Legislative History: Enacted September 19, 2017 (By-law No. CPOL.-183-435); Amended July 24, 2018 (By-law No. CPOL.-183(a)-442); Amended August 10, 2021 (By-law No. CPOL.-183(b)-255)
Last Review Date: July 25, 2023
Service Area Lead: Director, Realty Services
1. Policy Statement
The purpose of this policy is to formalize and clarify practices on the leasing and licencing of City-owned lands.
2. Definitions
Not Applicable.
3. Applicability
This policy applies to all City-owned lands.
4. The Policy
Vacant City-Owned Lands
4.1 When an application has been received, the Realty Services Division initiates action to rent vacant City-owned and/or controlled lands for other than agricultural purposes. The Realty Services Division will ascertain if there are any restrictions or conditions on renting that may be imposed by any City Department, Board or Commission, and further confirm that the intended use is permitted under the existing Zoning By-laws with due consideration being given to the Official Plan.
4.2 If there are no objections from the Administration, the Realty Services Division will contact the abutting property owner(s) where possible, and advise them that the City intends to rent the lands and of the proposed use.
4.3 If there are no objections from the abutting owner(s), and providing the term is for one year or less, with a 60 day cancellation clause, the Realty Services Division will estimate market rent and after giving the abutting owner(s) an opportunity to rent on those terms and if not accepted by the abutting owner(s), advertise the property for rent.
4.4 Should objections be received from the abutting owner(s), the Realty Services Division will first contact the objectors and attempt to answer the objections and failing that, forward its recommendations with the objections to the appropriate standing committee for consideration.
4.5 If authority is then received to rent, advertising will commence to rent the property in accordance with Council's instructions with all Offers to Rent received, delivered to the Director, Realty Services.
4.6 Where a prospective Lessee requests a term of more than one year, the Realty Services Division will prepare a lease and forward the same lease along with its recommendations through the Deputy City Manager to the appropriate standing committee and Council for their consideration.
4.7 Collection of revenue and Policy regarding non-payment of rent will follow existing policy.
Renting of Vacant City-Owned Lands for Agricultural Purposes
4.8 When an application has been received, the Realty Services Division initiates action to rent vacant City-owned and/or controlled lands for other than agricultural purposes. The Realty Services Division will ascertain if there are any restrictions or conditions on renting that may be imposed by any City Department, Board or Commission, and further confirm that the intended use is permitted under the existing Zoning By-laws with due consideration being given to the Official Plan.
4.9 If there are no objections from the Administration on renting the lands, the Realty Services Division, will prepare specifications and recommend to City Council that the Manager of Purchasing be authorized to call tenders for the rental of the property, with such bids to indicate the price, terms and the intended crop or use.
4.10 Upon the opening of the tenders the Manager of Purchasing shall forward them to the Realty Services Division for recommendation.
4.11 Collection of revenue and steps for non-payment of rent will follow existing Policy.
4.12 Persons renting City-owned farm land shall pay to the City 100% of the annual rental fee at the time of the signing of the lease/rental agreement.