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Surplus Crown Property Disposal Regulations

made under Section 6 of the

Surplus Crown Property Disposal Act

R.S.N.S. 1989, c. 452

O.I.C. 78-87 (January 31, 1978), N.S. Reg. 9/78

as amended by O.I.C. 78-1361 (November 21, 1978), N.S. Reg. 200/78

 

1     Each department shall on the first day of May in each year and may, at any other time, furnish to the Minister a report showing particulars of equipment, machinery, furniture, materials, tools, instruments, vehicles, and other property, of every nature and sort, except real property, in its custody and control for which it has no present foreseeable future need, and in respect of which there is no statutory provision for disposal.

 

2     A department in a report furnished pursuant to Regulation [Section] 1 shall indicate in respect of each item of property enumerated in the report

 

                (a)    its location, indicating whether or not the item is stored within a building or otherwise covered, and its approximate date of purchase, type, make and condition;

 

                (b)    whether in the opinion of the department the item

 

                         (i)     is saleable, or

                         (ii)    has junk value, or

(iii)has no value, or

(iv)may be traded in on or exchanged for other property.

 

3     When the Minister has referred a report to the Surplus Crown Property Committee, the Committee shall make a report to the Minister containing

 

                (a)    its recommendations respecting the manner of disposal of the several items of property enumerated in the report;

 

                (b)    the value in the opinion of the Committee of each such item of property; and

 

                (c)    the Committee's advice to the Minister on any matter that he has referred to the Committee for advice.

 

4     (1)    When, in the opinion of the Surplus Crown Property Disposal Committee, surplus crown property has a value of less then $500.00, the Minister may sell the property to such persons and on such terms and conditions as he considers advisable.

 

       (2)    When surplus crown property, in the opinion of the Surplus Crown Property Disposal Committee, has a value of $500.00 or more, the Minister may sell the property by tender or public auction.

 

       (3)    When, in the opinion of the Surplus Crown Property Disposal Committee, surplus crown property has a value of $500.00 or more, but does not exceed a value of $1000.00, sale by the Minister will be deemed to be sale by tender if he sells the property to the highest bidder after obtaining bids from a number of persons who normally deal in the type of property sold.

 

5     Unless the Governor in Council otherwise orders with respect to any surplus crown property, the Minister of Transportation and Infrastructure Renewal has a general authorization to

 

                (a)    transfer surplus crown property from one department to another department;

 

                (b)    repair, renovate, restore, remodel, or otherwise treat surplus crown property;

 

                (c)    lease or rent surplus crown property to such persons and on such terms and such conditions as he deems advisable;

 

                (d)    in accordance with the regulations under the Surplus Crown Property Disposal Act, sell surplus crown property;

 

                (e)    destroy, dispose of in any way he sees fit, or give to any person any property which in the opinion of the Committee is not usable by any department or is not saleable;

 

                (f)    enter into and carry out such agreements and undertakings, and execute and deliver such assignments, bills of sale, chattel mortgages, and other instruments and documents as are necessary in connection with the disposal of or dealing with surplus crown property;

 

                (g)    trade in or exchange surplus crown property for other property and to that end empower the Director of Purchases to trade in or exchange the said surplus crown property.

[Note: the reference to the Minister of Public Works has been updated in accordance with Order in Council 2007-553 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 23, 2007.

 

6     The proceeds of any sale, rental or other disposal of surplus crown property, other than by transfer from one department to another department, shall be paid or credited to the General Revenue Fund of the Province.

Section 6 amended: O.I.C. 78-1361, N.S. Reg. 200/78.

[Note: the reference to the Consolidated Fund has been updated in accordance with Section 84 of the Finance Act, S.N.S. 2010, c. 2, effective August 1, 2010.]