This archived statute consolidation is current to May 14, 2001 and includes changes enacted and in force by that date. For the most current information, click here.

SCHOOL ACT — Continued
[RSBC 1996] CHAPTER 412

Part 7 — School Property

Division 1 — Acquisition and Disposal of Land and Improvements

Acquisition and disposal of land

96 (1) In this section, "land" includes any interest in land, including any right, title or estate in it of any tenure.

(2) A board may, for educational purposes, including the provision of housing accommodation for students or employees, board offices and outdoor activities or for the purposes of section 98 (2),

(a) acquire and hold land or improvements, or both, within its school district,

(b) with the approval of the minister, acquire and hold land or improvements, or both, in another school district, and

(c) expropriate land or improvements, or both, within its school district.

(3) Subject to the orders of the minister, the board may, with the approval of the minister, dispose of land or improvements, or both.

Assets in board's name

97 (1) Unless otherwise approved by the minister, a board may acquire assets only in its name.

(2) Assets that are used by the board and that are vested in a municipality may, by agreement between the board and the municipality, be transferred without charge to the board or remain vested in the municipality.

(3) A board may incur liabilities only in its name.

Sites

98 (1) The construction by a board of a new building must not be started unless

(a) title to the site for the new building is held by the board, or

(b) use of the site is approved by the minister.

(2) A board, with the minister's prior approval, may enter into an agreement with municipalities or regional districts that are located in or located in part of the school district or with other persons for the purposes of

(a) constructing, maintaining, operating or using jointly, or

(b) contributing to the cost of the construction, maintenance or operation of

facilities for joint board and community use.

(3) If an agreement has been entered into under subsection (2), expenses of the board for the maintenance or operation of the facilities form part of the operating expenses of the board, except that portion of the expenses that apply to community use, which must be accounted for through a trust fund established under section 156 (3).

Grants of Crown land

99 (1) The Lieutenant Governor in Council may grant Crown land in a school district to the board of the school district, in trust for educational purposes and as a site for a school building, housing accommodation for students or employees or board offices.

(2) Crown land granted under subsection (1) must be held by the board in trust for educational purposes and must not be disposed of except with the consent of and on terms and conditions first approved by the Lieutenant Governor in Council.

(3) If the land granted under subsection (1) is no longer required for those educational purposes, the minister may notify the registrar of the land title district in which the land is located, and the registrar must then cancel the registration of the board's title on the records of the land title office.

Disposition of proceeds on alienation

100 If a board receives money in respect of the disposition of any asset that was the subject of a capital expense,

(a) if the capital expense was a capital plan expense or if the minister paid for all or part of the asset under a former Act, the money must be placed in the board's capital reserve,

(b) if the capital expense was a local capital expense or if the asset was not paid for in whole or in part by the minister under a former Act, the money must be placed in the board's local capital reserve, and

(c) if the capital expense was an annual capital expense, the money must be placed in the board's capital reserve.

School sites under the Local Government Act

101 (1) If money is provided to a board by a local government under section 937.9 (1) of the Local Government Act, or money is received as proceeds of a sale of land provided to the school board under section 937.6 or transferred to the board under section 937.9 (2) of that Act, the board must, immediately after receipt of the money, deposit it in a land capital reserve trust fund in the board's name established for that purpose.

(2) The land capital reserve trust fund established under subsection (1) must be kept separate from the other accounts held in the board's name.

(3) A board may only use money provided from a local government under section 937.9 (1) of the Local Government Act, or received as proceeds of a sale of land provided to the school board under section 937.6 or transferred to the board under section 937.9 (2) of that Act,

(a) for the acquisition of land to meet the board's eligible school site requirements, as defined in section 937.2, of that Act,

(b) to pay administration fees and disbursements authorized by a regulation made under section 937.91 (i) of that Act, and

(c) to pay any disbursements related to the sale, transfer or subdivision of land received under Division 10.1 of Part 26 of that Act.

Division 2 — School District Housing

Authority to provide housing

102 A board may provide housing accommodation for its employees only if the minister grants prior approval.

Housing expense is a local capital expense

103 If the minister grants approval to a board to provide housing accommodation under section 102, the amount to be raised by the board for that purpose is a local capital expense.

Financing

104 A board must not mortgage any land or improvements other than the land and improvements acquired for housing accommodation for its employees under this Division.

Rent

105 (1) If a board provides housing accommodation for employees, the board must

(a) establish a trust account, and

(b) account for expenses and revenue relating to the housing accommodation as specified by the minister.

(2) The board must determine and set the rent to be charged in respect of each unit of housing accommodation by dividing the total estimated expenses of the housing accommodation, including

(a) amounts payable by the board for interest and principal,

(b) taxes and other levies,

(c) service charges,

(d) repairs and maintenance, and

(e) other operational expenses,

by the number of units of housing accommodation, whether occupied or not.

(3) If in any year the board is unable to rent all the housing accommodation to its employees, the board may rent the accommodation to other persons on the same terms and conditions as apply to its employees for so long as the accommodation is not required by those employees.

(4) A loss arising from the operation of housing accommodation must be included in the estimates under section 111 for the following fiscal year.

(5) The amount payable for interest and principal on a mortgage under section 104 is a first charge on the amount of rent received by the board with respect to the housing accommodation.

Application of Division

106 Unless the minister otherwise orders, this Division applies to housing accommodation acquired by a board under this or a former Act.

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Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada