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O. Reg. 115/16: DISPOSITION OF SURPLUS REAL PROPERTY

filed May 5, 2016 under Education Act, R.S.O. 1990, c. E.2

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ontario regulation 115/16

made under the

Education Act

Made: May 5, 2016
Filed: May 5, 2016
Published on e-Laws: May 5, 2016
Printed in The Ontario Gazette: May 21, 2016

Amending O. Reg. 444/98

(DISPOSITION OF SURPLUS REAL PROPERTY)

1. Section 1.0.1 of Ontario Regulation 444/98 is revoked and the following substituted:

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.

2. The Regulation is amended by adding the following section before the heading “Bodies to Receive Proposals from District School Boards”:

Interpretation

2.1 (1) In this Regulation,

“approved agency” means an approved agency within the meaning of the Child and Family Services Act; (“agence agréée”)

“approved corporation” means an approved corporation within the meaning of Regulation 70 of the Revised Regulations of Ontario, 1990 (General) made under the Child and Family Services Act; (“personne morale agréée”)

“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”)

(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.

3. (1) Subsection 3 (1) of the Regulation is amended by adding the following paragraphs:

0.1 The French-language public district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The English-language separate district school board or Roman Catholic school authority that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The French-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.4 The board of a Protestant separate school that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

. . . . .

4.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

4.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(2) Subparagraph 6 iii of subsection 3 (1) of the Regulation is revoked and the following substituted:

iii. the municipalities of Brockville, Cornwall, Gananoque, Ottawa, Pembroke, Prescott and Smiths Falls.

(3) Paragraph 7 of subsection 3 (1) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(4) Subsection 3 (1) of the Regulation is amended by adding the following paragraphs:

7.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

7.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

7.3 The board of health for the health unit in which the property is located.

. . . . .

11.1 All indigenous organizations listed in subsection 2.1 (2).

(5) Subsection 3 (2) of the Regulation is amended by adding the following paragraphs:

0.1 The English-language public district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The French-language separate district school board or Roman Catholic school authority that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The English-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.4 The board of a Protestant separate school that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

. . . . .

4.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

4.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(6) Subparagraph 5 iii of subsection 3 (2) of the Regulation is revoked and the following substituted:

iii. the municipalities of Brockville, Cornwall, Gananoque, Ottawa, Pembroke, Prescott and Smiths Falls.

(7) Paragraph 7 of subsection 3 (2) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(8) Subsection 3 (2) of the Regulation is amended by adding the following paragraphs:

7.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

7.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

7.3 The board of health for the health unit in which the property is located.

. . . . .

11.1 All indigenous organizations listed in subsection 2.1 (2).

(9) Subsection 3 (3) of the Regulation is amended by adding the following paragraphs:

0.1 The French-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The English-language public district school board or the board of a district school area that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The French-language public district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.4 The board of a Protestant separate school that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

. . . . .

4.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

4.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(10) Subparagraph 6 iii of subsection 3 (3) of the Regulation is revoked and the following substituted:

iii. the municipalities of Brockville, Cornwall, Gananoque, Ottawa, Pembroke, Prescott and Smiths Falls.

(11) Paragraph 7 of subsection 3 (3) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(12) Subsection 3 (3) of the Regulation is amended by adding the following paragraphs:

7.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

   7.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

7.3 The board of health for the health unit in which the property is located.

. . . . .

11.1 All indigenous organizations listed in subsection 2.1 (2).

(13) Subsection 3 (4) of the Regulation is amended by adding the following paragraphs:

0.1 The English-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The French-language public district school board or the board of a district school area that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The English-language public district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.4 The board of a Protestant separate school that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

. . . . .

4.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

4.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(14) Subparagraph 5 iii of subsection 3 (4) of the Regulation is revoked and the following substituted:

iii. the municipalities of Brockville, Cornwall, Gananoque, Ottawa, Pembroke, Prescott and Smiths Falls.

(15) Paragraph 7 of subsection 3 (4) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(16) Subsection 3 (4) of the Regulation is amended by adding the following paragraphs:

7.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

7.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

7.3 The board of health for the health unit in which the property is located.

. . . . .

