Law:Federal Real Property and Federal Immovables Act

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S.c. 1991, c. 50

Assented to 1991-12-17

An Act respecting the acquisition, administration and disposition of real property and immovables by the Government of Canada

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Federal Real Property and Federal Immovables Act.

1991, c. 50, s. 1; 2001, c. 4, s. 10.


Interpretation

Definitions

2. In this Act,

“administration”

« gestion »

“administration” means administration within the meaning of section 18;

“agent corporation”

« société mandataire »

“agent corporation” means an agent corporation as defined in section 83 of the Financial Administration Act;

“Crown grant”

« concession de l’État »

“Crown grant” means any of the instruments or acts referred to in section 5, a plan referred to in section 7, a notification within the meaning of the Territorial Lands Act or any other instrument or act by which federal real property may be granted or federal immovables may be conceded;

“department”

« ministère »

“department” means

(a) a department named in Schedule I to the Financial Administration Act,

(b) a division or branch of the federal public administration named in Schedule I.1 to that Act,

(b.1) a commission under the Inquiries Act designated as a department for the purposes of the Financial Administration Act, and

(c) a departmental corporation as defined in section 2 of the Financial Administration Act;

“federal immovable”

« immeuble fédéral »

“federal immovable” means an immovable belonging to Her Majesty, and includes an immovable of which Her Majesty has the power to dispose;

“federal real property”

« bien réel fédéral »

“federal real property” means any real property belonging to Her Majesty, and includes any real property of which Her Majesty has the power to dispose;

“head of mission”

« chef de mission »

“head of mission”, in relation to real property or an immovable in a country outside Canada, means a person described in subsection 13(1) of the Department of Foreign Affirs and International Trade Act who represents Canada in that country;

“Her Majesty”

« Sa Majesté »

“Her Majesty” means Her Majesty in right of Canada;

“immovable”

« immeuble »

“immovable” means

(a) in the Province of Quebec, an immovable within the meaning of the civil law of the Province of Quebec, and includes the rights of a lessee in respect of such an immovable, and

(b) in jurisdictions outside Canada, any property that is an immovable within the meaning of the civil law of the Province of Quebec, and includes the rights of a lessee in respect of any such property;

“interest”

« intérêt »

“interest” means

(a) in relation to land in any province other than Quebec, any estate, right, title or interest in or to the land, and includes an easement, a servitude and a lease, and

(b) in relation to land outside Canada, any estate, right, title or interest that is similar to that referred to in paragraph (a);

“licence”

« permis »

“licence” means any right to use or occupy real property or an immovable, other than

(a) a real right within the meaning of the civil law of the Province of Quebec and the rights of a lessee under a lease of an immovable, and

(b) an interest in land;

“Minister”

« ministre »

“Minister”, in relation to a department, means the Minister who, under the Financial Administration Act, is the appropriate Minister with respect to that department;

“real property”

« biens réels »

“real property” means land in any province other than Quebec, and land outside Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land, and includes an interest therein.

1991, c. 50, s. 2; 1992, c. 1, s. 157; 1995, c. 5, s. 26; 2001, c. 4, s. 11; 2003, c. 22, s. 224(E).

Previous Version

Delegation

Authorization of officials

3. Any Minister may authorize in writing an officer of the Minister’s department or of any other department, or any head of mission, to exercise on behalf of that Minister any power given by or under this Act to that Minister, including the power to sign an instrument or act.

1991, c. 50, s. 3; 2001, c. 4, s. 12(E).


Dispositions, Leases And Licences

Prohibition

4. Subject to any other Act, no disposition or lease of federal real property or federal immovables shall be made and no licence shall be given in respect of any such property except in accordance with this Act.

1991, c. 50, s. 4; 2001, c. 4, s. 13.


Grants And Concessions

Letters patent, etc.

5. (1) Federal real property may be granted and federal immovables may be conceded

(a) by letters patent under the Great Seal; or

(b) by an instrument of grant or an act of concession, in a form satisfactory to the Minister of Justice, stating that it has the same force and effect as if it were letters patent.

If property within Canada

(2) Federal real property and federal immovables within Canada may, at the discretion of the Minister of Justice, be granted or conceded, as the case may be, by any instrument or act by which, under the laws in force in the province in which the property is situated, real property and immovables may be transferred by a natural person.

