I-13.3, r. 7 - Regulation respecting the norms, conditions and procedure for disposing of an immovable of a school service centre

Updated to 15 June 2020

This document has official status.

chapter I-13.3, r. 7

Regulation respecting the norms, conditions and procedure for disposing of an immovable of a school service centre

Education Act

(chapter I-13.3, s. 452).

On 10 August 2020, the Superior Court ordered a stay of the application of the Act to amend mainly the Education Act with regard to school organization and governance (S.Q. 2020, c. 1) to English language school boards until a judgment is rendered on the merits of the application for judicical review challenging the validity of certain provisions of the Act.

See also the Regulation respecting the postponement of the designation and taking office of members of school service centres’ boards of directors and the coming into force of certain provisions, O.C. 522-2020, 2020 G.O. 2, 1391A.

O.C. 471-2004; S.Q. 2020, c. 1, s. 312.

CHAPTER I DEFINITIONS AND SCOPE

1. For the purposes of this Regulation,

(1)  “value” means the standardized assessment of an immovable obtained by multiplying the values entered on the assessment roll of a municipality for the immovable by the comparative factor established for the roll under section 264 of the Act respecting municipal taxation (chapter F-2.1);

(2)  “school service centre” means a school service centre and the Comité de gestion de la taxe scolaire de l’île de Montréal.

O.C. 471-2004, s. 1.

2. This Regulation does not apply to a servitude granted by a school service centre where the consideration does not exceed $20,000.

O.C. 471-2004, s. 2.

CHAPTER II DISPOSAL OF AN IMMOVABLE HAVING A VALUE EXCEEDING $100,000

DIVISION I AUTHORIZATION OF THE MINISTER

3. A school service centre must obtain authorization from the Minister of Education, Recreation and Sports to dispose of an immovable having a value exceeding $100,000.

O.C. 471-2004, s. 3.

DIVISION II DISPOSAL BY PUBLIC TENDER

4. The disposal of an immovable of a school service centre having a value exceeding $100,000 must be made through a public call for tenders. Notwithstanding the foregoing, if the immovable is enclosed, it may be disposed of through a written invitation to tender to the owners of the adjacent immovables or, if only 1 owner is concerned, by agreement.

O.C. 471-2004, s. 4.

5. A public 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 where 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 school service centre is not bound to accept any tender.

The disposal following a public call for tenders shall be made in favour of the tenderer who presented the highest conforming tender.

O.C. 471-2004, s. 5.

6. A school service centre may not dispose of an immovable for less than its value. Notwithstanding the foregoing, where all the bids received are below the value of the immovable,

(1)  the Minister may authorize the school service centre to dispose of the immovable to the highest bidder; or

(2)  the school service centre may, if it does not ask for the authorization referred to in subparagraph 1, 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 school service centre to dispose of the immovable to the highest bidder.

O.C. 471-2004, s. 6.

DIVISION III DISPOSAL BY AGREEMENT TO CERTAIN BODIES

7. Despite section 4, the Minister may authorize a school service centre to dispose of an immovable by agreement, at a nominal price fixed by the Minister, to

(1)  another school service centre whose territory includes all or part of the school service centre’s own territory or is adjacent to it;

(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 for it to acquire and use the immovable for purposes of social housing;

(10)  a body or 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 those 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 contract of sale of a right of first refusal clause in favour of the school service centre, under which the body shall, if it wishes to dispose of the immovable, first offer it to the school service centre at the price the body initially paid.

O.C. 471-2004, s. 7.

DIVISION IV DISPOSAL FOR NON-MONETARY CONSIDERATION

8. Despite sections 4 and 7, the Minister may authorize the disposal of an immovable by agreement to a person offering a non-monetary consideration of a value not less than the value of the immovable.

O.C. 471-2004, s. 8.

CHAPTER III FINAL

9. This Regulation replaces the Regulation respecting the norms, conditions and procedure for disposing of an immovable of a school board (O.C. 37-90, 90-01-17).

O.C. 471-2004, s. 9.

10. (Omitted).

O.C. 471-2004, s. 10.

REFERENCES

O.C. 471-2004, 2004 G.O. 2, 1699

S.Q. 2011, c. 16, s. 244

S.Q. 2013, c. 23, s. 164

S.Q. 2020, c. 1, s. 312