Bill S-210
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
1st Session, 39th Parliament,
55 Elizabeth II, 2006
senate of canada
BILL S-210
An Act to amend the National Capital Act (establishment and protection of Gatineau Park)
Preamble
WHEREAS Gatineau Park is a unique and irreplaceable part of Canada’s natural and cultural heritage;
WHEREAS it is important to preserve and protect Gatineau Park, so that the beauty and splendour of its forests, mountains, lakes and streams can be enjoyed now and for generations to come;
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 regulated by federal statute;
WHEREAS Gatineau Park is the only major federal park that can have portions of its territory removed without review or approval by Parliament;
WHEREAS Gatineau Park should belong to all the people of Canada and be developed in a manner in which they can take pride;
WHEREAS one of the objects and purposes of the National Capital Commission should be to acquire properties situated in Gatineau Park;
AND WHEREAS the National Capital Commission has advocated the need to provide legal protection for 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. (1) The definition “National Capital Region” in section 2 of the National Capital Act is replaced by the following:
“National Capital Region”
« région de la capitale nationale »
« 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 »
« parc de la Gatineau »
“Gatineau Park” means the park established by section 10.1;
2. The Act is amended by adding the following after section 2:
HER MAJESTY
Binding on Her Majesty
2.1 This Act is binding on Her Majesty in right of Canada or a province.
3. Subsection 10(1) of the Act is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) acquire real property situated in Gatineau Park that is not owned by the Commission.
4. The Act is amended by adding the following after section 10:
ESTABLISHMENT OF GATINEAU PARK
Park established
10.1 There is hereby established a park named Gatineau Park, the boundaries of which are set out in Schedule 2.
Establishment of park boundaries
10.2 (1) The Governor in Council shall, by order, within 60 days after the day on which this Act receives royal assent, set out in Schedule 2 the boundaries of the park commonly known as Gatineau Park as those boundaries exist on the day on which a bill entitled An Act to amend the National Capital Act (establishment and protection of Gatineau Park) is introduced in the 1st Session of the 39th Parliament.
Tabling of order to establish park boundaries
(2) The order made under subsection (1) shall be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the order is made.
Change of park boundaries
10.3 (1) Subject to this section, 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 Minister and the Government of Quebec have consulted with the public.
Tabling and referral of proposed order to enlarge park boundaries
(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
10.4 No amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of Gatineau Park.
5. The Act is amended by adding the following after section 13:
Public
participation
13.1 The Minister shall, in cooperation with the Government of Quebec, provide opportunities for public participation at the national, regional and local levels in the development of policies and management plans for Gatineau Park and any other matters that the Minister considers relevant.
SALE OR DISPOSAL OF LAND IN GATINEAU PARK
Sale or disposal of real property
13.2 (1) No person shall sell or otherwise dispose of real property 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 the property 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 60 days after receiving it.
Null and void
(2) Any purported sale or disposition of real property in contravention of subsection (1) is null and void.
Exception
(3) This section does not apply to the sale or disposition of real property pursuant to a contract in writing entered into before the coming into force of this Act.
Prohibition
13.3 Despite any other provision of this Act, no public lands situated in Gatineau Park shall be sold or otherwise disposed of.
6. 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
(c) generally, for carrying out the purposes and provisions of this Act.
7. 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 with respect to Gatineau Park, including the acquisition of real property situated in the park, and the Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
8. The schedule to the Act is renumbered as Schedule 1.
9. The Act is amended by adding, after Schedule 1, the schedule set out in the schedule to this Act.
COMING INTO FORCE
Coming into force
10. (1) Subject to subsection (2), the provisions of this Act and the provisions of any Act as enacted by this Act, come into force 30 days after the day on which an order is made under section 10.2 of the National Capital Act, as enacted by section 4 of this Act.
Exception
(2) Section 10.2 of the National Capital Act, as enacted by section 4 of this Act, comes into force on the day on which this Act receives royal assent.
Explanatory Notes
National Capital Act
Clause 1 (1): Existing text of the definition:
“National Capital Region” means the seat of the Government of Canada and its surrounding area, more particularly described in the schedule;
(2): New
Clause 2: New
Clause 3: New
Clause 4: New
Clause 5: New
Clause 6: Existing text of subsection 20(1):
(1) The Governor in Council may make regulations for the protection of any property of the Commission and for preserving order or preventing accidents on any property of the Commission.
Clause 7: New