ontario regulation 102/25

made under the

Education Act

Made: June 5, 2025
Filed: June 6, 2025
Published on e-Laws: June 6, 2025
Published in The Ontario Gazette: June 21, 2025

Disposal of Real Property under Subsection 194 (6) of the Act

CONTENTS

 

Determining circumstances for disposition

1. (1) For the purposes of subsection 194 (6) of the Act, the Minister may determine that a school site, part of a school site or other property of the board is not needed to meet the board’s current pupil accommodation needs or its pupil accommodation needs for the next 10 years if,

(a)  the Minister is satisfied that,

(i)  the Minister previously approved the board’s plan for pupil accommodation needs or approved the board’s spending or receiving of funds for the purposes of the board’s plan for pupil accommodation needs,

(ii)  the board’s plan for pupil accommodation needs included the disposition of one or more school sites, part of one or more school sites or other property,

(iii)  the board has, since receiving the Minister’s approval, changed the plan for pupil accommodation needs and no longer intends to proceed with the disposition of one or more school sites, part of one or more school sites or other property, and

(iv)  the board’s pupil enrolment data shows that there are buildings that are used or that were last used for providing pupil accommodation within the board’s jurisdiction with capacity to meet the board’s pupil accommodation needs, including through the use of temporary accommodations;

(b)  the board has already identified, through the reports and information required under section 193.1 of the Act, that the school site, part of the school site or other property of the board is not needed to meet the board’s current pupil accommodation needs or its pupil accommodation needs for the next 10 years and the board has been notified that it is required to sell the property under subclause 2 (1) (b) (i) of Ontario Regulation 374/23 (Acquisition and Disposition of Real Property);

(c)  the Minister is satisfied that,

(i)  the board has an accumulated deficit, as defined in the Education Act,

(ii)  the school site, part of the school site or other property of the board is not currently being used for pupil accommodation, and

(iii)  the board’s pupil enrolment data shows that there are buildings that are used or that were last used for providing pupil accommodation within the board’s jurisdiction with capacity to meet the board’s pupil accommodation needs, including through the use of temporary accommodations;

(d)  the Minister is satisfied that,

(i)  the board is leasing the school site, part of the school site or other property to another board, and

(ii)  the pupil enrolment data of the board that is leasing the property to another board shows that there are buildings that are used or that were last used for providing pupil accommodation within the lessor board’s jurisdiction with capacity to meet the lessor board’s pupil accommodation needs, including through the use of temporary accommodations; or

(e)  the Minister is satisfied that,

(i)  the board has two or more buildings that are used or that were last used for providing pupil accommodation located on one property of the board, and

(ii)  the board’s pupil enrolment data shows that one of the buildings has the capacity to meet the board’s pupil accommodation needs.

(2) Subject to subsection (3), if the Minister is satisfied that the circumstances set out in clause (1) (a), (b), (c), (d) or (e) exist with respect to a school site, part of a school site or other property of the board, the Minister may direct the board to dispose of the school site, part of the school site or other property.

(3) The Minister shall review and consider any additional information related to the circumstances referred to in subsection (1) with respect to the board’s pupil accommodation needs before directing the disposition of a school site, part of a school site or other property.

Disposition

2. (1) If the Minister directs a board to dispose of a property under subsection 1 (2), the board shall sell the property, in accordance with this section.

(2) The Minister shall,

(a)  identify the person or body to whom the property must be offered; or

(b)  inform the board that it may offer it to any person or body.

(3) For the purposes of clause (2) (a), when identifying the person or body to whom the property must be offered, the Minister shall consider the following classes of persons or bodies, in the following order of priority:

1.  School boards.

2.  The Crown in right of Ontario.

3.  Persons or bodies who require the property in order to achieve such provincial priorities as have been identified for the purpose.

(4) If the Minister identifies a person or body under clause (2) (a), the Minister shall, at the same time as it directs the board under subsection (1), give notice to that person or body.

(5) A disposition of a property under this section must be at fair market value.

Offer to acquire

3. (1) The board disposing of property under section 2 and the person or body to whom an offer is made shall have 90 days from the day the Minister directs the board to dispose of the property to enter into an agreement for the disposition of the property.

(2) The board and the person or body may agree to extend the time for entering into an agreement for an additional 90 days.

(3) The board shall notify the Minister of any of the following events within 14 days of it occurring:

1.  That an agreement has been reached.

2.  That the board and the person or body have agreed under subsection (2) to extend the time for entering into an agreement for an additional 90 days.

3.  That the board and the person or body did not reach an agreement for the disposition of the property within the specified time.

(4) Upon receiving notice under paragraph 3 of subsection (3), the Minister may inform the board and the person or body that the Minister is extending the time to enter into an agreement for a specified period.

(5) If the time to enter into an agreement is extended under subsection (4), the board shall give notice of the events described in paragraphs 1 and 3 of subsection (3) in accordance with that subsection.

(6) Upon receiving notice under paragraph 3 of subsection (3) but subject to any extension of time under subsection (4), the Minister shall respond to the board in one of the following ways:

1.  Inform the board that it must dispose of the property but may offer it to any person or body.

2.  Inform the board that the property must be addressed the next time the board provides reports and information to the Minister under section 193.1 of the Act.

(7) At any time during the time periods described in subsection (1), (2) or (4), the person or body may elect to have the fair market value to be used for the purpose of the disposition determined through binding arbitration.

Commencement

4. This Regulation comes into force on the day it is filed.