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O. Reg. 444/98: DISPOSITION OF SURPLUS REAL PROPERTY

under Education Act, R.S.O. 1990, c. E.2

Versions

	revoked or spent December 31, 2023
	December 6, 2023 – December 30, 2023
	November 8, 2019 – December 5, 2023
	September 1, 2019 – November 7, 2019
	April 30, 2018 – August 31, 2019
	April 3, 2018 – April 29, 2018
	December 31, 2017 – April 2, 2018
	December 8, 2017 – December 30, 2017
	September 7, 2017 – December 7, 2017
	January 30, 2017 – September 6, 2017
	September 1, 2016 – January 29, 2017
	May 5, 2016 – August 31, 2016
	September 15, 2010 – May 4, 2016
	August 15, 2008 – September 14, 2010
	September 13, 2006 – August 14, 2008
	June 29, 2005 – September 12, 2006
	May 26, 2004 – June 28, 2005
	July 24, 2003 – May 25, 2004
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Education Act

ontario REGULATION 444/98

DISPOSITION OF SURPLUS REAL PROPERTY

Historical version for the period May 5, 2016 to August 31, 2016.

Last amendment: O. Reg. 115/16.

This is the English version of a bilingual regulation.

CONTENTS

		Sections
PART I	DISPOSITIONS FOR SPECIFIED SERVICES AND GRANTS OF EASEMENTS	1-1.1
PART II	OTHER DISPOSITIONS
	Application	2
	Interpretation	2.1
	Bodies to Receive Proposals from District School Boards	2.1-3
	Bodies to Receive Proposals from School Authorities	4
	Proposals for Lease	5
	Offers	6
	Expressions of Interest and Offers	6-9
	Acceptance of Offers	10
	Acceptance of Offers	10-11
	Disposition to Others after Proposal Process	12
	Miscellaneous	13-14
Schedule

Part I
Dispositions for specified Services and Grants of Easements

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;

(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.

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

(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).

Note: On September 1, 2016, the Regulation is amended by adding the following section : (See: O. Reg. 115/16, s. 2)

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”) O. Reg. 115/16, s. 2.

(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

2.1 Revoked: O. Reg. 290/08, s. 1.

3. (1) An English-language public district school board shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 3 (1) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (1))

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.

1. The French-language public district school board the area of jurisdiction of which includes the property.

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.

4. The board of a Protestant separate school the area of jurisdiction of which includes the property.

Note: On September 1, 2016, subsection 3 (1) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (1))

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.

5. The English language college, within the meaning of Regulation 771 of the Revised Regulations of Ontario, 1990 as that regulation read immediately before it was revoked by Ontario Regulation 36/03, for the area in which the property is located.

6. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

i. 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,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, subparagraph 6 iii of subsection 3 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 3 (2))

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

6.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 6 i, ii and iii.

7. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 7 of subsection 3 (1) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 3 (3))

Note: On September 1, 2016, subsection 3 (1) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (4))

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.

8. The Crown in right of Ontario.

9. The municipality in which the property is located.

10. If the property is located in an upper-tier municipality, that upper-tier municipality.

11. If the property is located in the geographical area within which a local services board may exercise its jurisdiction, the local services board.

Note: On September 1, 2016, subsection 3 (1) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 3 (4))

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

12. The Crown in right of Canada. O. Reg. 444/98, s. 3 (1); O. Reg. 303/03, s. 2 (1); O. Reg. 146/04, s. 2 (1, 2); O. Reg. 415/05, s. 1 (1); O. Reg. 290/08, s. 2 (1).

(2) A French-language public district school board shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 3 (2) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (5))

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.

1. The English-language public district school board the area of jurisdiction of which includes the property.

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

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

4. The board of a Protestant separate school the area of jurisdiction of which includes the property.

Note: On September 1, 2016, subsection 3 (2) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (5))

4.1 All facilities that,

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

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.

5. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, subparagraph 5 iii of subsection 3 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 3 (6))

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

5.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 5 i, ii and iii.

6. The English language college, within the meaning of Regulation 771 of the Revised Regulations of Ontario, 1990 as that regulation read immediately before it was revoked by Ontario Regulation 36/03, for the area in which the property is located.

7. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 7 of subsection 3 (2) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 3 (7))

Note: On September 1, 2016, subsection 3 (2) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (8))

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.

8. The Crown in right of Ontario.

9. The municipality in which the property is located.

10. If the property is located in an upper-tier municipality, that upper-tier municipality.

11. If the property is located in the geographical area within which a local services board may exercise its jurisdiction, the local services board.

Note: On September 1, 2016, subsection 3 (2) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 3 (8))

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

12. The Crown in right of Canada. O. Reg. 444/98, s. 3 (2); O. Reg. 303/03, s. 2 (2); O. Reg. 146/04, s. 2 (3, 4); O. Reg. 415/05, s. 1 (2); O. Reg. 290/08, s. 2 (2).

(3) An English-language separate district school board shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 3 (3) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (9))

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.

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

2. The English-language public district school board or the board of district school area the area of jurisdiction of which includes the property.

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

4. The board of a Protestant separate school the area of jurisdiction of which includes the property.

Note: On September 1, 2016, subsection 3 (3) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (9))

4.1 All facilities that,

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

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. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, subparagraph 6 iii of subsection 3 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 3 (10))

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

6.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 6 i, ii and iii.

7. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 7 of subsection 3 (3) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 3 (11))

Note: On September 1, 2016, subsection 3 (3) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (12))

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.

8. The Crown in right of Ontario.

9. The municipality in which the property is located.

10. If the property is located in an upper-tier municipality, that upper-tier municipality.

11. If the property is located in the geographical area within which a local services board may exercise its jurisdiction, the local services board.

Note: On September 1, 2016, subsection 3 (3) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 3 (12))

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

12. The Crown in right of Canada. O. Reg. 444/98, s. 3 (3); O. Reg. 303/03, s. 2 (3); O. Reg. 146/04, s. 2 (5, 6); O. Reg. 415/05, s. 1 (3); O. Reg. 290/08, s. 2 (3).

(4) A French-language separate district school board shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 3 (4) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (13))

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.

1. The English-language separate district school board the area of jurisdiction of which includes the property.

2. The French-language public district school board or the board of a district school area the area of jurisdiction of which includes the property.

3. The English-language public district school board the area of jurisdiction of which includes the property.

4. The board of a Protestant separate school the area of jurisdiction of which includes the property.

Note: On September 1, 2016, subsection 3 (4) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (13))

4.1 All facilities that,

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

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.

5. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, subparagraph 5 iii of subsection 3 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 3 (14))

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

5.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 5 i, ii and iii.

7. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 7 of subsection 3 (4) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 3 (15))

Note: On September 1, 2016, subsection 3 (4) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 3 (16))

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.

8. The Crown in right of Ontario.

9. The municipality in which the property is located.

10. If the property is located in an upper-tier municipality, that upper-tier municipality.

11. If the property is located in the geographical area within which a local services board may exercise its jurisdiction, the local services board.

Note: On September 1, 2016, subsection 3 (4) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 3 (16))

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

12. The Crown in right of Canada. O. Reg. 444/98, s. 3 (4); O. Reg. 303/03, s. 2 (4); O. Reg. 146/04, s. 2 (7, 8); O. Reg. 415/05, s. 1 (4); O. Reg. 290/08, s. 2 (4).

(5) Revoked: O. Reg. 415/05, s. 1 (5).

Note: On September 1, 2016, section 3 of the Regulation is amended by adding the following subsections: (See: O. Reg. 115/16, s. 3 (17))

(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. O. Reg. 115/16, s. 3 (17).

(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. O. Reg. 115/16, s. 3 (17).

(6) A body mentioned in paragraph 9 or 10 of subsection (1), (2), (3) or (4) to which a proposal is issued may refer the proposal to any of its local boards, not including a school board. O. Reg. 444/98, s. 3 (6); O. Reg. 415/05, s. 1 (6).

(7) The Crown in right of Ontario may refer the proposal to any agency, board or commission of the Crown in right of Ontario. O. Reg. 444/98, s. 3 (7).

Note: On September 1, 2016, section 3 of the Regulation is amended by adding the following subsection: (See: O. Reg. 115/16, s. 3 (17))

(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. O. Reg. 115/16, s. 3 (17).

(8) The Crown in right of Canada may refer the proposal to any agency, board or commission of the Crown in right of Canada. O. Reg. 444/98, s. 3 (8).

Bodies to Receive Proposals from School Authorities

4. (1) A board of a district school area shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 4 (1) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (1))

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.

