Federal Real Property and Federal Immovables Act (S.C. 1991, c. 50)

Marginal note:Territorial lands

• 17 (1) Despite section 3 of the Territorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in Nunavut.

• Marginal note:Yukon and Northwest Territories

  (1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon or the Northwest Territories that is under the administration of a minister or an agent corporation.

• Marginal note:Administration — Minister of Northern Affairs

  (2) If any federal real property in Nunavut or any federal real property that is described in subsection (1.1) is granted in fee simple under this Act, the Minister of Northern Affairs has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).

• Marginal note:Administration — interest other than fee simple

  (3) If an interest — other than the fee simple in that federal real property — that is under the administration of a minister is granted under this Act, that minister retains the administration of the property and rights that are reserved from the grant by virtue of subsection (1) or (1.1).

Marginal note:Administration by Minister

• 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.

• Marginal note:Administration by Minister

  (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.

• Marginal note:Continuity of administration

  (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.

• Marginal note:Consequences of administration

  (4) Where any federal real property or federal immovable is under the administration of a Minister for the purposes of a department, that Minister has the right to the use of that property for the purposes of that department, subject to any conditions or restrictions imposed by or under this or any other Act or any order of the Governor in Council, but is not entitled by reason only of the administration of the property to dispose of it or to retain the proceeds of its use or disposition or the fruits and revenues of its use.

• Marginal note:For greater certainty

  (5) For greater certainty, a Minister may have the administration of federal real property or federal immovables for the purposes of any department of which that Minister is the Minister.

• Marginal note:Signature is evidence

  (5.1) Despite subsections (1) to (3), if a Minister is satisfied that the federal real property or federal immovable described in an instrument or act referred to in section 5 or 11, a licence referred to in section 6 or a plan referred to in section 7 is under the Minister’s administration, that property is deemed to be under the administration of the Minister and the signature of the Minister on the instrument, act, licence or plan is conclusive evidence that the Minister is so satisfied.

• Marginal note:Administration by corporation

  (6) If, by or under any Act or any order of the Governor in Council, a corporation has, by the use of any expression mentioned in subsection (2) or any similar expression, the right to the use of any federal real property or federal immovable, and no Minister has the administration of the property, the corporation has, for the purposes of paragraphs 16(1)(g) and (h) and (2)(g), the administration of that property.

General

Marginal note:Defence property vested in Her Majesty

• 19 (1) Such of the real property and immovables mentioned in the schedule to the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, as was on June 1, 1950 vested in Her Majesty, by whatever mode of conveyance it was acquired or taken and whether in fee, for life, for years or otherwise, and all the appurtenances of the real property and the accessories and dependencies of the immovables, unless disposed of since that date, continue absolutely vested in Her Majesty for the purposes of Canada in the same manner and to the same extent as on June 1, 1950.

• Marginal note:Disposition of defence property

  (2) Until the Governor in Council provides otherwise, federal real property and federal immovables that are declared by the Governor in Council to be necessary for the defence of Canada shall not be disposed of, but the Governor in Council may authorize the lease or other use of any such property as the Governor in Council thinks best for the advantage of Canada.

• Marginal note:Deeming

  (3) Lands that on June 1, 1950 were lands in class one under the Ordnance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, shall be deemed to have been declared by the Governor in Council to be necessary for the defence of Canada.

Marginal note:Grants or concessions to deceased persons not null or void

20 A Crown grant that is issued to or in the name of a person who is deceased is not for that reason null or void, but the title to the real property or immovable intended to be granted or conceded vests in the heirs, assigns or successors, legatees or legatees by particular title, or other legal representatives of the deceased person according to the laws in force in the province in which the property is situated as if the Crown grant had issued to or in the name of the deceased person during the person’s lifetime.

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.

Marginal note:Relief from inconsistent transactions

• 22 (1) Where, through error, inconsistent transactions relating to the same federal real property or federal immovable have been entered into, the Governor in Council may

  • (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.

• Marginal note:Idem

  (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.

Consequential Amendments

23 to 49 [Amendments]

Repeal

50 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*51 This Act shall come into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force September 15, 1992, see SI/92-151.]