Federal Law-Civil Law Harmonization Act, No. 1 (S.C. 2001, c. 4)
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Assented to 2001-05-10
PART 31991, c. 50AMENDMENTS TO THE FEDERAL REAL PROPERTY ACT
12. Section 3 of the English version of the Act is replaced by the following:
Marginal note:Authorization of officials
3. 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.
13. Section 4 of the Act and the heading before it are replaced by the following:
DISPOSITIONS, LEASES AND LICENCES
Marginal note:Prohibition
4. 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.
14. The heading before section 5 of the English version of the Act is replaced by the following:
GRANTS AND CONCESSIONS
15. (1) The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Letters patent, etc.
5. (1) Federal real property may be granted and federal immovables may be conceded
(2) Paragraph 5(1)(b) of the English version of the Act is replaced by the following:
(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.
(3) Subsections 5(2) to (5) of the Act are replaced by the following:
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.
(4) Subsections 5(6) and (7) of the English version of the Act are replaced by the following:
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.
16. Sections 6 to 15 of the Act are replaced by the following:
Marginal note:Execution of licences
6. A licence in respect of federal real property or a federal immovable shall be signed by the Minister having the administration of the property.
Marginal note:Plans
7. (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession, dedication, transfer or conveyance of that property.
Marginal note:Execution
(2) A plan referred to in subsection (1) relating to any federal real property or federal immovable shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice.
Marginal note:Delivery required
8. (1) Subject to a contrary intention expressed in any instrument or act, the rule of law that a grant of federal real property or a concession of federal immovables by letters patent requires no delivery to take effect is hereby abrogated.
Marginal note:Time of taking effect
(2) A grant of federal real property and a concession of federal immovables by letters patent or by an instrument or act referred to in paragraph 5(1)(b) shall take effect in accordance with the provisions of the letters patent, instrument or act or, if there is no provision for its taking effect, shall take effect,
(a) where the letters patent are or the instrument or act is delivered on terms or subject to conditions, on their satisfaction or removal; and
(b) in any other case, on delivery of the letters patent, instrument or act.
Marginal note:Words of limitation
9. Where under the laws of a province other than Quebec an instrument transferring real property without words of limitation operates as an absolute transfer of all the transferor’s interest in the real property, a grant of federal real property in that province by letters patent or by an instrument referred to in paragraph 5(1)(b) operates as a conveyance of a fee simple or equivalent estate in the property although no words of limitation are used in the instrument, if Her Majesty has power to grant the fee simple or an equivalent estate in the property and no contrary intention is expressed in the instrument.
Marginal note:Grants or concessions to Her Majesty
10. Her Majesty may grant federal real property and concede federal immovables to Herself.
Marginal note:Transfers of administration and control
11. (1) An instrument transferring administration and control of federal real property or an act transferring administration and control of federal immovables to Her Majesty in any right other than Canada pursuant to regulations made under paragraph 16(2)(e) shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice.
Marginal note:Effect of grant, etc.
(2) A grant, concession, vesting order or other conveyancing instrument or transfer act in favour of Her Majesty in respect of any real property or immovable belonging to Her Majesty in any right other than Canada results, on its acceptance, in Her Majesty having administration and control of the property.
Marginal note:Restrictions
12. A lessee of any real property or immovable from Her Majesty, the successor, sublessee or assignee of such a lessee, a person who holds an interest derived from such a lease or a person who holds a licence in respect of federal real property or federal immovables may not, without the consent of the Governor in Council, grant or agree to any covenant or condition restricting or controlling the use of the property except in favour of
(a) Her Majesty;
(b) any person through whom that interest or right was derived; or
(c) in the case of such a lessee, successor or assignee or person holding such an interest, any sublessee or licensee of that person.
APPLICATION OF OTHER LAWS
Marginal note:Acquisition under provincial Act
13. Except as expressly authorized by or under an Act of Parliament, no person acquires any federal real property or federal immovable by or under a provincial Act.
Marginal note:No title by prescription
14. No person acquires any federal real property or federal immovable by prescription.
MINISTER OF JUSTICE
Marginal note:Powers of Minister of Justice
15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property or immovable, on behalf of Her Majesty,
(a) determine the type of instrument or act to be used for those purposes and settle and approve the form and legal content of any Crown grant or other instrument or act;
(b) effect the delivery of any instrument or act, including its delivery on terms or subject to conditions satisfactory to the Minister of Justice, whether or not the satisfaction or removal of the terms or conditions will result in the delivery becoming absolute; and
(c) give and accept any undertakings from an advocate or a notary of the Province of Quebec or a barrister or solicitor of any other province that are in the opinion of the Minister of Justice necessary for or incidental to the completion of a transaction concerning real property or immovables, including undertakings respecting the delivery of any instrument or act and the payment of any purchase price or other moneys.
Marginal note:Regulations
(2) The Governor in Council may, on the recommendation of the Minister of Justice and the Treasury Board, make regulations respecting
(a) the referral of specified classes of transactions concerning real property or immovables within or outside Canada to the Minister of Justice for settlement and approval of the form and legal content of instruments or acts or for other purposes; and
(b) the establishment and operation of a depository for the deposit of copies of instruments and acts relating to federal real property and federal immovables other than instruments and acts issued under the Great Seal.
