Federal Real Property Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-92-502/FullText.html

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Federal Real Property Regulations

SOR/92-502FEDERAL REAL PROPERTY AND FEDERAL IMMOVABLES ACT
Registration 1992-08-27
Regulations Respecting Federal Real Property
P.C. 1992-1837 1992-08-27His Excellency the Governor General in Council, on the recommendation of the Minister of Justice and the Treasury Board, pursuant to subsections 15(2) and 16(2) of the Federal Real Property ActFootnote *, is pleased hereby to revoke the Government Land Purchase Regulations, made by Order in Council P.C. 1978-1749 of May 25, 1978Footnote **, the Public Lands Leasing and Licensing Regulations, made by Order in Council P.C. 1982-2718 of September 3, 1982Footnote ***, the Public Lands Sale Regulations (Transport), C.R.C., c. 1327, and the Public Works Leasing Regulations, C.R.C. c. 1364, and to make the annexed Regulations respecting federal real property, in substitution therefor, effective on the day that the Federal Real Property ActFootnote * comes into force.

Return to footnote   *S.C. 1991, c. 50
Return to footnote  **SOR/78-482, 1978 Canada Gazette Part II, p. 2702
Return to footnote ***SOR/82-839, 1982 Canada Gazette Part II, p. 3073
Short Title

1 These Regulations may be cited as the Federal Real Property Regulations.

Interpretation

2 In these Regulations,

acquisition
acquisition means an acquisition by Her Majesty of real property, including by lease, gift, devise, acceptance of a surrender of a lease of federal real property, or acceptance of a relinquishment of an easement on federal real property, but not including an acceptance of a transfer of administration and an acceptance of a transfer of administration and control; (acquisition)
Act
Act means the Federal Real Property Act; (Loi)
disposition
disposition means a disposition by Her Majesty of federal real property, including by lease, gift, surrender of a lease in which Her Majesty is the tenant, or relinquishment of an easement where Her Majesty is the holder of the easement, but not including a transfer of administration and a transfer of administration and control. (aliénation)

Application

3 (1) These Regulations do not apply in respect of

(a) expropriations of real property by Her Majesty; and
(b) dispositions, other than by lease or easement, if the whole of the purchase price or other consideration is not received by Her Majesty at or before completion of the disposition.

(1.1) Despite paragraph (1)(b) and the fact that the whole of the purchase price or other consideration is not received by Her Majesty at or before completion of the disposition, these Regulations apply in respect of dispositions of federal real property by Her Majesty to a Crown corporation, within the meaning of subsection 83(1) of the Financial Administration Act, whose instrument of incorporation specifically limits its activities or businesses to the purposes and objectives of acquiring, purchasing, leasing, holding, improving, managing, exchanging, selling, turning into account or otherwise dealing in or disposing of real or personal property or any interest therein.
(2) Sections 7 to 10 do not apply in respect of leases, surrenders of leases and acceptances of surrenders of leases.

SOR/2000-254, s. 1;
SOR/2007-43, s. 1.

Previous Version

General Authority

4 (1) A Minister may enter into an acquisition, a disposition or an option for an acquisition or for a disposition.

(2) A Minister may, in respect of real property,

(a) give a licence or acquire a licence; or
(b) relinquish a licence of which Her Majesty is the licensee, or accept the relinquishment of a licence of which Her Majesty is the licensor.

(3) A Minister may provide utilities and other services on or from federal real property that is under the Minister’s administration and may impose fees, charges and rates for those services.

Administration and Control

5 (1) A Minister may transfer to Her Majesty in right of a province, by instrument satisfactory to the Minister of Justice, the administration and control of the entire or any lesser interest of Her Majesty in any federal real property, either in perpetuity or for any lesser term.
(2) A Minister may accept on behalf of Her Majesty a transfer of the administration and control satisfactory to the Minister of Justice of the entire or any lesser interest of Her Majesty in right of a province in any real property, including such transfers made by grant, vesting order or other conveyancing instrument, either in perpetuity or for any lesser term.
(3) In the case of retrocession or reversion to Her Majesty in right of a province or Her Majesty in right of Canada of the administration and control of the entire or any lesser interest in any real property, a Minister may give effect to that retrocession or reversion by instrument satisfactory to the Minister of Justice, notwithstanding the requirement, in the original transfer of administration and control, to proceed by order in council or written notice.

SOR/2000-254, s. 2.

Administration or Administrative Responsibility

6 (1) A Minister may

(a) transfer the administration of any federal real property to another Minister or to an agent corporation that has the authority under any other Act of Parliament to acquire the real property;
(b) transfer to another Minister the administrative responsibility for a licence of which Her Majesty is the licensee;
(c) accept the transfer of the administration of any federal real property from another Minister or from an agent corporation that has the authority under any other Act of Parliament to dispose of the real property; and
(d) accept from another Minister the transfer of the administrative responsibility for a licence of which Her Majesty is the licensee.

(1.1) A Minister shall not

(a) make a transfer to an agent corporation under paragraph (1)(a), or
(b) accept a transfer from an agent corporation under paragraph (1)(c)

unless the transfer is consented to in writing by the agent corporation.

(2) Every transfer and acceptance referred to in subsection (1) shall be in writing and shall be effective when it is signed by both parties and countersigned by the Minister of Justice.

SOR/93-305, s. 1.