11.1 All indigenous organizations listed in subsection 2.1 (2).

(17) Section 3 of the Regulation is amended by adding the following subsections:

(5) A lead agency for child and youth mental health to which a proposal is issued may refer the proposal to an approved corporation or approved agency that operates a children’s mental health centre in the service area in which the property is located.

(5.1) A LHIN to which a proposal is issued may refer the proposal to a health service provider in the LHIN’s local health system, as determined under the Local Health System Integration Act, 2006.

. . . . .

(7.1) An indigenous organization to which a proposal is issued may refer the proposal to a band, a council of a band, an education authority, a corporation or organization wholly owned or controlled by one or more bands or councils of bands or a corporation that is a member of the Ontario Federation of Indigenous Friendship Centres.

4. (1) Subsection 4 (1) of the Regulation is amended by adding the following paragraphs:

0.1 The board of a secondary school district established under section 67 of the Act that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The English-language separate district school board or Roman Catholic school authority that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The French-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

. . . . .

3.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

3.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(2) Subparagraph 5 iii of subsection 4 (1) of the Regulation is revoked and the following substituted:

iii. the municipalities of Brockville, Cornwall, Gananoque, Ottawa, Pembroke, Prescott and Smiths Falls.

(3) Paragraph 6 of subsection 4 (1) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(4) Subsection 4 (1) of the Regulation is amended by adding the following paragraphs:

6.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

6.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

6.3 The board of health for the health unit in which the property is located.

. . . . .

10.1 All indigenous organizations listed in subsection 2.1 (2).

(5) Subsection 4 (2) of the Regulation is amended by adding the following paragraphs:

0.1 The board of a district school area that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The English-language separate district school board or Roman Catholic school authority that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The French-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

(6) Paragraphs 2 and 3 of subsection 4 (2) of the Regulation are revoked and the following substituted:

2. The English-language separate district school board or Roman Catholic school authority the area of jurisdiction of which includes the property.

3. The French-language separate district school board the area of jurisdiction of which includes the property.

3.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

3.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(7) Paragraphs 4 and 4.1 of subsection 4 (2) of the Regulation are revoked and the following substituted:

4. The college known as Collège Boréal d’arts appliqués et de technologie.

(8) Paragraph 5 of subsection 4 (2) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(9) Subsection 4 (2) of the Regulation is amended by adding the following paragraphs:

5.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

5.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

5.3 The board of health for the health unit in which the property is located.

. . . . .

8.1 All indigenous organizations listed in subsection 2.1 (2).

(10) Subsection 4 (3) of the Regulation is amended by adding the following paragraphs:

0.1 The board of a secondary school district established under section 67 of the Act that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The English-language public district school board or the board of a district school area that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The French-language public district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

. . . . .

3.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

3.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(11) Subparagraph 5 iii of subsection 4 (3) of the Regulation is revoked and the following substituted:

iii. the municipalities of Brockville, Cornwall, Gananoque, Ottawa, Pembroke, Prescott and Smiths Falls.

(12) Paragraph 6 of subsection 4 (3) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(13) Subsection 4 (3) of the Regulation is amended by adding the following paragraphs:

6.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

6.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

6.3 The board of health for the health unit in which the property is located.

. . . . .

10.1 All indigenous organizations listed in subsection 2.1 (2).

(14) Subsection 4 (4) of the Regulation is amended by adding the following paragraphs:

0.1 The English-language public district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.2 The French-language public district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.3 The English-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

0.4 The French-language separate district school board that holds or held a leasehold interest in the property for pupil accommodation at any time during the fiscal year, or the preceding fiscal year, on or before the day the proposal under this subsection is issued, if any.

. . . . .

4.1 All facilities that,

i. have a qualifying education agreement with the board, and

ii. are located in the same municipality as the property or, if the property is not in a municipality, are located in the same geographic area, within the meaning of the Territorial Division Act, 2002, as the property.

4.2 The service system manager set out in Column 2 of Schedule 2 if the property is located in the area described in Column 1 of Schedule 2.

