Guide to the Monitoring of Real Property Management (Chapter 2-3)![,](/web/20061202165120im_/http://www.tbs-sct.gc.ca/images/clf/line450x1.gif)
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Table of Contents
Introduction
A. General framework
B. Investment
C. Ongoing administration
D. Transactions
E. Suggested further reading
Objective of the guide
This Guide is intended to assist managers in
implementing the government's real property policies and to
monitor and assess how well this is done within departments. The
Bureau of Real Property and Materiel prepared the Guide in
consultation with the Working Group on Custodian Assessment,
which is composed of representatives from program and real
property operations and members of the audit and evaluation
community. Accordingly the Guide is intended to serve both
managerial and assessment purposes. For management purposes
departments may wish to identify and expand on issues not raised
in the Guide. Likewise auditors may find that it can serve as a
basis for lines of inquiry that they will have to tailor to the
kind of review and the department involved.
The Guide is organized into four sections:
- general framework: dealing with topics such as the
accountability framework and information systems for real
property management;
- investment: looking at the investment, long-term
capital planning and project activity aspects of real property
decision-making;
- ongoing administration: focusing on issues arising in
the course of a department's administration of real property,
such as accommodation standards, revenue opportunities, and
environmental/accessibility/heritage considerations; and
- transactions: reviewing the activities of real
property acquisitions and disposals.
Each section begins by describing the intent of
the policies it covers. The sections also include key questions
and checklists to help you assess the performance of the real
property activity. When the questions relate to a specific policy
in the "Real Property" volume of the Treasury Board
Manual, they include a reference to that policy. For example,
the reference (Chapter 1-3) at the end of a question would
indicate that the relevant policy can be found in Chapter 1-3 of
the "Real Property" volume. When the policy is in another volume,
the volume title is provided. Questions that do not contain such
references are derived from good management practice.
The questions are intended to alert you to the
relevant policy issues. The checklists are intended to provide
you with examples of how to address these policy issues. Some of
these examples directly reflect the government's policy
requirements, others reflect good managerial practices that go
beyond the requirements of Treasury Board policy.
Keep in mind that both the policy requirements
and the managerial practices are general in nature, and that
common sense is behind both. Before making any real property
decision, practitioners should ask themselves these four simple
questions:
- Does it make sense both to the department and to the
government as a whole?
- Does it accomplish its goal in a cost-effective manner?
- Is it good public policy?
- Is it fair to Canadians?
Sometimes, an affirmative answer to these four
questions will mean making a decision that does not conform to a
policy requirement. In such a case, the decision-maker must
support the decision in a Treasury Board submission. If the
decision does not conform to a good managerial practice, the
decision-maker should be ready to substantiate the decision if questioned.
Any assessment of how well managers are
implementing government policies and good managerial practices
should recognize that there are always reasonable exceptions to
general rules. The Guide is not a set of rules to be blindly
followed in all situations. It is meant to provide managers and
auditors with a framework that helps them make good real property
decisions and assessments of those decisions.
Monitoring responsibility
A number of departments and agencies have roles
and responsibilities monitoring the performance of a variety of
real property functions, as follows:
Custodian departments
Custodian departments are accountable for holding
real property and carrying out real property activities in an
appropriate manner. Departments should have monitoring processes
and systems to ensure they can monitor the results of their
internal policies, practices and procedures. Furthermore,
departments should refer to the Auditor General's recommendations
on Quality in the Constructed Project. A major benefit
from the pilot audit for 1993 (Auditor General's Report,
pages 50-51) is that the methodology will be used by building
owners and managers in the public and private sectors to assist
in evaluating the condition of their real property holdings.
Treasury Board Secretariat
The Bureau of Real Property and Materiel of the
Administrative Policy Branch, Treasury Board Secretariat, advises
the President and members of Treasury Board on real property
transactions and on matters related to federal land use in both a
regional and local context. It also develops policies for the
overall management of the federal real property portfolio.
The Treasury Board Secretariat ensures that
policies are appropriate, that departments understand the
requirements established by government and that custodians meet
government policies within the context of their own circumstances
and priorities. In addition, the Bureau of Real Property and
Materiel reports to Treasury Board on the state of the
government's real property portfolio and assists with
departmental assessments, as required by Treasury Board, the
President of the Treasury Board or the Secretary of the Treasury
Board.
To monitor real property activities, the Treasury
Board Secretariat (TBS) uses information sources such as:
- agreements departments and TBS have reached in the Shared
Management Agenda exercise;
- ongoing contacts and formal bilateral meetings with
departmental representatives;
- submissions and supporting documentation submitted to the
Treasury Board;
- Area Screening Canada and the Directory of Federal Real Property;
- reports and submissions to Treasury Board, including
Long-term Capital Plans, departmental MYOPs, Annual Management
Reports, and Annual Accessibility Reports;
- other departmental documentation requested by Treasury Board;
- departmental internal audits and program evaluations;
- departmental data bases that include directories and
financial information related to real property, such as the PWGSC
Real Property Data Base;
- reports received from other departments and agencies such as
Human Resources Development Canada, Health Canada, Environment
Canada and the Federal Heritage Building Review Office (FHBRO),
as well as the Auditor General's annual reports to Parliament;
- financial management, internal audit and program evaluation
reports across government; and
- assessments of Treasury Board policies.
The Treasury Board Secretariat should also help
departments monitor their real property activities by giving them
feedback on the information departments send to TBS.
Other departments and agencies
- Natural Resources Canada monitors energy management in
federal government facilities, conducts surveys on Canada Lands
and administers mineral rights.
- Environment Canada develops environmental policies and
provides advice on environmental matters such as environmental
impact assessment and land use.
- Health Canada is responsible for public service health
services including conducting, monitoring and providing advice to
the Treasury Board on occupational health standards for public
service workplaces.
- Canadian Heritage provides advice on heritage
buildings through the Federal Heritage Buildings Review Office (FHBRO).
- Human Resources Development Canada, under the
authority of the Canada Labour Code, develops standards
for safety (including fire) and health in federal workplaces, and
monitors compliance.
- The Office of the Human Rights Commissioner monitors
and reports on the accessibility of federal real property under
the authority of the Canadian Human Rights Act.
- The Office of the Auditor General monitors and reports
to Parliament on the use of real property by departments, Crown
corporations and agencies of the Crown. It also audits capital
assets projects through special reviews and comprehensive audits.
- The Royal Canadian Mounted Police, if requested,
reviews physical security arrangements for real property and
advises custodian departments on these matters. It also develops
related government-wide standards, and inspects, tests, and
evaluates physical security equipment and specifications.
- Common service organizations, at the request of their
client departments, may monitor policy adherence in real property
activities undertaken by the departments or by the service
organizations acting on behalf of departments.
This section outlines ways to assess the overall
management of each department's real property operations. Key
questions about managerial and real property information and
managerial systems primarily relate to the requirements in
Chapter 1-1 of the "Real Property" volume.
Management framework and accountability
A good framework is essential to the efficient
and effective management of a department's real property
operations. Treasury Board policy sets out general principles
that departments can use to develop such a management framework.
Departments must define and implement the specific frameworks for
their real property management. They must also develop, maintain
and apply appropriate organizational authority, policies,
practices, systems and technical, administrative and financial
structures to manage the real property in their custody.
Key questions
- Has the department defined and implemented an organizational
and informational framework for the management of real property
it administers? (Chapter 1-1)
- Has the department delegated authority to appropriate levels
in the organization to ensure effective management of its real
property inventory?
- Is the real property management function adequately supported
by technical, administrative and financial expertise?
What to check
- The department's real property management framework provides
the resources and data to ensure that the real property held for
program delivery is managed efficiently and effectively.
- The department, when requested, can provide information on
its real property management framework, including organization,
financial authority and information systems, needed to assess its
performance in real property management.
- The department has developed appropriate real property
management policies, practices, procedures and information
systems and managers are aware of them.
- Delegation of authority and accountability, at levels
appropriate to efficient service delivery, has been clearly defined.
- Reasonable controls are in place to prevent fraud and abuse.
- The department's real property management framework
facilitates action supporting government policies and does not
inhibit action with complex processes.
- Copies of relevant Treasury Board and other policies are
readily available to staff involved in real property management.
- Staff are qualified and receive training that develops and
maintains the skills they need to execute their current and
future responsibilities effectively.
- Copies of departmental real property plans, policies and
decisions have been distributed appropriately and instructions
have been followed.
Real property information systems
An appropriate information system is an important
element of any real property management framework. Information
systems and the records they hold help staff make informed
decisions. Government policy requires that departments maintain
accurate records of the real property they administer.
Key questions
- Is an information system in place to support real property
functions and decision-making processes? (Chapter 1-1)
- Does the department maintain accurate records of the real
property inventory under its administration? (Chapter 1-2)
- Does the department provide current and accurate information
in a timely manner when required by central agencies and others
outside the department?
