Policy 2.1.13 Acquisition and Disposal of Land Held by Trust Council

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POLICY – 2.1.13 Acquisition and Disposal of Land Held by Trust Council Page 1 
 
Policy: 2.1.13 
Approved By: Trust Council 
Approval Date: December 8, 2006 
Amendment Date(s):   
Policy Holder: Director of Trust Area Services 
 
ACQUISITION AND DISPOSAL OF LAND HELD BY TRUST COUNCIL 
Purpose 
To define policies and procedures that will ensure a transparent, fair and equitable process for Trust Council 
when considering the acquisition of land or the disposition of land held by Trust Council. 
A. Definitions 
n/a 
B. Policies and Procedures 
1.  General 
1.1 Trust Council will ensure a transparent, fair and equitable process when acquiring or 
disposing of land. 
1.2 Trust Council will make decisions to acquire or dispose of land on the basis of a staff 
report to Trust Council that outlines the particulars of the land, the reasons for 
acquisition or disposal, consideration of any recommendations made by the relevant 
local trust committee or island municipality, the anticipated community benefits, the 
encumbrance or release of encumbrance to the Trust Council, financial details of the 
transaction, historical factors leading to interest in the land and any other information 
deemed necessary to assist a decision by Trust Council. 
2. Acquisition of Land 
2.1 For land acquired by Trust Council, financial encumbrances must be discharged before 
or concurrently with the transfer. Trust Council will be provided a reasonable amount 
of time to undertake due diligence investigations with respect to the land before 
accepting transfer. 
3.  Disposal of Land 
3.1 When disposing of land, Trust Council will ensure:  
3.1.1. Legislated requirements for land disposition are met; 
3.1.2 Primary benefits accrue to the community where the land is located; 
3.1.3 The decision is based on an objective evaluation of available options; 
3.1.4 The local trust committee’s history of involvement with the land included 
community consultation. 

POLICY – 2.1.13 Acquisition and Disposal of Land Held by Trust Council Page 2 
3.2 Trust Council will ensure a proposal process with sufficient notification to allow 
interested groups the opportunity to express interest. Trust Council will proceed using 
a less formal request for the proposal process, not creating contractual obligations 
between the Trust Council and proponents, until the execution of a contract for 
purchase and sale of the land. In this respect, irrevocable bids or bid deposits will not 
be required. Depending upon the circumstances of the disposition, Trust Council may 
consider factors other than price when making a decision about a proponent in land 
disposals. The other factors may include past experience, financial viability, and 
proven capacity of the proponent. Preference will be given to non-profit organizations 
unless the sale results in higher community benefits or greater prospect that 
objectives for the property will be met.  
3.3 Trust Council will not complete final disposition of land u

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