Canada Marine Act

Marginal note:Disposition of federal real property and federal immovables

• 46 (1) Subject to subsection 45(3), a port authority may not dispose of any federal real property or federal immovable that it manages but it may

  • (a) without the issuance of supplementary letters patent, grant a road allowance, an easement, a real servitude, a right of way or a licence for utilities, services or access; and

  • (b) to the extent authorized in the letters patent,

    • (i) exchange that property for other real property or immovables of comparable value, if supplementary letters patent that describe the other property as federal real property or federal immovables have been issued, and

    • (ii) dispose of fixtures on federal real property and federal immovables.

• Marginal note:Powers

  (1.1) The port authority may exercise the powers under paragraph (1)(a) or (b) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

• Marginal note:Other real property and immovables

  (2) A port authority may dispose of any real property or immovable that it holds, other than federal real property or federal immovables, if supplementary letters patent have been issued, and, without the issuance of supplementary letters patent, it may grant a road allowance, an easement, a real servitude, a right of way or a licence for utilities, services or access.

• Marginal note:Acquisition, lease or license of real property and immovables

  (2.1) The port authority may acquire, lease as lessee or license as licensee real property or immovables other than federal real property or federal immovables, if supplementary letters patent have been issued.

• Marginal note:Acquisition of federal real property or federal immovables

  (2.11) A port authority may acquire federal real property or federal immovables, if supplementary letters patent have been issued. For greater certainty, the federal real property or federal immovables become, on acquisition, real property or immovables other than federal real property or federal immovables.

• Marginal note:Lease or licence — other real property and immovables

  (2.12) A port authority may, for the purpose of operating the port, lease or license any real property or immovable that it holds, other than federal real property or federal immovables, subject to the limits in the port authority’s letters patent. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.

• Marginal note:Temporary use

  (2.2) A port authority may lease or license any real property or immovable it holds, other than federal real property or federal immovables, for temporary use under paragraph 28(2)(b).

• Marginal note:Application of provincial law

  (3) A grant may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property or federal immovable is situated.