1. A board of a secondary school district established under section 67 of the Act the area of jurisdiction of which includes the property.

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.

Note: On September 1, 2016, subsection 4 (1) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (1))

3.1 All facilities that,

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

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.

4. The English language college, within the meaning of Regulation 771 of the Revised Regulations of Ontario, 1990 as that regulation read immediately before it was revoked by Ontario Regulation 36/03, for the area in which the property is located.

5. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, subparagraph 5 iii of subsection 4 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 4 (2))

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

5.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 5 i, ii and iii.

6. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 6 of subsection 4 (1) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 4 (3))

Note: On September 1, 2016, subsection 4 (1) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (4))

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.

7. The Crown in right of Ontario.

8. The municipality in which the property is located.

9. If the property is located in an upper-tier municipality, that upper-tier municipality.

10. If the property is located in the geographical area within which a local services board may exercise its jurisdiction, the local services board.

Note: On September 1, 2016, subsection 4 (1) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 4 (4))

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

11. The Crown in right of Canada. O. Reg. 444/98, s. 4 (1); O. Reg. 535/00, s. 4 (1); O. Reg. 303/03, s. 3 (1); O. Reg. 146/04, s. 3 (1, 2); O. Reg. 415/05, s. 2 (1); O. Reg. 290/08, s. 3 (1).

(2) A board of a secondary school district established under section 67 of the Act shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 4 (2) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (5))

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.

1. A board of a district school area the area of jurisdiction of which includes the property.

2. The Roman Catholic school authority the area of jurisdiction of which includes the property.

Note: On September 1, 2016, paragraph 2 of subsection 4 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 4 (6))

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

3. The English language college, within the meaning of Regulation 771 of the Revised Regulations of Ontario, 1990 as that regulation read immediately before it was revoked by Ontario Regulation 36/03, for the area in which the property is located.

Note: On September 1, 2016, paragraph 3 of subsection 4 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 4 (6))

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

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.

4. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, paragraph 4 of subsection 4 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 4 (7))

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

4.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 4 i, ii and iii.

Note: On September 1, 2016, paragraph 4.1 of subsection 4 (2) of the Regulation is revoked. (See: O. Reg. 115/16, s. 4 (7))

5. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 5 of subsection 4 (2) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 4 (8))

Note: On September 1, 2016, subsection 4 (2) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (9))

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.

6. The Crown in right of Ontario.

7. The municipality in which the property is located.

8. If the property is located in the geographical area within which a local services board may exercise its jurisdiction, the local services board.

Note: On September 1, 2016, subsection 4 (2) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 4 (9))

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

9. The Crown in right of Canada. O. Reg. 444/98, s. 4 (2); O. Reg. 535/00, s. 4 (2); O. Reg. 146/04, s. 3 (3, 4); O. Reg. 415/05, s. 2 (2); O. Reg. 290/08, s. 3 (2).

(3) A Roman Catholic school authority shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 4 (3) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (10))

1. A board of a secondary school district established under section 67 of the Act the area of jurisdiction of which includes the property.

2. The English-language public district school board or the board of a district school area the area of jurisdiction of which includes the property.

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

Note: On September 1, 2016, subsection 4 (3) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (10))

3.1 All facilities that,

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

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.

5. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, subparagraph 5 iii of subsection 4 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 4 (11))

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

5.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 5 i, ii and iii.

6. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 6 of subsection 4 (3) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 4 (12))

Note: On September 1, 2016, subsection 4 (3) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (13))

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.

7. The Crown in right of Ontario.

8. The municipality in which the property is located.

9. If the property is located in an upper-tier municipality, that upper-tier municipality.

10. If the property is located in the geographical area within which a local services board may exercise its jurisdiction, the local services board.

Note: On September 1, 2016, subsection 4 (3) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 4 (13))

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

11. The Crown in right of Canada. O. Reg. 444/98, s. 4 (3); O. Reg. 535/00, s. 4 (3); O. Reg. 303/03, s. 3 (2); O. Reg. 146/04, s. 3 (5, 6); O. Reg. 415/05, s. 2 (3); O. Reg. 290/08, s. 3 (3).

(4) A board of a Protestant separate school shall issue a proposal to sell, lease or otherwise dispose of the real property to each of the following bodies on the same day:

Note: On September 1, 2016, subsection 4 (4) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (14))

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.

