Federal Real Property and Federal Immovables Regulations

8 (1) Subject to subsections (2) to (5), no payment shall be made in respect of an acquisition until good title satisfactory to the Minister of Justice is obtained through that Minister.

(2) A Minister may make a partial payment in respect of an acquisition of real property that is within Canada, before the completion of the acquisition, under an arrangement satisfactory to the Minister of Justice that ensures its repayment to Her Majesty if the Minister of Justice is not satisfied as to good title.

(3) Subsections (1) and (2) do not apply in respect of

• (a) an option for an acquisition; or

• (b) an acquisition entered into by the Minister responsible for the Canadian Security Intelligence Service for the purpose of pursuing security investigations or by the Minister responsible for the Royal Canadian Mounted Police for the purpose of pursuing security or criminal investigations.

(4) The Secretary of State for External Affairs may, in respect of the acquisition of real property outside Canada, make a payment if the payment

• (a) is in accordance with the commercial practice of the jurisdiction in which the real property is situated;

• (b) is paid under an arrangement that ensures its repayment to Her Majesty if good title satisfactory to the Minister of Justice cannot be obtained or the title or ownership cannot be certified by a person who is hired to perform legal services pursuant to section 4 of the Government Contracts Regulations; and

• (c) is paid under an arrangement that ensures immediate possession by Her Majesty when full payment is made.

(5) Notwithstanding subsection (4), the Secretary of State for External Affairs may, in respect of the acquisition of real property that is situated in a jurisdiction in which the title to or ownership of real property within that jurisdiction cannot be determined or certified by and to the satisfaction of the Minister of Justice, make a payment if the payment

• (a) is in accordance with the commercial practice of the jurisdiction in which the real property is situated; and

• (b) is paid under an arrangement that ensures immediate possession by Her Majesty when full payment is made.