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

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.