(15) Subparagraph 6 iii of subsection 4 (4) of the Regulation is revoked and the following substituted:

iii. the municipalities of Brockville, Cornwall, Gananoque, Ottawa, Pembroke, Prescott and Smiths Falls.

(16) Paragraph 7 of subsection 4 (4) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”.

(17) Subsection 4 (4) of the Regulation is amended by adding the following paragraphs:

7.1 The lead agency for child and youth mental health set out in Column 2 of Schedule 3 if the property is located in the service area described in Column 1 of Schedule 3.

7.2 The LHIN for the geographic area, as defined in subsection 2 (1) of the Local Health System Integration Act, 2006, in which the property is located.

7.3 The board of health for the health unit in which the property is located.

. . . . .

10.1 All indigenous organizations listed in subsection 2.1 (2).

(18) Section 4 of the Regulation is amended by adding the following subsections:

(5) A lead agency for child and youth mental health to which a proposal is issued may refer the proposal to an approved corporation or approved agency that operates a children’s mental health centre in the service area in which the property is located.

(5.1) A LHIN to which a proposal is issued may refer the proposal to a health service provider in the LHIN’s local health system, as determined under the Local Health System Integration Act, 2006.

. . . . .

(7.1) An indigenous organization to which a proposal is issued may refer the proposal to a band, a council of a band, an education authority, a corporation or organization wholly owned or controlled by one or more bands or councils of bands or a corporation that is a member of the Ontario Federation of Indigenous Friendship Centres.

5. Sections 6, 8, 10 and 11 of the Regulation are revoked and the following substituted:

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.

(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.

(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.

. . . . .

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.

(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.

(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.

. . . . .

Acceptance of Offers

10. (1) A board shall not accept any offer to purchase, lease or otherwise acquire property in respect of which a proposal must be issued under section 3 or 4 before the expiration of 90 days after the day on which the board issued the proposal.

(2) After the expiration of the 90-day period referred to in subsection (1), the only offer that the board may accept, subject to subsections (3) to (8) is an offer that,

(a) complies with section 7 or 8, as the case may be; and

(b) is made by a body that,

(i) submitted an expression of interest in response to the proposal within the 90-day period referred to in subsection (1),

(ii) submitted its offer before the expiration of 180 days after the day on which the board issued the proposal, and

(iii) has, in accordance with subsection (9), the highest priority among the bodies that made expressions of interest in the 90-day period referred to in subsection (1).

(3) If the body that has the highest priority among the bodies that made expressions of interest withdraws its expression of interest, the board shall,

(a) consider or wait for an offer from the body with the next highest priority among the bodies that made expressions of interest if the 180-day period referred to in subclause (2) (b) (ii) has not expired; or

(b) consider an offer made by the body that has the next highest priority among the bodies that made offers if the 180-day period referred to in subclause (2) (b) (ii) has expired.

(4) If the body that has the highest priority among the bodies that made expressions of interest fails to submit an offer in the 180-day period referred to in subclause (2) (b) (ii), the board shall consider an offer made by the body that has the next highest priority among the bodies that made offers.

(5) If the body with the highest priority or, if applicable, the highest remaining priority and the board disagree on the fair market value of the property, they shall attempt, within 30 days of the beginning of negotiations, to negotiate the fair market value and the body shall amend its offer to reflect the agreed value.

(6) If the board and the body cannot agree under subsection (5) on the fair market value of the property, the body making the offer may, at or before the termination of the 30-day period referred to in subsection (5),

(a) withdraw its offer; or

(b) elect to have the fair market value determined through binding arbitration and amend its offer according to the fair market value determined by the arbitrator.

(7) If no price is agreed to at the termination of the 30-day period referred to in subsection (5) or if the body withdraws its offer or does not elect binding arbitration under subsection (6), the board shall,

(a) consider or wait for an offer from the body with the next highest priority among the bodies that made expressions of interest if the 180-day period referred to in subclause (2) (b) (ii) has not expired; or

(b) consider an offer made by the body that has the next highest priority among the bodies that made offers if the 180-day period referred to in subclause (2) (b) (ii) has expired.

(8) Subsections (2) to (7) apply to each subsequent offer that the board considers.

(9) For the purposes of this section, priorities shall be determined in accordance with the following rules:

1. A body mentioned in a paragraph of subsection 3 (1), (2), (3) or (4) or 4 (1), (2), (3) or (4) has a higher priority than a body mentioned in a subsequent paragraph.

2. If a body is mentioned in more than one paragraph in a subsection listed in paragraph 1, it shall have no priority other than its highest priority as determined under that paragraph.

3. A body that receives a referral from a body under subsection 3 (5), (5.1), (6), (7), (7.1) or (8) or 4 (5), (5.1), (6), (7), (7.1) or (8) shall be deemed to have the same priority as the body that made the referral.

4. If offers are made by two or more bodies that, under paragraph 3, have the same priority because they received a referral from the same body, priorities among those bodies may be determined by the body that made the referral or, if the body does not wish to determine priority, then the body that offers the highest price has priority over the others.

5. Despite paragraph 4, if offers are made by two or more bodies whose highest priority comes from being an indigenous organization listed in subsection 2.1 (2), or from receiving a referral from such an organization, the body that offers the highest price has priority over the others.

6. If offers are made by two or more bodies whose highest priority comes from being a facility, the facility that offers the highest price has priority over the others.

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.

(2) The termination of a lease under subsection (1) is not a closing of the school.

6. (1) Subsection 12 (1) of the Regulation is revoked and the following substituted:

(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.

(2) Clause 12 (3) (b) of the Regulation is revoked and the following substituted:

(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.

(3) Subsection 12 (4) of the Regulation is revoked.

7. Subsection 13 (1) of the Regulation is amended by striking out “the 90-day period referred to in subsection 10 (1)” and substituting “the 180-day period referred to in subclause 10 (2) (b) (ii)”.

8. The Regulation is amended by adding the following section:

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.

(2) This Regulation applies to proposals issued under section 3 or 4 on or after September 1, 2016.

9. The Schedule to the Regulation is amended by,

(a) striking out the heading to the Schedule and substituting the following:

Schedule 1
Universities

(b) adding “Algoma University”;

(c) striking out “Laurentian University of Sudbury/Université Laurentienne de Sudbury” and substituting “Laurentian University of Sudbury”;

(d) striking out “Ontario College of Art and Design” and substituting “Ontario College of Art & Design University”; and

(e) striking out “Ryerson Polytechnic University” and substituting “Ryerson University”.

10. The Regulation is amended by adding the following Schedules:

Schedule 2
Service System Managers

Item

Column 1
Area

Column 2
Service system manager

1.

County of Dufferin

County of Dufferin

2.

Regional Municipality of Halton

Regional Municipality of Halton

3.

County of Lennox and Addington and County of Prince Edward

County of Lennox and Addington

4.

District Municipality of Muskoka

District Municipality of Muskoka

5.

City of Ottawa

City of Ottawa

6.

County of Renfrew, including the City of Pembroke

County of Renfrew

7.

The district for the Algoma District Services Administration Board, as described in Ontario Regulation 278/98 (General) made under the District Social Services Administration Boards Act

Algoma District Services Administration Board

8.

City of Hamilton

City of Hamilton

9.

County of Lanark and Town of Smiths Falls

County of Lanark

10.

The district for the District of Parry Sound Social Services Administration Board, as described in Ontario Regulation 278/98

District of Parry Sound Social Services Administration Board

11.

County of Peterborough and City of Peterborough

City of Peterborough

12.

County of Simcoe, City of Barrie and City of Orillia

County of Simcoe

13.

City of Toronto

City of Toronto

14.

Regional Municipality of York

Regional Municipality of York

15.

County of Brant and City of Brantford

City of Brantford

16.

County of Bruce

County of Bruce

17.

Municipality of Chatham-Kent

Municipality of Chatham-Kent

18.

City of Cornwall and United Counties of Stormont, Dundas and Glengarry

City of Cornwall

19.

County of Grey

County of Grey

20.

County of Lambton

County of Lambton

21.

