Rescinded [2022-05-13] - Policy on Management of Real Property

1.1 This policy takes effect on November 1, 2006.

1.2 Together with the directive and standards listed in section 3.6 below, it replaces the following:

• Treasury Board Federal Contaminated Sites and Solid Waste Landfills Inventory Policy
• Treasury Board Federal Contaminated Sites Management Policy
• Treasury Board Heritage Buildings Policy
• Treasury Board Open and Fair Real Property Transactions Policy
• Treasury Board Policy on the Disposal of Surplus Real Property
• Treasury Board Real Property Accessibility Policy
• Treasury Board Real Property Administration Policy
• Treasury Board Real Property Environment Policy
• Treasury Board Real Property Investment Policy
• Treasury Board Real Property Management Framework Policy
• Treasury Board Real Property Revenue Policy
• Treasury Board Real Property Transactions, Processes, and Authorities Policy
• Treasury Board Use of Real Property Facilities Policy

2.1 This policy applies to all departments as defined in section 2 of the Financial Administration Act, unless specific acts or regulations override it.

2.2 The requirement with respect to the Directory of Federal Real Property and to the Federal Contaminated Sites Inventory at section 6.1.15 of this policy also applies to Crown corporations as defined in the Reporting Standard on Real Property.

Note: For interpretation of this policy and the related directive and standards in the Province of Quebec, "real property" means "immovable" within the meaning of civil law of the Province of Quebec and includes the rights of a lessee in respect of such an immovable.

3.1 Real property and real property information are significant corporate resources that, when managed well, enable effective and efficient government programs, inform strategic decision-making and facilitate horizontal initiatives.

3.2 The management of real property is a systematic, structured process covering real property activities on a whole-of-life basis. It includes activities related to planning, acquisition, use and disposal for which both custodian and tenant departments are responsible.

3.3 This policy is issued pursuant to the Financial Administration Act, subsections 7(1), 9(1.1), 9(2) and 149(1), and the Federal Real Property and Federal Immovables Act, subsection 16(4).

3.4 Ministers have administration of real property only in support of the mandated programs of their departments. Deputy heads are accountable to their respective minister and to the Treasury Board for the sound stewardship of these assets in accordance with legislation, regulations and Treasury Board policy instruments that promote due diligence, ethical behaviour and sound management practices, thereby ensuring long-term sustainability and value for Canadian taxpayers. They are also responsible for ensuring real property is managed in a manner that fulfills any legal obligations with respect to Aboriginal groups and that the Honour of the Crown is upheld.

3.5 This policy is framed by the principles set out in the Policy Framework for the Management of Assets and Acquired Services. This policy is to be read in conjunction with related Treasury Board policies governing assets, in particular the Common Services Policy, the Policy on Investment Planning, the Policy on Long-term Capital Plans, the Policy on the Management of Projects and the Project Management Policy.

3.6 Additional mandatory requirements for the management of real property are set out in the following policy instruments:

• Directive on the Sale or Transfer of Surplus Real Property;
• Accessibility Standard for Real Property;
• Appraisals and Estimates Standard for Real Property;
• Reporting Standard on Real Property; and
• Fire Protection Standard.

4.1 Definitions to be used to interpret this policy and the related directive and standards can be found in the Appendix.

6.1 Deputy heads are responsible for ensuring that:

Monitoring and reporting

6.2 Deputy heads are responsible for monitoring and reporting on the management of real property in their departments. More specifically, they are responsible for ensuring that:

6.3 The Secretary of the Treasury Board is responsible for:

7.1 Based on the assessment of departmental management performance, the Secretary of the Treasury Board will make appropriate recommendations to the deputy head of a department and to Treasury Board. Recommendations to Treasury Board ministers could include such measures as an increase in transactional approval limits to acknowledge improved performance or capacity, or conversely, a decrease in authorities or a withholding of proceeds of sale or transfer in the event of performance falling short of the requirements of this policy and its associated policy instruments.

Note: This section is meant to inform departments of other significant players in the management of real property. In and of itself, it does not confer an authority.

8.1 The Canadian Environmental Assessment Agency administers the Canadian Environmental Assessment Act and advises federal departments of their obligations under the Act. The Agency encourages public participation in the environmental assessment process and promotes high-quality assessment through training and guidance. It also provides administrative and advisory support for review panels, mediations, comprehensive studies and class screening. In addition, the Agency administers the Cabinet Directive on the Environmental Assessment of policy, plan and program proposals and promotes the use of strategic environmental assessments as a key tool to support sustainable decision-making.

8.2 The Canadian Human Rights Commission can accept complaints concerning the accessibility of real property under the authority of the Canadian Human Rights Act. In addition, the Commission requires that employers (i.e., both custodian and tenant departments) examine their workplaces to ensure they are accessible as required under the Employment Equity Act.

8.3 Environment Canada provides advice to all federal departments on environmental matters, including contaminated sites, species at risk and environmental assessment. Through a full consultative process, the department also works with departments to establish federal environmental goals and objectives and to develop regulations, directives, guidelines, standards, or codes that affect them. In co-operation with partners, the department develops environmental quality criteria, site assessment protocols and other environmental tools and technologies.