0.4 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.

1. The English-language public district school board the area of jurisdiction of which includes the property.

2. The French-language public district school board the area of jurisdiction of which includes the property.

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

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

Note: On September 1, 2016, subsection 4 (4) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (14))

4.1 All facilities that,

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

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. The college known as Collège d’arts appliqués et de technologie La Cité collégiale, if the property is located in the geographic area of,

ii. the upper-tier municipalities of Renfrew; Lanark; Prescott and Russell; Leeds and Grenville; or Stormont, Dundas and Glengarry, or

iii. the local municipality of Ottawa.

Note: On September 1, 2016, subparagraph 6 iii of subsection 4 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 4 (15))

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

6.1 The college known as Collège Boréal d’arts appliqués et de technologie, if the property is located anywhere other than in the geographic areas listed in subparagraphs 6 i, ii and iii.

7. The university named in the Schedule the head office of which is nearest to the property.

Note: On September 1, 2016, paragraph 7 of subsection 4 (4) of the Regulation is amended by striking out “the Schedule” and substituting “Schedule 1”. (See: O. Reg. 115/16, s. 4 (16))

Note: On September 1, 2016, subsection 4 (4) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 115/16, s. 4 (17))

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.

8. The Crown in right of Ontario.

8.1 Revoked: O. Reg. 415/05, s. 2 (4).

9. The municipality in which the property is located.

10. If the property is located in an upper-tier municipality, that upper-tier municipality.

Note: On September 1, 2016, subsection 4 (4) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 115/16, s. 4 (17))

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

11. The Crown in right of Canada. O. Reg. 444/98, s. 4 (4); O. Reg. 303/03, s. 3 (3); O. Reg. 146/04, s. 3 (7, 8); O. Reg. 415/05, s. 2 (4); O. Reg. 290/08, s. 3 (4).

(5) Revoked: O. Reg. 415/05, s. 2 (5).

Note: On September 1, 2016, section 4 of the Regulation is amended by adding the following subsections: (See: O. Reg. 115/16, s. 4 (18))

(6) A body mentioned in paragraph 8 or 9 of subsection (1), paragraph 7 of subsection (2), paragraph 8 or 9 of subsection (3) or paragraph 9 or 10 of subsection (4) to which a proposal is issued may refer the proposal to any of its local boards, not including a school board. O. Reg. 415/05, s. 2 (6).

(7) The Crown in right of Ontario may refer the proposal to any agency, board or commission of the Crown in right of Ontario. O. Reg. 444/98, s. 4 (7).

Note: On September 1, 2016, section 4 of the Regulation is amended by adding the following subsection: (See: O. Reg. 115/16, s. 4 (18))

(8) The Crown in right of Canada may refer the proposal to any agency, board or commission of the Crown in right of Canada. O. Reg. 444/98, s. 4 (8).

Proposals for Lease

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.

Offers

6. 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 make an offer to the board in response to the proposal. O. Reg. 444/98, s. 6.

Note: On September 1, 2016, section 6 of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, 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;

(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 sale or lease of property on which there is a building that is used or was last used for providing pupil accommodation, if,

(a) the body making the offer is a board; or

(b) the purpose of the body making the offer is to acquire the property in order to use the building to accommodate pupils in,

(i) an elementary school program or program leading to a secondary school diploma in a school established or continued under section 13 of the Act, or

(ii) an education program that, under the legislative grant regulations made under subsection 234 (1) of the Act, would be considered in determining a board’s facilities amount. O. Reg. 444/98, s. 8 (1); O. Reg. 146/04, s. 4 (1).

(2) An offer to which this section applies must be for sale or lease at the lesser of fair market value and,

(a) in the case of property on which there is a building that is used or was last used for providing accommodation for elementary school pupils, an amount calculated in accordance with subsection (3); or

(b) in the case of property on which there is a building that is used or was last used for providing accommodation for secondary school pupils, an amount calculated in accordance with subsection (4). O. Reg. 444/98, s. 8 (2); O. Reg. 415/05, s. 4 (1).

(3) The amount referred to in clause (2) (a) shall be calculated as follows:

1. Determine the elementary capacity of the property by applying the most recent loadings determined by the Minister for the purpose of pupil accommodation allocations under the legislative grant regulations made under subsection 234 (1) of the Act to those spaces in the property that are used or were last used for providing accommodation for elementary school pupils.

