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GRANTS AND CONCESSIONS |
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15. (1) The portion of subsection 5(1) of
the Act before paragraph (a) is replaced by
the following:
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Letters patent,
etc.
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5. (1) Federal real property may be granted
and federal immovables may be conceded
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(2) Paragraph 5(1)(b) of the English
version of the Act is replaced by the
following:
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(3) Subsections 5(2) to (5) of the Act are
replaced by the following:
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If property
within Canada
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(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.
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If property
outside
Canada
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(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.
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Leases
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(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.
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Signing
instruments
and acts
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(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.
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(4) Subsections 5(6) and (7) of the English
version of the Act are replaced by the
following:
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Counter- signature
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(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.
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Effect of
instrument or
act
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(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.
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16. Sections 6 to 15 of the Act are replaced
by the following:
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Execution of
licences
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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.
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Plans
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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.
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Execution
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(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.
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Delivery
required
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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.
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Time of
taking effect
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(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,
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Words of
limitation
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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.
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Grants or
concessions to
Her Majesty
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10. Her Majesty may grant federal real
property and concede federal immovables to
Herself.
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Transfers of
administra- tion and control
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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.
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Effect of
grant, etc.
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(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.
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Restrictions
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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
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APPLICATION OF OTHER LAWS |
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Acquisition
under
provincial Act
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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.
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No title by
prescription
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14. No person acquires any federal real
property or federal immovable by
prescription.
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MINISTER OF JUSTICE |
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Powers of
Minister of
Justice
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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,
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Regulations
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(2) The Governor in Council may, on the
recommendation of the Minister of Justice and
the Treasury Board, make regulations
respecting
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17. The heading before section 16 of the
French version of the Act is replaced by the
following:
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DISPOSITIONS , ACQUISITIONS ET TRANSFERTS D'ATTRIBUTIONS ADMINISTRATIVES |
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1999, c. 31,
ss. 96(1) and
(2)
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18. (1) Subsections 16(1) and (2) of the Act
are replaced by the following:
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Powers of
Governor in
Council
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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,
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Regulations
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(2) The Governor in Council may, on the
recommendation of the Treasury Board, make
regulations
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1994, c. 26,
s. 31
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(2) Subsections 16(6) and (7) of the Act
are replaced by the following:
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Rent
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(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.
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Acquisition of
shares
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(7) Where an acquisition or a lease is
authorized under this Act in relation to
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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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1993, c. 28,
s. 78 (Sch. III,
item 58)
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19. Section 17 of the French version of the
Act is replaced by the following:
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Terres
territoriales
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17. (1) Malgré l'article 3 de la Loi sur les
terres territoriales, les articles 13 à 16 et 19 de
cette loi s'appliquent aux biens réels fédéraux
situés au Yukon, dans les Territoires du
Nord-Ouest ou au Nunavut.
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Réserves
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(2) Dans le cas des biens réels fédéraux
situés au Yukon, dans les Territoires du
Nord-Ouest ou au Nunavut et concédés en fief
simple sous le régime de la présente loi, le
ministre des Affaires indiennes et du Nord
canadien est chargé de la gestion des biens
réels et des droits sur ceux-ci qui, par
application du paragraphe (1), font l'objet de
réserves.
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Réserves
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(3) Lorsque tout intérêt autre que le droit de
propriété en fief simple des biens réels
fédéraux situés au Yukon, dans les Territoires
du Nord-Ouest ou au Nunavut fait l'objet
d'une concession sous le régime de la présente
loi, le ministre chargé de leur gestion conserve
la gestion de ces biens réels et des droits sur
ceux-ci qui, par l'application du paragraphe
(1), font l'objet de réserves.
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1999, c. 31,
s. 97
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20. Section 18 of the Act is replaced by the
following:
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Administratio
n by Minister
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18. (1) Any federal real property or federal
immovable acquired or leased for the
purposes of a Minister's department,
including any such property acquired by way
of a transfer of administration and control
from Her Majesty in any right other than
Canada, is under the administration of that
Minister for the purposes of that department.
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Administratio
n by Minister
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(2) Where a Minister has, in relation to a
department, by or under any Act or any order
of the Governor in Council, the
``administration'', ``management'',
``administration and control'', ``control,
management and administration'',
``management, charge and direction'' or
another similarly expressed power in relation
to any federal real property or federal
immovable , that property is under the
administration of that Minister for the
purposes of that department.
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Continuity of
administra- tion
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(3) Any federal real property or federal
immovable that is under the administration of
a Minister for the purposes of a department
remains under the administration of that
Minister for the purposes of that department
until a change of administration is effected
under section 16 or on the authority or
direction of the Governor in Council.
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