Federal Real Property and Federal Immovables Act (S.C. 1991, c. 50)

Act current to 2014-09-15 and last amended on 2014-04-01. Previous Versions

DELEGATION

Marginal note:Authorization of officials

 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

Marginal note:Prohibition

 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

Marginal note:Letters patent, etc.
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.