What to check
- A real property information system is in place that readily
provides information concerning restrictions on use,
accessibility, contamination, cost, and other attributes of each
property that the department administers.
- The real property information system identifies, where
appropriate, the capital, historic and current operating and
maintenance costs and cost trends of facilities.
- The department uses its real property information system to
determine when and how to maintain, preserve or replace real
property consistent with program needs.
- Real property information from other federal organizations is
integrated into the departmental system.
- Automated processes and tools are being used effectively,
where appropriate, in accordance with government plans for
electronic data dissemination and decreased use of paper.
- The information system is cost effective, and program needs
determine how much information is gathered and how frequently it
is updated.
- The use of shared information systems and software within the
department and within government has been examined and such
systems and software are used wherever appropriate.
- The department provides current and accurate information in a
timely manner to other departments and to the Directory of
Federal Real Property, as required.
- The department participates in the Area Screening Canada Program.
- The department provides information to other custodian
organizations and central agencies in a manner that is readily usable.
- The annual Information Management Plans of the department
reflect the needs of the real property function (see requirements
in the "Information Management" volume of the Treasury Board
Manual).
Real property is an important government asset.
It is government policy that departments acquire, maintain,
preserve and dispose of real property to the maximum long-term
economic advantage of the government. To ensure that they make
real property decisions in this policy context, departments
should conduct an investment analysis for each decision. By using
consistent investment criteria, they will be assured that their
decisions fall within government investment objectives.
Long-term planning, supported by an effective
information management system, provides the context for good
investment decision-making. It is another essential ingredient in
effective real property management, as real property assets
usually generate their benefits and their liabilities over many years.
Effective project planning is needed to ensure
that projects follow the investment strategy of the government
and are consistent with the department's and government's
long-term capital planning.
Key questions
- Is the department making real property investment decisions
based on a full analysis that includes the life-cycle costs of
the investment? (Chapter 1-3)
- Does the department assess alternatives to minimize the cost
of investments to the government?
- Does the department's long-term capital planning reflect its
real property activities?
- Are the department's project activities consistent with the
government's and department's investment and long-term capital
planning objectives?
What to check
Investment
- The department conducts full assessments of the life-cycle
costs of each investment decision including costs of acquisition,
operation, maintenance, leasing and fit-up, renovation and
restoration; other costs related to the real property
accountability framework (such as costs to preserve heritage
buildings, meet accessibility standards and preserve the
environment); direct and indirect costs of disposing of the
property, such as realty fees, survey fees and decontamination
costs; and grants in lieu of taxes.
- Investment analyses consider trade-offs between different
investment options, examine opportunity costs and take into
account the time value of money and the effect of real property
management costs on departmental overhead.
- The department has assessed alternatives, including
consolidating facilities within the department or with other
departments' facilities.
- Definitions and analysis of real property requirements are
linked to the analysis of program needs.
- Tenant departments define their operational requirements,
such as location, in a way that does not arbitrarily exclude
minimum-cost options available to the custodian providing the facilities.
- The department considers the advantages and disadvantages of
each investment option or alternative, and links each to program needs.
- In deciding to reduce short-term infrastructure funding, the
department takes into account the total costs of deferred
facility maintenance, including the possibility of shortened
facility or systems life, and higher operating and maintenance
and repair costs.
Long-term planning
- Long-term capital strategies related to real property are
prepared, reviewed and updated in accordance with Treasury Board
real property management policy objectives.
Project planning
- Project activity and proposals fall within approved capital
plans and lease plans and established investment criteria, and
the Long Term Capital Plan reflects project funding schedules.
This section helps departments assess their
ongoing management of the real property they administer. The
policy areas covered primarily relate to the requirements in
Chapters 1-2, 1-4, 1-6, 1-7, 1-8 and 1-9 of the "Real Property"
volume. The section is divided into the following topics:
- review of real property
- revenue opportunities
- environmental considerations
- accessibility considerations
- accommodation and use of facilities
- heritage considerations
- real property common services
Review of real property
Departments should review their real property
holdings periodically to ensure that the lands they administer
continue to support the department's programs. The principle that
the government only holds real property to support program
delivery is fundamental to the present federal real property
management policy framework. For this reason, government policy
requires that if a property is no longer required for program
purposes, it should be sold.
Under government policy, departments should
systematically assess the condition of the real property they
retain so that real property can be maintained and preserved to
the maximum long-term economic advantage of the government.