2. Multiply the capacity determined under paragraph 1 by 9.7 square metres.

3. Revoked: O. Reg. 363/10, s. 1 (2).

4. Until August 31, 2010, multiply the product obtained under paragraph 2 by,

i. $1,660.25 per square metre, in the case of a proposal for sale, or

ii. $120.77 per square metre, in the case of a proposal for lease.

5. On and after September 1, 2010, multiply the product obtained under paragraph 2 by,

i. $1,776.47 per square metre, in the case of a proposal for sale, or

ii. $120.77 per square metre, in the case of a proposal for lease. O. Reg. 444/98, s. 8 (3); O. Reg. 146/04, s. 4 (2, 3); O. Reg. 415/05, s. 4 (2); O. Reg. 363/10, s. 1 (1-4).

(4) The amount referred to in clause (2) (b) shall be calculated as follows:

1. Determine the secondary capacity of the property, by applying the most recent loadings determined by the Minister for the purpose of the pupil accommodation allocations under the legislative grant regulations made under subsection 234 (1) of the Act to those spaces in the property that are used or were last used for providing accommodation for secondary school pupils.

2. Multiply the capacity determined under paragraph 1 by 12.07 square metres.

3. Revoked: O. Reg. 363/10, s. 1 (5).

4. Until August 31, 2010, multiply the product obtained under paragraph 2 by,

i. $1,811.20 per square metre, in the case of a proposal for sale, or

ii. $131.75 per square metre, in the case of a proposal for lease.

5. On and after September 1, 2010, multiply the product obtained under paragraph 2 by,

i. $1,937.98 per square metre, in the case of a proposal for sale, or

ii. $131.75 per square metre, in the case of a proposal for lease. O. Reg. 444/98, s. 8 (4); O. Reg. 146/04, s. 4 (4, 5); O. Reg. 415/05, s. 4 (3); O. Reg. 363/10, s. 1 (5-7).

Note: On September 1, 2016, section 8 of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 5)

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

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. O. Reg. 444/98, s. 10 (1).

(2) At the expiration of the 90-day period referred to in subsection (1), the only offer that the board may accept, subject to subsections (3) and (4), is an offer that,

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

(b) is made by the body that, in accordance with subsection (5), has the highest priority among the bodies that made offers. O. Reg. 444/98, s. 10 (2); O. Reg. 415/05, s. 6 (1).

(3) If the body that, in accordance with subsection (5), has the highest priority among the bodies that made offers and the board disagree on the fair market value of the property,

(a) they shall attempt, within 30 days of the 90-day period referred to in subsection (1), to negotiate the fair market value and the body shall amend its offer to reflect the agreed value;

(b) if they cannot agree under clause (a) on the fair market value, the body making the offer may, at or before the termination of the 30-day period referred to in clause (a),

(i) withdraw its offer, or

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

(c) if no price is agreed to under clause (a) at the termination of the 30-day period referred to in clause (a) or the body withdraws its offer or does not elect binding arbitration under clause (b), the board may consider instead the offer made by the body that, in accordance with subsection (5), has the next highest priority and whose offer complies with clause (2) (a). O. Reg. 444/98, s. 10 (3).

(4) Subsection (3) applies to each subsequent offer that the board considers under clause (3) (c) except that the reference to the 90-day period shall be read as the day on which the board acts under clause (3) (c). O. Reg. 444/98, s. 10 (4).

(5) 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. Revoked: O. Reg. 415/05, s. 6 (2).

3. A body that receives a referral from another body under subsection 3 (6), (7) or (8) or 4 (6), (7) 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, priorities among those bodies shall be determined by the body that referred the proposal to them. O. Reg. 444/98, s. 10 (5); O. Reg. 415/05, s. 6 (2).

Note: On September 1, 2016, section 10 of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 5)

Acceptance of Offers

(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). O. Reg. 115/16, s. 5.

(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. O. Reg. 115/16, s. 5.

(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. O. Reg. 115/16, s. 5.

(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. O. Reg. 115/16, s. 5.

(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. O. Reg. 115/16, s. 5.

(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,

(8) Subsections (2) to (7) apply to each subsequent offer that the board considers. O. Reg. 115/16, s. 5.

(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. O. Reg. 115/16, s. 5.

