Guide to the Federal Real Property Act and Federal Real Property Regulation
1. Federal Real Property Act(continued)
Section 17 - Territorial Lands
Territorial lands
17. (1) Notwithstanding 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 the Yukon Territory and the Northwest Territories.
Administration of reserved property
17. (2) Where any federal real property in the Yukon Territory or in the Northwest Territories is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of such property and rights as are reserved from the grant by virtue of subsection (1).
Idem
17. (3) Where an interest other than the fee simple in any federal real property in the Yukon Territory or the Northwest Territories that is under the administration of a Minister is granted under this Act, that Minister retains the administration of such property and rights as are reserved from the grant by virtue of subsection (1).
Notes
Subsection 17(1) can make all sales, leases, or other dispositions of federal real property in the Yukon or the Northwest Territories made pursuant to this Act contain the same restrictions and reservations to the Crown as those contained in sections 13 through 16 and section 19 of the Territorial Lands Act.
This section has been amended to include a reference to Nunavut. However, this amendment will not come into force until April 1, 1999, or an earlier date if ordered by the Governor in Council. [The amendment is included below.]
Why make the same reservations to the Crown mandatory in the territories when the Crown can grant real property with different reservations throughout the rest of Canada? The Territorial Lands Act was intended to be the primary vehicle by which to grant federal real property in the territories, and the mineral and other reservations were meant to apply to all grants made under that Act. Whereas Her Majesty always has the power to grant property with reservations specific to the property being granted, the differences which existed prior to the FRPA in the reservations on property granted in the territories is not due to any differences specific to the property being granted, but only because the property was administered by different ministers and was therefore granted under different Acts. Section 17 of the FRPA ensures that a uniform set of reservations is made in every Crown grant in the territories, while preserving the right to make any further reservations that could be relevant to the specific property being granted.
Subsection 17(2) states that the Minister of Indian Affairs and Northern Development shall administer the rights reserved by the application of subsection 17(1) in those cases where all the Crown's interest is being conveyed (a fee simple conveyance). This is for consistency with the Territorial Lands Act, under which the Minister of Indian Affairs and Northern Development administers the rights reserved under that Act.
Section 17 - Territorial Lands
Subsection 17(3) states that in those cases where less than all the Crown's interest is being conveyed, such as in a lease, the minister administering the property can administer the rights reserved by the application of subsection 17(1).
Why do subsections 17(2) and (3) differentiate between fee simple and non-fee simple grants of federal real property in the territories? In fee simple grants of federal real property in the territories, by virtue of subsection 17(1) of this Act, the only interests that the federal Crown retains in the property are those reserved by sections 13 through 16 and 19 of the Territorial Lands Act. Under that Act, the Minister of Indian Affairs and Northern Development administers these reserved interests. For continuity, it was decided to retain that administration as any other minister who conveyed the property in fee simple would have no further interest in the property. In cases of a less than fee simple conveyance, such as a lease, the minister administering the property would still retain an interest in the property (aside from the rights reserved by virtue of subsection 17(1)). Therefore, it makes sense for that minister to administer all the Crown's interests in that property, including the interests reserved in sections 13 through 16 and 19 of the Territorial Lands Act.
The Nunavut amendment (S.C. 1993, c. 28, Sch. III, s. 58) reads as follows:
"Territorial lands
17. (1) Notwithstanding 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 the Yukon Territory, the Northwest Territories and Nunavut.
Administration of reserved property
17. (2) Where any federal real property in the Yukon Territory, the Northwest Territories or Nunavut is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of such property and rights as are reserved from the grant by virtue of subsection (1).
Idem
17. (3) Where an interest other than the fee simple in any federal real property in the Yukon Territory, the Northwest Territories or Nunavut that is under the administration of a Minister is granted under this Act, that Minister retains the administration of such property and rights as are reserved from the grant by virtue of subsection (1)."
Related General Questions
3.1.14 What did the FRPA change in regard to real property in the Yukon and Northwest Territories?
3.3.6 What is fee simple?
Source
New.
Section 18 - Administration
Subsection 1 - Acquisitions and Administration
Administration by Minister
18. (1) Federal real property purchased, leased or otherwise acquired 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.
Notes
Subsection 18(1) states that real property acquired by any means for the purposes of a minister's department is administered by that minister. This is consistent with Treasury Board policy relating to acquisitions.
The purpose of this section is to confirm the direct link between the minister and the department for whose purposes the property was acquired. For example, the link for property used by the National Archives would be between the National Archives, a department as that term is defined under the FRPA, and the appropriate minister for the Archives, regardless of any other departments in that minister's portfolio.
Related General Questions
3.4.1 What is "administration" of federal real property?
3.4.4 What are the main responsibilities of a minister in relation to the real property he or she administers?
3.4.6 Why are transfers of administration made?
3.4.3 What is the difference between "administration" and "administration and control?"
Source
New.
Related Sections in the FRPA, FRPRegs and TBRP
FRPA
- s. 2(1): definition of "administration"
- s. 16(1)(g): GIC authorization of transfers of administration
- s. 16(2)(g): regulations on transfers of administration
- s. 17(2): administration of reserved interests in fee simple grants
- s. 17(3): administration of reserved interests in non-fee simple grants
- s. 18(2): ministerial administration
- s. 18(3): continuity of administration
- s. 18(4): consequences of administration
- s. 18(5): administration of departmental property
TBRP
- chap. 1-2: administration
FRPRegs
- s. 6: transfer of administration or administrative responsibility
Section 18 - Administration
Subsection 2 - Ministerial Administration
Idem
18. (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, such property is under the administration of that Minister for the purposes of that department.
Notes
This subsection states that a minister who, pursuant to a federal Act or an Order in Council, has the
- administration,
- administration and control,
- control, management and administration,
- management, charge and direction, or
- any similarly expressed power
over any federal real property, administers that property.
The subsection makes it clear that the word "administration" did not have to be used in the federal Act or Order in Council.
Related General Questions
3.4.5 Did the coming into force of the FRPA affect the administration held by a minister?
3.4.2 Why was the change made to "administration?"
Source
New.
Related Sections in the FRPA, FRPRegs and TBRP
FRPA
- s. 2(1): definition of "administration"
- s. 16(1)(g): GIC authorization of transfers of administration
- s. 16(2)(g): regulations on transfers of administration
- s. 17(2): administration of reserved interests in fee simple grants
- s. 17(3): administration of reserved interests in non-fee simple grants
- s. 18(1): acquisitions and administration
- s. 18(3): continuity of administration
- s. 18(4): consequences of administration
- s. 18(5): administration of departmental property
- s. 18(6): administration by corporation
FRPRegs
- s. 6: transfer of administration or administrative responsibility
Section 18 - Administration
Subsection 3 - Continuity of Administration
Continuity of administration
18. (3) Federal real property 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 pursuant to section 16 or on the authority or direction of the Governor in Council.
Notes
Subsection 18(3) states that a minister shall administer federal Crown lands until a change of administration is made in accordance with this Act or on the authority of the Governor in Council.
Related General Questions
3.4.5 Did the coming into force of the FRPA affect the administration held by a minister?
3.4.6 Why are transfers of administration made?
Source
New.
Related Sections in the FRPA, FRPRegs and TBRP
FRPA
- s. 2(1): definition of "administration"
- s. 16(1)(g): GIC authorization of transfers of administration
- s. 16(2)(g): regulations on transfers of administration
- s. 17(2): administration of reserved interests in fee simple grants
- s. 17(3): administration of reserved interests in non-fee simple grants
- s. 18(1): acquisitions and administration
- s. 18(2): Ministerial administration
- s. 18(4): consequences of administration
- s. 18(5): administration of departmental property
- s. 18(6): administration by corporation
FRPRegs
- s. 6: transfer of administration or administrative responsibility
Section 18 - Administration
Subsection 4 - Consequences of Administration by Ministers
Consequences of administration
18. (4) Where any federal real property is under the administration of a Minister for the purposes of a department, the 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.
Notes
Subsection 18(4) describes the legal effect of a minister administering federal real property. Under the subsection, the minister can use the particular federal Crown lands for the purposes of one of his or her departments. The right to use the property is subject to any applicable conditions or restrictions.
Subsection 18(4) makes it clear that simply because a minister administers a property does not necessarily mean that he or she has the right to dispose of the property or to retain the proceeds of its use or disposition. In practice, the FRPRegs (s.4) give ministers the authority to dispose of the property that they administer. In addition, Treasury Board policy discusses circumstances when retaining proceeds may be possible.
