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Federal Real Property and Federal Immovables Regulations (SOR/92-502)

Regulations are current to 2021-02-15 and last amended on 2020-06-18. Previous Versions

Referral of a Disposition to the Minister of Justice

  •  (1) Subject to subsection (2), a Minister shall refer every disposition to the Minister of Justice for settlement and approval of the form and legal content of the Crown grant.

  • (2) Subsection (1) does not apply to

    • (a) the Minister of Foreign Affairs, if the performance of legal services in respect of a disposition is authorized under section 4 of the Government Contracts Regulations; or

    • (b) the Minister responsible for the Royal Canadian Mounted Police or the Minister responsible for the Canadian Security Intelligence Service, if a disposition is in respect of real property or an immovable acquired for the purpose of pursuing investigations described in paragraph 8(3)(b).

  • (3) Where, pursuant to subsections 5(6) and 7(2) of the Act, a Crown grant is to be countersigned by the Minister of Justice, the countersignature is conclusive evidence that the Minister of Justice has settled and approved the form and legal content of the Crown grant.

  • SOR/2020-134, s. 9

Option Terms

 If a Minister, in an option for an acquisition, is granted the right to enter and conduct tests in respect of the real property or immovable that is subject to the option, the Minister may agree with the person granting the option

  • (a) to indemnify that person from all claims and demands that arise as a result of the Minister exercising the right to enter;

  • (b) to repair or to pay compensation in respect of any damage done to any real property or immovable of that person, other than the real property or immovable that is the subject of the option, that arises as a result of the Minister exercising the right to enter; and

  • (c) in the event that the option is not exercised, to repair or to pay compensation for any damage done to the real property or immovable that is subject to the option that arises as a result of the Minister exercising the right to enter.

  • SOR/2020-134, s. 10

Document Depository

  •  (1) The Minister of Justice must establish and operate a document depository at the Department of Justice that contains copies of the following instruments or acts:

    • (a) grants or concessions of federal real property or a federal immovable, including grants or concessions by instruments or acts referred to in paragraph 5(1)(b), subsections 5(2) and (3) and section 7 of the Act, other than letters patent, notifications, leases or grants or concessions in respect of a disposition of any real property or immovable that was the subject of an acquisition described in paragraph 8(3)(b);

    • (b) transfers of administration and control of real property or an immovable and acceptances of those transfers;

    • (c) transfers of administration of federal real property or a federal immovable and acceptances of those transfers; and

    • (d) transfers of administrative responsibility for a licence and acceptances of such transfers.

  • (2) Except in the case of a disposition of real property or an immovable that was the subject of an acquisition described in paragraph 8(3)(b), a copy of the instrument or act must immediately be sent to the document depository by the Minister who

    • (a) ceases to have the administration of any federal real property or federal immovable by virtue of

      • (i) a grant or a concession referred to in paragraph (1)(a),

      • (ii) a transfer of administration and control of the federal real property or federal immovable to Her Majesty in any right other than of Canada, or

      • (iii) a transfer of administration of the federal real property or federal immovable to an agent corporation;

    • (b) acquires the administration of any federal real property or federal immovable by virtue of

      • (i) a transfer of administration and control of real property or an immovable to Her Majesty and the acceptance of that transfer, or

      • (ii) a transfer of administration of the federal real property or federal immovable from another Minister or an agent corporation and the acceptance of that transfer; or

    • (c) acquires the administrative responsibility for a licence by virtue of a transfer referred to in paragraph (1)(d) and the acceptance of the transfer.

  • (3) Instruments, acts and information may be recorded or stored in the document depository by any means.

  • SOR/2020-134, s. 11
 
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