Surplus Crown Assets Act (R.S.C., 1985, c. S-27)

Act current to 2016-06-21

Surplus Crown Assets Act

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

An Act respecting surplus Crown assets

Short Title

Marginal note:Short title

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

  • R.S., c. S-20, s. 1.

Interpretation and Application

Marginal note:Definitions

 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; (biens désignés)

Board

Board[Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1]

Corporation

Corporation[Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1]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; (ministère)

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; (organisme fédéral)

government department

government department[Repealed, 1992, c. 54, s. 82]

Minister

ministre

Minister means the Minister of Public Works and Government Services; (ministre)

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. (biens de surplus de la Couronne)

  • 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.
Marginal note:Application

 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

Marginal note:Department dealing with surplus Crown assets
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Refusal
  •  (1) The Minister may refuse a request made under section 3 if the Minister considers it appropriate to do so.

  • Marginal note: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.
Marginal note:Responsibility continues

 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.
Marginal note:Ministerial powers

 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

 [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 5]

Marginal note:Proceeds of sale by Minister
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Proceeds of sale by department

 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.
 
Date modified: