Transaction Approval Limits and Conditions for the Acquisition or Disposition of Real Property
Under the Federal Real Property and Federal Immovables Regulations, a minister who has the authority for real property may transact in real property without seeking Treasury Board approval when the market value consideration paid or received does not exceed the limits and conditions set out below. Unless specifically mentioned or otherwise previously approved, the general limits apply. Departments seeking to undertake real property transactions under legislation that require Treasury Board and/or Governor-in-council approval must seek these approvals even when the value of the property is less than the limits below.
Custody transfers do not require Treasury Board approval for the real property transaction because they are effected at nominal value.
Value-added taxes (such as the Harmonized Sales Tax (HST) and the Goods and Services Tax (GST)) should be excluded for the purposes of the approval levels. All lease payments made to the landlord are included in the calculation of annual consideration and total consideration.
Organizations that have special limits and conditions for the acquisition and/or disposition of real property are as follows:
This repository is managed by the Treasury Board of Canada Secretariat to capture authority limits that have been requested by departments and agencies and approved by the Treasury Board. This repository is not an approval mechanism and is maintained for reference purposes only. In the case of an inconsistency between this repository and the limits and conditions approved by the Treasury Board, the Treasury Board submission proposals and approvals prevail.
General Limits for Acquisitions and Dispositions
These limits apply to all departments or agencies unless replaced by special limits or conditions as specified below.
General Limits: Acquisition
Purchase, Gift, Bequest, Transfer of Administration and Control
Exchange
Option to Purchase Land
Lease, Licence, Transfer of Administration and Control for a Specified Term See Table 1 – Note 1
Transfer of Administration
Annual Consideration
Total Consideration
Explanatory notes on acquisition conditions:
Table 1 – Note 1
The total consideration limit also applies to the acceptance by the Crown of a surrender or resiliation of a lease of federal real property or federal immovable, or acceptance of the relinquishment of a licence. Treasury Board approval is required when the additional gross nominal amount the Crown would have received, had the tenant stayed for the duration of the lease or licence, exceeds the limit. The market rent at the time of the acceptance or surrender, resiliation or relinquishment should be part of the justification for the consideration received.
The total consideration limit also applies to the acceptance by the Crown of a surrender or resiliation of a lease of federal real property or federal immovable, or acceptance of the relinquishment of a licence. Treasury Board approval is required when the additional gross nominal amount the Crown would have received, had the tenant stayed for the duration of the lease or licence, exceeds the limit. The market rent at the time of the acceptance or surrender, resiliation or relinquishment should be part of the justification for the consideration received.
Where the transfer is to the Minister of Crown-Indigenous Relations and Northern Affairs Canada for settlements under negotiation of treaties, self-government and other constructive arrangements.
These special limits for acquisitions and dispositions apply as specified below. For other situations, please consult the general limits for acquisition and disposition.
Crown-Indigenous Relations and Northern Affairs Canada
The total consideration limit also applies to the acceptance by the Crown of a surrender or resiliation of a lease of federal real property or federal immovable, or acceptance of the relinquishment of a licence. Treasury Board approval is required when the additional gross nominal amount the Crown would have received, had the tenant stayed for the duration of the lease or licence, exceeds the limit. The market rent at the time of acceptance or surrender, resiliation or relinquishment should be part of the justification for the consideration received.
For chanceries and for multiple-unit facilities, i.e., official residences, staff quarters, other real property (portion attributable to each unit does not exceed the transaction approval limit for the individual accommodation units).
The total consideration limit also applies to the surrender or resiliation by the Crown of a lease of real property or immovable, or the relinquishment of a licence. Treasury Board approval is required when the additional gross nominal amount the Crown would have paid, had the Crown stayed for the duration of the lease or licence, exceeds the limit. The market rent at the time of the surrender, resiliation or relinquishment should be part of the justification for the consideration received.
Acquisitions by pre-paid lease are limited to transactions involving territorial, municipal and Aboriginal organizations or not-for-profit organizations whose objectives are to advance Aboriginal priorities.
Purchase, Gift, Bequest, Transfer of Administration, and Transfer of Administration and Control
Exchange
Lease and Licence: Transfer of Administration and Control
Annual Consideration
Total Consideration
Table 15 Notes
Table 15 – Note 1
For acquisitions made to pursue security or criminal investigations that the minister determines require a special degree of confidentiality. These limits do not expire.