Key questions
- Does the department conduct regular reviews of the real
property it administers? (Chapters 1-1, 1-2 and 1-3)
- Do the real property assets held by the department meet
program needs? (Chapters 1-2, 1-3)
- Does the department assess the condition of real property in
its inventory? (Chapter 1-3)
- Are facilities operated efficiently?
- Does the department assess alternatives to minimize the cost
of real property to the government?
What to check
- The department regularly reviews and evaluates its real
property in terms of the real property's efficiency and
effectiveness, adherence to real property policy, environmental
risks, revenue-generating ability, appropriateness to program
needs, accessibility, heritage designation and other relevant factors.
- Each real property asset is linked to program needs.
- Properties no longer required for program purposes are
identified as soon as possible to minimize carrying costs before disposal.
- The length of time between the date of identification of
excess property and the initiation of the disposal process is reasonable.
- The length of time between the initiation of the disposal
process and the date of sale or transfer is reasonable.
- The department uses each property in accordance with the
principle of highest and best use, keeping in mind the program
requirements for the property and the option of using other
property to deliver the program.
- Property meets the present and anticipated needs of the
program at the lowest cost.
- Property is adaptable to the anticipated needs of the program.
- The department regularly assesses the physical state of its
real property inventory.
- Definitions and analysis of real property requirements are
linked to the analysis of program needs.
- The amount of unused and underutilized space as a percentage
of total space is minimal.
- The costs of maintaining and operating the facility are
reasonable when compared to alternatives.
- The department has assessed alternatives, including
consolidating facilities within the department or with other
departments' facilities.
- Vacant or underutilized real property is leased, sold or surrendered.
- The department, when deciding whether to retain underutilized
property, has calculated and reviewed the property's opportunity
cost (operating and maintenance costs, grants-in-lieu, etc.).
Revenue opportunities
Departments should always strive to achieve the
highest and best use, consistent with program objectives, of the
property they administer. Government policy requires that
departments seek opportunities to earn revenue through the wider
use of the real property they administer for their program use.
In appropriate circumstances, wider use of the real property can
also enhance or complement program delivery as well as provide a
source of additional revenue to the government. In all cases,
however, the paramount consideration is the use of the property
for program delivery, and the secondary uses of the property
should not detract from that primary use. In addition, any
secondary uses of the property should be compatible with the
land-use controls on the property.
Key questions
- Does the department identify and pursue opportunities to earn
revenues through the wider use of real properties, when such
opportunities are consistent with program need? (Chapter 1-4)
- Does the department ensure that its revenue-generating
measures do not negatively affect its programs and that all
secondary uses are consistent with applicable land-use controls? (Chapter 1-4)
What to check
- Real properties are periodically assessed for
revenue-generating opportunities.
- The department assesses the benefits and risks of each opportunity.
- The department assesses the impact of each secondary use on
program delivery, and ensures that program use is not adversely affected.
- Costs of secondary uses do not exceed revenues generated or
other benefits to the Crown.
- The department determines which land-use regulations apply to
its properties.
- Revenue-generating activities conform with applicable
federal, provincial and municipal land-use controls.
Environmental considerations
Departments should always be aware of the effect
their use of real property has on the environment. Government
policy requires that departments acquire, use and dispose of real
property in a manner consistent with the principle of sustainable
development which it defines as development which ensures that:
- "the use of resources and the environment today does not
damage prospects for their use by future generations;" and
- "the management of our economic system maintains or improves
our resource and environmental base".
Key questions
- Is the department applying the principle of sustainable
development to the real property within its portfolio?
(Chapters 1-1 and 1-8)
- Does the department assess risks to the environment?
(Chapter 1-8)
- Does the department maintain information on the environmental
condition of its real properties appropriate to the risk each
property poses to the environment? (Chapter 1-8)
What to check
- The department's real property policies, procedures and
practices reflect the principle of sustainable development.
- Energy (gas, oil, hydro, water) consumption per square metre
of space is monitored and compared to other comparable
facilities, and conservation measures are implemented when appropriate.
- Real property is managed so that it is not in conflict with
federal environmental statutes, regulations and orders.
- The department undertakes environmental audits, assessments
and reviews when appropriate.
- The amount and type of information in the department's real
property records is commensurate with the risk each property
poses to the environment.
Accessibility considerations
Accessibility to federal facilities by persons
with disabilities is a legal as well as a policy requirement.
Under the Canadian Human Rights Act, it is a
discriminatory practice for federal organizations to deny persons
with disabilities access to Crown-owned or Crown-leased
facilities. In addition, government policy requires that
departments ensure that persons with disabilities can gain access
to, and use, federal real property.
