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This Act is current to June 18, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

School Act

[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) subject to subsection (2.1), expropriate land or improvements, or both, within its school district.

(2.1) A board must not exercise a power under subsection (2) (c) to expropriate land or improvements from a francophone education authority.

(3) Subject to the orders of the minister, the board may 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 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(3) [Repealed 2004-17-4.]

Reports to minister

98.1   A board or a francophone education authority must, in accordance with the orders of the minister, provide records and information to the minister respecting land and improvements owned or leased by the board or the francophone education authority.

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   (1) In this section:

"board's contribution" means the percentage of the capital expenditure that was a local capital expenditure or was not paid for by the minister under a former Act;

"capital expenditure" does not include an annual facility expenditure;

"minister's contribution" means the percentage of the capital expenditure that was not a board's contribution.

(2) Subject to subsection (3), if a board receives money in respect of the disposition of any asset that was the subject of a capital expenditure, the money must be allocated between the board and the minister according to the board's contribution and the minister's contribution to the capital expenditure.

(3) The minister may allocate the money between the minister and the board if

(a) the minister is not able to determine the board's contribution or the minister's contribution to the capital expenditure, or

(b) in the opinion of the minister, the allocation under subsection (2) is not appropriate in the circumstances.

(4) Money allocated to the minister must be used by the board only

(a) for capital projects, and

(b) with the minister's approval.

(5) Money allocated to the board must be used by the board only for capital projects.

Disposition of proceeds from a lease

100.1   Despite section 100, the board may allocate the money received in respect of a lease to either operating or capital expenditures if the lease

(a) is for a term, including the cumulative total of all options and rights to extend or renew the lease, of not more than 5 years, and

(b) does not provide for an option or right to purchase.

School sites under the Local Government Act

101   (1) and (2) [Repealed 2004-17-7.]

(3) A board may only use money provided from a local government under section 580 (1) of the Local Government Act, or received as proceeds of a sale of land provided to the board under section 577 or transferred to the board under section 580 (2) of that Act,

(a) for the acquisition of land to meet the board's eligible school site requirements, as defined in section 571, of that Act,

(b) to pay administration fees and disbursements authorized by a regulation made under section 581 (h) of that Act, and

(c) to pay any disbursements related to the sale, transfer or subdivision of land received under Division 20 of Part 14 of that Act.

Division 1.1 — Transfer of Land to Francophone Education Authority

Definitions

101.1   In this Division:

"designated land" means land that has been designated by the minister under section 101.2;

"designation order" means an order made under section 101.2 (1);

"land title office" has the same meaning as in the Land Title Act;

"register" has the same meaning as in the Land Title Act;

"registrar" has the same meaning as in the Land Title Act;

"transfer" has the same meaning as in the Land Title Act.

Minister may designate land for transfer

101.2   (1) The minister may, with the prior approval of the Lieutenant Governor in Council, make an order designating for transfer to a francophone education authority land that is owned by a board in fee simple.

(2) The minister must not make a designation order unless the minister is satisfied that the transfer of the designated land is necessary to give effect to section 23 of the Canadian Charter of Rights and Freedoms by providing space and facilities for francophone educational programs.

(3) The minister may file notice of a designation order with the registrar of the land title office.

(4) If the minister makes a designation order, or rescinds a designation, in respect of land owned by a board, the minister must notify the board.

Registrar must make notation against title

101.3   (1) If the minister files notice of a designation order with the registrar of the land title office under section 101.2 (3), the registrar must make a notation of the filing in the proper register against the title to the designated land.

(2) The minister must notify the registrar without delay if the minister rescinds a designation made under section 101.2 (1) in respect of which a notation has been made.

(3) If the registrar receives notice from the minister that a designation has been rescinded, the registrar must cancel the notation.

No disposition of interest in designated land without minister's consent

101.4   If the minister has filed notice of a designation order under section 101.2 (3), then, unless the designation is rescinded or written consent of the minister is filed in the land title office,

(a) a board must not transfer, lease or otherwise dispose of the board's interest in the designated land, and

(b) the registrar must not register a transfer, lease or other disposition of the designated land.

Transfer of title

101.5   (1) The minister may apply to the registrar of land titles to transfer to a francophone education authority indefeasible title to the designated land.

(2) An application under subsection (1) does not require the consent of the board that owns the designated land.

(3) In making an application under subsection (1), the minister may act as if the minister were the owner of the designated land, including by taking all steps that are required to convey and transfer the designated land to the francophone education authority.

(4) If the registrar receives an application from the minister under subsection (1), the registrar may act on the application as if the minister were the owner of the designated land.

(5) For the purposes of applying provisions of the Land Title Act or its regulations to an application under this section,

(a) a reference in section 187 [registration of transferee] of the Land Title Act to the applicant is to be read as a reference to the francophone education authority, and

(b) a reference in Part 12 [Transfers] of that Act to a transferor is to be read as a reference to the board that owns the designated land.

Compensation

101.6   (1) If property owned by a board in fee simple is transferred to a francophone education authority under section 101.5, the government must pay compensation in accordance with the regulations.

(2) Compensation is not payable by the government in relation to the filing of notice of a designation order under section 101.2 (3) [minister may designate land for transfer].

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.

Repealed

103   [Repealed 2004-17-7.]

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) [Repealed 2004-17-8.]

(2) If a board provides housing accommodation for employees, the board must determine and set the rent to be charged in respect of each unit of housing accommodation by dividing the total estimated expenditures 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 expenditures,

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) [Repealed 2004-17-8.]

(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.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 6.1 | Part 7 | Part 8 | Part 8.1 | Part 9 | Schedule