If property outside Canada

(3) In a jurisdiction outside Canada, federal real property may be granted, and federal immovables may be conceded, by any instrument or act by which, under the laws in force in that jurisdiction, real property and immovables may be transferred.

Leases

(4) A lease of federal real property or of a federal immovable within Canada may also be granted by an instrument or conceded by an act that is not referred to in subsection (1), whether or not it is an instrument or act by which real property or immovables in a province may be transferred by a natural person.

Signing instruments and acts

(5) An instrument or act referred to in this section granting federal real property or conceding federal immovables, other than letters patent, shall be signed by the Minister having the administration of the property.

Countersignature

(6) An instrument or act referred to in paragraph (1)(b), or an instrument or act referred to in subsection (2) other than a lease, shall be countersigned by the Minister of Justice.

Effect of instrument or act

(7) An instrument or act referred to in paragraph (1)(b) has the same force and effect as if the instrument or act were letters patent under the Great Seal.

1991, c. 50, s. 5; 2001, c. 4, s. 15.

Execution of licences

6. A licence in respect of federal real property or a federal immovable shall be signed by the Minister having the administration of the property.

1991, c. 50, s. 6; 2001, c. 4, s. 16.

Plans

7. (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession, dedication, transfer or conveyance of that property.

Execution

(2) A plan referred to in subsection (1) relating to any federal real property or federal immovable shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice.

1991, c. 50, s. 7; 2001, c. 4, s. 16.

Delivery required

8. (1) Subject to a contrary intention expressed in any instrument or act, the rule of law that a grant of federal real property or a concession of federal immovables by letters patent requires no delivery to take effect is hereby abrogated.

Time of taking effect

(2) A grant of federal real property and a concession of federal immovables by letters patent or by an instrument or act referred to in paragraph 5(1)(b) shall take effect in accordance with the provisions of the letters patent, instrument or act or, if there is no provision for its taking effect, shall take effect,

(a) where the letters patent are or the instrument or act is delivered on terms or subject to conditions, on their satisfaction or removal; and

(b) in any other case, on delivery of the letters patent, instrument or act.

1991, c. 50, s. 8; 2001, c. 4, s. 16.

Words of limitation

9. Where under the laws of a province other than Quebec an instrument transferring real property without words of limitation operates as an absolute transfer of all the transferor’s interest in the real property, a grant of federal real property in that province by letters patent or by an instrument referred to in paragraph 5(1)(b) operates as a conveyance of a fee simple or equivalent estate in the property although no words of limitation are used in the instrument, if Her Majesty has power to grant the fee simple or an equivalent estate in the property and no contrary intention is expressed in the instrument.

1991, c. 50, s. 9; 2001, c. 4, s. 16.

Grants or concessions to Her Majesty

10. Her Majesty may grant federal real property and concede federal immovables to Herself.

1991, c. 50, s. 10; 2001, c. 4, s. 16.

Transfers of administration and control

11. (1) An instrument transferring administration and control of federal real property or an act transferring administration and control of federal immovables to Her Majesty in any right other than Canada pursuant to regulations made under paragraph 16(2)(e) shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice.

Effect of grant, etc.

(2) A grant, concession, vesting order or other conveyancing instrument or transfer act in favour of Her Majesty in respect of any real property or immovable belonging to Her Majesty in any right other than Canada results, on its acceptance, in Her Majesty having administration and control of the property.

1991, c. 50, s. 11; 2001, c. 4, s. 16.

Restrictions

12. A lessee of any real property or immovable from Her Majesty, the successor, sublessee or assignee of such a lessee, a person who holds an interest derived from such a lease or a person who holds a licence in respect of federal real property or federal immovables may not, without the consent of the Governor in Council, grant or agree to any covenant or condition restricting or controlling the use of the property except in favour of

(a) Her Majesty;

(b) any person through whom that interest or right was derived; or

(c) in the case of such a lessee, successor or assignee or person holding such an interest, any sublessee or licensee of that person.

1991, c. 50, s. 12; 2001, c. 4, s. 16.


Application Of Other Laws

Acquisition under provincial Act

13. Except as expressly authorized by or under an Act of Parliament, no person acquires any federal real property or federal immovable by or under a provincial Act.

1991, c. 50, s. 13; 2001, c. 4, s. 16.

No title by prescription

14. No person acquires any federal real property or federal immovable by prescription.

1991, c. 50, s. 14; 2001, c. 4, s. 16.


Minister Of Justice

Powers of Minister of Justice

15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property or immovable, on behalf of Her Majesty,

(a) determine the type of instrument or act to be used for those purposes and settle and approve the form and legal content of any Crown grant or other instrument or act;

(b) effect the delivery of any instrument or act, including its delivery on terms or subject to conditions satisfactory to the Minister of Justice, whether or not the satisfaction or removal of the terms or conditions will result in the delivery becoming absolute; and

(c) give and accept any undertakings from an advocate or a notary of the Province of Quebec or a barrister or solicitor of any other province that are in the opinion of the Minister of Justice necessary for or incidental to the completion of a transaction concerning real property or immovables, including undertakings respecting the delivery of any instrument or act and the payment of any purchase price or other moneys.

Regulations

(2) The Governor in Council may, on the recommendation of the Minister of Justice and the Treasury Board, make regulations respecting

(a) the referral of specified classes of transactions concerning real property or immovables within or outside Canada to the Minister of Justice for settlement and approval of the form and legal content of instruments or acts or for other purposes; and

(b) the establishment and operation of a depository for the deposit of copies of instruments and acts relating to federal real property and federal immovables other than instruments and acts issued under the Great Seal.

1991, c. 50, s. 15; 2001, c. 4, s. 16.


Authority For Dispositions, Acquisitions And Administrative Transfers

Powers of Governor in Council

16. (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable,

(a) authorize the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;

(b) authorize the acquisition or lease of real property or immovables on behalf of Her Majesty;

(c) authorize the giving or acquisition on behalf of Her Majesty of any licence or the transfer between Ministers of administrative responsibility in relation to any licence acquired by Her Majesty;

(d) authorize, on behalf of Her Majesty, a surrender or resiliation of any lease of which Her Majesty is the lessee or the relinquishment of any licence of which Her Majesty is the licensee, or the acceptance of the surrender or resiliation of any lease of which Her Majesty is the lessor or the acceptance of the relinquishment of any licence of which Her Majesty is the licensor;

(e) transfer to Her Majesty in any right other than Canada administration and control of the entire or any lesser interest, or any right, of Her Majesty in any federal real property or federal immovable, either in perpetuity or for any lesser term;

(f) accept, on behalf of Her Majesty, the transfer of administration and control of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;

(g) despite any other Act, transfer the administration of federal real property or federal immovables from one Minister to another, from a Minister to an agent corporation or from an agent corporation to a Minister;

(h) authorize a grant of any federal real property or concession of any federal immovable to a corporation that has the administration of the property or to any person designated by that corporation;

(i) authorize the grant of any federal real property or the concession of federal immovables by Her Majesty to Herself;

(j) dedicate or authorize the dedication of any federal real property or federal immovable for a road, utility, park or other public purpose, either in perpetuity or for any lesser term; or

(k) authorize the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with any transaction authorized under this Act.

Regulations

(2) The Governor in Council may, on the recommendation of the Treasury Board, make regulations

(a) respecting the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;

(b) respecting the acquisition or lease of real property or immovables on behalf of Her Majesty;

(c) respecting the giving and acquisition of licences on behalf of Her Majesty and the transfer between Ministers of administrative responsibility in relation to licences acquired by Her Majesty;

(d) respecting the surrender and resiliation of leases of which Her Majesty is the lesee and the relinquishment of licences of which Her Majesty is the licensee, and the acceptance of surrenders and resiliations of leases of which Her Majesty is the lessor and the acceptance of relinquishments of licences of which Her Majesty is the licensor;

(e) respecting the transfer to Her Majesty in any right other than Canada, by instrument or act satisfactory to the Minister of Justice, of administration and control of the entire or any lesser interest, or any right, of Her Majesty in federal real property or federal immovables, either in perpetuity or for any lesser term;

(f) respecting the acceptance, on behalf of Her Majesty, of transfers of administration and control satisfactory to the Minister of Justice of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;

(g) respecting the transfer of the administration of federal real property or federal immovables by one Minister to another, by a Minister to an agent corporation or by an agent corporation to a Minister;

(h) respecting the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with transactions authorized under regulations made under this subsection;

(i) authorizing the provision of utilities and other services on or from federal real property or federal immovables and the imposition of fees, charges and rates for those services;

(j) imposing fees for the provision of copies of maps, plans, field notes, documents, papers and other records pertaining to federal real property or federal immovables, for the preparation of documents evidencing a disposition or lease of federal real property or federal immovables and for the deposit in a department of documents relating to federal real property or federal immovables;

(k) establishing a formula for determining the rate of interest to be paid with respect to the purchase money, rent or other consideration for federal real property or federal immovables disposed of, leased, licensed or otherwise dealt with under this Act; and

(l) respecting the dedication, in perpetuity or for a lesser term, of any federal real property or federal immovable for a road or utility purpose.

Exercise of powers

(3) A Minister may authorize in writing any other Minister to exercise on the authorizing Minister’s behalf any power in relation to any transaction or class of transactions that has been or may be authorized under subsection (1) or under regulations made pursuant to subsection (2).

Limits and restrictions

(4) The Treasury Board may, generally or with respect to any Minister, establish financial or other limits, restrictions or requirements respecting any transaction or class of transactions authorized under regulations made pursuant to subsection (2).

Saving

(5) No limit, restriction or requirement established under subsection (4) and no regulation or direction made under section 41 of the Financial Administration Act derogates from the authority of a Minister under this Act to enter into a transaction or affects the validity of a transaction entered into pursuant to such authority.

Rent

(6) Despite the Financial Administration Act, if a lease of federal real property or federal immovables or a licence in respect of any such property is authorized under this Act, themount of the rent or other consideration charged for the lease or licence may, subject to the order or regulations by which it is authorized, be less than, equal to or more than the costs borne by Her Majesty in relation to the property.

Acquisition of shares

(7) Where an acquisition or a lease is authorized under this Act in relation to

(a) real property in a condominium project or an immovable under divided co-ownership,

(b) real property or an immovable in a co-operative project, or

(c) real property or an immovable in any similar project,

that authorization also constitutes the authority for the acquisition of a share, membership interest or ownership interest in the relevant condominium corporation, syndicate of co-owners, co-operative corporation or similar corporation, to the extent that the acquisition of the share, membership interest or ownership interest is required by, or effected by, the law of the jurisdiction in which the project is situated.

1991, c. 50, s. 16; 1994, c. 26, s. 31; 1999, c. 31, s. 96; 2001, c. 4, s. 18.

Territorial lands

17. (1) Notwithstanding section 3 of theTerritorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in the Northwest Territories and Nunavut.

Yukon

(1.1) Sections 13 to 16 and 19 of theTerritorial Lands Act apply in respect of federal real property in Yukon that is under the administration of a Minister or an agent corporation.

Administration of reserved property

(2) If any federal real property in the Northwest Territories or Nunavut or, in Yukon, any federal real property that is described in subsection (1.1), is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1), as the case may be.

Administration of reserved property

(3) If an interest other than the fee simple in any federal real property in the Northwest Territories or Nunavut or, in Yukon, in any federal real property that is described in subsection (1.1), that is under the administration of a Minister is granted under this Act, that Minister retains the administration of such property and rights as are reserved from the grant by virtue of subsection (1) or (1.1), as the case may be.

1991, c. 50, s. 17; 1993, c. 28, s. 78; 2001, c. 4, s. 19(F); 2002, c. 7, s. 171.

Previous VersionAdministration by Minister

18. (1) Any federal real property or federal immovable acquired or leased for the purposes of a Minister’s department, including any such property acquired by way of a transfer of administration and control from Her Majesty in any right other than Canada, is under the administration of that Minister for the purposes of that department.

Administration by Minister

(2) Where a Minister has, in relation to a department, by or under any Act or any order of the Governor in Council, the “administration”, “management”, “administration and control”, “control, management and administration”, “management, charge and direction” or another similarly expressed power in relation to any federal real property or federal immovable, that property is under the administration of that Minister for the purposes of that department.

Continuity of administration

(3) Any federal real property or federal immovable that is under the administration of a Minister for the purposes of a department remains under the administration of that Minister for the purposes of that department until a change of administration is effected under section 16 or on the authority or direction of the Governor in Council.

Consequences of administration

(4) Where any federal real property or federal immovable is under the administration of a Minister for the purposes of a department, that Minister has the right to the use of that property for the purposes of that department, subject to any conditions or restrictions imposed by or under this or any other Act or any order of the Governor in Council, but is not entitled by reason only of the administration of the property to dispose of it or to retain the proceeds of its use or disposition or the fruits and revenues of its use.