Does this mean a minister doesn't have the right to acquire or dispose of real property? No. The section states that a minister administering federal real property has the right to use the property for the purposes of his or her department. The minister may also have the right to dispose of or acquire federal real property. However, the right to dispose of or acquire must come from either another section of the FRPA, or from another Act of Parliament.
Source
New.
Related Sections in the FRPA, FRPRegs and TBRP
FRPA
- s. 2(1): definition of "administration"
- s. 5: grants of federal real property
- s. 16(1)(g): GIC authorization of transfers of administration
- s. 16(2)(g): regulations on transfers of administration
- s. 17(2): administration of reserved interests in fee simple grants
- s. 17(3): administration of reserved interests in non-fee simple grants
- s. 18(1): acquisitions and administration
- s. 18(2): Ministerial administration
- s. 18(3): continuity of administration
- s. 18(5): administration of departmental property
TBRP
- chap. 1-4: revenue
FRPRegs
- s. 6: transfer of administration or administrative responsibility
Section 18 - Administration
Subsection 5 - Administration of Departmental Property
For greater certainty
18. (5) For greater certainty, a Minister may have the administration of federal real property for the purposes of any department of which that Minister is the Minister.
Notes
This subsection clarifies that a minister may administer federal real property for the purposes of any of the his or her departments.
This subsection makes it clear that a minister may administer federal real property for any department for which he or she is the appropriate minister, regardless of whether the department is
- a department named in Schedule I to the FAA, such as the Department of Transport;
- a division or branch of the Public Service named in Schedule I.1 to the FAA, such as the National Archives of Canada; or
- a departmental corporation, such as the National Research Council of Canada.
The subsection also clarifies that although a minister may be the appropriate minister for several departments, a particular piece of federal real property may only be under the administration of the minister for the purposes of one of those departments. This reiterates the purpose of subsection 18(1). The administration of a piece of federal real property for the purposes of one department would have to be transferred if it were to be used for the purposes of another department, regardless of whether the same minister were the appropriate minister for the two departments. This makes it clear that the managerial responsibility for the property rests with a minister for the purposes of a particular department.
Source
New.
Related Sections in the FRPA, FRPRegs and TBRP
FRPA
- s. 2(1): definition of "administration"
- s. 2(1): definition of "department"
- s. 16(1)(g): GIC authorization of transfers of administration
- s. 16(2)(g): regulations on transfers of administration
- s. 17(2): administration of reserved interests in fee simple grants
- s. 17(3): administration of reserved interests in non-fee simple grants
- s. 18(1): acquisitions and administration
- s. 18(2): Ministerial administration
- s. 18(3): continuity of administration
- s. 18(4): consequences of administration
FRPRegs
- s. 6: transfer of administration or transfer of administrative responsibility
Section 18 - Administration
Subsection 6 - Administration by Corporation
Administration by corporation
18. (6) Where, by or under any Act of Parliament or any order of the Governor in Council, a corporation has the right to the use of any federal real property the title to which is vested in Her Majesty, by the use of any expression mentioned in subsection (2) or any similar expression, 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.
Notes
This subsection states that a corporation that, pursuant to a federal Act or an Order in Council, has the
- administration,
- administration and control,
- control, management and administration,
- management, charge and direction, or
- any similarly expressed power
over any federal real property, which is not administered by a minister, administers that property for the purposes of paragraphs 16(1)(j) and (l) and (2)(g) of this Act. Those paragraphs deal with transfers of administration and with grants of federal real property under the administration of a corporation.
The subsection makes it clear that the word "administration" did not have to be used in the federal Act or Order in Council.
The section applies to any real property that the corporation administers, the title of which is in Her Majesty's name, and that no minister administers.
Related General Questions
3.7.2. Did the coming into force of the FRPA affect the administration held by a Crown corporation?
3.7.3 Did this mean that a Crown corporation that had managed, charged and directed real property would suddenly lose its power to dispose of the property and retain the proceeds from the disposal because it would only have "administration" of the property?
Source
New.
Related Sections in the FRPA, FRPRegs and TBRP
FRPA
- s. 2(1): definition of "administration"
- s. 16(1)(g): GIC authorization of transfers of administration
- s. 16(1)(h): GIC authorization of grants of property administered by a corporation
- s. 16(2)(g): regulations on transfers of administration
FRPRegs
- s. 6: transfer of administration and transfer of administrative responsibility
Section 19 - Defence Lands
Defence lands vested in Her Majesty
19. (1) Such of the real property mentioned in the schedule to the Ordinance 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 thereof, unless disposed of since that date, continues absolutely vested in Her Majesty for the purposes of Canada in the same manner and to the same extent as on June 1, 1950.
Alienation of defence lands
19. (2) Until the Governor in Council otherwise provides, federal real property that is declared by the Governor in Council to be necessary for the defence of Canada shall not be sold, alienated or otherwise disposed of, but the Governor in Council may authorize the lease or other use of such property as the Governor in Council thinks best for the advantage of Canada.
Deeming
(3) Lands that on June 1, 1950 were lands in class one under the Ordinance 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.
Notes
Subsection 19(1) states that the lands listed in the schedule to the Ordinance and Admiralty Lands Act as of June 1, 1950 continue to be federal Crown lands. This is essentially unchanged from previous legislation. However, it does clarify that the section only applies to real property which has not been disposed of by the government subsequent to June 1, 1950.
Section 19 was intended to ensure continuity of title for the lands mentioned in the Ordinance and Admiralty Lands Act. This continuity of title ensures that these lands, considered by the Governor in Council to be necessary for the defence of Canada, remain federal Crown property.
What was the Ordinance and Admiralty Lands Act? The Act set out restrictions on the disposal of public lands which were considered by the Governor in Council to be necessary to defend Canada. This Act was repealed in 1950.
What kind of lands are mentioned in the Schedule to the Ordinance and Admiralty Lands Act? Military reserves located in Ontario, Quebec, and in the Maritimes.
Section 19 - Defence Lands
Why is the date of June 1, 1950 important in section 19? This was the date that the Ordinance and Admiralty Lands Act was repealed by the Public Lands Grants Act, 1950. The predecessor of section 19 first appeared in this 1950 revision of the Public Lands Grants Act.
Subsections 19(2) and (3) are essentially unchanged from the previous legislation. Subsection 19(2) prohibits disposing of federal real property declared by the Governor in Council to be "necessary for the defence of Canada." However, the subsection specifically allows the Governor in Council the option to lease or otherwise use the property as the Governor in Council "thinks best for the advantage of Canada." One difference from the previous legislation is that the subsection now explicitly provides that the Governor in Council may take real property out of this classification.
Subsection 19(3) states that class one lands under the Ordinance and Admiralty Lands Act on June 1, 1950 are deemed to be lands declared by the Governor in Council to be "necessary for the defence of Canada."
What kind of lands were class one lands under the Ordinance and Admiralty Lands Act? Class one lands under that Act were lands that had to be retained by the government to defend Canada.
Source
Subsection 19(1) is a modification of section 7 of the Public Lands Grants Act, which read:
" 7. Such of the lands mentioned in the schedule to the Ordinance and Admiralty Lands Act, chapter 115 of the Revised Statutes of Canada, 1927, as on June 1, 1950 were vested in Her Majesty in right of Canada, by whatever mode of conveyance they were acquired or taken, whether in fee, for life, for years or otherwise, and all the appurtenances thereof, are and 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."
Subsections 19(2) and (3) are modifications of subsections 8(1) and 8(2), respectively, of the Public Lands Grants Act, which read:
" 8. (1) Public Lands that are declared by the Governor in Council to be necessary for the defence of Canada shall not be sold, alienated or otherwise disposed of but may be leased or otherwise used as the Governor in Council thinks best for the advantage of Canada.
(2) Until the Governor in Council otherwise provides, lands that on June 1, 1950 were lands in class one under the Ordinance and Admiralty Lands Act are deemed to have been declared by the Governor in Council to be necessary for the defence of Canada."
Section 20 - Grants to Deceased Persons
Grants to deceased persons not void
20. A Crown grant that is issued to or in the name of a person who is deceased is not for that reason void, but the title to the real property intended to be granted vests in the heirs, assigns, devisees or other legal representatives of the deceased person according to the laws in force in the province in which the real property is situated as if the grant had issued to or in the name of the deceased person during the person's lifetime.