The government has adopted a technical standard,
the Barrier-Free Design Standard (CAN/CSA-B651-M90).
Appendix B of Chapter 1-6 of the "Real Property" volume of the
Treasury Board Manual, entitled "Barrier-free Design:
Implementation Requirements", outlines how and when departments
should implement the technical standard to make their facilities
accessible in accordance with government policy.
Key question
- Can persons with disabilities gain access to and use real
property administered by the department? (Chapter 1-6)
What to check
- Wherever practicable, persons with disabilities have the same
level of access to and use of the department's facilities as the
general populace does.
- Partial or total exemptions of facilities from the
accessibility requirements are only made when allowed under the
circumstances detailed in Appendix B of Chapter 1-6 of the "Real
Property" volume of the Treasury Board Manual
(Barrier-free Design: Implementation Requirements).
- A systematic departmental process is in place to identify,
substantiate and approve exemptions to the accessibility requirements.
- The department consults the Interdepartmental Technical
Committee on Accessibility during the developmental and final
stages of any major variances to the technical standard.
- Minor variations from the technical standard or
implementation requirements approved by the department are
consistent with the general intent of the government's
accessibility policy and do not void the general accessibility of
the specific property.
- The department submits plans and reports on implementation of
accessibility improvements to Treasury Board in a timely manner
as required.
- Where the technical standard or implementation requirements
do not satisfy the needs of federal employees with special needs,
the department identifies and consults such employees and
appropriate action is taken to address deficiencies in a manner
that, where practicable, meets accessibility requirements.
- The number of complaints about inaccessibility of the real
property is minimal.
Accommodation and use of facilities
Government policy requires that departments
administering federal real property provide a safe, healthy and
productive environment in their facilities. They should do this
while using the minimum functional space required to meet users'
operational needs. Departmental quantity and quality standards
for accommodation and use of facilities must take into
consideration the operational requirements and program objectives
of users, and the practices and standards of other public- and
private-sector organizations of comparable size and mandate.
Key questions
- Does the department maintain a safe, healthy and productive
environment for the users of its facilities? (chapter 1-7)
- Has the department established quantity and quality standards
for normally recurring allocations and fit-up of real property,
and is it using them in the resourcing process? (chapter 1-7)
What to check
- The accommodation conforms with all relevant legislation,
policies and standards and no safety and health deficiencies are
outstanding in respect of the facility or the use which is made of it.
- The department has identified quantity and quality standards
and, where appropriate, deviations from them, as part of the
approval process for budgets or projects (e.g. Long-Term Capital
Plan, Multi-Year Operational Plan or project approvals).
- The quantity and quality standards allow for the use of
commercially available technology and energy management
strategies over the life cycle of any improvement.
- If the department is the tenant of another custodian
department, the standards were developed with and are in harmony
with those of the custodian department.
- The department has established a process to ensure open and
public accountability for the allocation and use of space, (e.g.
metres held, people housed), and maintains records about its
allocation and use of space in its facilities.
- The department has entered into written agreements with the
tenant or custodian department that describe their respective
responsibilities for meeting government policy objectives.
- The department, if a custodian, has established a process to
resolve disputes between users and the custodian.
Heritage considerations
It is government policy to protect the heritage
character of Crown-owned buildings. While the Minister of
Canadian Heritage is responsible for approving the heritage
designation of federal buildings, custodian departments remain
responsible for all decisions affecting the heritage conservation
of Crown-owned buildings under their administration.
Key question
- For a Crown-owned building 40 years old or older, has the
department obtained appropriate heritage advice before
undertaking any action that may affect the heritage character of
the building, including altering, dismantling or demolishing the
building? (chapter 1-9)
What to check
- Before altering, dismantling or demolishing a federal
building 40 years old or older, the department has asked the
Federal Heritage Buildings Review Office (FHBRO) to evaluatec it.
- For a building having a "classified" heritage designation,
the department protects the heritage character of the building
using FHBRO standards and guidelines. If it proposes to alter,
dismantle or demolish a "classified" building, the department
must consult FHBRO first.
- For a building having a "recognized" heritage designation,
the department obtains appropriate heritage advice before making
any alteration to the building. If it proposes to dismantle or
demolish a "recognized" building, the department must consult
FHBRO first.
Real property common services
Government policy requires that departments
obtain all services related to real property in accordance with
the Treasury Board's Common Services policy. Under this policy,
departments must obtain certain mandatory services from a
designated federal service organization. The number of mandatory
services has declined in recent years as the Common Services
policy has evolved.