8.4 Fisheries and Oceans Canada, under the Fisheries Act, has a regulatory function with respect to the protection of fish habitat and the prevention of pollution. Fisheries and Oceans Canada provides advice and support to Environment Canada and custodian departments concerning, among other things, the impact of contamination and remediation strategies on fish habitats. The department is also the competent ministry for aquatic species at risk under the Species at Risk Act.

8.5 Foreign Affairs and International Trade Canada is the designated custodian of real property outside Canada that supports diplomatic and consular purposes. The department is also the common service organization providing real property services to departments outside Canada.

8.6 Human Resources and Skills Development Canada is responsible for and ensures compliance with the Canada Labour Code, Part 2 and attendant health and safety regulations with respect to federal workplaces. Fire protection services are delivered by the department's Labour Program, which has as its mandate "ensuring the protection, conservation and minimization of risks to life, property and the Government's financial position". Fire protection services include: advice to Treasury Board on fire protection and standards; assistance and advice to departments on fire risk management matters; fire investigations and reports; reviewing plans on design and construction of buildings to ensure conformity with Treasury Board policy and fire protection standards; liaison with fire, police and building authorities; reporting on national and crown property fire losses and specialized fire inspection and fire protection engineering services.

8.7 Aboriginal Affairs and Northern Development Canada provides available information about federal properties such as: whether the property is in an area subject to a land cession treaty or completed comprehensive land claim; whether there are ongoing claims negotiations or out-of-court settlement discussions; if the property is subject to any asserted claims; or if there is evidence of use or occupation or history of use and occupation by an Aboriginal group or groups.

8.8 The Department of Justice Canada, under the authority of the Department of Justice Act and the Federal Real Property and Federal Immovables Act, acts as solicitor to departments for real property transactions of all types to ensure that all legal aspects of the transaction have been addressed; provides property-specific legal title search and an assessment as to whether potential or established Aboriginal or treaty rights could be adversely impacted by the disposal of the land and whether a duty to consult is triggered; provides information on any relevant litigation; prepares instruments, contracts and other documents, including approval of their form and legal content; provides legal advice and opinions on real property matters and transactions; countersigns conveyance instruments; and operates a document depository.

8.9 The National Capital Commission, under the National Capital Act, has legislated responsibilities for real property within the National Capital Region (NCR). These responsibilities include the approval of all sales or transfers of federal lands within the NCR, approval of demolition of buildings on federal lands within the NCR, and the approval of land use or development plans. The organization is also responsible for approving exterior alterations and additions to buildings on federal lands in the NCR and for defining the National Interest Land Mass (NILM) - those lands essential to the function and character of the NCR that must be held for future generations.

8.10 Natural Resources Canada promotes energy management in federal government facilities, surveys Canada Lands and manages the Crown's mineral rights. Under the National Resources Canada Act, the department issues, manages, transfers, and registers federally owned mineral rights in the provinces and oil and gas rights for frontier land areas not covered by regional boards. It therefore has a role in real property transactions whenever mineral rights form part of the federal Crown's ownership of the land.

8.11 PPP Canada provides advice and expertise on the use of public-private partnerships, in accordance with its mandate established in its enabling Order-in-Council.

8.12 Parks Canada establishes national goals to protect federal heritage buildings and national historic sites. It also develops policies, standards and guidelines in consultation with other departments. Through the Federal Heritage Buildings Review Office, Parks Canada provides criteria and a process for evaluating and designating heritage character, provides advice and recommendations to other departments, and maintains a register of federal heritage buildings. The minister responsible for the Agency is responsible for approving the heritage designations for federal buildings based on the recommendation of an interdepartmental advisory committee.

8.13 Public Works and Government Services Canada is the designated custodian of general-purpose office accommodation in Canada, provided on an obligatory basis to departments, and sets the standards for them. The Minister has authority under the Expropriation Act to expropriate any interest in land that, in the minister's opinion, is required by the Crown for a public work or other public purpose. Under the Payment-in-lieu-Taxes Act, the minister has sole authority for making a payment to a taxing authority in respect of federal real property. In addition, under the Department of Public Works and Government Services Act, the department is also a common service organization providing real property services to federal organizations within Canada.

8.14 The Royal Canadian Mounted Police, in consultation with the Secretariat and other departments, develop operational standards and technical documentation on the security design of facilities and the control and monitoring of access to facilities and assets. They advise departments on the application of the operational standards and technical documentation, on the security design of facilities and on physical security equipment, systems and procedures. Furthermore, they develop and provide physical security training and awareness; review and advise on counter-technical intrusion detection and conduct related research and develop counter-measures for physical threats.

8.15 The Treasury Board Secretariat, in addition to the explicit responsibilities outlined in this policy, provides the appropriate tools and guidance in support of this policy and its associated directive and standards to be consistent with best practices in the public and private sectors. The Secretariat also supports the professional development of the real property community.

9.1 In addition to the directive and standards associated with this policy, the following directly affect or inform activities related to the management of real property.

Please direct enquiries about this policy instrument to the organizational unit in your department responsible for this subject matter. For interpretation of this policy instrument, the responsible organizational unit should contact: TBS Public Enquiries.