GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Real Property and Federal Immovables Act — F-8.4 6
Execution of licences 6 A licence in respect of federal real property or a federal immovable shall be signed by the Minister having the administration of the property. 1991, c. 50, s. 6; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 7
Plans 7 (1) Where under the laws of Canada or a province a plan may operate as an instrument or act granting, conceding, dedicating, transferring or conveying real property or immovables for a road, utility, park or other public purpose, the use of such a plan in relation to any federal real property or federal immovable may be authorized by the same authority that may authorize the grant, concession, dedication, transfer or conveyance of that property. Execution (2) A plan referred to in subsection (1) relating to any federal real property or federal immovable shall be signed by the Minister having the administration of the property and countersigned by the Minister of Justice. 1991, c. 50, s. 7; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 8
Delivery required 8 (1) Subject to a contrary intention expressed in any instrument or act, the rule of law that a grant of federal real property or a concession of federal immovables by letters patent requires no delivery to take effect is hereby abrogated. Time of taking effect (2) A grant of federal real property and a concession of federal immovables by letters patent or by an instrument or act referred to in paragraph 5(1)(b) shall take effect in accordance with the provisions of the letters patent, instrument or act or, if there is no provision for its taking effect, shall take effect, (a) where the letters patent are or the instrument or act is delivered on terms or subject to conditions, on their satisfaction or removal; and (b) in any other case, on delivery of the letters patent, instrument or act. 1991, c. 50, s. 8; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 9
Words of limitation 9 Where under the laws of a province other than Quebec an instrument transferring real property without words of limitation operates as an absolute transfer of all the transferor’s interest in the real property, a grant of federal real property in that province by letters patent or by an instrument referred to in paragraph 5(1)(b) operates as a conveyance of a fee simple or equivalent estate in the property although no words of limitation are used in the instrument, if Her Majesty has power to grant the fee simple or an equivalent estate in the property and no contrary intention is expressed in the instrument. 1991, c. 50, s. 9; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 10
Grants or concessions to Her Majesty 10 Her Majesty may grant federal real property and concede federal immovables to Herself. 1991, c. 50, s. 10; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 11
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. 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. 1991, c. 50, s. 11; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 12
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. 1991, c. 50, s. 12; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 13
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. 1991, c. 50, s. 13; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 14
No title by prescription 14 No person acquires any federal real property or federal immovable by prescription. 1991, c. 50, s. 14; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 15
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. 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. 1991, c. 50, s. 15; 2001, c. 4, s. 16
Federal Real Property and Federal Immovables Act — F-8.4 17
Territorial lands 17 (1) Despite 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 Nunavut. Yukon and Northwest Territories (1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon or the Northwest Territories that is under the administration of a minister or an agent corporation. Administration — Minister of Northern Affairs (2) If any federal real property in Nunavut or any federal real property that is described in subsection (1.1) is granted in fee simple under this Act, the Minister of Northern Affairs has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1). Administration — interest other than fee simple (3) If an interest — other than the fee simple in that federal real property — that is under the administration of a minister is granted under this Act, that minister retains the administration of the property and rights that are reserved from the grant by virtue of subsection (1) or (1.1). 1991, c. 50, s. 17; 1993, c. 28, s. 78; 2001, c. 4, s. 19(F); 2002, c. 7, s. 171; 2014, c. 2, s. 42 2019, c. 29, s. 367
Federal Real Property and Federal Immovables Act — F-8.4 18
