Bill S-44
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S-44
First Session, Thirty-seventh Parliament,
49-50-51 Elizabeth II, 2001-2002
SENATE OF CANADA
BILL S-44
An Act to amend the National Capital Act
first reading, June 6, 2002
The Honourable Senator Kinsella
2512
Summary
This enactment ensures that the public interest is promoted and protected in the management of property under the control of the National Capital Commission.
It requires the Commission to submit proposals for the disposition of land to each House prior to proceeding with the proposal. Dealings with property with a value of less than one hundred thousand dollars are exempted, as are leases for ten years or less and easements that will not affect the use or appearance of the property. Property received as a gift is covered by the requirement.
The Clerk of the House receiving a notice of a proposal is required to publish it in the records of the House.
Any member of either House may move a motion that the proposal be referred to a committee of that House. If a petition is received by the House concerning the proposal, signed by no less than one thousand qualified electors, any motion made by a member of the House to refer the proposal to a committee must be voted on.
The Commission may proceed with the proposal if no motion is moved in either House by the third sitting day following the last day a petition may be submitted, or if any motion moved is not adopted within thirty sitting days. If the matter is referred to a committee of either House, the Commission is bound by any report of the committee concurred in by the House within a further thirty sitting days.
The Commission may amend a proposal that is being considered by the committee. This enables the Commission to amend a proposal to secure a committee’s support.
Finally, the Governor in Council’s previous power to approve a department’s proposal for the development or sale of property, even if the Commission does not, is augmented by giving the Governor in Council the power to direct the Commission not to approve a proposal or to place conditions on the approval.
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1st Session, 37th Parliament,
49-50-51 Elizabeth II, 2001-2002
senate of canada
BILL S-44
An Act to amend the National Capital Act
RS 1985 c. N-4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The portion of subsection 10(1) of the National Capital Act before paragraph (a) is replaced by the following:
Objects and purposes of Commission
10. (1) The objects and purposes of the Commission are to promote and protect the public interest in matters related to the history, culture, public property and development of the National Capital Region and to preserve its function and dignity as the capital of Canada, and for those purposes to
2. Paragraph 10(2)(b) of the Act is replaced by the following:
(b) subject to section 10.1, sell, grant, convey, lease or otherwise dispose of or make available to any person any property, subject to such conditions and limitations as it considers necessary or desirable;
3. The Act is amended by adding the following after section 10:
Disposition of land
10.1. (1) Where the Commission proposes to
(a) sell, grant, convey or otherwise dispose of any property of the Commission,
(b) make available any property of the Commission to any person by lease or other arrangement, if the lease or arrangement
(i) endures for a period in excess of ten years,
(ii) permits a change in the use of the property, or
(iii) permits any significant addition to or change in the appearance of the exterior of any building or other structure on the property, or
(c) grant any easement or other interest in any property of the Commission, if it will permit a change in the use of the property or any significant addition to or change in the appearance of the exterior of any building or other structure on the property,
the Commission shall, prior to proceeding with the proposal, deliver a notice of the proposal to the Senate and to the House of Commons.
Notice printed in the records of the House
(2) On receiving a notice of a proposal under subsection (1), the Clerk of each House shall cause the notice to be published in the records of the House at the earliest opportunity.
Details in notice
(3) A notice of a proposal under subsection (1) shall provide details of
(a) the property that is the subject of the proposal;
(b) the nature of the proposed disposition, arrangement or encumbrance;
(c) the reasons for the proposal; and
(d) the appraised value of the property.
Exception
(4) Subsection (1) does not apply to a property that has an appraised value of less than one hundred thousand dollars.
Motion to refer to committee
(5) A member of either House may, no later than the third day on which the House sits after the expiry of thirty calendar days following the day a notice of a proposal is published by the House under subsection (2), move that the proposal be referred to a committee of the House.
Petition concerning proposal
(6) If, within thirty calendar days after the day a notice of a proposal is published by a House under subsection (2), a petition concerning the proposal is received by the House, signed by no less than one thousand persons who are qualified to vote at a general election for members of the House of Commons, any motion moved under subsection (5) must be voted on no later than the tenth day on which the House sits after the later of
(a) the day the petition is received, and
(b) the day the motion is moved.
Disposition of motion
(7) A motion moved under subsection (5) may not be disposed of, other than by adopting it, until the third day on which the House sits following the day on which a petition mentioned in subsection (6) is received by the House, or, if no petition is received by the day that is thirty calendar days after a notice of a proposal is published under subsection (2), until the day on which the House next sits following that day.
Petition deemed referred to committee
(8) Where a motion moved under subsection (5) is adopted and a proposal referred to a committee, every petition concerning the proposal received by the House under subsection (6) is deemed also to be referred to the committee.
Right to proceed if no motion made or adopted
(9) The Commission may proceed with the proposal
(a) if no motion is moved in either House under subsection (5) by the last day a motion may be moved under that subsection; or
(b) if one or more motions have been moved under subsection (5), but none has been adopted by the end of the thirtieth day on which the House sits following the day on which it was moved.
Commission bound by report as concurred in
(10) Where one or both Houses adopt a motion moved under subsection (5) and, by the end of the thirtieth day on which the House sits following the day on which the motion was adopted,
(a) no report from a committee on the proposal has been concurred in by either House, the Commission may proceed with the proposal;
(b) a report from a committee has been concurred in, or amended and concurred in, by either House stating that the proposal may proceed or may proceed only on the conditions stated in it, the Commission may, subject to paragraph (c), proceed with the proposal only in accordance with any conditions in the report as concurred in;
(c) a report from a committee has been concurred in, or amended and concurred in, by either House stating that the proposal should not proceed, the Commission may not proceed with the proposal.
Conditions required by both Houses
(11) Where each House has concurred in, or amended and concurred in, a report respecting a proposal and each report states that the proposal may proceed only on conditions stated in the report, the Commission may only proceed in a manner that meets the conditions in each report.
Amending proposal
(12) Where a proposal has been referred to a committee, the Commission may, with the approval of a committee, amend the proposal.
Other rights unaffected
(13) Nothing in this section affects the right of a member of the Senate or the House of Commons to move that a matter be referred to a committee.
4. Section 12.2 of the Act is amended by adding the following after subsection (1):
Notice of intent to approve
(1.1) Where the Commission intends to give its approval to a proposal made under section 12 or 12.1, the Commission shall, before so doing, submit a notice of its intent to the Governor in Council and the Governor in Council shall, within thirty days of receiving the notice,
(a) advise the Commission that it has no comment to make on the intended approval;
(b) order the Commission not to give its intended approval to the proposal; or
(c) authorize the Commission to give its intended approval only on the conditions specified by the Governor in Council.
5. Section 23 of the Act is replaced by the following:
Gifts
23. The Commission may, if it sees fit, accept any property by way of gift, bequest or devise and may, subject to section 10.1, paragraph 10(2)(b) and subsection 15(1) but notwithstanding any other provision of this Act, expend, administer or dispose of any such property for the purposes of this Act, subject to the terms, if any, on which such property was given, bequeathed or devised to the Commission.
Published under authority of the Senate of Canada
Explanatory Notes
National Capital Act
Clause 1: The relevant portion of subsection 10(1) reads as follows:
10. (1) The objects and purposes of the Commission are to
Clause 2: Paragraph 10(2)(b) reads as follows:
(b) sell, grant, convey, lease or otherwise dispose of or make available to any person any property, subject to such conditions and limitations as it considers necessary or desirable;
Clause 3: New.
Clause 4: New
Clause 5: Section 23 reads as follows:
23. The Commission may, if it sees fit, accept any property by way of gift, bequest or devise and may, subject to paragraph 10(2)(b) and subsection 15(1) but notwithstanding any other provision of this Act, expend, administer or dispose of any such property for the purposes of this Act, subject to the terms, if any, on which such property was given, bequeathed or devised to the Commission.