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

Act current to 2017-11-20 and last amended on 2014-04-01. Previous Versions

Federal Real Property and Federal Immovables Act

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:

Short Title

Marginal note:Short title

 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

Marginal note:Definitions

 In this Act,

administration

gestion

administration means administration within the meaning of section 18; (gestion)

agent corporation

société mandataire

agent corporation means an agent corporation as defined in section 83 of the Financial Administration Act; (société mandataire)

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; (concession de l’État)

department

ministère

department means

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; (immeuble fédéral)

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; (bien réel fédéral)

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 15(1) of the Department of Foreign Affairs, Trade and Development Act who represents Canada in that country; (chef de mission)

Her Majesty

Sa Majesté

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

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; (immeuble)

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); (intérêt)

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; (permis)

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; (ministre)

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. (biens réels)

  • 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);
  • 2013, c. 33, s. 191.

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.
 
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