The sale of real estate property by a school board is governed by Regulation 444/98 under the Education Act (Ontario). The regulation reads in part that “a board that has adopted a resolution under clause 194 (3) (a) of the Act that real property is not required for the purposes of the board may sell, lease or otherwise dispose of the property .... ”.
The Greater Essex County District School Board, in accordance with Section 13 of the Regulation, has provided the Executive Director of Housing and Children’s Services with notice of its continued desire to sell the former Harrow District High School property in Harrow, Ontario.
Discussion:
As the Consolidated Municipal Service Manager (CMSM) for both Windsor and Essex County, funded in part by the Ministry of Education, Community Development and Health Services (CDHS) periodically receives offers of surplus properties as required by school boards’ property disposal policies.
Approximately three years ago, the Greater Essex County District School Board declared its Harrow District High School, located in the Town of Essex, as surplus to its needs and attempted to sell it. A sale has not occurred. On September 11, 2020, as required under the Regulations, the Superintendent of Business & Treasurer of the Greater Essex County District School Board sent a letter to the Executive Director of Housing and Children’s Services once again offering the property to the City of Windsor. Although CDHS has no interest in acquiring the property, the Ministry of Education requires that the school board confirm this information with them in writing.
Typically such requests would be circulated to municipal departments by the City’s Real Estate division to determine if any department would be interested in the property. As the former Harrow High School is located outside of the municipal boundaries, the Legal department has advised that the issue should be brought to City Council.
Administration is requesting that the Commissioner of Community Development and Health Services be authorized by City Council to decline such offers of property in Essex County from school boards that are received as per Regulation 444/98. Should any property be located within the municipal boundaries of the City of Windsor, such offers would be handled by the City’s Real Estate division as per the established process. Further, should any property be considered for the City’s use, such a purchase would be presented to Council as per the established process.
Risk Analysis:
There is no risk to the City of Windsor by declining this offer to purchase Harrow High School.
Financial Matters:
There are no financial implications to declining the offer to purchase Harrow High School.