Marginal note:Transfers of administration and control

• 11. (1) An instrument transferring administration and control of federal real property or an act transferring administration and control of federal immovables to Her Majesty in any right other than Canada pursuant to regulations made under paragraph 16(2)(e) shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice.

• Marginal note:Effect of grant, etc.

  (2) A grant, concession, vesting order or other conveyancing instrument or transfer act in favour of Her Majesty in respect of any real property or immovable belonging to Her Majesty in any right other than Canada results, on its acceptance, in Her Majesty having administration and control of the property.

Marginal note:Restrictions

12. A lessee of any real property or immovable from Her Majesty, the successor, sublessee or assignee of such a lessee, a person who holds an interest derived from such a lease or a person who holds a licence in respect of federal real property or federal immovables may not, without the consent of the Governor in Council, grant or agree to any covenant or condition restricting or controlling the use of the property except in favour of

• (a) Her Majesty;

• (b) any person through whom that interest or right was derived; or

• (c) in the case of such a lessee, successor or assignee or person holding such an interest, any sublessee or licensee of that person.

Marginal note:Acquisition under provincial Act

13. Except as expressly authorized by or under an Act of Parliament, no person acquires any federal real property or federal immovable by or under a provincial Act.

Marginal note:No title by prescription

14. No person acquires any federal real property or federal immovable by prescription.

Marginal note:Powers of Minister of Justice

• 15. (1) The Minister of Justice may, for purposes of the acquisition or disposition of, or any dealing with, any real property or immovable, on behalf of Her Majesty,

  • (a) determine the type of instrument or act to be used for those purposes and settle and approve the form and legal content of any Crown grant or other instrument or act;

  • (b) effect the delivery of any instrument or act, including its delivery on terms or subject to conditions satisfactory to the Minister of Justice, whether or not the satisfaction or removal of the terms or conditions will result in the delivery becoming absolute; and

  • (c) give and accept any undertakings from an advocate or a notary of the Province of Quebec or a barrister or solicitor of any other province that are in the opinion of the Minister of Justice necessary for or incidental to the completion of a transaction concerning real property or immovables, including undertakings respecting the delivery of any instrument or act and the payment of any purchase price or other moneys.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Minister of Justice and the Treasury Board, make regulations respecting

  • (a) the referral of specified classes of transactions concerning real property or immovables within or outside Canada to the Minister of Justice for settlement and approval of the form and legal content of instruments or acts or for other purposes; and

  • (b) the establishment and operation of a depository for the deposit of copies of instruments and acts relating to federal real property and federal immovables other than instruments and acts issued under the Great Seal.