Administration by Minister 18 (1) Any federal real property or federal immovable acquired or leased 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. Administration by Minister (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 or federal immovable, that property is under the administration of that Minister for the purposes of that department. Continuity of administration (3) Any federal real property or federal immovable 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 under section 16 or on the authority or direction of the Governor in Council. Consequences of administration (4) Where any federal real property or federal immovable is under the administration of a Minister for the purposes of a department, that 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 or the fruits and revenues of its use. For greater certainty (5) For greater certainty, a Minister may have the administration of federal real property or federal immovables for the purposes of any department of which that Minister is the Minister. Signature is evidence (5.1) Despite subsections (1) to (3), if a Minister is satisfied that the federal real property or federal immovable described in an instrument or act referred to in section 5 or 11, a licence referred to in section 6 or a plan referred to in section 7 is under the Minister’s administration, that property is deemed to be under the administration of the Minister and the signature of the Minister on the instrument, act, licence or plan is conclusive evidence that the Minister is so satisfied. Administration by corporation (6) If, by or under any Act or any order of the Governor in Council, a corporation has, by the use of any expression mentioned in subsection (2) or any similar expression, the right to the use of any federal real property or federal immovable, 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. 1991, c. 50, s. 18; 1999, c. 31, s. 97; 2001, c. 4, s. 20
Federal Real Property and Federal Immovables Act — F-8.4 19
Defence property vested in Her Majesty 19 (1) Such of the real property and immovables mentioned in the schedule to the Ordnance 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 of the real property and the accessories and dependencies of the immovables, unless disposed of since that date, 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. Disposition of defence property (2) Until the Governor in Council provides otherwise, federal real property and federal immovables that are declared by the Governor in Council to be necessary for the defence of Canada shall not be disposed of, but the Governor in Council may authorize the lease or other use of any 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 Ordnance 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. 1991, c. 50, s. 19; 2001, c. 4, s. 21
Federal Real Property and Federal Immovables Act — F-8.4 20
Grants or concessions to deceased persons not null or void 20 A Crown grant that is issued to or in the name of a person who is deceased is not for that reason null or void, but the title to the real property or immovable intended to be granted or conceded vests in the heirs, assigns or successors, legatees or legatees by particular title, or other legal representatives of the deceased person according to the laws in force in the province in which the property is situated as if the Crown grant had issued to or in the name of the deceased person during the person’s lifetime. 1991, c. 50, s. 20; 2001, c. 4, s. 22
Federal Real Property and Federal Immovables Act — F-8.4 21
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. 1991, c. 50, s. 21; 2001, c. 4, s. 23(F)
Federal Real Property and Federal Immovables Act — F-8.4 22
Relief from inconsistent transactions 22 (1) Where, through error, inconsistent transactions relating to the same federal real property or federal immovable have been entered into, the Governor in Council may (a) order a new grant of federal real property, or a new concession of a federal immovable, 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, or of federal immovables, 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 was transferred by or 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 any federal real property, or a new concession of any federal immovable, that the Governor in Council considers just and equitable 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. 1991, c. 50, s. 22; 2001, c. 4, s. 24
Federal Real Property and Federal Immovables Act — F-8.4 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. * [Note: Act in force September 15, 1992, see SI/92-151.]
Federal Sustainable Development Act — F-8.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Federal Sustainable Development Act — F-8.6 1
Short title 1 This Act may be cited as the Federal Sustainable Development Act .
Federal Sustainable Development Act — F-8.6 2
Definitions 2 The following definitions apply in this Act. appropriate Minister has the same meaning as in section 2 of the Financial Administration Act . ( ministre compétent ) Commissioner means the Commissioner of the Environment and Sustainable Development appointed under subsection 15.1(1) of the Auditor General Act . ( commissaire ) designated entity means an entity named in the schedule. ( entité désignée ) entity means (a) any body named in any of Schedules I to II to the Financial Administration Act ; or (b) any Crown corporation as defined in section 2 of the Financial Administration Act . ( entité ) Minister means the Minister of the Environment, unless the context otherwise requires. ( ministre ) precautionary principle [Repealed, 2019, c. 2, s. 1] sustainability means the capacity of a thing, action, activity, or process to be maintained indefinitely. ( durabilité ) sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. ( développement durable ) target [Repealed, 2019, c. 2, s. 1] 2008, c. 33, s. 2 2019, c. 2, s. 1
Federal Sustainable Development Act — F-8.6
appropriate Minister has the same meaning as in section 2 of the Financial Administration Act . ( ministre compétent )
Federal Sustainable Development Act — F-8.6
