion so elects by resolution;
    3. When required pursuant to the School Act and applicable Ministerial Order, apply to the Minister for approval of the disposal. The application will include:
      1. Verification that the school closure was completed in accordance with the provisions under the current or former School Opening or Closure Order, if applicable;
      2. Description of circumstances giving rise to the Board request for Ministerial approval for the disposal of the property;
      3. Confirmation that the property will not be required for future educational purposes;
      4. Description of Board consultation as undertaken with respect to the proposed disposal;
      5. Description of how the property was first acquired for educational purposes by the Board if known;
      6. Confirmation that the property is owned by the Board and not the subject of Crown land grant as evidenced by one of the following documents obtained from the Land Title office:
        1. State of Title Certificate (certified copy of title); or
        2. Title search print including parcel identifier No.
      7. Address and legal description of the property;
      8. Site plan showing the subject property clearly outlined in bold or in colour;
      9. Property Appraisals by two licensed property appraisers.  In situations where it is not practical to obtain two comprehensive appraisals, the latest property assessment notice will be provided as one of these appraisals; and
      10. Statement of expected purchase price or rent.
    4. Undertake necessary steps to subdivide the Real Property to be disposed of, if it is to be subdivided from a “parent” property to remain in the ownership of the Board;
  4. Upon completion of the process outlined in #3 above, (and upon notification of Ministerial approval where applicable), the Board shall adopt a By-law (the "Real Property Disposal By-law") authorizing the disposal of the Real Property. The Real Property Disposal By-law will include:
    1. Confirmation that the Board will not require the land or improvements for future educational purposes;
    2. The name and the facility number, if any; and
    3. The address and legal description of the Real Property.
  5. Upon adoption of the Real Property Disposal By-law by the Board, the Board will provide without delay the following documentation to the Minister:
    1. A copy of the Board's Real Property Disposal By-law authorizing disposal of the property; and
    2. Written notification of the disposition and allocation of the proceeds as required under section 100(2) of the School Act.
  6. Where disposal is by sale or transfer, the transfer of title shall be completed in accordance with the terms of the agreement entered into with the purchaser.
Adopted Date: 
Monday December 17, 2012
Revision Date: 
Sep 2016