What is the effect of an Order-in-council for the transfer of administration and control of land?
Newfoundland and Labrador, Canada
The following excerpt is from Town of Gander v. Gander International, 2011 NLCA 65 (CanLII):
Transfer of administration and control is the process whereby authority over land is transferred between the federal and provincial governments (The Attorney General of Canada v. Higbie et al., 1945 CanLII 237 (SCC), [1945] S.C.R. 385, at page 404). It is unclear which lands are encompassed by this and subsequent orders-in-council. However, for purposes of this appeal, it is unnecessary to ascertain that information. While the trial judge considered the resumption of control by the Crown in right of the Province under paragraph (iii) as a relevant factor, it does not play a part in the following analysis.
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