Regional Municipality of Niagara

Regional Municipality of Niagara

22.

County of Northumberland

County of Northumberland

23.

County of Oxford

County of Oxford

24.

United Counties of Prescott and Russell

United Counties of Prescott and Russell

25.

City of Greater Sudbury

City of Greater Sudbury

26.

Regional Municipality of Durham

Regional Municipality of Durham

27.

Norfolk County and Haldimand County

Norfolk County

28.

County of Hastings, City of Belleville and City of Quinte West

County of Hastings

29.

County of Huron

County of Huron

30.

City of Kingston and the service area of the Frontenac Management Board, as set out in paragraph 3.3 (b) of an Order made under section 25.2 of the Municipal Act on January 7, 1997 and published in The Ontario Gazette dated February 15, 1997

City of Kingston

31.

United Counties of Leeds and Grenville, City of Brockville, Town of Gananoque and Town of Prescott

United Counties of Leeds and Grenville

32.

City of London and County of Middlesex

City of London

33.

Regional Municipality of Peel

Regional Municipality of Peel

34.

County of Perth, City of Stratford and Town of St. Marys

City of Stratford

35.

City of St. Thomas and County of Elgin

City of St. Thomas

36.

City of Kawartha Lakes and County of Haliburton

City of Kawartha Lakes

37.

Regional Municipality of Waterloo

Regional Municipality of Waterloo

38.

County of Wellington and City of Guelph

County of Wellington

39.

City of Windsor, County of Essex and Township of Pelee

City of Windsor

40.

The district for the District of Cochrane Social Services Administration Board, as described in Ontario Regulation 278/98

District of Cochrane Social Services Administration Board

41.

The district for the Kenora District Services Board, as described in Ontario Regulation 278/98

Kenora District Services Board

42.

The district for the District of Nipissing Social Services Administration Board, as described in Ontario Regulation 278/98

District of Nipissing Social Services Administration Board

43.

The district for the Rainy River District Social Services Administration Board, as described in Ontario Regulation 278/98

Rainy River District Social Services Administration Board

44.

The district for the District of Sault Ste. Marie Social Services Administration Board, as described in Ontario Regulation 278/98

District of Sault Ste. Marie Social Services Administration Board

45.

The district for the Manitoulin-Sudbury District Services Board, as described in Ontario Regulation 278/98

Manitoulin-Sudbury District Services Board

46.

The district for the District of Thunder Bay Social Services Administration Board, as described in Ontario Regulation 278/98

District of Thunder Bay Social Services Administration Board

47.

The district for the District of Timiskaming Social Services Administration Board, as described in Ontario Regulation 278/98

District of Timiskaming Social Services Administration Board

 

Schedule 3
lead agencIES for child and youth mental health

Item

Column 1

Service Area

Column 2

Lead Agency for Child and Youth Mental Health

1.

County of Dufferin, County of Wellington, City of Guelph

Canadian Mental Health Association Waterloo Wellington Dufferin Branch

2.

Regional Municipality of Halton

Reach Out Centre for Kids (ROCK)

3.

Regional Municipality of Peel

Peel Children’s Centre

4.

County of Simcoe, City of Barrie, City of Orillia

New Path Youth and Family Counselling Services of Simcoe County

5.

Regional Municipality of Waterloo

Lutherwood

6.

Regional Municipality of York

Kinark Child and Family Services

7.

Regional Municipality of Durham

Kinark Child and Family Services

8.

Regional Municipality of Niagara

Minister of Children and Youth Services

9.

City of Kingston, County of Lennox and Addington and the service area of the Frontenac Management Board, as set out in paragraph 3.3 (b) of an Order made under section 25.2 of the Municipal Act on January 7, 1997 and published in The Ontario Gazette dated February 15, 1997

Pathways for Children and Youth

10.

City of Kawartha Lakes, City of Peterborough, County of Haliburton and County of Peterborough

Kinark Child and Family Services

11.

City of Belleville, City of Quinte West, County of Hastings, County of Prince Edward

Children’s Mental Health Services

12.

City of Brockville, Town of Smiths Falls, Town of Gananoque, Town of Prescott, United Counties of Leeds and Grenville, County of Lanark

Children’s Mental Health of Leeds and Grenville

13.

City of Ottawa

Youth Services Bureau of Ottawa

14.

United Counties of Prescott and Russell

Valoris for Children and Adults of Prescott-Russell

15.

City of Pembroke, County of Renfrew

The Phoenix Centre for Children and Families

16.

City of Cornwall and United Counties of Stormont, Dundas and Glengarry

Cornwall Community Hospital

17.

Territorial District of Algoma

Algoma Family Services

18.

Territorial Districts of Kenora and Rainy River

FIREFLY – Physical, Emotional, Developmental and Community Services

19.

District Municipality of Muskoka, Territorial Districts of Nipissing and Parry Sound

Hands TheFamilyHelpNetwork.ca

20.

City of Greater Sudbury, Territorial Districts of Manitoulin and Sudbury

Child and Family Centre/Centre de l’enfant et de la famille/Ngodweaangizwin Aaskaagewin

21.

Territorial District of Thunder Bay

Children’s Centre Thunder Bay

22.

Territorial Districts of Cochrane and Timiskaming

Minister of Children and Youth Services

23.

City of Toronto

East Metro Youth Services

24.

City of Brantford, County of Brant

Woodview Mental Health and Autism Services

25.

Municipality of Chatham-Kent

Chatham Kent Children’s Services

26.

City of St. Thomas, County of Elgin, County of Oxford

Oxford-Elgin Child & Youth Centre

27.

City of Windsor, County of Essex and Township of Pelee

Hôtel-Dieu Grace Healthcare - Regional Children’s Centre

28.

Counties of Bruce and Grey

Keystone Child, Youth & Family Services

29.

Haldimand County and Norfolk County

Haldimand Norfolk Resource, Education and Counselling Help (H-N REACH)

30.

City of Hamilton

Lynwood Charlton Centre

31.

City of Stratford, Town of St. Marys, Counties of Huron and Perth

Huron Perth Centre for Children and Youth

32.

County of Lambton

St. Clair Child & Youth Services

33.

City of London and County of Middlesex

Madame Vanier Children’s Services

 

Schedule 4
Board LeaseS

Item

Column 1

Name of board

Column 2

Weighted Average Benchmark Elementary School Renewal Cost per Metre Squared

(in dollars)

Column 3

Weighted Average Benchmark Secondary School Renewal Cost per Metre Squared

(in dollars)

Column 4
Geographic Adjustment Factor

1.

Algoma District School Board

11.30

11.10

1.30

2.

Algonquin and Lakeshore Catholic District School Board

11.39

11.14

1.06

3.

Avon Maitland District School Board

11.51

11.83

1.05

4.

Bluewater District School Board

11.22

10.91

1.05

5.

Brant Haldimand Norfolk Catholic District School Board

10.39

10.62

1.03

6.

Bruce-Grey Catholic District School Board

11.83

11.83

1.05

7.

Catholic District School Board of Eastern Ontario

10.65

9.06

1.05

8.

Conseil des écoles publiques de l’Est de l’Ontario

9.87

9.89

1.04

9.

Conseil scolaire catholique Providence

10.16

10.94

1.04

10.

Conseil scolaire de district catholique Centre-Sud

11.25

8.80

1.02

11.

Conseil scolaire de district catholique de l’Est ontarien

10.87

11.49

1.04

12.

Conseil scolaire de district catholique des Aurores boréales

11.57

7.89

1.52

13.

Conseil scolaire de district catholique des Grandes Rivières

11.83

11.12

1.56

14.

Conseil scolaire de district catholique du Centre-Est de l’Ontario

9.91

10.52

1.03

15.

Conseil scolaire de district catholique du Nouvel-Ontario

11.63

10.67

1.26

16.

Conseil scolaire de district catholique Franco-Nord

10.12

9.69

1.21

17.

Conseil scolaire de district du Grand Nord de l’Ontario

10.56

11.16

1.30

18.

Conseil scolaire de district du Nord-Est de l’Ontario

9.35

8.49

1.42

19.

