Federal Security Interests Research Study and Report 2000

APPENDIX E

Summary of legislative and regulatory provisions relating to federal property

Federal Real Property Act, 1991, c. 50, s. 16.

Subsection 16(1) empowers the Governor in Council, on the recommendation of the Treasury Board to authorize the sale, purchase, lease or other disposition of any real property.; Under paragraph 16(1)(k), the Governor in Council is also entitled to 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 or otherwise, in connection with any transaction authorized under this Act.; Under paragraph 16(2)(h), the Governor in Council can also make regulations regarding the acceptance or the release or discharge of such security interests.

Financial Administration Act, R.S.C. 1985, Chap. F-11, ss. 66-70; ss. 72-75.

Paragraph 66 defines Crown debt while paragraph 67 provides that, except as specified under the FAA (and any other act) Crown debt is not assignable, nor is any transaction purporting to assign Crown debt enforceable.; Under paragraph 68, assignments of Crown debt must comply with notice and technical requirements in order to be effective and valid.; Paragraph 69 sets out the steps to provide proper notice to the Crown.; Paragraphs 72 to 75 provide that where an amount is due under a payment bond to the Crown, a person who performed the labour or services, qualifies as a class of persons for which the payment bond is held as security, and has not been paid, is deemed (with or without notice) to be an assignee of the right of the Crown to recover an amount under the payment bond.

Assignment of Crown Debt Regulations, C.R.C. c. 675.

These regulations provide more specifically for the procedures surrounding the assignment of Crown debt, including requirements relating to corporations, partnerships and individuals.

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