6.1 Deputy heads are responsible for ensuring that:
6.1.1 An appropriate real property
management framework is in place and maintained that supports timely, informed
real property management decisions and the strategic outcome of programs. The
framework must include clear accountability and decision-making structures,
including authorities and responsibilities that are consistent with
organizational needs and capacity; policies, practices and processes that comply
with federal legislation, regulations and government policies; and systems that
provide relevant program, financial, and real property performance information.
6.1.2 When there is a custodian –
tenant relationship, a formal agreement is entered into that ensures ongoing
co-operation, timely communication and a mutual understanding of respective
accountabilities, operational requirements, policy responsibilities and
financial commitments to achieve optimum real property outcomes.
6.1.3 The overall performance of
the real property is regularly and systematically assessed for functionality,
utilization, and physical and financial performance. Key performance
indicators and targets must be developed based on appropriate benchmarks.
6.1.4 Acquisition, operation,
maintenance and disposal strategies are developed based on the findings of the
performance assessment and on an economic and program analysis that considers
the full life-cycle costs and benefits of the real property options to meeting
ongoing program requirements. These strategies must inform the development of
the departmental long-term capital plan.
6.1.5 Opportunities to earn
revenues through the wider use of under-utilized real property, which is still
required for program purposes, are assessed and taken advantage of. Such
opportunities must not cause a negative impact on their programs or tenant
programs, applicable policy obligations must be met and the use by others must
be compatible with local land use controls.
6.1.6 Real property decisions are
financially prudent and represent the best value to the Crown based on
pre-determined financial and program criteria. Transactions and agreements must
be duly authorized; abide by the limits and conditions imposed in Appendix B and
respect the market value principle. The consideration received or paid by the
government must be justified in relation to the market value determined
according to the Treasury Board Appraisal and Estimates Standard for Real
Property.
Note: Market value does not apply to custody transfers as
defined in this policy as they are effected at nominal value.
6.1.7 The public is provided with a
fair and equitable opportunity to transact with the government. Offers must be
solicited unless the minister is satisfied that the nature or subject matter of
the transaction would make it inappropriate or not in the public interest to
have a solicitation of offers.
6.1.8 Further to the requirements
of the Canadian Human Rights Act, the Treasury Board Accessibility
Standard for Real Property is considered the minimum requirement for
barrier-free access to and use of real property. The standard will be applied
unless it creates undue hardship in health, safety or cost.
6.1.9 The heritage character of
federal buildings is respected and conserved throughout their life cycle.
Buildings that are 40 years of age or older, whether Crown-owned buildings under
the administration of their minister or buildings they are planning to purchase,
must be evaluated by Parks Canada for their heritage character
6.1.10 Where their minister has administration of heritage
buildings: conservation advice is sought for recognized heritage buildings;
consultations with Parks Canada are undertaken before demolishing, dismantling
or selling a recognized heritage building and before taking any action that
could affect the heritage character of a classified building; and best efforts
are made to arrange for appropriate alternative uses of under-utilized or excess
classified and recognized heritage buildings, first within the federal
government and then outside the federal government
6.1.11 Real property is managed in an environmentally
responsible manner consistent with the principles of sustainable development.
The environmental condition of real property must be ascertained to determine
whether it is or can be made environmentally compatible with its current and
intended use. All available, relevant environmental information must be
disclosed to anyone interested in occupying the real property.
6.1.12 Known and suspected contaminated sites are assessed
and classified and risk management principles are applied to determine the most
appropriate and cost-effective course of action for each site. Priority must be
given to sites posing the highest human health and ecological risks. Management
activities (including remediation) must be undertaken to the extent required for
current or intended federal use. These activities must be guided by standards
endorsed by the Canadian Council of Ministers of the Environment (CCME) or
similar standards or requirements that may be applicable abroad. The costs of
managing contamination caused by others must be recovered, when this is
economically feasible.
6.1.13 The contamination of real property or negative
impacts on the environment through the use or permitted third-party use of real
property is avoided. In the event of contamination, immediate and reasonable
action must be taken to protect the health and safety of persons and the
environment, prior to assessing a future course of action.
6.1.14 Real property surplus to program requirements is not
retained. The type of right or interest in the property will dictate the most
appropriate means of cessation of occupancy or disposal. A disposal by sale or
transfer must be completed in conformance with the Treasury Board Directive
on the Sale or Transfer of Surplus Real Property.
6.1.15 The management of real property information enables:
the integration of real property and financial information; linkages to program
objectives and to the Management, Resources and Results Structure of the
department; and the recording and updating of information in the Directory of
Real Federal Property (DFRP) and the Federal Contaminated Sites Inventory
(FCSI). The recording and updating of information must be done in conformance
with the Treasury Board Reporting Standard for Real
Property.
Note: Heads of Crown corporations are responsible for ensuring
that the recording and updating of information is done within their organization
as directed by the Treasury Board Reporting Standard for Real
Property.
6.1.16 The prior approval of Treasury Board ministers is
sought for management decisions, transactions and other agreements that do not
comply with real property policy requirements or that exceed the transaction
approval limits and conditions outlined in Appendix
B.
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:
6.2.1 a control and oversight
regime is in place to monitor adherence to this policy and its associated
directive and standards;
6.2.2 performance relative to the
obligations under the real property policy instruments is measured and
documented;
6.2.3 the management framework for
real property is reviewed as an ongoing component of departmental risk-based
audit planning; and
6.2.4 departmental records, plans,
policy instruments or any other required information are provided to the
Treasury Board Secretariat, upon request, in support of the Secretariat's
monitoring responsibilities.
6.3
The Secretary of the Treasury Board is responsible for:
6.3.1 assessing departmental
performance in the management of real property through such activities as
ongoing dialogue and committee work with departments, review of departmental
strategic investment plans and related submissions as well as other departmental
records, plans, policy instruments, etc., and by taking note of relevant audits
and reviews conducted by departments or the Auditor General of Canada; and
6.3.2 reviewing the effectiveness
of the policy and its associated directive and standards at the five-year mark of
their implementation and for ensuring that an evaluation is conducted when
supported by a risk-based analysis.
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