Acquisition Terms

7 A Minister may

(a) in an acquisition, agree to pay, in addition to the purchase price of and other consideration for the real property, such amounts as the Minister may approve in respect of the legal fees and disbursements of the real property owner that are reasonably incurred, and any taxes and other adjustments; and
(b) if the completion of an acquisition is unreasonably delayed through no fault of the real property owner, pay interest for the period of the delay at a rate that is not greater than one and one-half per cent above the average accepted tender rate of Government of Canada three month Treasury Bills, as announced by the Bank of Canada on behalf of the Minister of Finance, which tender rate shall be the last tender rate to be announced before the day on which the contract was executed.

SOR/2000-254, s. 3.

Payment

8 (1) Subject to subsections (2) to (5), no payment shall be made in respect of an acquisition until good title satisfactory to the Minister of Justice is obtained through that Minister.
(2) A Minister may make a partial payment in respect of an acquisition of real property that is within Canada, before the completion of the acquisition, under an arrangement satisfactory to the Minister of Justice that ensures its repayment to Her Majesty if the Minister of Justice is not satisfied as to good title.

(3) Subsections (1) and (2) do not apply in respect of

(a) an option for an acquisition; or
(b) an acquisition entered into by the Minister responsible for the Canadian Security Intelligence Service for the purpose of pursuing security investigations or by the Minister responsible for the Royal Canadian Mounted Police for the purpose of pursuing security or criminal investigations.

(4) The Secretary of State for External Affairs may, in respect of the acquisition of real property outside Canada, make a payment if the payment

(a) is in accordance with the commercial practice of the jurisdiction in which the real property is situated;
(b) is paid under an arrangement that ensures its repayment to Her Majesty if good title satisfactory to the Minister of Justice cannot be obtained or the title or ownership cannot be certified by a person who is hired to perform legal services pursuant to section 4 of the Government Contracts Regulations; and
(c) is paid under an arrangement that ensures immediate possession by Her Majesty when full payment is made.

(5) Notwithstanding subsection (4), the Secretary of State for External Affairs may, in respect of the acquisition of real property that is situated in a jurisdiction in which the title to or ownership of real property within that jurisdiction cannot be determined or certified by and to the satisfaction of the Minister of Justice, make a payment if the payment

(a) is in accordance with the commercial practice of the jurisdiction in which the real property is situated; and
(b) is paid under an arrangement that ensures immediate possession by Her Majesty when full payment is made.

SOR/97-91, s. 1(F).

Referral of a Disposition to the Minister of Justice

9 (1) Subject to subsection (2), a Minister shall refer every disposition to the Minister of Justice for settlement and approval of the form and legal content of the Crown grant.

(2) Subsection (1) does not apply to

(a) the Secretary of State for External Affairs, if the performance of legal services in respect of a disposition is authorized pursuant to section 4 of the Government Contracts Regulations; or
(b) the Minister responsible for the Royal Canadian Mounted Police or the Minister responsible for the Canadian Security Intelligence Service, if a disposition is in respect of real property acquired for the purpose of pursuing investigations described in paragraph 8(3)(b).

(3) Where, pursuant to subsections 5(6) and 7(2) of the Act, a Crown grant is to be countersigned by the Minister of Justice, the countersignature is conclusive evidence that the Minister of Justice has settled and approved the form and legal content of the Crown grant.

Option Terms

10 Where a Minister, in an option for an acquisition, is granted the right to enter and conduct tests in respect of the real property that is subject to the option, the Minister may agree with the person granting the option

(a) to indemnify that person from all claims and demands that arise as a result of the Minister exercising the right to enter;
(b) to repair or to pay compensation in respect of any damage done to any real property of that person, other than the real property that is the subject of the option, that arises as a result of the Minister exercising the right to enter; and
(c) in the event that the option is not exercised, to repair or to pay compensation for any damage done to the real property that is subject to the option that arises as a result of the Minister exercising the right to enter.

Document Depository

11 (1) The Minister of Justice shall establish and operate a document depository at the Department of Justice that shall contain copies of the following instruments:

(a) grants of federal real property, including grants by instruments referred to in paragraph 5(1)(b), subsections 5(2) and (3) and section 7 of the Act, other than letters patent, notifications, leases or grants in respect of a disposition of any real property that was the subject of an acquisition described in paragraph 8(3)(b);
(b) transfers of administration and control of real property and acceptances of such transfers;
(c) transfers of administration of federal real property and acceptances of such transfers; and
(d) transfers of administrative responsibility for a licence and acceptances of such transfers.

(2) Except in the case of a disposition of real property that was the subject of an acquisition described in paragraph 8(3)(b), a copy of the instrument shall immediately be sent to the document depository by the Minister who

(a) ceases to have the administration of any federal real property by virtue of

(i) a grant referred to in paragraph (1)(a),
(ii) a transfer of administration and control of the federal real property to Her Majesty in any right other than of Canada, or
(iii) a transfer of administration of the federal real property to an agent corporation;

(b) acquires the administration of any federal real property by virtue of

(i) a transfer of administration and control of real property to Her Majesty and the acceptance of that transfer, or
(ii) a transfer of administration of the federal real property from another Minister or an agent corporation and the acceptance of the transfer; or

(c) acquires the administrative responsibility for a licence by virtue of a transfer referred to in paragraph (1)(d) and the acceptance of the transfer.

(3) Instruments and information may be recorded or stored in the document depository by any means.