C-29, r. 3 - Regulation respecting the standards, conditions and procedure for alienation of an immovable of a general and vocational college

Full text
chapter C-29, r. 3
Regulation respecting the standards, conditions and procedure for alienation of an immovable of a general and vocational college
CEGEP — STANDARDS FOR ALIENATION OF AN IMMOVABLE
General and Vocational Colleges Act
(chapter C-29, s. 18.0.1).
C-29
September 1 2012
1. For the purposes of this Regulation, the value of an immovable is established according to the following rules.
In the case of an immovable which is a unit of assessment entered on the property assessment roll of a municipality or is part of such a unit the value of which is entered separately on the roll, the value of the immovable is the product obtained by multiplying the value entered on the roll for the immovable by the factor established under section 264 of the Act respecting municipal taxation (chapter F-2.1).
In the case of an immovable which is not a unit of assessment entered on the property assessment roll of a municipality or is not part of such a unit the value of which is entered separately on the roll, the value of the immovable is established by a chartered appraiser.
O.C. 1087-99, s. 1.
2. A general and vocational college must obtain authorization from the Minister to alienate an immovable having a value exceeding $500,000.
O.C. 1087-99, s. 2; S.Q. 2013, c. 28, s. 192.
3. The alienation of an immovable of a college the value of which exceeds $100,000 must be made through a public call for tenders. Notwithstanding the foregoing, if the immovable is enclosed, it may be alienated following a written invitation to tender to the owners of the adjacent immovables or, if only one owner is concerned, by agreement.
O.C. 1087-99, s. 3.
4. A call for tenders shall be published in French
(1)  in a daily newspaper in Québec or Montréal and in a regional weekly newspaper circulated in the region in which the immovable is located; or
(2)  through an electronic tendering system.
The period for receiving tenders may not be less than 4 weeks.
The date, time and place fixed for submitting and opening tenders shall be indicated in the public call for tenders. The opening of tenders shall be public.
The tender documents shall state that the college does not undertake to accept any tender.
O.C. 1087-99, s. 4.
5. A college may not alienate an immovable for less than its value. Notwithstanding the foregoing, where all the bids received are below the value of an immovable:
(1)  the Minister may authorize the alienation of the immovable in favour of the highest bidder; or
(2)  the college may, if it does not ask for the authorization referred to in subparagraph 1 of the first paragraph, entrust the sale of the immovable to a real estate broker.
Where all the bids received by the real estate broker are below the value of the immovable, the Minister may authorize the college to alienate the immovable in favour of the highest bidder.
O.C. 1087-99, s. 5.
6. Notwithstanding section 3, the Minister may authorize a college to alienate an immovable by mutual agreement, at a nominal price fixed by the Minister, in favour of
(1)  a school board or the Comité de gestion de la taxe scolaire de l’île de Montréal;
(2)  a general and vocational college;
(3)  a university;
(4)  a private educational institution accredited for purposes of subsidies in accordance with the Act respecting private education (chapter E-9.1);
(5)  a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2);
(6)  the Société d’habitation du Québec;
(7)  the Société québécoise des infrastructures;
(8)  a local municipality within the meaning of the Act respecting municipal territorial organization (chapter O-9), a regional county municipality or a metropolitan community within whose territory the immovable is located;
(9)  a housing cooperative;
(10)  a body or an institution that is a registered charity for the purposes of the Taxation Act (chapter I-3) or a non-profit organization whose purposes are cultural, scientific, recreational, charitable or social, so that such purposes may be pursued; or
(11)  a childcare centre or a day care centre to which the Educational Childcare Act (chapter S-4.1.1) applies, for the childcare or day care centre to be established there.
Notwithstanding the foregoing, such an authorization is conditional on the insertion in the sale contract of a first refusal clause in favour of the college under which the body shall, if it wishes to alienate the immovable, first offer it to the college at the price the body initially paid.
O.C. 1087-99, s. 6; S.Q. 2002, c. 75.
7. Notwithstanding sections 3 and 6, the Minister may authorize the alienation by mutual agreement of an immovable in favour of a person offering a consideration other than monetary having a value not less than the value of the immovable.
O.C. 1087-99, s. 7.
8. This Regulation does not apply to a servitude granted by a college where the consideration does not exceed $20,000.
O.C. 1087-99, s. 8.
9. (Omitted).
O.C. 1087-99, s. 9.
REFERENCES
O.C. 1087-99, 1999 G.O. 2, 3583
S.Q. 2011, c. 16, s. 244
S.Q. 2013, c. 23, s. 164
S.Q. 2013, c. 28, s. 192