Notes
This section is essentially unchanged from the previous legislation. Under the section, a Crown grant is not void simply because it was issued to or in the name of a deceased person. The section ensures that the situation in this case is the same as if the grant had been made during the deceased person's lifetime. Title to the granted land automatically vests in the heirs or representatives of the deceased under the relevant provincial law.
Why is this section needed? Under common law, a real property conveyance is void if the grantee, i.e., the person receiving the property under the conveyance, died prior to the delivery of the conveyance. Section 20 abrogates this rule and allows the lands granted by a Crown grant to form part of the grantee's estate.
Source
Slight modification in the wording of section 9 of the Public Lands Grants Act, which read as follows:
" 9. A grant that is issued to or in the name of a person who is dead is not therefore void, but the title to the land thereby granted or intended to be granted vests in the heirs, assigns, devisees or other legal representatives of the deceased person according to the laws in force in the province in which the land is situated, as if the grant had issued to or in the name of the deceased person during that person's lifetime."
Section 21 - Correction of Defective Grants
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.
Notes
This section describes circumstances under which the Minister of Justice may correct defective Crown grants. Correctable errors under section 21 are:
• issuing the grant to, or in the name of, a wrong person;
• clerical errors or misnomers;
• wrong or defective description of the land intended to be granted;
• omission of the conditions of the grant; and
• defectiveness of the grant for any other reason.
Where these errors exist, the Minister of Justice may direct that the defective grant be cancelled and a corrected one issued. Such a direction can only be made if there is no adverse claim to the original grant or the lands granted. The corrected grant is deemed to have been issued as of the date of the original grant.
Why was the Minister of Justice given Governor in Council powers in the predecessor to section 21? Previously if letters patent were issued to the wrong person or contained a clerical error, a wrong or defective description, or if a condition which should have been in the letters patent was omitted, it was necessary to obtain Governor in Council approval to correct the grant. The authority to correct a defective grant under section 21 only exists if no adverse claim has been made. An undisputed correction of the grant could be authorized more expeditiously by the Minister of Justice than by the Governor in Council.
What will happen in cases of disputed corrections? In some cases the Governor in Council may rectify the problem through the procedures outlined in section 22 of the FRPA. In other cases, the dispute may become the subject of litigation.
Source
Modification of section 10 of the Public Lands Grants Act, which read:
" 10. Where a grant has issued to or in the name of a wrong person, or contains a clerical error, misnomer or wrong or defective description of the land thereby intended to be granted, or where there is in the grant an omission of the conditions of the grant, the Governor in Council 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 relates back to the date of the grant so cancelled and has the same force and effect as if issued at the date of the cancelled grant."
Section 22 - Inconsistent Grants and Transactions
Relief from inconsistent transactions
22. (1) Where through error, inconsistent transactions relating to the same federal real property have been entered into, the Governor in Council may
(a) order a new grant of federal real property, 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, 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 has passed 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 such federal real property as the Governor in Council considers just and equitable under the circumstances to be made to the original holder.
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.
Notes
This section continues the previous legislation with some slight modifications.
Section 22 describes the options available to the Governor in Council when two or more inconsistent Crown grants, sales, or appropriations are erroneously made for the same land.
These options include:
- making another grant of real property to the person whose original grant is invalid;
- making a new transfer of administration and control;
- refunding the purchase money with interest in the case of a sale, lease, or licence; or
- granting such other real property as the Governor in Council considers equitable to the original grantee where:
- the original grantee no longer owns the property originally granted;
- the originally granted property was improved before the error was discovered; or
- the original grant was a "free" Crown grant.
A claim for relief under this section must be made within the limitation period of one year after the error is discovered.
Section 22 - Inconsistent Grants and Transactions
Source
Modification of subsections 11(1) and (2) of the Public Lands Grants Act, which read:
" 11. (1) Where through error grants have issued for the same land, inconsistent with each other, or where sales or appropriations of the same land, inconsistent with each other, have been made, the Governor in Council may
(a) order a new grant to the person thereby deprived, of land to a value equal to that of the original grant at the time of the grant;
(b) 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 the rate of five per cent per annum; or
(c) when the land has passed from the original holder, or has been improved before the discovery of the error, or when the original grant was a free grant, grant to the original holder such land as to the Governor in Council seems just and equitable under the circumstances.
(2) No claim under subsection (1) shall be entertained unless it is made within one year after the discovery of the error."
Sections 23 to 49 - Consequential Amendments
Consequential Amendments
Notes
These sections contain the specific amendments to previous legislation necessary to give effect to the provisions of this Act. The Acts amended were:
- Canada-Newfoundland Atlantic Accord Implementation Act
- amendments of sections 167 and 172;
- Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
- amendments of sections 172 and 177;
- Financial Administration Act
- amendment of sections 61 and 99;
- Government Property Traffic Act
- amendment of section 4;
- Department of Indian Affairs and Northern Development Act
- amendment of section 6;
- Land Titles Act
- amendment of section 55;
- Municipal Grants Act
- amendment of section 2;
- Northern Inland Waters Act
- amendment of section 30;
- Northern Pipeline Act
- amendment of section 37;
- Oil and Gas Production and Conservation Act
- amendment of sections 30 and 37;
- Public Works Act
- amendment of sections 9 and 18, repeal of sections 36 and 39.1;
- Surplus Crown Assets Act
- insertion of new section 2.1, amendment of sections 3 and 19;
- Territorial Lands Act
- amendment of section 3;
- Department of Transport Act
- amendment of section 12;
- Canada Wildlife Act
- amendment of sections 4 and 12; and
- Yukon Placer Mining Act
- amendment of section 17.
Please note that these provisions may have been subsequently repealed or amended further.
Sections 23 and 24 - Canada-Newfoundland Atlantic Accord Implementation Act
1987, c. 3
Canada-Newfoundland Atlantic Accord
Implementation Act
23. Subsection 167(2) of the Canada-Newfoundland Atlantic Accord Implementation Act is repealed and the following substituted therefor:
Pooling
agreement by
Her Majesty
"(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as it deems advisable and, notwithstanding anything in Part II or this Part, the Federal Real Property Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty."
24. Subsection 172(2) of the said Act is repealed and the following substituted therefor:
Minister may enter into unit agreement
"(2) The Board may enter into a unit agreement binding on Her Majesty, on such terms and conditions as it may deem advisable, and such of the regulations under Part II or this Part or the Federal Real Property Act as may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement."
Notes
This section replaced the references to the Public Lands Grants Act in subsection 167(2) and subsection 172(2) with references to the FRPA. This ensured continuity in the subsection when the Public Lands Grants Act was repealed by section 50 of this Act.
What is the Canada-Newfoundland Atlantic Accord Implementation Act? This Act implements the Atlantic Accord of February 11, 1985 between the federal government and the Province of Newfoundland regarding managing offshore oil and gas resources and sharing revenue.
Sections 23 and 24 - Canada-Newfoundland Atlantic Accord Implementation Act
Source
Subsection 167(2) of the Canada-Newfoundland Atlantic Accord Implementation Act read as follows:
Pooling agreement by Her Majesty
"(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as it deems advisable and, notwithstanding anything in Part II or this Part, the Public Lands Grants Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty. "
Subsection 172(2) of the Canada-Newfoundland Atlantic Accord Implementation Act read as follows:
Minister may enter into unit agreement
"(2) The Board may enter into a unit agreement binding on Her Majesty, on such terms and conditions as it may deem advisable, and such of the regulations under Part II or this Part or the Public Lands Grants Act as may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement. "
Sections 25 and 26 - Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
1988, c. 28
Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation Act
25. Subsection 172(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is repealed and the following substituted therefor:
Pooling agreement by Her Majesty
"(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as it deems advisable and, notwithstanding anything in Part II or this Part, the Federal Real Property Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty."
26. Subsection 177(2) of the said Act is repealed and the following substituted therefor:
Board may enter into unit agreement
"(2) The Board may enter into a unit agreement binding on Her Majesty, on such terms and conditions as it may deem advisable, and such of the regulations under Part II or this Part or the Federal Real Property Act as may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement."
Notes
This section replaced references to the Public Lands Grants Act in subsections 172(2) and 177(2) with references to the FRPA. This ensured continuity in the subsection when the Public Lands Grants Act was repealed by section 50 of this Act.
