Marginal note:Powers of Governor in Council

• 16. (1) Despite any regulations made under subsection (2), the Governor in Council may, on the recommendation of the Treasury Board, in accordance with any terms and subject to any conditions and restrictions that the Governor in Council considers advisable,

  • (a) authorize the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;

  • (b) authorize the acquisition or lease of real property or immovables on behalf of Her Majesty;

  • (c) authorize the giving or acquisition on behalf of Her Majesty of any licence or the transfer between Ministers of administrative responsibility in relation to any licence acquired by Her Majesty;

  • (d) authorize, on behalf of Her Majesty, a surrender or resiliation of any lease of which Her Majesty is the lessee or the relinquishment of any licence of which Her Majesty is the licensee, or the acceptance of the surrender or resiliation of any lease of which Her Majesty is the lessor or the acceptance of the relinquishment of any licence of which Her Majesty is the licensor;

  • (e) transfer to Her Majesty in any right other than Canada administration and control of the entire or any lesser interest, or any right, of Her Majesty in any federal real property or federal immovable, either in perpetuity or for any lesser term;

  • (f) accept, on behalf of Her Majesty, the transfer of administration and control of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;

  • (g) despite any other Act, transfer the administration of federal real property or federal immovables from one Minister to another, from a Minister to an agent corporation or from an agent corporation to a Minister;

  • (h) authorize a grant of any federal real property or concession of any federal immovable to a corporation that has the administration of the property or to any person designated by that corporation;

  • (i) authorize the grant of any federal real property or the concession of federal immovables by Her Majesty to Herself;

  • (j) dedicate or authorize the dedication of any federal real property or federal immovable for a road, utility, park or other public purpose, either in perpetuity or for any lesser term; or

  • (k) authorize the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with any transaction authorized under this Act.

• Marginal note:Regulations

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

  • (a) respecting the disposition or lease of federal real property or federal immovables for which disposition or lease there is no provision in or under any other Act;

  • (b) respecting the acquisition or lease of real property or immovables on behalf of Her Majesty;

  • (c) respecting the giving and acquisition of licences on behalf of Her Majesty and the transfer between Ministers of administrative responsibility in relation to licences acquired by Her Majesty;

  • (d) respecting the surrender and resiliation of leases of which Her Majesty is the lessee and the relinquishment of licences of which Her Majesty is the licensee, and the acceptance of surrenders and resiliations of leases of which Her Majesty is the lessor and the acceptance of relinquishments of licences of which Her Majesty is the licensor;

  • (e) respecting the transfer to Her Majesty in any right other than Canada, by instrument or act satisfactory to the Minister of Justice, of administration and control of the entire or any lesser interest, or any right, of Her Majesty in federal real property or federal immovables, either in perpetuity or for any lesser term;

  • (f) respecting the acceptance, on behalf of Her Majesty, of transfers of administration and control satisfactory to the Minister of Justice of real property or immovables from Her Majesty in any right other than Canada, including any such transfer made by grant, concession, vesting order, other conveyancing instrument or other transfer act;

  • (g) respecting the transfer of the administration of federal real property or federal immovables by one Minister to another, by a Minister to an agent corporation or by an agent corporation to a Minister;

  • (h) respecting the acceptance or the release or discharge, in whole or in part, on behalf of Her Majesty, of any security, by way of mortgage, hypothec or otherwise, in connection with transactions authorized under regulations made under this subsection;

  • (i) authorizing the provision of utilities and other services on or from federal real property or federal immovables and the imposition of fees, charges and rates for those services;

  • (j) imposing fees for the provision of copies of maps, plans, field notes, documents, papers and other records pertaining to federal real property or federal immovables, for the preparation of documents evidencing a disposition or lease of federal real property or federal immovables and for the deposit in a department of documents relating to federal real property or federal immovables;

  • (k) establishing a formula for determining the rate of interest to be paid with respect to the purchase money, rent or other consideration for federal real property or federal immovables disposed of, leased, licensed or otherwise dealt with under this Act; and

  • (l) respecting the dedication, in perpetuity or for a lesser term, of any federal real property or federal immovable for a road or utility purpose.

• Marginal note:Exercise of powers

  (3) A Minister may authorize in writing any other Minister to exercise on the authorizing Minister’s behalf any power in relation to any transaction or class of transactions that has been or may be authorized under subsection (1) or under regulations made pursuant to subsection (2).

• Marginal note:Limits and restrictions

  (4) The Treasury Board may, generally or with respect to any Minister, establish financial or other limits, restrictions or requirements respecting any transaction or class of transactions authorized under regulations made pursuant to subsection (2).

• Marginal note:Saving

  (5) No limit, restriction or requirement established under subsection (4) and no regulation or direction made under section 41 of the Financial Administration Act derogates from the authority of a Minister under this Act to enter into a transaction or affects the validity of a transaction entered into pursuant to such authority.

• Marginal note:Rent

  (6) Despite the Financial Administration Act, if a lease of federal real property or federal immovables or a licence in respect of any such property is authorized under this Act, the amount of the rent or other consideration charged for the lease or licence may, subject to the order or regulations by which it is authorized, be less than, equal to or more than the costs borne by Her Majesty in relation to the property.

• Marginal note:Acquisition of shares

  (7) Where an acquisition or a lease is authorized under this Act in relation to

  • (a) real property in a condominium project or an immovable under divided co-ownership,

  • (b) real property or an immovable in a co-operative project, or

  • (c) real property or an immovable in any similar project,

  that authorization also constitutes the authority for the acquisition of a share, membership interest or ownership interest in the relevant condominium corporation, syndicate of co-owners, co-operative corporation or similar corporation, to the extent that the acquisition of the share, membership interest or ownership interest is required by, or effected by, the law of the jurisdiction in which the project is situated.