Law:Surplus Crown Assets Act

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R.s.c., 1985, c. S-27

An Act respecting surplus Crown assets


Contents

Short Title

Short title

1. This Act may be cited as the Surplus Crown Assets Act.

R.S., c. S-20, s. 1.


Interpretation And Application

Definitions

2. In this Act,

“accepted surplus Crown assets”

« biens désignés »

“accepted surplus Crown assets”, in respect of a department or federal body, means surplus Crown assets identified in a notice sent to the department or federal body under subsection 4(2) that have not been deleted from the notice with the authority of the Minister or disposed of pursuant to this Act;

“Board”(Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1)

“Corporation”(Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1)

“department”

« ministère »

“department” has the same meaning as the definition of that term, other than paragraph (c) thereof, in section 2 of the Financial Administration Act;

“federal body”

« organisme fédéral »

“federal body” means a board, commission, corporation or other body that is an agent of Her Majesty or is ultimately accountable to Parliament for the conduct of its affairs including, notwithstanding Part X of the Financial Administration Act, a Crown corporation as defined in subsection 83(1) of that Act, but does not include a department;

“government department”(Repealed, 1992, c. 54, s. 82)

“Minister”

« ministre »

“Minister” means the Minister of Public Works and Government Services;

“surplus Crown assets”

« biens de surplus de la Couronne »

“surplus Crown assets”, in respect of a department or federal body, means property of Her Majesty in its custody or under its control that the department or federal body has determined is surplus to its requirements.

R.S., 1985, c. S-27, s. 2; R.S., 1985, c. 22 (1st Supp.), s. 1, c. 35 (4th Supp.), s. 13; 1992, c. 54, s. 82; 1996, c. 16, s. 60.

Application

2.1 This Act does not apply in respect of real property or immovables as defined in the Federal Real Property and Federal Immovables Act or licences in respect thereof.

1991, c. 50, s. 42; 2001, c. 4, s. 170.


Surplus Property

Department dealing with surplus Crown assets

3. (1) A department that has surplus Crown assets may

(a) request the Minister to dispose of or deal with the assets under this Act; or

(b) subject to such terms and conditions as the Treasury Board may prescribe, sell, exchange, transfer to another department, lease, lend or otherwise dispose of or deal with the assets, either gratuitously or for consideration.

Federal body dealing with surplus Crown assets

(2) A federal body that has surplus Crown assets may request the Minister to dispose of or deal with the assets under this Act.

Terms and conditions

(3) Terms and conditions prescribed pursuant to paragraph (1)(b) may be made applicable to any particular department or surplus Crown assets, any class thereof or departments or surplus Crown assets generally.

Restriction on departments

(4) No department shall dispose of any surplus Crown assets otherwise than in accordance with this Act.

R.S., 1985, c. S-27, s. 3; 1989, c. 27, s. 24; 1991, c. 50, s. 43; 1992, c. 54, s. 83.

Refusal

4. (1) The Minister may refuse a request made under section 3 if the Minister considers it appropriate to do so.

Notice of acceptance

(2) Where, pursuant to a request made under section 3, the Minister accepts surplus Crown assets for disposal or dealing with under this Act, the Minister shall notify the department or federal body of the assets accepted.

R.S., 1985, c. S-27, s. 4; R.S., 1985, c. 22 (1st Supp.), s. 2; 1992, c. 54, s. 83.

Responsibility continues

5. A department or federal body continues to be responsible for accepted surplus Crown assets until it surrenders the custody or control thereof pursuant to a direction of the Minister.

R.S., 1985, c. S-27, s. 5; R.S., 1985, c. 22 (1st Supp.), s. 3, c. 35 (4th Supp.), s. 13; 1992, c. 54, s. 83.

Ministerial powers

6. With specific or general authority from the Governor in Council, the Minister may

(a) sell, exchange, lease, lend or otherwise dispose of or deal with accepted surplus Crown assets either gratuitously or for consideration and on such terms and subject to such conditions as the Minister may consider desirable;

(b) hold, manage, operate, finish, assemble, store, transport, repair, maintain and service accepted surplus Crown assets;

(c) restore to its original condition any property that has been made available to Her Majesty and settle any claim in connection therewith;

(c.1)�(Repealed, 1992, c. 54, s. 84)

(d) convert accepted surplus Crown assets to basic materials;

(e) transfer accepted surplus Crown assets from one department to another;

(f) make such orders and issue such directions as the Minister may deem necessary or expedient to provide for the safety and preservation of accepted surplus Crown assets;

(g) direct any person to furnish, within such time as the Minister may specify, such information with regard to accepted surplus Crown assets as the Minister may specify;

(h) engage or make use of the services of any person in carrying out any of the purposes of this Act;

(i) delete from a notice given under section 4 any assets identified therein; and

(j) do any other thing the Governor in Council may consider to be incidental to, or necessary or expedient for, carrying out the objects of this Act.

