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Policy No. 43 Disposal of Incidental Assets and Surplus Property Policy
POLICY NO. 43
DISPOSAL OF INCIDENTAL ASSETS & SURPLUS PROPERTY POLICY
1.0
POLICY
1.1
The Municipality recognizes the importance of managing public assets
responsibly and transparently. This policy establishes a consistent and legally
compliant framework for the identification, assessment, and disposal of both
incidental assets--such as furniture, office equipment, and small tools--and
surplus municipal property, including land and buildings no longer required for
municipal purposes.
2.0
PURPOSE
2.1
The purpose of this policy is to provide clear direction to municipal staff and
Council for the disposal of incidental assets and surplus municipal property in a
manner that is efficient, accountable, and reflective of the best interests of the
Municipality.
3.0
SCOPE
3.1
This policy applies to all departments, employees, and Council of the Municipality
and covers the disposal of:
3.1.1 Incidental assets, defined as low-value, non-capital assets typically under
$2,500 in value, such as small office furniture, electronics, and hand
tools.
3.1.2 Surplus municipal property, defined as real property (land and/or
buildings) that has been declared surplus to the needs of the Municipality
by Council resolution.
4.0
DEFINITIONS
4.1
"Act" means the Municipal Government Act, SNS 1998, c 18 and amendments
thereto.
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Policy No. 43 Disposal of Incidental Assets and Surplus Property Policy
4.2
"Asset" means any item, object, land, building, or other property owned or
controlled by the Municipality.
4.3
"Capital Asset" meant tangible property, other than land, that is recorded in the
Municipality's asset registry due to its high value and long-term use.
4.4
"Chief Administrative Officer" means a person appointed as Chief Administrative
Officer by Council or the person designated by the Chief Administrative Officer to
carry out a particular duty.
4.5
"Council" means the Council of the Municipality of the District of Barrington.
4.6
"Disposal" means the act of divesting the Municipality of ownership or control of
an asset through sale, donation, transfer, recycling, or destruction.
4.7
"Immediate Family Member" means a person's spouse, children (including step
and adopted), parents, and siblings.
4.8
"Market Value" means the estimated amount for which an asset or property
would be sold on the open market between a willing buyer and a willing seller, as
determined by appraisal or other reasonable methods.
4.9
"Municipality" means the Municipality of the District of Barrington.
4.10
"Public Process" means a method of disposal that is open and accessible to the
general public, such as public tender, auction, online posting, or sealed bid.
5.0
DISPOSAL OF INCIDENTAL ASSETS
5.1
Incidental assets are typically depreciated or obsolete items with limited market
value. These may include surplus office furniture, equipment, outdated
electronics, and other small assets no longer useful to municipal operations.
When such assets are identified, department heads shall notify to the Chief
Administrative Officer (CAO) or their designate for review.
5.2
The CAO is authorized to dispose of incidental assets through one or more of the
following methods:
5.2.1 Internal reallocation to other municipal departments, where
operationally appropriate.
5.2.2 Public sale, either through sealed bid, online posting, auction, or other
means that promote fair and open access.
5.2.3 Donation to local non-profit organizations, schools, or community
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Policy No. 43 Disposal of Incidental Assets and Surplus Property Policy
groups, provided that such a donation aligns with Section 31(2)(d)(i) of
the MGA and is approved by the CAO.
5.2.4 Recycling or disposal through appropriate waste management channels,
in cases where the item has no residual value or utility.
6.0
ASSESSMENT OF MUNICIPALLY OWNED PROPERTY
6.1
The Municipality may sell property when the property has been deemed surplus
to the needs of the Municipality. Criteria used to determine usefulness of a
municipally owned property may include one or more of the following:
6.1.1 No long-term use has been identified for the property.
6.1.2 It is no longer in the best interest of the Municipality to retain ownership
of the property (i.e. cost to maintain the property outweighs the benefit
of retaining).
6.1.3 Retaining ownership exposes the municipality to liability or risk (i.e. a
vacant building or land would be more vulnerable to vandalism and
trespassing).
6.1.4 A non-profit organization has an interest in acquiring the property to
provide a service to the community.
6.1.5 The abutting property owner(s) expressed an interest in acquiring the
property.
7.0
DISPOSAL OF SURPLUS PROPERTY
7.1
The manner in which the Municipality acquired a property shall directly inform
and govern the method of its disposal. Prior to any decision on disposal, a detailed
report outlining the full history of the property, including the purpose for which it
was originally acquired, must be provided to Council. Where a property was
obtained for community, charitable, or recreational purposes, the Municipality shall
make every reasonable effort to ensure that its sale or disposal preserves and
advances the original community, charitable, or recreational intent.
7.2
There are a number of methods available to facilitate the disposal of surplus
municipal property.
7.2.1 Advertise a Call for Expressions of Interest to solicit sealed submissions
for the purchase of a property. Should Council choose to proceed with
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Policy No. 43 Disposal of Incidental Assets and Surplus Property Policy
this option, consideration should be given to the possibility that the
highest bid may be from a non-profit organization that is offering less
than market value. Should this be the case, see subclause 7.2.7
7.2.2 Advertise and hold a public auction. For sale by public auction, Council
will set a minimum price.
7.2.3 List the property for sale by a real estate agent to obtain market value
upon the sale of the property.
7.2.4 If the property is deemed "non-usable", negotiate the sale of the
property to the abutting landowner. If Council decides a negotiated sale
to be the best approach, then all owners of property immediately
abutting the non-usable property shall be offered, in writing, an
approximately equal portion of the parcel at the assessed value. Where
only one abutting property owner thereafter expresses in writing
continued interest in a portion of the parcel, this owner shall be offered
the entire parcel at the predetermined price.
7.2.5 Surplus properties with high market potential may be disposed of by
direct sale. Direct sale on the open market shall involve establishing a
predetermined price and advertising the property for sale in newspapers
appropriate for the sale. Pricing shall be set at the appraised value as
determined by an independent Certified Real Estate Appraiser. Offers to
purchase at the specified price shall be received in writing and accepted
on a first come first served basis. The term "first come first served" shall
mean the first written offer received from an individual, in a situation
where more than one person becomes interested in purchasing the same
property. All written offers shall be dated and time stamped and initialed
by the Chief Administrative Officer, or his/her designate, as received.
Subsequent written offers to purchase the same property shall be
processed in the order of the date and time received, when conditions of
sale to the preceding offerors have not been met.
7.2.6 Wherever possible, direct land exchange of surplus properties may be
employed as an alternative method for the acquisition of necessary lands
to accomplish the needs of capital works projects, watershed protection,
street widening, etc.
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Policy No. 43 Disposal of Incidental Assets and Surplus Property Policy
7.2.7 Section 51 of the Act enables a municipality to sell property at a price less
than market value to a non-profit organization if Council considers the
organization to carry on an activity that is beneficial to the Municipality.
The procedure for this process to occur includes a public hearing
respecting the sale if the property is valued at more than ten thousand
dollars, and a resolution of Council passed by at least two-thirds majority
of the Council present and voting.
8.0
UNSOLICITED PROPOSALS
8.1
When an unsolicited offer to purchase land owned by the Municipality is
received, staff will determine if that property has been deemed surplus by
motion of Council. If already deemed surplus by motion of Council, the property
will be disposed of in accordance with disposal methods included in this policy.
8.2
If the property has not been deemed surplus by motion of Council, the request
will be presented to Council. Council will determine if the property is surplus to
the needs of the Municipality. If deemed surplus, staff will proceed to dispose of
the property using the most appropriate method.
9.0
INVESTMENT OF PROCEEDS
9.1
The Act stipulates how funds received from the sale of property are to be
invested, which include:
9.1.1 Proceeds received from the sale of property, other than proceeds from
the sale of land transferred to the Municipality during the subdivision
process, shall be invested in the Municipality's Capital Reserve Fund.
9.1.2 Proceeds received from the sale of land acquired by way of the
subdivision process "shall be used for parks, playgrounds and similar
public purposes" (MGA Section 273 (13))
10.0
CONFLICT OF INTEREST
10.1
Elected officials, the Chief Administrative Officer, or the spouse of an elected
official or the Chief Administrative Officer are not permitted to purchase surplus
municipal property or incidental assets. For the purpose of this policy, "spouse"
is defined by the Province of Nova Scotia Municipal Conflict of Interest Act
C.299 R.S.N.S. 1989 s.2 (i).
10.2
Employees and their immediate family members are prohibited from directly
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Policy No. 43 Disposal of Incidental Assets and Surplus Property Policy
purchasing surplus municipal property or incidental assets unless those items are
sold through a publicly advertised and open process. Where such a process is
used, a 60-day waiting period must be observed before employees or
officials may submit a bid.
Chief Administrative Officer's Annotation for Official Policy Book
Date of Notice to Council members of Intent to Consider
November 18, 2025
Date of Passage of current Policy
November 25, 2025
I certify that this Policy No. 43 "Disposal of Incidental Assets & Surplus Property Policy" was
adopted by Council as indicated above.
____________________________________ _________________________
Debbie Mader Date
Municipal Clerk
VERSION LOG
Version
Number
Amendment Description
Amendment/Policy Owner
Approved By
Approval Date
1
Approved policy by Council
CAO
Council
May 23, 2017
2
Revised entire policy
CAO
Council
November 25, 2025