11. (1) An agreement for the sale or lease of real property to which section 8 applies shall include a condition that 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 within the 25 years after the sale or the commencement of the lease,

(a) in the case of a sale, the body shall offer the property for sale to the board from which it purchased the site or part at the price the board from which it was purchased sold it to the body, within the time specified in the agreement; and

(b) in the case of a lease, the lease is terminated on the day specified in the agreement. O. Reg. 444/98, s. 11 (1).

(2) An offer for the sale of property under clause (1) (a) or the resulting sale, or the termination of a lease under clause (1) (b), is not a closing of the school. O. Reg. 444/98, s. 11 (2).

(3) This section applies only where the calculated amount referred to in subsection 8 (2) is less than the fair market value of the property at the time of the issuance of the proposal. O. Reg. 444/98, s. 11 (3).

Note: On September 1, 2016, section 11 of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 5)

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) If a board does not receive an offer from a body to which a proposal is issued or referred under section 3 or 4 before the expiration of the 90-day period referred to in subsection 10 (1) that complies with section 7 or 8, as the case may be, the board may, subject to subsections (2) and (3), sell, lease or otherwise dispose of the property at fair market value to any other body or to any person. O. Reg. 444/98, s. 12 (1); O. Reg. 415/05, s. 7 (1).

Note: On September 1, 2016, subsection 12 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 6 (1))

(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 offer was received by the board from a body to which the proposal was issued or referred under section 3 or 4 before the expiration of the 90-day period referred to in subsection 10 (1) that complies with section 7 or 8 as the case may be. O. Reg. 444/98, s. 12 (3); O. Reg. 415/05, s. 7 (2).

Note: On September 1, 2016, subsection 12 (3) (b) of the Regulation is revoked and the following substituted: (See: O. Reg. 115/16, s. 6 (2))

(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.

(4) For the purposes of subsections (1) and (3), the reference to compliance with section 7 or 8 means as determined under subsections 10 (3) and (4) if those provisions were applied in the case of the offer. O. Reg. 444/98, s. 12 (4); O. Reg. 415/05, s. 7 (3).

Note: On September 1, 2016, subsection 12 (4) of the Regulation is revoked. (See: 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 90-day period referred to in subsection 10 (1), 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.

Note: On September 1, 2016, 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)”. (See: 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.

Note: On September 1, 2016, the Regulation is amended by adding the following section: (See: O. Reg. 115/16, s. 8)

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.

Schedule

Note: On September 1, 2016, the Schedule to the Regulation is amended by striking out the heading to the Schedule and substituting the following: (See: O. Reg. 115/16, s. 9)

Schedule 1
Universities

Note: On September 1, 2016, the Schedule to the Regulation is amended by adding “Algoma University”. (See: O. Reg. 115/16, s. 9)

Brock University

Carleton University

Lakehead University

Laurentian University of Sudbury/Université Laurentienne de Sudbury

Note: On September 1, 2016, the Schedule to the Regulation is amended by striking out “Laurentian University of Sudbury/Université Laurentienne de Sudbury” and substituting “Laurentian University of Sudbury”. (See: O. Reg. 115/16, s. 9)

McMaster University

Nipissing University

Ontario College of Art and Design

Note: On September 1, 2016, the Schedule to the Regulation is amended by striking out “Ontario College of Art and Design” and substituting “Ontario College of Art & Design University”. (See: O. Reg. 115/16, s. 9)

Queen’s University at Kingston

Ryerson Polytechnic University

Note: On September 1, 2016, the Schedule to the Regulation is amended by striking out “Ryerson Polytechnic University” and substituting “Ryerson University”. (See: O. Reg. 115/16, s. 9)

The University of Western Ontario

Trent University

University of Guelph

University of Ontario Institute of Technology

University of Ottawa/Université d’Ottawa

University of Toronto

University of Waterloo

University of Windsor

Wilfrid Laurier University

York University

O. Reg. 444/98, Sched.; O. Reg. 415/05, s. 8.

Note: On September 1, 2016, the Regulation is amended by adding the following Schedules: (See: O. Reg. 115/16, s. 10)

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

O. Reg. 115/16, s. 10.

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

O. Reg. 115/16, s. 10.

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

O. Reg. 115/16, s. 10.

O. Reg. 444/98: DISPOSITION OF SURPLUS REAL PROPERTY

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