ARCHIVED - Directive on Real Property transactions excluded from Integrity Regime application

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1. Effective date

The Directive takes effect on January 20, 2016.

2. Application

This directive applies to all government departments and agencies that have a signed Memorandum of Understanding (MoU) to implement the Ineligibility and Suspension Policy and the Integrity Provisions.

3. Context

To ensure operational requirements continue to be met, it is necessary to exclude certain classes of transactions from the application of the Integrity Regime and to exclude different classes of transactions from the application of the Ineligibility and Suspension Policy.

4. Directive statement

4.1 Objective

To exclude all parking agreements for office parking spaces (with Federal employees); licences of occupation for access to Federal real property on third party lands; and licences of occupancy or land use permits for access on third party lands from the application of the Ineligibility and Suspension Policy and the Integrity Provisions.

Procurement and real property authorities are no longer required to perform an integrity verification for any of the above listed real property transactions.

4.2 Expected results

This approach, taking into consideration geography and the 'immovable' nature of real property, will ensure that land required specifically for its physical location and an organization's operational needs remains accessible.

5. Definitions

5.1 Licence

Any right to use or occupy real property or an immovable, other than (a) a real right within the meaning of the civil law of the Province of Quebec and the rights of a lessee under a lease of an immovable, and (b) an interest in land.

6. Requirements

The Ineligibility and Suspension Policy and Integrity provisions are not required to apply to parking agreements for office parking spaces (with Federal employees), licences of occupation for access to Federal real property on third party lands; and licences of occupancy or land use permits for access on third party lands.

Real property authorities continue to be required to include integrity provisions in initial real property agreements as such agreements are largely transferrable unless explicitly stated.

7. Inquiries

If you have questions related to this Directive, please contact the Integrity Regime Team:

Toll free:
1-844-705-2084
Email:
PWGSC.O.integrity-TPSGC.O.integrite@pwgsc-tpsgc.gc.ca
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