What is the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act? This Act implements the August 26, 1985 agreement between the federal government and the Province of Nova Scotia regarding managing offshore oil and gas resources and sharing revenue.
Sections 25 and 26 - Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Source
Subsection 172(2) of the Canada-Nova Scotia Petroleum Resources Accord Implementation Act read as follows:
Pooling agreement by Her Majesty
"(2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as it deems advisable and, notwithstanding anything in Part II or this Part, the Public Lands Grants Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty."
Subsection 177(2) of the Canada-Nova Scotia Petroleum Resources Accord Implementation Act read as follows:
Minister may enter into unit agreement
"(2) The Board may enter into a unit agreement binding on Her Majesty, on such terms and conditions as it may deem advisable, and such of the regulations under Part II or this Part or the Public Lands Grants Act as may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement."
Section 27 - Financial Administration Act, section 61
R.S., c. F-11
Financial Administration Act
27. Section 61 of the Financial Administration Act is repealed and the following substituted therefor:
Transfers, etc. of public property
"61. (1) Subject to any other Act of Parliament, no transfer, lease, or loan of public property shall be made except pursuant to the Federal Real Property Act in the case of federal real property as defined in that Act, or pursuant to subsection (2) in the case of other public property.
Regulations
(2) The Governor in Council, on the recommendation of the Treasury Board, may authorize or make regulations authorizing the transfer, lease or loan of public property other than federal real property as defined in the Federal Real Property Act."
Notes
This section amended section 61 of the FAA to clarify that that section does not apply to dispositions of federal real property. The FRPA was intended to be the primary general means by which dispositions of real property by the government are regulated.
Source
Modification of section 61 of the FAA, which read:
PART V
PUBLIC PROPERTY
61. Subject to any other Act of Parliament, no transfer, lease or loan of public property shall be made to any person except on the direction of the Governor in Council or in accordance with regulations of the Governor in Council made on the recommendation of the Treasury Board."
Section 28 - Financial Administration Act, section 99
28. Subsection 99(6) of the said Act is repealed and the following substituted therefor:
Provision and Acts not applicable
"(6) Section 61 of this Act, the Surplus Crown Assets Act and the Federal Real Property Act, except paragraphs 16(1)(g) and (h) and (2)(g) and subsection 18(6) thereof, do not apply to an agent corporation."
Notes
This section amended subsection 99(6) of the FAA by
- deleting a reference to the Public Lands Grants Act, which was repealed by section 50 of the FRPA; and
- including a reference to the FRPA.
It should be noted that unlike the Public Lands Grants Act, the FRPA is intended, in certain specific sections, to apply to agent Crown corporations. These sections, paragraphs 16(1)(j) and (l) and (2)(g), allow for transfers of administration between ministers and agent corporations and for grants of federal real property to the corporations administering the properties.
Why did section 99 of the FAA need to be amended? Section 99 of the FAA sets out the regime governing property held by agent corporations. Subsection 99(6) prevents certain statutory provisions dealing with real property from applying to agent corporations. This is done because these provisions would conflict with the regime set out in section 99. The reference in subsection 99(6) to the Public Lands Grants Act was deleted because that Act was repealed by the FRPA. Subsection 99(6) was further amended to ensure that the FRPA does not affect agent corporations except to the extent necessary to give effect to
- paragraph 16(1)(g) - GIC authority for transfers of administration between ministers and agent corporations,
- paragraph 16(1)(h) - GIC authority for grants of federal real property to the corporation administering the property,
- paragraph 16(2)(g) - Regulations on transfers of administration between ministers and agent corporations, and
- subsection 18(6) - Description of when an agent corporation administers real property for the purposes of the FRPA.
Thus, it is possible to transfer the administration of real property between ministers and agent corporations and to grant federal real property to Crown corporations. The FRPA does not affect the powers of Crown corporations to dispose of property.
Section 28 - Financial Administration Act, section 99
Why weren't the powers of agent corporations to dispose of property affected by the FRPA? The FRPA is meant to be a primary general authority for government departments in conveyancing real property and is not intended to supersede the specific authorities provided to agent corporations under the corporations' own Acts or the FAA.
Source
Modification of subsection 99(6) of the FAA, which read:
" (6) The Public Lands Grants Act, the Surplus Crown Assets Act and section 61 of this Act do not apply to an agent corporation."
Section 29 - Government Property Traffic Act, section 4
R.S., c. G-6
Government Property Traffic Act
29. Paragraph 4(b) of the Government Property Traffic Act is repealed and the following substituted therefor:
"(b) the minister having the administration of the lands or the deputy, assistant deputy or acting deputy of that minister, or"
Notes
This section amended paragraph 4(b) of the Government Property Traffic Act by substituting the word "administration" for the words "management, charge and direction."
What is the Government Property Traffic Act? This Act regulates vehicular traffic on federal real property by empowering the Governor in Council to make regulations concerning traffic rules and enforcement.
Source
Modification of paragraph 4(b) of the Government Property Traffic Act, which read:
" 4. In any prosecution for a contravention of a regulation, a certificate stating that Her Majesty in right of Canada is the owner or occupant of the lands described therein and purporting to be signed by ...
(b) the minister of the department having the management, charge and direction of the lands or the deputy, assistant deputy or acting deputy of the minister of that department, or ..."
Section 30 - Department of Indian Affairs and Northern Development Act, section 6
R.S., c. I-6
Department of Indian Affairs and
Northern Development Act
30. Section 6 of the Department of Indian Affairs and Northern Development Act is repealed and the following substituted therefor:
Administration
" 6. The Minister has the administration of all lands situated in the Yukon Territory and the Northwest Territories belonging to Her Majesty in right of Canada except lands that were immediately before October 1, 1966 under the management, charge and direction of any minister, department, branch or agency of the Government of Canada other than the Minister of Northern Affairs and National Resources or the Department of Northern Affairs and National Resources."
Notes
This section amended section 6 of the Department of Indian Affairs and Northern Development Act by substituting the word "administration" for the words "management, charge and direction."
What is the Department of Indian Affairs and Northern Development Act? This Act establishes the Department of Indian Affairs and Northern Development and lists the powers and responsibilities of the Minister of that department.
Source
Modification of section 6 of the Department of Indian Affairs and Northern Development Act, which read:
" 6. The Minister has the management, charge and direction of all lands situated in the Yukon Territory and the Northwest Territories belonging to Her Majesty in right of Canada except lands that were immediately before October 1, 1966 under the management, charge and direction of any minister, department, branch or agency of the Government of Canada other than the Minister of Northern Affairs and National Resources or the Department of Northern Affairs and National Resources."
Section 31 - Land Titles Act, section 55
R.S., c. L-5
Land Titles Act
31. (1) The definition "territorial lands" in subsection 55(1) of the Land Titles Act
is repealed and the following substituted therefor:
"territorial lands"
«terres ...»
"territorial lands" means territorial lands as defined in section 2 of the Territorial Lands Act that are lands for which a grant in fee simple or by letters patent, a certificate of title or a notification has not been issued;"
(2) Subsection 55(2) of the said Act is repealed and the following substituted therefor:
Issue of certificates to Her Majesty
"(2) A Minister who has the administration of territorial lands may apply to have a certificate of title for those lands issued under this Act in the name of Her Majesty in right of Canada."
Notes
Subsection 31(1) amended the definition of "territorial lands" in subsection 55(1) of the Land Titles Act to reflect the new types of Crown grants created by the FRPA.
Subsection 31(2) amended subsection 55(2) of the Land Titles Act by substituting the word "administration" for the words "administration, management and control." The wording of the subsection was also changed to reflect preferred legislative drafting practice.
This Act established and regulated a federal land registration system. It was repealed in respect of the Northwest Territories and the Yukon Territory on July 19, 1993.
Source
Modification of the definition of "territorial lands" in subsection 55(1) of the Land Titles Act and subsection 55(2) of that Act, which read:
" "territorial lands" means territorial lands as defined in section 2 of the Territorial Lands Act that are lands for which letters patent, a certificate of title or a notification has not been issued;"
"(2) Where a Minister has the administration, management or control of territorial lands, he may apply to have a certificate of title for those lands issued under this Act in the name of Her Majesty in right of Canada."
