community facilities

Agreements respecting community facilities

133 (1) A school board and a municipality may enter into an agreement whereby the municipality agrees to pay the capital cost of a community facility to be acquired by the school board in or in association with a public school and the cost of maintaining and operating the community facility.

(2) For the purpose of this Act, a school property includes a proposed school property.

(3) For the purpose of this Act, the capital cost of a community facility or a school property includes all costs incurred in acquiring the community facility or the school property, including costs of acquiring land and costs of designing, constructing, furnishing and equipping the community facility.

(4) An agreement shall not be entered into unless the agreement relates to a community facility that is part of a school property, and a municipality shall not pay the capital cost of a community facility that is an alteration, addition or improvement to a school property except pursuant to an agreement.

(5) An agreement with respect to a community facility shall

(a) describe the community facility and school property to which the agreement relates;

(b) set out the capital cost of the community facility, expressed as either

(i) an amount of money, or

(ii) a proportion of the combined capital cost of the community facility and the school property to which the agreement relates;

(c) set out the respective obligations of the parties to the agreement respecting the operation and maintenance of the community facility;

(d) set out the respective rights of the parties to the agreement with respect to access to and use of the community facility; and

(e) include such provisions as are necessary or conducive to carrying out the intent and purpose of the agreement.

(6) An agreement with respect to a community facility is of no effect unless the agreement is approved by the Minister.

(7) A copy of an agreement with respect to a community facility, executed by both parties thereto, and on which is endorsed the approval of the Minister, shall be filed with the Minister, the Minister of Municipal Affairs and the member of the Executive Council assigned responsibility for the Nova Scotia Sport and Recreation Commission. 1995-96, c. 1, s. 133; 2004, c. 6, s. 3 .

Power to carry out agreement and impose rates

134 (1) A school board and a municipality may

(a) do every act, exercise every power and expend every sum of money necessary or proper for the purpose of implementing in every respect all of its obligations under an agreement with respect to a community facility; and

(b) do and perform the acts, matters and things that the agreement provides be done or performed by them in the manner, with the effect and under the conditions stipulated and provided in the agreement.

(2) All money required for the payment or performance by the municipality of its obligations under an agreement with respect to a community facility shall be held to be money required for the ordinary lawful purposes of the municipality and shall be levied, raised and collected in all respects as other money required for the ordinary lawful purposes of the municipality is levied, raised and collected.

(3) For the purpose of raising money to pay or perform its obligations under an agreement with respect to a community facility, the municipality may recover annually, from the area that benefits from the community facility to which the agreement relates, the amount required to pay such amounts by an area rate to be collected in the same manner as municipal rates and taxes with the same rights and remedies in the event of default of payment and, for greater certainty, the amount may be rated without a petition of the ratepayers.

(4) Any money required by the municipality for the purpose of paying the capital cost of a community facility under an agreement may be borrowed, and such borrowing is and is deemed to be for a municipal purpose within the meaning of the Municipal Affairs Act. 1995-96, c. 1, s. 134; 2004, c. 6, s. 4 .

Holding and disposition of school property

135 (1) Where the community facility to which the agreement relates is an alteration, addition or improvement to a school property owned by a school board, the school board shall hold the school property in trust.

(2) The municipality is entitled to receive

(a) in the event of the sale of the property; or

(b) in the event of partial or complete destruction of the property,

a share of the proceeds from the sale or any insurance recovery, less any amount required to be paid to the Province pursuant to this Act.

(3) The municipality's share is equal to the proportion that the capital amount paid by the municipality pursuant to the agreement bears to the appraised value of the whole property.

(4) Every amount recovered by the municipality pursuant to this Section shall be paid into the special reserve fund of the municipality.

(5) A school board shall not sell a school property to which an agreement with respect to a community facility relates without first offering to sell the school property to the municipality. 1995-96, c. 1, s. 135 .

Requirement for consent unaffected

136 Nothing in this Act respecting an agreement with respect to a community facility means or shall be construed to mean that either a municipality or a school board is relieved from obtaining a consent or approval of the Minister or the Minister of Municipal Affairs required by this or another enactment. 1995-96, c. 1, s. 136 .