The Better Schools and Student Outcomes Act, 2023, S.O. 2023, c. 11 has come into force with respect to the newly imposed powers of the province in acquisitions and dispositions of school board property.
Beginning
The following are key changes to the Minister's role in the acquisition and disposition of school board property, though this list is non-exhaustive. Section references correspond to
DISCRETIONARY DISPOSITION (S. 1(2)):
Pursuant to
MANDATORY DISPOSITION - NON-USE OVER 10 YEARS (S. 2):
Introduced by
A disposition of property authorized under s. 1(1)(a) or required under s. 2(1) shall be done in accordance with the process set out in sections 5 to 7, unless it meets one of the exceptions set out in s. 4.
NOTICE OF DISPOSITION (S. 5):
Pursuant to s.5, the Minister may determine to whom the school board must offer the property, if it is disposing of the property.
School boards, the Province of
OFFER TO ACQUIRE (S. 6):
Modifying the language of s. 10 of the previous regulation,
LEASED PROPERTY (S. 9):
In respect of property leased before the day
TRANSITION FROM PREVIOUS REGULATION (
Any property that a board issued a proposal to sell, lease or otherwise dispose of before
NOTICE OF ACQUISITIONS (S. 12):
In accordance with the previous regulation, a school board shall give notice to the Minister of its intent to acquire or apply to expropriate a school site or other land at least 60 days before the acquisition or application. However, the new regulation proposes additional timelines. The school board shall not proceed with a proposed acquisition or application to expropriate if it receives the notice not to proceed on or before the following:
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If a board does not require the approval of the Minister to spend or receive funds, the 60th day after the day notice is given under subsection (1).
- If a board does require the approval of the Minister to spend or receive funds, the later of the 60th day after the day notice is given under subsection (1) and the day the Minister notifies the board whether or not the Minister gives the approval to spend or receive funds.
The notice period will also be different for the proposed acquisition of a school site, part of a school site or other property.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Mr
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