Section 32 - Municipal Grants Act, section 2
R.S., c. M-13
Municipal Grants Act
32. (1) The definition "federal property" in subsection 2(1) of the Municipal Grants Act is repealed and the following substituted therefor:
"federal
property"
«immeuble...»
" "federal property" means, subject to subsection (3),
(a) real property owned by Her Majesty in right of Canada that is under the administration of a minister of the Crown,
(b) real property owned by Her Majesty in right of Canada that is, by virtue of a lease to a corporation included in Schedule III or IV, under the management, charge and direction of that corporation,
(c) real property subject to an emphyteutic lease to Her Majesty in right of Canada that is under the administration of a minister of the Crown,
(d) a building owned by Her Majesty in right of Canada that is under the administration of a minister of the Crown and that is situated on tax exempt land owned by a person other than Her Majesty in right of Canada or administered and controlled by Her Majesty in right of a province, and
(e) such real property occupied or used by a minister of the Crown and administered and controlled by Her Majesty in right of a province as is prescribed;"
(2) Subparagraph 2(3)(c)(ii) of the said Act is repealed and the following substituted therefor:
"(ii) that is occupied by or is under the administration of a minister of the Crown primarily for purposes of providing services to persons not resident on that reserve,"
Notes
Subsection 32(1) amended the definition of "federal property" in subsection 2(1) of the Municipal Grants Act by substituting the word "administration" for the words "management, charge and direction" when used in the context of a minister administering federal real property.
Subsection 32(2) amended subparagraph 2(3)(c)(ii) of the Municipal Grants Act by substituting the word "administration" for the words "management, charge and direction."
What is the Municipal Grants Act? This Act authorizes and regulates grants in lieu of taxes from the federal government to municipalities and provinces levying real property taxes.
Section 32 - Municipal Grants Act, section 2
Source
Modification of definition of "federal property" in subsection 2(1) of the Municipal Grants Act, which read:
" "federal property" means, subject to subsection (3),
(a) real property owned by Her Majesty in right of Canada that is under the management, charge and direction of a minister of the Crown,
(b) real property owned by Her Majesty in right of Canada that is, by virtue of a lease to a corporation included in Schedule III or IV, under the management, charge and direction of that corporation,
(c) real property subject to an emphyteutic lease to Her Majesty in right of Canada that is under the management, charge and direction of a minister of the Crown,
(d) a building owned by Her Majesty in right of Canada that is under the management, charge and direction of a minister of the Crown and that is situated on tax exempt land owned by a person other than Her Majesty in right of Canada or administered and controlled by Her Majesty in right of a province, and
(e) such real property occupied or used by a minister of the Crown and administered and controlled by Her Majesty in right of a province as is prescribed;"
Modification of subparagraph 2(3)(c)(ii) of the Municipal Grants Act, which read:
" (ii) that is occupied by or is under the management, charge and direction of a minister of the Crown primarily for purposes of providing services to persons not resident on that reserve,"
Section 33 - Northern Inland Waters Act, section 30
R.S., c. N-25
Northern Inland Waters Act
33. All that portion of subsection 30(1) of the Northern Inland Waters Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Reservation of lands from disposition
"30. (1) The Governor in Council may, by order, reserve from disposition under any enactment relating to the disposition of territorial lands, either for a specified period or otherwise, all or any interests in any territorial lands under the administration of the Minister where the interests are in the opinion of the Governor in Council required"
Notes
Section 33 amended that portion of subsection 30(1) of theNorthern Inland Waters Act preceding paragraph (a) by substituting the word "administration" for the words "management, charge and direction".
What is the Northern Inland Waters Act? This Act establishes the regime for managing the rivers, lakes and other inland waters of the Yukon Territory and the Northwest Territories.
Source
Modification of subsection 30(1) of the Northern Inland Waters Act, which read:
"30. (1) The Governor in Council may, by order, reserve from disposition under any enactment relating to the disposition of territorial lands, either for a specified period or otherwise, all or any interests in any territorial lands under the management, charge and direction of the Minister where the interests are in the opinion of the Governor in Council required
(a) for the protection of any water resource; or
(b) in connection with any undertaking the development or operation of which is, in his opinion, in the public interest and that would require the use of those interests in lands and of waters adjacent to the lands."
Section 34 - Northern Pipeline Act, section 37
R.S., c. N-26
Northern Pipeline Act
34. Subsection 37(1) of the Northern Pipeline Act is repealed and the following substituted therefor:
Commissioner's lands
"37. (1) Where the right to the beneficial use or the proceeds of lands in the Yukon Territory vested in Her Majesty in right of Canada is appropriated to the Commissioner of that Territory and the Governor in Council is of the opinion that those lands are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, the Governor in Council may, after consultation with the Commissioner in Council, by order, transfer the administration of those lands to the Minister."
Notes
Section 34 amended subsection 37(1) of the Northern Pipeline Act by
- substituting the word "administration" for the words "administration, management or control"; and
- replacing the word "he" with the words "the Governor in Council."
What is the Northern Pipeline Act? This Act establishes the Northern Pipeline Agency and implements the 1977 agreement between Canada and the United States concerning the running of a portion of the Alaskan natural gas pipeline across Canadian territory.
Source
Modification of subsection 37(1) of the Northern Pipeline Act, which read:
"37. (1) Where the right to the beneficial use or the proceeds of lands in the Yukon Territory vested in Her Majesty in right of Canada is appropriated to the Commissioner of that Territory and the Governor in Council is of the opinion that those lands are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, he may, after consultation with the Commissioner in Council, by order, transfer the administration, management or control of those lands to the Minister."
Sections 35 and 36 - Oil and Gas Production and Conservation Act
R.S., c. O-7
Oil and Gas Production and Conservation Act
R.S., c. 36 (2nd Supp.), s. 124
35. Subsection 30(2) of the Oil and Gas Production and Conservation Act is repealed and the following substituted therefor:
Pooling agreement by Her Majesty
"(2) The Minister may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as the Minister deems advisable and, notwithstanding anything in this Act, the Territorial Lands Act, the Federal Real Property Act, the Canadian Petroleum Resources Act or any regulations made under those Acts, the pooling agreement is binding on Her Majesty."
R.S., c. 36 (2nd Supp.), s. 125
36. Subsection 37(2) of the said Act is repealed and the following substituted therefor:
Minister may enter into unit agreement
"(2) The Minister may enter into a unit agreement binding on Her Majesty, on such terms and conditions as the Minister may deem advisable, and such of the regulations under this Act, the Territorial Lands Act, the Federal Real Property Act, the Canada Petroleum Resources Act as may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement."
Notes
This section replaced the references to the Public Lands Grants Act in subsections 30(2) and 37(2) with references to the FRPA. This ensured continuity in the subsection when the Public Lands Grants Act was repealed by section 50 of the FRPA.
What is the Oil and Gas Production and Conservation Act? This Act applies to oil and gas exploration and development in the Yukon and Northwest Territories and in the offshore. It, along with the Canada Petroleum Resources Act and the Acts implementing the Newfoundland and Nova Scotia Accords, forms the legal framework for managing the oil and gas resources in these parts of Canada.
Sections 35 and 36 - Oil and Gas Production and Conservation Act
Source
Subsection 30(2) of the Oil and Gas Production and Conservation Act read as follows:
Pooling agreement by Her Majesty
"(2) The Minister may, on behalf of Her Majesty, enter into a pooling agreement on such terms and conditions as the Minister deems advisable and, notwithstanding anything in this Act, the Territorial Lands Act, the Public Lands Grants Act, the Canadian Petroleum Resources Act or any regulations made under those Acts, the pooling agreement is binding on Her Majesty."
Subsection 37(2) of the Oil and Gas Production and Conservation Act read as follows:
Minister may enter into unit agreement
"(2) The Minister may enter into a unit agreement binding on Her Majesty, on such terms and conditions as the Minister may deem advisable, and such of the regulations under this Act, the Territorial Lands Act, the Public Lands Grants Act, the Canada Petroleum Resources Act as may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement."
Section 37 - Public Works Act, section 9
R.S., c. P-38
Public Works Act
37. Subsection 9(2) of the Public Works Act is repealed and the following substituted therefor:
Crown lands
"(2) The Minister has the administration of all lands belonging to Her Majesty in right of Canada except lands specially under the administration of any other minister, department, board or agency of the Government of Canada."
Notes
Section 37 amended subsection 9(2) of the Public Works Act by substituting the word "administration" for the words "management, charge and direction."