17. The heading before section 16 of the French version of the Act is replaced by the following:
DISPOSITIONS, ACQUISITIONS ET TRANSFERTS D’ATTRIBUTIONS ADMINISTRATIVES
Marginal note:1999, c. 31, ss. 96(1) and (2)
18. (1) Subsections 16(1) and (2) of the Act are replaced by the following:
Marginal note:Powers of Governor in Council
16. (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable,
(a) authorize the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;
(b) authorize the acquisition or lease of real property or immovables on behalf of Her Majesty;
(c) authorize the giving or acquisition on behalf of Her Majesty of any licence or the transfer between Ministers of administrative responsibility in relation to any licence acquired by Her Majesty;
(d) authorize, on behalf of Her Majesty, a surrender or resiliation of any lease of which Her Majesty is the lessee or the relinquishment of any licence of which Her Majesty is the licensee, or the acceptance of the surrender or resiliation of any lease of which Her Majesty is the lessor or the acceptance of the relinquishment of any licence of which Her Majesty is the licensor;
(e) transfer to Her Majesty in any right other than Canada administration and control of the entire or any lesser interest, or any right, of Her Majesty in any federal real property or federal immovable, either in perpetuity or for any lesser term;
(f) accept, on behalf of Her Majesty, the transfer of administration and control of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;
(g) despite any other Act, transfer the administration of federal real property or federal immovables from one Minister to another, from a Minister to an agent corporation or from an agent corporation to a Minister;
(h) authorize a grant of any federal real property or concession of any federal immovable to a corporation that has the administration of the property or to any person designated by that corporation;
(i) authorize the grant of any federal real property or the concession of federal immovables by Her Majesty to Herself;
(j) dedicate or authorize the dedication of any federal real property or federal immovable for a road, utility, park or other public purpose, either in perpetuity or for any lesser term; or
(k) authorize the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with any transaction authorized under this Act.
Marginal note:Regulations
(2) The Governor in Council may, on the recommendation of the Treasury Board, make regulations
(a) respecting the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;
(b) respecting the acquisition or lease of real property or immovables on behalf of Her Majesty;
(c) respecting the giving and acquisition of licences on behalf of Her Majesty and the transfer between Ministers of administrative responsibility in relation to licences acquired by Her Majesty;
(d) respecting the surrender and resiliation of leases of which Her Majesty is the lessee and the relinquishment of licences of which Her Majesty is the licensee, and the acceptance of surrenders and resiliations of leases of which Her Majesty is the lessor and the acceptance of relinquishments of licences of which Her Majesty is the licensor;
(e) respecting the transfer to Her Majesty in any right other than Canada, by instrument or act satisfactory to the Minister of Justice, of administration and control of the entire or any lesser interest, or any right, of Her Majesty in federal real property or federal immovables, either in perpetuity or for any lesser term;
(f) respecting the acceptance, on behalf of Her Majesty, of transfers of administration and control satisfactory to the Minister of Justice of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;
(g) respecting the transfer of the administration of federal real property or federal immovables by one Minister to another, by a Minister to an agent corporation or by an agent corporation to a Minister;
(h) respecting the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with transactions authorized under regulations made under this subsection;
(i) authorizing the provision of utilities and other services on or from federal real property or federal immovables and the imposition of fees, charges and rates for those services;
(j) imposing fees for the provision of copies of maps, plans, field notes, documents, papers and other records pertaining to federal real property or federal immovables, for the preparation of documents evidencing a disposition or lease of federal real property or federal immovables and for the deposit in a department of documents relating to federal real property or federal immovables;
(k) establishing a formula for determining the rate of interest to be paid with respect to the purchase money, rent or other consideration for federal real property or federal immovables disposed of, leased, licensed or otherwise dealt with under this Act; and
(l) respecting the dedication, in perpetuity or for a lesser term, of any federal real property or federal immovable for a road or utility purpose.
Marginal note:1994, c. 26, s. 31
(2) Subsections 16(6) and (7) of the Act are replaced by the following:
Marginal note:Rent
(6) Despite the Financial Administration Act, if a lease of federal real property or federal immovables or a licence in respect of any such property is authorized under this Act, the amount of the rent or other consideration charged for the lease or licence may, subject to the order or regulations by which it is authorized, be less than, equal to or more than the costs borne by Her Majesty in relation to the property.
Marginal note:Acquisition of shares
(7) Where an acquisition or a lease is authorized under this Act in relation to
(a) real property in a condominium project or an immovable under divided co-ownership,
(b) real property or an immovable in a co-operative project, or
(c) real property or an immovable in any similar project,
that authorization also constitutes the authority for the acquisition of a share, membership interest or ownership interest in the relevant condominium corporation, syndicate of co-owners, co-operative corporation or similar corporation, to the extent that the acquisition of the share, membership interest or ownership interest is required by, or effected by, the law of the jurisdiction in which the project is situated.
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