R.S., 1985, c. S-27, s. 6; R.S., 1985, c. 22 (1st Supp.), s. 4; 1992, c. 54, s. 84.


Crown Assets Disposal Corporation

7. to 12. (Repealed, R.S., 1985, c. 22 (1st Supp.), s. 5)

Proceeds of sale by Minister

13. (1) Subject to subsection (3) and subsections 99(2) to (5) of the Financial Administration Act, where the Minister sells any accepted surplus Crown assets of a federal body, the Minister shall remit to that body an amount equal to the net proceeds of the sale not later than the last day of the month following the month in which the proceeds were received.

Idem

(2) Subject to subsection (3), where the Minister sells any accepted surplus Crown assets of a department, other than property forfeited pursuant to an Act of Parliament, an amount equal to the net proceeds of the sale may, subject to such terms and conditions as the Treasury Board may prescribe, be paid out of the Consolidated Revenue Fund for the purposes of that department.

Administrative expenses

(3) The Minister may retain out of the net proceeds of a sale referred to in subsection (1) or (2) such percentage of the net proceeds of sales of accepted surplus Crown assets in the period in which the sale is made as the Treasury Board may fix for the purpose of meeting the administrative or other expenses incurred with respect to those sales.

R.S., 1985, c. S-27, s. 13; R.S., 1985, c. 22 (1st Supp.), s. 6; 1992, c. 54, s. 85.

Proceeds of sale by department

14. Where a department sells any surplus Crown assets, other than property forfeited pursuant to an Act of Parliament, an amount equal to the proceeds of the sale may, subject to such terms and conditions as the Treasury Board may prescribe, be paid out of the Consolidated Revenue Fund for the purposes of that department.

R.S., 1985, c. S-27, s. 14; R.S., 1985, c. 22 (1st Supp.), s. 7; 1992, c. 54, s. 85.

Terms and conditions

15. Subject to such terms and conditions as the Treasury Board may prescribe, the authority under subsection 13(2) or section 14 to pay an amount does not lapse at the end of the fiscal year in which the authority arose.

R.S., 1985, c. S-27, s. 15; R.S., 1985, c. 22 (1st Supp.), s. 7; 1992, c. 54, s. 85.

16. to 18. (Repealed, R.S., 1985, c. 22 (1st Supp.), s. 7)

Execution of deeds, contracts, etc.

19. The Minister or any person generally or specifically so authorized by the Minister may execute, on behalf of Her Majesty, any bill of sale, contract or other document transferring the ownership of, or otherwise dealing with or relating to the disposition of, surplus Crown assets, and when any such document has been so executed it is valid and binding on Her Majesty.

R.S., 1985, c. S-27, s. 19; R.S., 1985, c. 22 (1st Supp.), s. 8; 1991, c. 50, s. 44.

Idem

19.1 The Minister through which a department reports to Parliament or any person so authorized by that Minister may execute, on behalf of Her Majesty, any bill of sale, contract or other document transferring the ownership of, or otherwise dealing with or relating to the disposal of or dealing with, surplus Crown assets pursuant to paragraph 3(1)(b), and when any such document has been so executed it is valid and binding on Her Majesty.

1992, c. 54, s. 86.

Governor in Council

20. The Governor in Council may

(a) by order, confer on the Minister additional powers and duties with respect to the disposal of accepted surplus Crown assets; and

(b) make or issue such orders, rules and regulations as may be deemed necessary or desirable to assist the Minister to perform the duties conferred or imposed on him by or pursuant to this Act.

R.S., 1985, c. S-27, s. 20; R.S., 1985, c. 22 (1st Supp.), s. 9; 1992, c. 54, s. 87.

21. (Repealed, 1992, c. 54, s. 88)

Schedule

(Repealed, R.S., 1985, c. 22 (1st Supp.), s. 10)


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