For greater certainty

(5) For greater certainty, a Minister may have the administration of federal real property or federal immovables for the purposes of any department of which that Minister is the Minister.

Signature is evidence

(5.1) Despite subsections (1) to (3), if a Minister is satisfied that the federal real property or federal immovable described in an instrument or act referred to in section 5 or 11, a licence referred to in section 6 or a plan referred to in section 7 is under the Minister’s administration, that property is deemed to be under the administration of the Minister and the signature of the Minister on the instrument, act, licence or plan is conclusive evidence that the Minister is so satisfied.

Administration by corporation

(6) If, by or under any Act or any order of the Governor in Council, a corporation has, by the use of any expression mentioned in subsection (2) or any similar expression, the right to the use of any federal real property or federal immovable, and no Minister has the administration of the property, the corporation has, for the purposes of paragraphs 16(1)(g) and (h) and (2)(g), the administration of that property.

1991, c. 50, s. 18; 1999, c. 31, s. 97; 2001, c. 4, s. 20.


General

Defence property vested in Her Majesty

19. (1) Such of the real property and immovables mentioned in the schedule to the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, as was on June 1, 1950 vested in Her Majesty, by whatever mode of conveyance it was acquired or taken and whether in fee, for life, for years or otherwise, and all the appurtenances of the real property and the accessories and dependencies of the immovables, unless disposed of since that date, continue absolutely vested in Her Majesty for the purposes of Canada in the same manner and to the same extent as on June 1, 1950.

Disposition of defence property

(2) Until the Governor in Council provides otherwise, federal real property and federal immovables that are declared by the Governor in Council to be necessary for the defence of Canada shall not be disposed of, but the Governor in Council may authorize the lease or other use of any such property as the Governor in Council thinks best for the advantage of Canada.

Deeming

(3) Lands that on June 1, 1950 were lands in class one under the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, shall be deemed to have been declared by the Governor in Council to be necessary for the defence of Canada.

1991, c. 50, s. 19; 2001, c. 4, s. 21.

Grants or concessions to deceased persons not null or void

20. A Crown grant that is issued to or in the name of a person who is deceased is not for that reason null or void, but the title to the real property or immovable intended to be granted or conceded vests in the heirs, assigns or successors, legatees or legatees by particular title, or other legal representatives of the deceased person according to the laws in force in the province in which the property is situated as if the Crown grant had issued to or in the name of the deceased person during the person’s lifetime.

1991, c. 50, s. 20; 2001, c. 4, s. 22.

Correction of defective grants

21. Where a Crown grant contains a clerical error, misnomer or incorrect or defective description, or where there is in a Crown grant an omission of the conditions of the grant, or where a Crown grant is defective for any other reason, the Minister of Justice may, if there is no adverse claim, direct the defective grant to be cancelled and a correct grant to be issued in lieu thereof, and the correct grant so issued has the same force and effect as if issued on the date of the cancelled grant.

1991, c. 50, s. 21; 2001, c. 4, s. 23(F).

Relief from inconsistent transactions

22. (1) Where, through error, inconsistent transactions relating to the same federal real property or federal immovable have been entered into, the Governor in Council may

(a) order a new grant of federal real property, or a new concession of a federal immovable, of such value as the Governor in Council considers just and equitable, to be made to any person deprived as a result of the error;

(b) make a new transfer of administration and control of federal real property, or of federal immovables, of such value as the Governor in Council considers just and equitable, to Her Majesty in any right other than Canada to provide relief from the error;

(c) in the case of a sale, lease or licence, order a refund to be made of any money paid on account of the sale, lease or licence, with interest at a rate established in the manner prescribed by the Governor in Council; or

(d) where the property was transferred by or from the original holder or has been improved before the discovery of the error, or where an original Crown grant was a free grant, order a new grant of any federal real property, or a new concession of any federal immovable, that the Governor in Council considers just and equitable to be made to the original holder.

Idem

(2) No claim shall be made for relief under subsection (1) later than one year after the day on which the person making the claim becomes aware of the error.

1991, c. 50, s. 22; 2001, c. 4, s. 24.


Consequential Amendments

23. to 49. (Amendments)


Repeal

50. (Repeal)


Coming Into Force

Coming into force


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