Federal Real Property Regulations (SOR/92-502)

Regulations are current to 2014-11-11 and last amended on 2007-02-22. Previous Versions

Federal Real Property Regulations

SOR/92-502

FEDERAL REAL PROPERTY AND FEDERAL IMMOVABLES ACT

Registration 1992-08-27

Regulations Respecting Federal Real Property

P.C. 1992-1837 1992-08-27

His 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.

SHORT TITLE

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

INTERPRETATION

 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

  •  (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.

GENERAL AUTHORITY

  •  (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.