Bill C-367

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First Reading

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2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-367

An Act to amend the National Capital Act (Gatineau Park)

Preamble

Whereas the primary objective of Gatineau Park should be to retain the atmosphere of the Canadian woods and preserve for all time the natural beauty of its lakes, streams and mountains as a source of inspiration to all those who can enjoy it;

Whereas Gatineau Park is the only major federal park that is not protected under the Canada National Parks Act and whose boundaries are not established or managed by federal statute;

Whereas Gatineau Park is the only major federal park that can have portions of its territory removed with neither the review nor the approval of Parliament;

Whereas Gatineau Park should be the possession of all the people of Canada and developed in a manner in which they can take pride;

Whereas one of the objects and purposes of the National Capital Commission is to acquire private or provincial immovables situated in Gatineau Park;

And whereas the National Capital Commission has advocated the need to provide statutory protection to the boundaries of Gatineau Park in its 1990 and 2005 Gatineau Park Master Plans;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. N-4

NATIONAL CAPITAL ACT

1. The long title of the National Capital Act is replaced by the following:

An Act respecting the development and improvement of the National Capital Region and Gatineau Park

2. Section 1 of the Act is replaced by the following:

Short title

1. This Act may be cited as the National Capital and Gatineau Park Act.

3. (1) The definition “National Capital Region” in section 2 of the Act is replaced by the following:

“National Capital Region”
« région de la capitale nationale »

“National Capital Region” means the seat of the Government of Canada and its surrounding area, more particularly described in Schedule 1;

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

“Gatineau Park”
« parc de la Gatineau »

“Gatineau Park” means the park established by subsection 10.1(1);

“Quebec minister”
« ministre du Québec »

“Quebec minister” means the minister of the Government of Quebec designated by that Government for the purposes of this Act;

4. (1) Subsection 10(1) of the Act is replaced by the following:

Objects and purposes of Commission

10. (1) The objects and purposes of the Commission are to

(a) prepare plans for and assist in the development, conservation and improvement of the National Capital Region and of Gatineau Park in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance;

(b) organize, sponsor or promote such public activities and events in the National Capital Region and in Gatineau Park as will enrich the cultural and social fabric of Canada, taking into account the federal character of Canada, the equality of status of the official languages of Canada and the heritage of the people of Canada; and

(2) Paragraphs 10(2)(h) and (h.1) of the Act are replaced by the following:

(h) conduct investigations and researches in connection with the planning of the National Capital Region and of Gatineau Park;

(h.1) subject to any other Act of Parliament, coordinate the policies and programs of the Government of Canada respecting the organization, sponsorship or promotion by departments of public activities and events related to the National Capital Region and Gatineau Park; and

5. The Act is amended by adding the following after section 10:

ESTABLISHMENT OF GATINEAU PARK

Park established

10.1 (1) There is hereby established a park named Gatineau Park, the boundaries of which are set out in Schedule 2.

Park dedicated to public

(2) Gatineau Park is hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and it shall be maintained and made use of so as to leave it unimpaired for the enjoyment of future generations.

Ecological integrity

(3) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Commission when considering all aspects of the management of Gatineau Park.

Change of park boundaries

10.2 (1) Subject to this section and section 10.3, the Governor in Council may, by order, for the purpose of enlarging Gatineau Park, amend Schedule 2 to change the boundaries of the park if

(a) agreement has been reached between the Governments of Canada and Quebec; and

(b) the Commission has consulted with the public.

Tabling and referral of proposed order

(2) Before an order is made under subsection (1), the proposed order shall be tabled in each House of Parliament and may be referred to an appropriate committee of that House.

Disapproval by committee

(3) A committee to which a proposed order is referred may, within 30 sitting days after the proposed order is tabled, report to the House that it disapproves the proposed order, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.

Making of order

(4) The proposed order may be made if no report disapproving the proposed order is presented in accordance with subsection (3) or if, in respect of each such report that is so presented, the motion to concur in the report is negatived.

No amendment to remove portions of park

10.3 No amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of Gatineau Park.

6. Section 11 of the Act is replaced by the following:

Coordination of development

11. The Commission shall, in accordance with general plans prepared under this Act, coordinate the development of public lands in the National Capital Region and in Gatineau Park.

7. Paragraphs 12(1)(a) to (c) of the Act are replaced by the following:

(a) any department proposes to erect, alter, extend or demolish a building or other work on any lands in the National Capital Region or in Gatineau Park,

(b) any person proposes to erect, alter, extend or demolish a building or other work on public lands in the National Capital Region or in Gatineau Park, or

(c) any department or person proposes to change the use of public lands in the National Capital Region or in Gatineau Park,

8. Section 12.1 of the Act is amended by adding the following after subsection (2):

Sale of public lands in Gatineau Park

(3) No public lands owned by the Government of Canada in Gatineau Park shall be sold.

9. The Act is amended by adding the following after section 13:

Public participation

13.1 The Minister shall, in cooperation with the Quebec minister, provide opportunities for public participation at the national, regional and local levels in the development of the policy and management plans for Gatineau Park and any other matters that the Minister considers relevant.

TRANSFER OR DISPOSAL

Transfer or disposal

13.2 On pain of nullity, no person shall transfer or dispose of immovables situated in Gatineau Park unless the person has given the right of first refusal to the Commission by submitting to the Commission an unconditional offer for sale of those immovables at fair market value, and

(a) the person has received written confirmation from the Commission that it declines the offer; or

(b) the Commission has not accepted the offer within sixty days after receiving it.

10. Subsection 20(1) of the Act is replaced by the following:

Regulations

20. (1) The Governor in Council may make regulations

(a) for the protection of any property of the Commission;

(b) for preserving order or preventing accidents on any property of the Commission; and

11. The Act is amended by adding the following after section 22:

REPORT TO PARLIAMENT

Report to Parliament

22.1 The Commission shall, within 90 days after the end of each fiscal year, submit an annual report to the Minister on the Commission’s activities and findings with respect to the Gatineau Park, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

12. The schedule to the Act is renumbered as Schedule 1.

13. The Act is amended by adding, after Schedule 1, the schedule set out in the schedule to this Act.

REFERENCES

General replacement

14. Unless the context requires otherwise, the expression “National Capital Act” is replaced by the expression “National Capital and Gatineau Park Act” in

(a) any regulation, as defined in section 2 of the Statutory Instruments Act; and

(b) any other instrument made

(i) in the execution of a power conferred under an Act of Parliament, or

(ii) by order or under the authority of the Governor in Council.