Properties for Sale
As of Sept. 1, 2016 new regulations have come into place under Ont. Reg. 444, we will update this web page shortly.
If you have any questions about HWDSB property for sale, sale process or procedures please look at the Frequently Asked Questions Section.
Section 1 – Vacant Sites Remaining in Board Inventory
The following document outlines the vacant sites owned by the Hamilton Wentworth District School Board:
The Hamilton-Wentworth District School Board owns vacant sites around the City of Hamilton. These may be used as future school locations or be sold at a later date.
Section 2 – Property Disposition Phase 1: Public Information Session
Before a Board-owned site is declared surplus, the Board will engage phase 1 of the Property Disposition Protocol: Public Information Session. This is the key communication period that will officially inform the City of Hamilton and local communities in advance of potential property dispositions.
The following properties are in, or have completed, the public information phase:
Section 3 – Properties Declared Surplus
Should no interest be shown by a preferred agent upon completion of the 90 day period the Board may proceed to dispose of the property on the open market subject to Ministry’s approval.
A) Yet to complete the 90 day circulation to preferred agents- Preferred Agents
B) Have completed or are currently in the 90 day circulation period to preferred agents.
Following the adaption of a resolution that the site or part of property is not required for the purposes of the Board, Ont. Reg. 444 will then be engaged.
A proposal of sale for the property is circulated to the Preferred Agencies. This is a 90- day process. The board is required to satisfy all conditions under the regulation and has no authority to alter, deviate or change the legislative requirements. The following properties have been declared surplus by the Board:
- Jerome Vacant Site Power Point Presentation – Jan 23 2013
- Jerome Site Notice of Intent – Dec. 11 2012
Section 4 – Properties available for Sale
After a Board-owned site completes the 90 day circulation period to preferred agents and does not sell, it may be put up for sale on the open market.
At the conclusion of the 90 day circulation period and having satisfied all requirements under Ontario Regulation 444, if the Board does not receive a Bona Fide “Offer” from a preferred agent, the Board is in a position to dispose of the property at fair market value to any other body or to any person once Ministry approval is granted. If the Board does not sell/ dispose of the property in accordance with the terms set out in the proposal within three years of the expiry of the 90 day period, the Board is required to re- circulate the property. The following properties fall under phase 3- sell on open market:
Section 5 – Properties for Sale or Out to Public Tender
Section 6 – Sold Sites
The following document lists the Board properties sold since amalgamation (1998) to current date
We heard that the Board acquired sites for $1 from the City. Is that true?
Until the mid 1970s, the legal requirement for land transactions was different than they are now. At that time, the legal standard was to place a nominal amount, such as $1, in the deed. This was required to make the transaction legal. This was not the amount paid to acquire the property. The actual amount paid for the property was included in the Land Transfer Tax affidavit and reflected “market value” at that time.
Why can’t the Board sell the land back to the City for $1?
School boards are bound by Ontario Regulation 444 to sell properties at fair market value. The funds from these sales support the construction of new schools in growing areas of Hamilton, such as Binbrook, Waterdown and Winona.
What is Ontario Regulation 444?
Ontario Regulation 444 is what the Board must follow when disposing of its surplus properties. The Board can engage Ontario Regulation 444 after a 90 day public consultation period. Once the period is complete, the Board can make a recommendation to declare the property surplus to its needs. Before a site can be placed on the open market, however, it must be offered to a list of preferred agencies. These include the French language boards, Mohawk, McMaster and the City of Hamilton. A developer can only bid on the lands once the preferred agencies have declined an offer to purchase the lands.
How can we ensure that the vacant land is kept in our community for our recreational use?
The Board recently passed a new Property Disposition Protocol that ensures our partners and the community are made aware of the sale of any Board lands prior to disposal. This means that stakeholders have time to work with their community partners to decide on the best use of the land for their neighbourhood. If the community decides to retain the land for parkland, they can work with the City to submit a “bona fide” offer once Ontario Regulation 444 begins.
Who should we talk to about keeping vacant lands in our community?
The City, as a preferred agent, has the opportunity to acquire any property deemed surplus to the Board’s needs. Stakeholders are encouraged to speak to their local councillor about any surplus lands in their community.
How do you know that HWDSB won’t need this site in 20 years?
The Board’s Capital Plan is assessed on an annual basis and is assessed against updated enrolment projections, demographic information and Ministry direction. Strategies, such as boundary modification, program realignment and other interim accommodations can be implemented to address capacity issues. Projections indicate none of our surplus lands will be needed to address the long-term accommodation of HWDSB.