Marginal note:Correction of defective grants
21 Where a Crown grant contains a clerical error, misnomer or incorrect or defective description, or where there is in a Crown grant an omission of the conditions of the grant, or where a Crown grant is defective for any other reason, the Minister of Justice may, if there is no adverse claim, direct the defective grant to be cancelled and a correct grant to be issued in lieu thereof, and the correct grant so issued has the same force and effect as if issued on the date of the cancelled grant.
- 1991, c. 50, s. 21
- 2001, c. 4, s. 23(F)
Marginal note:Relief from inconsistent transactions
(a) order a new grant of federal real property, or a new concession of a federal immovable, of such value as the Governor in Council considers just and equitable, to be made to any person deprived as a result of the error;
(b) make a new transfer of administration and control of federal real property, or of federal immovables, of such value as the Governor in Council considers just and equitable, to Her Majesty in any right other than Canada to provide relief from the error;
(c) in the case of a sale, lease or licence, order a refund to be made of any money paid on account of the sale, lease or licence, with interest at a rate established in the manner prescribed by the Governor in Council; or
(d) where the property was transferred by or from the original holder or has been improved before the discovery of the error, or where an original Crown grant was a free grant, order a new grant of any federal real property, or a new concession of any federal immovable, that the Governor in Council considers just and equitable to be made to the original holder.
(2) No claim shall be made for relief under subsection (1) later than one year after the day on which the person making the claim becomes aware of the error.
- 1991, c. 50, s. 22
- 2001, c. 4, s. 24
23. to 49 [Amendments]
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Act in force September 15, 1992, see SI/92-151.]
- Date modified: