FO: Lease/License to Occupy Selection Criteria

Classification: 
Section F: Facilities Development
Code: 
FO

When land or improvements owned by the Board (collectively "the Real Property") becomes surplus to the needs of the Board, the Real Property may only be made available for lease or license to occupy in accordance with the School Act, applicable Ministerial Orders and this Policy, and all other applicable Board Policies and Regulations including, without limitation, Board Policy FM: Disposal of Land and Board Regulation FMR: Disposal of Land.

The Board has the responsibility to manage Real Property and may, after considering future educational needs and school space requirements for the Board, deem Real Property to no longer be required for further educational purposes or other Board purposes and determine to make such property available for a lease or license to occupy agreement. In accordance with the School Act and the current Ministerial Order M193/08, the Board must not dispose of land or improvements by a fee simple sale or a lease of ten years or more, except to another school board or for an independent school or with the written approval of the Minister.
When considering a lease or a license to occupy Real Property, the Board will apply the following Guiding Principles:
1. the Board facilities should consider each building context to ensure lease placement is appropriate;
2. revenue should be maximized to benefit other Board facilities/programs;
3. priority should be given to opportunities that benefit the Board and the overall Vancouver community;
4. the term of any lease or license should be consistent with the Board’s Long Range Facility Plan;
5. the selection process shall not discriminate between prospective tenants or prospective licensees on any grounds contrary to the British Columbia Human Rights Code; and,
6. Real Property shall not be leased or licensed for operation of an Independent School, as defined by the BC Independent School Act, except that this policy shall not apply to leases or licenses that prior to July 01, 2016, the Board has granted or agreed in writing to grant, including any fixed, definite and legally enforceable rights to renew contained therein.

A lease constitutes a disposition of an interest in land under the School Act and Regulations and accordingly shall be approved through Board bylaw. A license to occupy that only grants contractual rights and not an interest in land may be approved by senior staff on behalf of the Board.

This Policy when adopted shall come into force and apply to all leases and licenses to occupy granted on or after July 01, 2016.

Adopted Date: 
Wednesday June 01, 2016