Canada Marine Act

Marginal note:Disposition of federal real property and federal immovables

• 46 (1) Subject to subsection 45(3), a port authority may not dispose of any federal real property or federal immovable that it manages but it may

  • (a) without the issuance of supplementary letters patent, grant road allowances or easements, rights of way or licences for utilities, services or access; and

  • (b) to the extent authorized in the letters patent,

    • (i) exchange that property for other real property or immovables of comparable market value subject to the issuance of supplementary letters patent that describe the other property as federal real property or federal immovables, and

    • (ii) dispose of fixtures on federal real property and federal immovables.

• Marginal note:Powers

  (1.1) The port authority may exercise the powers under paragraph (1)(a) or (b) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

• Marginal note:Other real property and immovables

  (2) A port authority may dispose of any real property or immovable that it occupies or holds, other than federal real property or federal immovables, subject to the issuance of supplementary letters patent, and, without the issuance of supplementary letters patent, it may grant road allowances or easements, rights of way or licences for utilities, services or access.

• Marginal note:Application of provincial law

  (3) A grant may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property or federal immovable is situated.