The policy also lists optional common services
that departments may obtain either from the relevant federal
common service organization or from the private sector.
Departments may wish to use the common service organization as a
knowledgable intermediary in obtaining optional services from the
private sector. Decisions on obtaining optional common services
should be based on cost-effectiveness, efficiency, prudence,
probity and service to the public.
Key question
- Does the department obtain mandatory common services from a
designated service organization and optional services from either
the common service agency or the private sector? (Chapter 1-1)
What to check
- The department procures both mandatory and optional services
in accordance with the Treasury Board's Common Services policy.
- When acquiring optional services, the department:
- makes sound business decisions when deciding whether to
acquire the services from common service organizations or other
sources of supply, taking into account the department's full
corporate costs to administer the services;
- acquires the services while maintaining a high regard for
timeliness, efficiency, effectiveness, prudence, probity and
value for money; and
- considers the impact of the service on the public.
This section looks at ways to assess the
department's performance in the management of its real property
transactions. The policy areas covered primarily relate to the
requirements in Chapters 1-2, 1-4, 1-5, 1-8, 1-9 and 1-12 of the
"Real Property" volume. The section is divided into three topics:
general, acquisition and disposal.
General
This part looks at several elements common to the
efficient and effective management of both acquisitions and
disposals: solicitation of offers, adherence to government
policies, use of appraisals and estimates, and the obtaining of
legal advice.
Key questions
- Is the process of soliciting and selecting offers reasonable,
fair and open? (Chapter 1-5)
- Do departmental transactions comply with all policy
requirements contained in the "Real Property" volume of the
Treasury Board Manual? (Chapter 1-12)
- Are appraisals and estimates used appropriately in real
property transactions? (Chapter 1-5)
- Does the department obtain legal advice for real property
transactions at an appropriate stage? (Chapter 1-12)
What to check
Solicitation of offers
- A public solicitation of offers is made, unless inappropriate.
- The department documents the full details and circumstances
of each situation, including any decision to not solicit public
offers, prior to the transaction and retains this information in
the relevant files.
- The department begins the process of soliciting offers
promptly, leaving time to consider all viable options.
- If best value rather than price is to determine which offer
is selected, the factors and criteria that determine the best
value are identified prior to the solicitation of offers and
these criteria remain constant during the solicitation and
selection process.
- Requirements permit a reasonable number of suppliers to bid.
Operational requirements, such as location, must not arbitrarily
exclude minimum-cost options available to the custodian providing
the facilities the user requires to deliver its programs. The
department should minimize the number of special purpose or
unique requirements and specify materials that are readily
available at competitive prices. Facility specifications should
employ materials and features that may be acquired at the least cost.
- An appropriate method of solicitation of offers is used.
Adherence to other Treasury Board policies
The department has examined the policy requirements and obtained
Treasury Board approval for any exceptions to the policies.
Appraisals and estimates
The department has obtained an estimate or appraisal.
The department used the estimate or appraisal as an input when
determining market value.
The estimates or appraisals are current, taking into
consideration local market conditions and all relevant factors of
the property. The department has assessed the quality of the
appraisal.
Legal advice
Where appropriate, the department has consulted Justice regarding
the transaction before making binding commitments.
Acquisitions
The fundamental policy principle underlying any
acquisition of real property by the government is that the
property is needed to support the delivery of government
programs. Once this need has been determined, various other
government policies apply to the transaction to ensure that the
acquisition process is open, fair and efficient, and achieves its
objective with minimal risk and expense to the government.
Key questions
- Does the department's acquisition strategy and analysis
incorporate the following considerations
- linkage to support of program delivery? (Chapter 1-2)
- appropriateness of the acquisition strategy?
- investment criteria (life-cycle costs)? (Chapter 1-3)
- restrictions, encumbrances or encroachments on the property?
(Chapter 1-12)
- present or potential heritage designation? (Chapter 1-9)
- environmental condition of the property? (Chapter 1-8)
- accessibility? (Chapter 1-6)
- requirement for Treasury Board and departmental approvals?
(Chapter 1-12)
What to check
Program considerations
- The acquisition analysis has linked all acquired real
property to particular program requirements.
Appropriateness of the acquisition strategy
- The acquisition analysis rules out the possibility of using
existing departmental real property.
- The acquisition analysis examines the options of
constructing, leasing, purchasing or using federal property
currently administered by other departments or Crown corporations.
- The option selected is in the best interests of the
department and the Crown.
Investment criteria
- The department has specified acquisition requirements to
permit the minimum cost consistent with requirements.
