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. The
Department of 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 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 policies 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. Indian
and Northern Affairs 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. 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
board
8.12. 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.
8.13. 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.
8.14. 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.
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