Source
Modification of subsection 9(2) of the Public Works Act, which read:
"(2) The Minister has the management, charge and direction of all lands belonging to Her Majesty in right of Canada except lands specially under the management, charge and direction of any other minister, department, board or agency of the Government of Canada."
Section 38 - Public Works Act, section 18
38. Section 18 of the said Act is renumbered as subsection 18(1) and is further amended by adding thereto the following subsection:
Real property excluded
"(2) Subsection (1) does not apply in respect of any instrument the execution of which is provided for by or under the Federal Real Property Act."
Notes
Section 38 amended section 18 of the Public Works Act by excluding instruments under the FRPA from the signing requirements of section 18.
Source
Modification of section 18 of the Public Works Act, which read:
"18. No deed, contract, document or writing relating to any matter under the control or direction of the Minister shall be binding on Her Majesty or be deemed to be the act of the Minister, unless
(a) it is signed by the Minister;
(b) it is signed by the Deputy Minister and countersigned by the Secretary or a person authorized in writing by the Minister to countersign on behalf of the Secretary; or
(c) it is signed by a person authorized in writing by the Minister to sign on the Minister's behalf and countersigned by the Secretary or a person authorized in writing by the Minister to countersign on behalf of the Secretary."
Sections 39 and 40 - Public Works Act, sections 36 and 39.1
39. Section 36 of the said Act is repealed.
R.S., c. 13 (1st Supp.), s. 2
40. Section 39.1 of the said Act is repealed.
Notes
These sections repealed sections 36 and 39.1 of the Public Works Act.
Section 36 of the Public Works Act provided for transfers of management, charge and direction between ministers. It was unnecessary because the provisions dealing with transfers of administration were incorporated into the FRPA.
Section 39.1 of the Public Works Act was added to that Act in 1985 to provide further authority for the Crown to enter into lease purchase transactions. This section was no longer required as section 16 of the FRPA now provides a residual authority for all dispositions of federal Crown lands, including lease purchase transactions.
Source
Section 36 of the Public Works Act read as follows:
"36. (1) The Governor in Council may transfer the management, charge and direction of any public work, or any power, duty or function with respect to any work or class of works, whether public or private, that is assigned to or vested by statute in any minister or department, to any other minister or department, and from the date appointed for that purpose by the Governor in Council, that power, duty or function shall be transferred to and vested in that other minister or department, and the provisions of this Act, in so far as they are applicable, apply to any work or property the maintenance, repair, control or management of which is transferred under this section.
(2) Any transfer referred to in subsection (1) may be made although the subject-matter thereof has previously been transferred from one department to another under the authority of this section."
Section 39.1 of the Public Works Act read as follows:
"39.1 Notwithstanding anything in this Act or in any other Act, a public work may be leased or otherwise disposed of for a term, under the authority of the Governor in Council, if Her Majesty obtains the right to occupy the whole or part of the public work for the term or a part thereof, and the proceeds of such a lease or other disposition shall be accounted for as public moneys."
Section 41 - Surplus Crown Assets Act, section 2
R.S., c. S-27
Surplus Crown Assets Act
41. The heading preceding section 2 of the Surplus Crown Assets Act is repealed and the following substituted therefor:
" INTERPRETATION AND APPLICATION "
Notes
This section amended the heading to section 2 from "Interpretation" to "Interpretation and Application." This amendment was made because section 42 of the FRPA added a new section [2.1] to the Surplus Crown Assets Act that restricted the application of the Act to all property other than real property.
Source
Modification of the heading preceding section 2 of the Surplus Crown Assets Act, which read:
"INTERPRETATION"
Section 42 - Surplus Crown Assets Act, section 2.1
42. The said Act is further amended by adding thereto, immediately after section 2 thereof, the following section:
Application
"2.1 This Act does not apply in respect of real property as defined in the Federal Real Property Act or licences in respect thereof."
Notes
The Surplus Crown Assets Act was amended to apply only to personal property. Section 42 excludes federal real property as defined under the FRPA from the operation of the Surplus Crown Assets Act.
Why is it useful to have the disposal of real property and personal property in two different Acts? There are substantial differences between disposing of real property and disposing of personal property. For example, whereas dispositions of personal property are generally final dispositions of all of the Crown's interest in the personal property, conveyances of real property can involve disposing of many varied interests of the Crown in the property. In addition, the law of personal property differs in many respects from that of real property. The division of the disposal of surplus Government property into the FRPA for real property and the Surplus Crown Assets Act for personal property recognized the differences between these types of property and the processes used in their dispositions.
Related General Questions
3.1.6 Did the FRPA change the procedures for the disposal of surplus lands?
Source
New.
Section 43 - Surplus Crown Assets Act, section 3
1989, c. 27, s. 24
43. Subsection 3(2) of the said Act is amended by adding the word "and" at the end of paragraph (a) thereof and by repealing paragraphs (c) to (f) thereof.
Notes
Section 43 repealed those paragraphs of subsection 3(2) of the Surplus Crown Assets Act that referred to real property assets of government departments.
Source
Subsection 3(2) of the Surplus Crown Assets Act read as follows:
"(2) The following property need not be included in a report made under subsection (1), except to such extent as may be specified by order of the Governor in Council:
(a) agricultural or dairy products or livestock or livestock products, other than those in the custody or under the control or administration of the Department of National Defence;
(b) personal property acquired or produced by a board, commission, corporation or other body for disposal pursuant to an Act of Parliament or order of the Governor in Council;
(c) lands situated in the Yukon Territory or the Northwest Territories and under the control, management or administration of the Minister of Indian Affairs and Northern Development;
(d) lands under the control, management or administration of the Minister of Mines and Resources on December 31, 1949, or under the control, management or administration of a Minister by virtue of the Indian Act, the National Parks Act or the Forestry Development and Research Act;
(e) lands under the control, management or administration of the Minister of Transport, other than those acquired pursuant to the Acts mentioned in section 2 of the War Appropriation Act, No. 2, 1944;
(f) lands authorized to be disposed of under the Veterans' Land Act, chapter V-4 of the Revised Statutes of Canada, 1970, the Soldier Settlement Act, the Canada Mortgage and Housing Corporation Act or the Housing Acts as defined in the Canada Mortgage and Housing Corporation Act, chapter C-16 of the Revised Statutes of Canada, 1970."
Section 44 - Surplus Crown Assets Act, section 19
R.S., c. 22 (1st Supp.), s. 8
44. Section 19 of the said Act is repealed and the following substituted therefor:
"19. The Minister or any person generally or specifically so authorized by the Minister may execute, on behalf of Her Majesty, any bill of sale, contract or other document transferring the ownership of, or otherwise dealing with or relating to the disposition of, surplus Crown assets and when any such document has been so executed it is valid and binding on Her Majesty."
Notes
Section 19 of the Surplus Crown Assets Act describes the execution of documents disposing of surplus property. Section 44 of the FRPA amended section 19 by limiting the documents to those by which personal property is transferred.
Source
Section 19 of the Surplus Crown Assets Act read as follows:
"19. Either the Minister or any person or persons thereunto generally or specifically authorized by the Minister or the Corporation under its corporate seal and the hands of its duly authorized officers may execute, on behalf of Her Majesty, any deed, contract or document transferring title to, or otherwise dealing with or relating to the disposition of, surplus Crown assets, other than a grant of land, and when any such document has been so executed it is valid and binding on Her Majesty."
Section 45 - Territorial Lands Act, section 3
R.S., c. T-7
Territorial Lands Act
45. Subsection 3(1) of the Territorial Lands Act is repealed and the following substituted therefor:
Application
"3. (1) Subject to subsection (2), this Act applies only in respect of territorial lands under the administration of the Minister."
Notes
This section amended subsection 3(1) of the Territorial Lands Act by substituting the word "administration" for the words "control, management and administration."
Source
Modification of subsection 3(1) of the Territorial Lands Act, which read as follows:
"3. (1) Subject to subsection (2), this Act applies only to territorial lands that are under the control, management and administration of the Minister."
Section 46 - Department of Transport Act, section 12
R.S., c. T-18
Department of Transport Act
46. Section 12 of the Department of Transport Act is amended by adding thereto the following subsection:
Real property excluded
"(3) This section does not apply in respect of any instrument the execution of which is provided for by or under the Federal Real Property Act."