Commissioner means the Commissioner of the Environment and Sustainable Development appointed under subsection 15.1(1) of the Auditor General Act . ( commissaire )
Federal Sustainable Development Act — F-8.6
designated entity means an entity named in the schedule. ( entité désignée )
Federal Sustainable Development Act — F-8.6 (a)
entity means (a) any body named in any of Schedules I to II to the Financial Administration Act ; or (b) any Crown corporation as defined in section 2 of the Financial Administration Act . ( entité )
Federal Sustainable Development Act — F-8.6
Minister means the Minister of the Environment, unless the context otherwise requires. ( ministre )
Federal Sustainable Development Act — F-8.6
precautionary principle [Repealed, 2019, c. 2, s. 1]
Federal Sustainable Development Act — F-8.6
sustainability means the capacity of a thing, action, activity, or process to be maintained indefinitely. ( durabilité )
Federal Sustainable Development Act — F-8.6
sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. ( développement durable )
Federal Sustainable Development Act — F-8.6 3
Purpose 3 The purpose of this Act is to provide the legal framework for developing and implementing a Federal Sustainable Development Strategy that makes decision making related to sustainable development more transparent and subject to accountability to Parliament, promotes coordinated action across the Government of Canada to advance sustainable development and respects Canada’s domestic and international obligations relating to sustainable development, with a view to improving the quality of life of Canadians. 2008, c. 33, s. 3 2019, c. 2, s. 2
Federal Sustainable Development Act — F-8.6 4
Application 4 This Act and the regulations are binding on Her Majesty in right of Canada.
Federal Sustainable Development Act — F-8.6 5
Principles 5 The following principles shall be considered in the development of sustainable development strategies: (a) the principle that sustainable development is based on an efficient use of natural, social and economic resources and the need for the Government of Canada to integrate environmental, economic and social factors in the making of all of its decisions; (a.1) the principle that sustainable development (i) is a continually evolving concept, (ii) may be achieved by, among other things, the protection of ecosystems, prevention of pollution, protection of human health, promotion of equity, conservation of cultural heritage, respect for domestic and international obligations relating to sustainable development and recognition of the present generation’s responsibility to provide future generations with a healthy and ecologically sound environment, and (iii) may be advanced by, among other things, taking into account the precautionary principle, the “polluter pays” principle, the principle of internalization of costs and the principle of continuous improvement; (b) the principle of intergenerational equity, which is the principle that it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs; (c) the principle of openness and transparency, which is the principle that the release of information should be encouraged to support accountability and public engagement; (d) the principle that it is important to involve Aboriginal peoples because of their traditional knowledge and their unique understanding of, and connection to, Canada’s lands and waters; (e) the principle of collaboration, which is the principle that it is important for stakeholders to collaborate in the pursuit of common objectives; and (f) the principle that a results and delivery approach — that allows for developing objectives, developing strategies for meeting those objectives, using indicators for reporting on progress towards meeting those objectives and establishing accountability — is key to meeting measurable targets. 2008, c. 33, s. 5 2019, c. 2, s. 3
Federal Sustainable Development Act — F-8.6 6
Committee on Sustainable Development 6 A committee of the Queen’s Privy Council for Canada, consisting of a Chairperson and other members of the Queen’s Privy Council for Canada, shall have oversight of the development and implementation of the Federal Sustainable Development Strategy.
Federal Sustainable Development Act — F-8.6 7
Sustainable Development Office 7 (1) The Minister shall establish a Sustainable Development Office within the Department of the Environment to develop and maintain systems and procedures to monitor progress on implementation of the Federal Sustainable Development Strategy. Report (2) The Office shall, at least once every three years after this Act comes into force or, as of November 10, 2017, at least once within every three-year period beginning on that date, provide the Minister with a report on the progress of the Government of Canada in implementing the Federal Sustainable Development Strategy. Contribution of designated entities (3) Every designated entity or, in the case of a designated entity over which a minister presides, the minister presiding over the designated entity shall contribute to the development of the report. Tabling in each House of Parliament (4) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. Deemed referral to appropriate committee (5) A report that is tabled in a House of Parliament is deemed to be referred to the standing committee of that House that normally considers matters relating to sustainable development. 2008, c. 33, s. 7; 2010, c. 16, s. 1 2019, c. 2, s. 4