- The department only pays the expenses of the vendor in
circumstances that warrant such payment. Payments to vendors
should be reasonable and in the public interest.
- The net present value per square metre of leased facilities,
which includes associated costs such as moving expenses, is the
best value available.
- New leases of presently leased facilities are negotiated
early enough to allow for the pursuit of other options.
- The department monitors the number and cost of lease overholds.
- The investment decision is supported by market surveys and analysis.
Restrictions or encumbrances
- The department has assessed any reservations, encumbrances,
or encroachments on the property to ensure they do not affect the
program use of the property.
Heritage considerations
- When considering purchasing a building that is 40 years old
or older, the department obtains the advice of the FHBRO
regarding potential heritage designations and the estimated costs
of maintaining such designations.
Environmental considerations
- The acquisition analysis includes sufficient information to
determine the environmental condition of the real property and
the department decides that the real property can be made
environmentally compatible with its intended use.
- The department assesses the environmental condition of the
property and documents any deficiencies.
- If necessary, the department modifies the property to render
it environmentally compatible with its intended use.
Accessibility
- Leases and occupancy agreements contain provisions that the
property is or will be rendered accessible.
Selection of offers
- The selection process documents the offers received and the
selected offer is the lowest-priced offer or represents the best value.
Treasury Board and departmental approvals
- The department is aware of its Treasury Board authority
levels for the acquisition of real property.
- Managers are aware of the department's internal authority
levels for the acquisition of real property.
- Acquisitions by the department in excess of the departmental
authority levels under Treasury Board policy have received
Treasury Board approval.
- Managers are aware of all other Treasury Board and
departmental policies relating to real property acquisitions.
- The department obtains Treasury Board approval for
acquisitions that do not comply with Treasury Board real property
policies.
- Acquisitions have received all necessary internal approvals.
Disposals
A department may dispose of federal property for
two reasons. The first reason is that the property is no longer
required for the purposes of one of the department's programs. In
this case, government policy requires that the property be sold.
The second reason is that the disposal itself assists in or
complements program delivery. This type of disposal is normally
done through a lease or licence. In both types of disposals,
various government policies apply to the transaction to ensure
that the disposal process is open, fair and efficient, and
achieves its objective with minimal risk and expense to the
government.
Key questions
- Do the department's disposal strategy and analysis
incorporate the following considerations:
- sensitivity of the property disposal to the government?
- appropriateness of the disposal strategy?
- market value? (Chapter 1-4)
- priority circulation of the property to governmental bodies?
(Chapter 1-4)
- heritage classification? (Chapter 1-9)
- environmental condition of the property? (Chapter 1-8)
- mineral rights? (Chapter 1-4)
- special requirements for leases? (Chapter 1-4)
- special requirements for licences? (Chapter 1-4)
- special requirements for easements? (Chapter 1-4)
- requirements for Treasury Board and departmental approvals?
(Chapter 1-12)
What to check
Property sensitivity
- The department has assessed the property to determine whether
any characteristics exist that may make its disposal unusual,
such as high public visibility, aboriginal claims, high value,
extreme environmental contamination, important heritage
significance or large size.
- If any such characteristics exist, the department has
consulted with Treasury Board and other relevant central agencies
and departments prior to developing a disposal strategy.
Appropriateness of the disposal
strategy
- The department has assessed the future needs of the program and:
-
- a sale is appropriate as the property is no longer or will
not soon be required for program purposes;
- a lease, licence or easement is appropriate as the property
will soon be or continues to be required for program purposes
- When choosing between a lease, licence or easement, the
department chooses the most appropriate instrument that is more
effective than the alternatives.
Market value
- The department disposes of the property at market value.
- The assumptions used in arriving at the market value are reasonable.
- Documentation shows that market value was appropriately
determined and was achieved.
Selection of offers
- The department accepts the highest offer or the offer
representing the best value.
- The department receives offers and considers appraisals and
estimates as appropriate.
Priority circulation
- Properties being disposed of by sale are circulated to
priority purchasers (other departments, Crown corporations,
provincial and municipal governments) before being offered to the public.
- Where appropriate to protect the interests of the Crown,
transfer documents for priority sales or transfers to other
levels of government address the potential for rezoning and
resale of the property for a profit by the purchaser, while
taking into account that the property is surplus to government
requirements.
Heritage classification
- Before finalizing the disposal strategy, the department has
asked FHBRO to evaluate all buildings on the property 40 years
old or older.
- For all buildings on the property having a "classified"
heritage designation, the department has consulted FHBRO before
finalizing the disposal strategy.