Conseil scolaire Viamonde

11.27

10.16

1.02

20.

District School Board of Niagara

11.54

11.83

1.03

21.

District School Board Ontario North East

10.96

11.39

1.54

22.

Dufferin-Peel Catholic District School Board

9.86

9.74

1.00

23.

Durham Catholic District School Board

10.22

10.55

1.00

24.

Durham District School Board

10.09

11.07

1.00

25.

Grand Erie District School Board

11.52

11.83

1.03

26.

Greater Essex County District School Board

11.02

11.71

1.05

27.

Halton Catholic District School Board

9.81

9.54

1.02

28.

Halton District School Board

10.39

11.19

1.02

29.

Hamilton-Wentworth Catholic District School Board

10.51

10.22

1.02

30.

Hamilton-Wentworth District School Board

10.75

11.24

1.02

31.

Hastings and Prince Edward District School Board

11.48

11.83

1.07

32.

Huron Perth Catholic District School Board

11.35

7.89

1.05

33.

Huron-Superior Catholic District School Board

11.31

11.83

1.30

34.

Kawartha Pine Ridge District School Board

10.78

11.56

1.04

35.

Keewatin-Patricia District School Board

10.27

10.56

1.63

36.

Kenora Catholic District School Board

9.88

7.89

1.62

37.

Lakehead District School Board

11.27

10.98

1.35

38.

Lambton Kent District School Board

11.62

11.83

1.05

39.

Limestone District School Board

11.31

11.83

1.06

40.

London District Catholic School Board

11.24

9.83

1.02

41.

Near North District School Board

11.33

11.52

1.19

42.

Niagara Catholic District School Board

11.19

10.91

1.03

43.

Nipissing-Parry Sound Catholic District School Board

10.94

11.83

1.19

44.

Northeastern Catholic District School Board

11.83

11.83

1.55

45.

Northwest Catholic District School Board

11.83

0

1.62

46.

Ottawa Catholic District School Board

10.89

10.54

1.03

47.

Ottawa-Carleton District School Board

11.10

11.54

1.03

48.

Peel District School Board

9.86

10.68

1.00

49.

Peterborough Victoria Northumberland and Clarington Catholic District School Board

10.74

8.63

1.04

50.

Rainbow District School Board

11.22

11.83

1.20

51.

Rainy River District School Board

10.19

11.83

1.62

52.

Renfrew County Catholic District School Board

11.52

11.83

1.11

53.

Renfrew County District School Board

11.20

11.51

1.12

54.

Simcoe County District School Board

10.55

11.05

1.04

55.

Simcoe Muskoka Catholic District School Board

9.95

8.68

1.04

56.

St. Clair Catholic District School Board

11.12

10.14

1.05

57.

Sudbury Catholic District School Board

11.31

10.95

1.17

58.

Superior North Catholic District School Board

11.06

0

1.58

59.

Superior-Greenstone District School Board

11.55

11.17

1.56

60.

Thames Valley District School Board

11.48

11.68

1.02

61.

Thunder Bay Catholic District School Board

11.29

11.83

1.30

62.

Toronto Catholic District School Board

11.29

10.92

1.03

63.

Toronto District School Board

11.63

11.72

1.03

64.

Trillium Lakelands District School Board

11.71

11.18

1.10

65.

Upper Canada District School Board

11.18

11.32

1.05

66.

Upper Grand District School Board

10.49

10.74

1.02

67.

Waterloo Catholic District School Board

10.78

10.05

1.00

68.

Waterloo Region District School Board

10.74

11.34

1.00

69.

Wellington Catholic District School Board

9.91

10.46

1.01

70.

Windsor-Essex Catholic District School Board

11.08

10.75

1.05

71.

York Catholic District School Board

9.88

10.09

1.00

72.

York Region District School Board

9.64

10.18

1.00

 

Commencement

11. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 2 to 10 come into force on September 1, 2016.

Made by:
Pris par :

La ministre de l’Éducation,

Elizabeth Jean Sandals

Minister of Education

 

Date made: May 5, 2016
Pris le : 5 mai 2016

 

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