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CHAPTER 452

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting the Disposal of
Surplus Crown Property

Short title

1 This Act may be cited as the Surplus Crown Property Disposal Act. R.S., c. 452, s. 1.

INTERPRETATION

Interpretation

2 In this Act,

(a) "Committee" means the Surplus Crown Property Committee established under this Act;

(b) "department" means a department established by or under the Public Service Act and includes a branch or division of the public service and a board, commission or other agency of Her Majesty in right of the Province;

(c) "Minister" means the member of the Executive Council to whom is assigned the administration of this Act;

(d) "surplus Crown property" means property enumerated in a report furnished to the Minister pursuant to this Act. R.S., c. 452, s. 2.

ADMINISTRATION

Administration of Act

3 The Governor in Council may assign to a member of the Executive Council the administration of this Act. R.S., c. 452, s. 3.

Surplus Crown Property Committee

4 (1) The Governor in Council may appoint a Surplus Crown Property Committee of such number of persons as the Governor in Council from time to time determines, one of whom is a member of the Purchasing Committee, and shall appoint one member of the Committee to be the Chairman thereof.

Remuneration

(2) The members of the Committee shall be paid such salaries or other remuneration as the Governor in Council determines. R.S., c. 452, s. 4.

Functions and duties

5 The Committee shall advise the Minister and the several departments on matters to which this Act relates and shall have such other functions and duties as are prescribed by the regulations or as the Governor in Council from time to time determines. R.S., c. 452, s. 5.

Regulations

6 The Governor in Council may make regulations

(a) prescribing the form of reports to be made to the Minister under this Act and the time or times at which they shall be made;

(b) respecting the manner of conducting sales or other disposals of surplus Crown property;

(c) prescribing the functions and duties of the Committee;

(d) generally for the better carrying out of the intent and purposes of this Act. R.S., c. 452, s. 6.

Report on surplus personal property

7 Each department shall at the time and in the manner prescribed by the regulations and may at any other time make a report to the Minister setting out particulars of equipment, machinery, furniture, materials, tools, instruments, vehicles, and other property of every nature and sort, except real property, in its custody and control for which it has no present or foreseeable future need and in respect of which there is no statutory provision for disposal. R.S., c. 452, s. 7.

Referral of report to Committee

8 The Minister may refer any such report to the Committee for examination and recommendation respecting the disposal of the articles listed in it. R.S., c. 452, s. 8.

Powers of Minister respecting surplus property

9 The Minister, with the general or particular authorization of the Governor in Council, may

(a) sell, lease or rent, exchange, transfer from one department to another department, give or otherwise dispose of surplus Crown property to such persons and on such terms and conditions as he considers advisable;

(b) repair, renovate, restore, remodel or otherwise treat surplus Crown property;

(c) enter into and carry out such agreements and undertakings and execute and deliver such assignments, bills of sale, chattel mortgages and other instruments and documents as are necessary in connection with the disposal of or dealing with surplus Crown property. R.S., c. 452, s. 9.

Proceeds of disposal

10 The proceeds of the sale, rental or other disposal of surplus Crown property shall be credited to such account or fund of the Province as the Governor in Council from time to time directs either generally or with respect to any particular property or class of property. R.S., c. 452, s. 10.

Order for disposal of surplus real estate

11 (1) The Governor in Council, for such consideration and on such terms and conditions as he considers advisable, may order the sale, renting, exchange, giving or other disposal of real estate vested in Her Majesty in right of the Province or any interest therein that was acquired in any manner or for any purpose and is not required for Provincial purposes and in respect of which there is no statutory provision for disposal.

Execution and delivery of instrument

(2) When the Governor in Council orders under subsection (1) that any real estate or interest therein be sold, rented, exchanged, given or otherwise disposed of, the Minister may, on behalf of Her Majesty, execute and deliver all deeds, leases, mortgages and other instruments that are necessary to give effect to the order of the Governor in Council.

Proceeds of disposal

(3) The proceeds of any sale, renting, exchange or other disposal of real estate or interest therein pursuant to this Section shall be credited to such account or fund of the Province as the Governor in Council directs either with respect to a particular transaction or with respect to different classes of transactions or property. R.S., c. 452, s. 11.

Tabling of report

12 The Minister shall not later than twenty days after the commencement of each session of the General Assembly table a report showing particulars of all surplus Crown property, real estate and interests therein disposed of or dealt with pursuant to this Act, and the manner of such disposal or dealing, including the amounts received for the same and the persons to whom it was sold, rented, transferred or given during the fiscal year preceding the commencement of the session. R.S., c. 452, s. 12.

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