Notes
Section 46 amended section 12 of the Department of Transport Act by excluding instruments under the FRPA from the signing requirements of section 12.
What is the Department of Transport Act? This Act establishes the Department of Transport and lists the powers and responsibilities of the Minister of that department.
Source
Modification of section 12 of the Department of Transport Act, which read:
"12. (1) No deed, contract, document or writing relating to any matter under the control or direction of the Minister shall be binding on Her Majesty unless
(a) it is signed by the Minister;
(b) it is signed by the Deputy Minister and countersigned by the Secretary; or
(c) it is signed by a person specially authorized in writing by the Minister for that purpose.
(2) The authorization given by the Minister under paragraph (1)(c) to a person professing to act for the Minister shall not be called in question except by the Minister or by a person acting for the Minister or for Her Majesty."
Section 47 - Canada Wildlife Act, section 4
R.S., c. W-9
Canada Wildlife Act
47. (1) Subsection 4(1) of the Canada Wildlife Act is repealed and the following substituted therefor:
Assignment of public lands
"4. (1) Where the Governor in Council is satisfied that any public lands are required for wildlife research, conservation or interpretation, the Governor in Council may assign the administration of those lands to the Minister."
(2) All that portion of subsection 4(2) of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:
Powers of Minister on public lands assigned
"(2) Where the administration of any public lands has been assigned to the Minister pursuant to subsection (1), the Minister may"
Notes
Section 47 amended subsections 4(1) and (2) of the Canada Wildlife Act by substituting the word "administration" for the words "administration, management and control."
What is the Canada Wildlife Act? This Act is concerned with wildlife research, conservation and interpretation.
Source
Subsection 4(1) of the Canada Wildlife Act read as follows:
"4. (1) Where the Governor in Council is satisfied that any public lands are required for wildlife research, conservation or interpretation, the Governor in Council may assign the administration, management and control of those lands to the Minister."
The relevant part of subsection 4(2) of the Canada Wildlife Act read as follows:
"(2) Where the administration, management and control of any public lands has been assigned to the Minister pursuant to subsection (1), the Minister may"
Section 48 - Canada Wildlife Act, section 12
48. (1) Paragraph 12(a) of the said Act is repealed and the following substituted therefor:
"(a) prohibiting entry, generally or for any specified period or purpose, of any person on lands under the administration of the Minister or on any part of those lands;"
(2) Paragraphs 12(h) and (i) of the said Act are repealed and the following substituted therefor:
"(h) prescribing measures for the conservation of wildlife on public lands the administration of which has been assigned to the Minister pursuant to subsection 4(1); and
(i) respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretation on public lands the administration of which has been assigned to the Minister pursuant to subsection 4(1)."
Notes
Section 48 amended paragraphs 12(a), (h), and (i) of the Canada Wildlife Act by substituting the word "administration" for the words "administration, management and control."
Source
Paragraph 12(a) of the Canada Wildlife Act read as follows:
"12. The Governor in Council may make regulations
(a) prohibiting entry, generally or for any specified period of purpose, of any person on lands under the administration, management and control of the Minister or on any part of those lands;"
Paragraph 12(h) of the Canada Wildlife Act read as follows:
"(h) prescribing measures for the conservation of wildlife on public lands the administration, management and control of which has been assigned to the Minister pursuant to subsection 4(1); and
Paragraph 12(i) of the Canada Wildlife Act read as follows:
"(i) respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretation on public lands the administration, management and control of which has been assigned to the Minister pursuant to subsection 4(1)."
Section 49 - Yukon Placer Mining Act, section 17
R.S., c. Y-3
Yukon Placer Mining Act
49. Paragraph 17(2)(f) of the Yukon Placer Mining Act is repealed and the following substituted therefor:
"(f) under the administration of the Minister of National Defence, unless the consent of that Minister has been obtained in writing;"
Notes
Section 49 amended paragraph 17(2)(f) of the Yukon Placer Mining Act by substituting the word "administration" for the words "administration and control."
What does the Yukon Placer Mining Act do? The Act regulates the "placer" mining of gold in the Yukon Territory. Placer mining is essentially surface mining and is typically done by sifting through dirt or gravel by panning or through the use of water hoses. The sub-surface mining of gold or other precious minerals is covered in the Yukon Quartz Mining Act.
Source
Paragraph 17(2)(f) of the Yukon Placer Mining Act read as follows:
"(f) under the administration and control of the Minister of National Defence, unless the consent of that Minister has been obtained in writing;"
Section 50 - Repeal of the Public Lands Grants Act
Repeal
Repeal of R.S,
c. P-30
50. The Public Lands Grants Act is repealed.
Notes
This section repealed the Public Lands Grants Act.
Why did the Public Lands Grants Act need to be repealed? The Public Lands Grants Act was initially enacted in the late 1800s. As its provisions had remained essentially the same to the 1990s, the Act was not very well suited for modern conveyancing practices. The FRPA has taken the provisions contained in the Public Lands Grants Act and put them in the context of modern government and real property practices. Because the Public Lands Grants Act dealt primarily with only the disposing of Crown lands, the government felt that a new Act was needed to consolidate all the generic real property authorities and responsibilities relating to federal real property in one statute.
Were the regulations under the Public Lands Grants Act affected by the repeal of that Act? They were affected only to the extent that they were inconsistent with the provisions of the FRPA. The regulations under the Public Lands Grants Act remain in force and are deemed to have been made under the FRPA until such time as the old regulations are repealed or new regulations are made in their place. Paragraph 44(g) of the Interpretation Act ensures this continuity in all cases where a statute is repealed and a new Act enacted in its place. This paragraph provides that all regulations made under a repealed Act remain in force and are deemed to have been made under the new Act, in so far as they are not inconsistent with the new Act, until the regulations are repealed or new regulations are made in their place. When the FRPRegs were promulgated, certain specific regulations that conflicted with them were repealed. It is not thought that any of the other regulations in force prior to the FRPA conflicted with the FRPA or the FRPRegs.
Source
New.
Section 51 - Coming into Force
Coming into Force
Coming into force
51. This Act shall come into force on a day to be fixed by order of the Governor in Council.
Notes
This section states that the FRPA will come into force when determined by Order in Council. The FRPA received Royal Assent on December 17, 1991 and came into force on September 15, 1992.
Source
New.
2. Federal Real Property Regulations
2.1 Overview
The Federal Real Property Regulations came into force on September 15, 1992 along with the Federal Real Property Act. The power to enact the Regulations comes from two different sources in the FRPA:
- the general authorities for regulations relating to real property transactions on the recommendation of the Treasury Board. These authorities are contained in subsection 16(2) of the Act. All of the FRPRegs, with the exception of sections 9 and 11, are based on these authorities; and
- the authority for regulations on the joint recommendation of the Treasury Board and the Department of Justice. These regulations relate to the referral of transactions to Justice and the document depository and are under subsection 15(2) of the Act. The portions of the FRPRegs that deal with these topics are sections 9 and 11.
Like the Act, the Regulations were developed jointly by the Department of Justice, with the Property Law Section as the lead branch, and the Treasury Board Secretariat, with the Bureau of Real Property and Materiel as the lead branch.
The Order in Council authorizing the FRPRegs listed the following regulations which were revoked on its promulgation:
- Government Land Purchase Regulations;
- Public Lands Leasing and Licensing Regulations;
- Public Lands Sale Regulations (Transport); and
- Public Works Leasing Regulations.
Various other regulations that had been authorized under the Public Lands Grants Act remained in force by virtue of paragraph 44(g) of the Interpretation Act. A list of these regulations, as of December 31, 1994, is contained in Appendix A of this section. These regulations either relate to natural resources (minerals and petroleum) on federal lands or to specific authorities that departments wanted to retain. It should be noted that there was an intention to revisit these regulations after an appropriate time to see if any more were no longer needed.
