Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Education Act

Part 6 — Finance and Property Division 1 Finance

187.1 Transfer of new school real property

Current to 2025-12-11 · Official PDF

(1) An owner's interest in the new school real property that
is required for the completion of an approved new school project

transfers, in accordance with subsections (2) to (4), to the Crown
on
(a) the Minister providing the owner with a written notice of the
transfer, and
(b) the expiry of
(i) 45 days after the day on which the Minister provides the
owner with the written notice of the transfer, or
(ii) the period otherwise speci fied in the written notice of
transfer.
(2) For the purpose of subsection (1), the new school real property
identified in a school building project is the new school real
property required for the completion of an approved new school
project.
(3) On the expiry of the applicable period in respect of the written
notice referred to in subsection (1)(b),
(a) the ownership of the new sc hool real property that is the
subject of the written notice is considered to have legally
transferred to the Crown,
(b) for the purposes of issui ng a certificate of title under the
Land Titles Act to the Crown in respect of its ownership of
the new school real property, the Minister must
(i) provide a copy of the writte n notice to the Registrar, and
(ii) request the issuance of a new certificate of title to the
Crown as represented by the Minister,
(c) the transfer is not to be treated as an expropriation und er the
Expropriation Act, and
(d) the transfer is not grounds for any cause of action under an
enactment or at common law.
(4) On transfer of ownership of new school real property under
subsection (1) from an owner to the Crown in respect of an
approved new school project, the Minister
(a) may pay to the owner the am ount determined in accordance
with the regulations, if any, and

(b) must, in accordance with the regulations, if any, offer a
leasehold interest in the new school real property to each
board to which the approved new school project relates.
(5) Before issuing a certificate of title to the Crown as referred to
in subsection (3)(b)(ii), the Registrar of Land Titles must, if
applicable, remove the reserve designation from the certificate of
title.
2025 c6 s20