- For all buildings on the property having a "recognized"
heritage designation, the department has consulted FHBRO before
finalizing the disposal strategy.
Environmental considerations
- The department has assessed the environmental condition of
the property before disposal.
- Disposal strategies are based on information about the
environmental condition of the property.
- The department reviews the relevant environmental
legislation, approved practices and criteria.
- Where justified, remedial action is identified and carried
out either before disposal or as a condition of it.
- Evidence exists that the level of remediation undertaken is justified.
- If the department decides to dispose of a contaminated site
subject to the purchaser undertaking the remedial work, it
obtains a guarantee that the purchaser will clean up the
contaminated site within a reasonable length of time. The
disposal agreement provides for financial and performance
guarantees or other form of indemnification.
- Leases, licences and easements contain provisions to ensure
that the tenant adheres to relevant environmental legislation and
to protect the government from liability resulting from
contamination of the property by the tenant.
- Leases, licences and easements ensure that properties
contaminated by the tenant during the term of the agreement are
cleaned up to current federal standards.
Mineral rights
- Mineral rights retained by the government on the sale of a
property are transferred by the department to Natural Resources
Canada.
- All dispositions of mineral rights have been authorized by
Natural Resources Canada.
Special considerations for leases
- Lease terms are as short as is reasonable for program uses
and objectives.
- Lease terms are no longer than either the depreciation period
for proposed leasehold improvements or the amortization period
for loans normally granted by chartered banks for leasehold
improvements such as those proposed.
- The department reviews or adjusts rents at least every five
years unless it considers this action inappropriate.
- Leases deal explicitly with the issues of maintenance,
liability, and vesting of tenant improvements made during the
term of the lease. When appropriate, leases should require the
tenant to restore the property to its original condition at the
end of the lease term, at the option of the Crown.
Special considerations for licences
- The term of the licence is as short as is reasonable for the
use involved.
- All costs to the department related to the licence, including
the costs of granting, administering and terminating the licence,
are recovered from the revenues.
Special consideration for easements
- The department assesses the value of the property before and
after the granting of the easement, and assesses the impact of
the easement on the use of the residual and adjacent federal real
property.
- The total accumulated reduction in value is kept to a minimum
and is at least covered by the consideration received for the easement.
- The term of the easement is limited to the shorter of the
specified term or the period of actual use. The easement includes
provisions to terminate the easement on expiry of its stated use.
No easements extend beyond the actual use for the purposes stated
and no use continues beyond the stated term of the easement.
- The easement contains a provision for the return of the
property to its original condition at the expiration of the
easement, at the option of the Crown.
Treasury Board and departmental approvals
- The department is aware of its Treasury Board authority
levels for the disposal of real property.
- Managers are aware of the department's internal authority
levels for the disposal of real property.
- The department obtains Treasury Board approval for disposals
above the departmental authority levels under Treasury Board policy.
- Managers are aware of all other Treasury Board and
departmental policies relating to real property disposals.
- The department obtains Treasury Board approval for disposals
that do not comply with Treasury Board real property policies.
- Disposals have received all necessary internal approvals.
The following is a list of additional sources of
information about the federal real property system and policies
affecting federal real property management.
Treasury Board Manual
The Treasury Board Manual is the
compendium of policies and guidelines on management areas within
the Treasury Board's jurisdiction. It has five major components.
Each component consists mainly of policy volumes but may also
include supplementary volumes that are largely procedural. The
volumes of particular relevance to the real property manager
are:
Personnel Management component
Information and Administrative Management component
Access to Information
Communications
Contracting
Information Management
Materiel, Risk and Common Services
Capital Plans, Projects and Procurement
Real Property
Privacy and Data Protection
Security
Program Management and Comptrollership component
General Management component
The Manager's Deskbook
The Treasury Board Secretariat prepared the
Manager's Deskbook as a reference tool for senior
managers. It outlines key central agency policies and processes.
Understanding Federal Real Property Management
Understanding Federal Real Property
Management, a paper updated periodically by the Bureau of
Real Property and Materiel, Treasury Board Secretariat, contains
an overview of the federal real property system.
Federal Real Property Act and Federal
Real Property Regulations
The Federal Real Property Act and
Regulations are the general legislative bases for federal
government real property transactions. Unofficial consolidations
of the Act and Regulations are contained in Chapters 2-1 and 2-2,
respectively, of the "Real Property" volume, Treasury Board Manual.
Departmental real property policies
Many departments have internal policies relating
to real property management.