The Federal Real Property Regulations achieve four main purposes:
- give ministers legal authority to enter into transactions related to acquiring, disposing, optioning, licensing, transferring administration and transferring administration and control of real property. For most of these transactions, this was the first time legal authority was given directly to ministers without involving the Treasury Board or the Governor in Council;
- give ministers the legal authority to make certain payments related to acquiring real property and imposes certain controls, primarily related to title certification, on the full or partial payment of the purchase price. These provisions are basically updates of ones formerly contained in the Government Land Purchase Regulations, although there are some new aspects to these, such as the ability to make partial payments before title certification and some new provisions relating to foreign acquisitions;
- set out the types of disposal instruments that must be settled and approved by Justice as to form and legal content. This is essentially a carry-over of Justice's previous role, taking into account the new types of instruments allowed to be used under the Federal Real Property Act and the direct ministerial authority to enter into dispositions pursuant to the Regulations; and
- describe the particulars of the document depository. The depository was intended to supplement existing government depositories for real property transaction instruments, again taking into account the new types of instruments allowed to be used under the Federal Real Property Act and the direct ministerial authority to enter dispositions and transfers pursuant to the Regulations.
As can be seen, the primary innovation of the FRPRegs was the ability for ministers to enter directly into transactions.
An amendment to the Government Contracts Regulations was made concurrently with the coming into force of the Federal Real Property Regulations. This amendment removed leases, and fit-up contracts that were part of a transaction authorized under the FRPA, from the scope of the Government Contracts Regulations. This was done to ensure these contracts were governed by the real property regime (the Federal Real Property Act, Regulations, and Treasury Board real property policies). Construction, fit-up and service contracts outside these transactions remain covered by the contracting regulations and policies.
2.2 List of Regulations under the Federal Real Property Act
The Canada Gazette, Part II lists the regulations under the Federal Real Property Act.
All of these regulations, with the exception of the Federal Real Property Regulations, were enacted under the Public Lands Grants Act. These regulations were affected by the repeal of the Public Lands Grants Act only to the extent that they were inconsistent with the provisions of the FRPA. There have been no indications that any of the prior regulations still in force conflict with the FRPA or the FRPRegs.
These prior regulations remain in force and are deemed to have been made under the FRPA until such time as they are repealed or new regulations are made in their place. Paragraph 44(g) of the Interpretation Act ensures this continuity in all cases where a statute is repealed and a new Act enacted in its place.
Section 1 - Short Title
REGULATIONS RELATING TO FEDERAL REAL PROPERTY
Short Title
Short Title
1. These regulations may be cited as the Federal Real Property Regulations.
Notes
This section names the FRPRegs. The name "Federal Real Property Regulations" should be used when referring to the FRPRegs.
Related General Questions
None.
Authority
FRPA 16(2).
Source
New.
Related Sections in the FRPA, the FRPRegulations and TB Real Property Policy
None.
Section 2 - Interpretation
"acquisition"
Interpretation
2. In these Regulations,
"acquisition" means an acquisition by Her Majesty of real property, including by lease, gift, devise, acceptance of a surrender of a lease of federal real property, or acceptance of a relinquishment of an easement on federal real property, but not including an acceptance of a transfer of administration and an acceptance of a transfer of administration and control; (acquisition)
Notes
This section provides the definition for the word "acquisition" in the regulations. "Acquisition" has to be defined in the FRPRegs because it is used various times in the FRPRegs and the word, although used in the FRPA, was not defined in the Act.
Defining the word in the FRPRegs rather than in the FRPA also leaves open the remote possibility that if a type of acquisition is not captured by the FRPRegs' definition, it would still be possible to make the acquisition using the Governor in Council authority under paragraph 16(1)(b) of the FRPA. Although the definition in the FRPRegs was intended to cover all types of acquisitions, there is always the potential for a differing judicial interpretation.
The definition makes it clear that "acquisition" applies not only to purchases of real property by the government, but also to any other type of acquisition, including:
- a lease by the government of non-federal property (leasing-in);
- a gift to the government;
- a bequest to the government in a will;
- an acceptance by the government of a tenant's surrendering a lease of government property; and
- an acceptance of a person's relinquishing an easement over federal property.
The definition of "acquisition" does not include acceptances of transfers of administration from other government departments or agent Crown corporations nor does it include acceptances of transfers of administration and control from the provinces. There are two basic reasons why these were not included in the definition:
- they are not acquisitions in the legal sense, as they are internal actions between two Crown entities. For this reason, Justice requested that they be treated separately; and
- various provisions in the FRPRegs, such as those relating to payments, do not apply to transfers of administration and transfers of administration and control but are intended to apply to all other additions to the federal inventory.
Section 2 - Interpretation
"acquisition"
Note: The Real Property volume of the Treasury Board Manual defines "acquisition" to include transfers of administration and transfers of administration and control even though they are not acquisitions in the legal sense as they are internal actions between two Crown entities. This was done purposely so that as a general rule all additions to a department's inventory would be treated similarly. The policies in the volume make specific references to exceptions to this general rule.
Transactions involving licences are also not included in the definition of "acquisition." They were excluded, again at the request of Justice, because licences, in both common and civil law, are personal contracts and do not act as transfers of interests in real property. There are separate provisions for licences in the FRPA as well.
Note: A lease in civil law is normally not an interest in real property. However, a lease in common law transfers an interest in real property. As there were no policy reasons to distinguish between federal leases in the common law provinces and federal leases in Quebec, all federal leases are treated the same for the purposes of the FRPA and the FRPRegs.
Related General Questions
None.
Authority
FRPA 16(2)(b).
Source
New.
Related Sections in the FRPA, the FRPRegulations and TB Real Property Policy
TBRP
- Glossary: definition of "acquisition"
Section 2 - Interpretation
"Act"
"Act" means the Federal Real Property Act ; (Loi)
Notes
This clarifies that the FRPA is referred to as the "Act" in the FRPRegs. This reference is only made in sections 9 and 11 of the FRPRegs.
Related General Questions
None.
Authority
FRPA 16(2) - general power to make regulations.
Source
New.
Related Sections in the FRPA, the FRPRegulations and TB Real Property Policy
FRPA
- s. 1: short title
Section 2 - Interpretation
"Disposition"
"disposition" means a disposition by Her Majesty of federal real property, including by lease, gift, surrender of a lease in which Her Majesty is the tenant, or relinquishment of an easement where Her Majesty is the holder of the easement, but not including a transfer of administration and a transfer of administration and control. (aliénation)
Notes
This section provides the definition for the word "disposition" in the FRPRegs. "Disposition" has to be defined in the FRPRegs as it is used various times in the FRPRegs and the word, although used in the FRPA, was not defined in the Act.
Defining the word in the FRPRegs rather than the FRPA also leaves open the possibility that if a type of disposition is not captured by the FRPRegs' definition, it would still be possible to make the disposition using the Governor in Council authority under paragraph 16(1)(a) of the FRPA. Although the definition in the FRPRegs was intended to cover all types of dispositions, there is always the potential for a differing judicial interpretation.
The definition makes it clear that "disposition" applies not only to sales of real property by the government, but also to any other type of disposition, including:
- a lease given by the government of federal property (leasing-out);
- a gift from the government;
- a surrender by the government of a lease where the government is the tenant; and
- a relinquishment by the government of an easement it has over non-federal property.
The definition of "disposition" does not include transfers of administration to other government departments or agent Crown corporations nor does it include transfers of administration and control to the provinces. There are two basic reasons why these were not included in the definition:
- they are not dispositions in the legal sense, as they are internal actions between two Crown entities. For this reason, Justice requested that they be treated separately; and
- the provision in the Regulations related to settling and approving dispositions does not apply to transfers of administration and transfers of administration and control.
Note: The Real Property volume of the Treasury Board Manual defines "disposition" to include transfers of administration and transfers of administration and control even though they are not dispositions in the legal sense as they are internal actions between two Crown entities. This was done purposely so that as a general rule all deletions from a department's inventory would be treated similarly. The policies in the volume specifically refer to exceptions to this general rule.
Section 2 - Interpretation
"Disposition"
Transactions involving licences are also not included in the definition of "disposition." They were excluded, again at the request of Justice, because they are not legally real property conveyances. Licences, in both common and civil law, are personal contracts and do not act as transfers of interests in real property. There are separate provisions for licences in the FRPA as well.
Note: A lease in civil law is normally not an interest in real property. However, a lease in common law transfers an interest in real property conveyances. As there were no policy reasons to distinguish between federal leases in the common law provinces and federal leases in Quebec, all federal leases are treated the same for the purposes of the FRPA and the FRPRegs.
Related General Questions
None.
Authority
FRPA 16(2)(a) - regulations on dispositions
Source
New.
Related Sections in the FRPA, the FRPRegulations and TB Real Property Policy
TBRP
- Glossary: definition of "disposition"
- Date modified: