Bill C-37

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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-37

An Act to amend the National Capital Act and other Acts

Preamble

Whereas Parliament recognizes that it is important to ensure that the natural environment of the National Capital Region is preserved for the enjoyment of all Canadians;

Whereas Parliament recognizes that it is in the national interest that the National Capital Region exhibit a nature and character that are in keeping with its significance as the seat of the Government of Canada;

And whereas Parliament recognizes that the National Capital Commission, because of its objects and purposes and its role in the National Capital Region, is an important national institution;

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

SHORT TITLE

Short title

1. This Act may be cited as An Action Plan for the National Capital Commission.

R.S., c. N-4

NATIONAL CAPITAL ACT

2. (1) The definitions “National Capital Region”, “property” and “public lands” in section 2 of the National Capital Act are 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;

“property”
« bien » ou « propriété »

“property” means

(a) in Quebec, movables or immovables, and any rights in them, and

(b) in Ontario, personal or real property or any interest in it;

“public lands”
« terrains publics »

“public lands” means

(a) in Quebec, immovables, or any rights in them or leases, under the control and management of a department, and

(b) in Ontario, real property, or any interest in it, under the control and management of a department;

(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 area whose boundaries are described in Schedule 2;

“National Interest Land Mass”
« masse de terrains d’intérêt nationale »

“National Interest Land Mass” means the collection of real property and immovables, or portions of them, designated by the Commission under section 10.2;

2006, c. 9, s. 285(1)

3. (1) Subsections 3(1) to (3) of the Act are replaced by the following:

Corporation continued

3. (1) The corporation called the National Capital Commission is continued, consisting of 14 members including a Chairperson.

Appointment of members

(2) Each member, other than the Chairperson, shall be appointed by the Minister, with the Governor in Council’s approval, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.

Appointment of Chairperson

(3) The Chairperson shall be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate.

Designation of Vice-chairperson

(3.1) The Governor in Council may designate one of the members of the Commission, other than the Chairperson, to be the Commission’s Vice-chairperson.

2006, c. 9, s. 285(2)

(2) The portion of subsection 3(4) of the Act before paragraph (a) is replaced by the following:

Members

(4) The members, other than the Chairperson, shall be appointed as follows:

2006, c. 9, s. 285(3)

(3) Subsection 3(6) of the Act is replaced by the following:

Reappointment

(6) A person who has served two consecutive terms as a member is not eligible, during the 12 months after the completion of their second term, to be reappointed to the Commission in the same capacity in which they served.

R.S., c. 45 (4th Supp.), s. 2

4. Subsection 5(2) of the Act is replaced by the following:

Meetings

(2) The Commission shall hold at least four meetings a year in the National Capital Region that are open to the public. The Commission may hold portions of those meetings in camera if it considers it necessary to do so.

2006, c. 9, s. 286

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

Absence or incapacity

6. If the Chairperson is absent or incapacitated or if there is a vacancy in that office, the Commission’s Vice-chairperson shall act as Chairperson. If the Vice-chairperson is absent or incapacitated or if there is a vacancy in that office, the Commission shall authorize another member to act as Chairperson, but the authorization is not valid for more than 60 days without the approval of the Governor in Council.

2006, c. 9, s. 287

6. Subsections 7(1) and (2) of the Act are replaced by the following:

Remuneration of members

(2) The Governor in Council may authorize the payment of allowances or other remuneration to the Chairperson and to any other member.

7. Subsection 8(1) of the Act is replaced by the following:

Chief Executive Officer

8. (1) A Chief Executive Officer shall be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate.

Chief Executive Officer’s salary

(1.1) The Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council.

2006, c. 9, s. 288

8. Section 9 of the Act is replaced by the following:

Committees

9. (1) The Commission may establish, from among its members, any committee that it considers necessary or desirable for the administration of this Act.

Powers

(2) Each committee shall exercise any of the powers and perform any of the functions of the Commission that are delegated to it by the Commission and shall submit at each of the Commission’s meetings the minutes of that committee’s proceedings since the last preceding meeting of the Commission.

R.S., c. 45 (4th Supp.), s. 3(1)

9. (1) Paragraph 10(1)(a) of the Act is replaced by the following:

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

(2) Section 10 of the Act is amended by adding the following after subsection (1):

Furnishings, maintenance, etc.

(1.1) The Commission shall furnish, maintain, heat and keep in repair the buildings on the lands described in Schedules 3 and 4 and shall maintain and, from time to time as required, improve those lands.

(3) Paragraph 10(2)(b) of the Act is replaced by the following:

(b) sell, grant or concede, transfer or otherwise dispose of, or lease or make available to any person any property, including by the grant of an easement or real servitude, subject to any conditions and limitations that it considers necessary or desirable;

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

MASTER PLAN

Master plan

10.1 (1) At least once every 10 years after the day on which this subsection comes into force, the Commission shall submit to the Governor in Council for approval a master plan for the National Capital Region for the next 50 years, including principles and objectives.

Tabling in Parliament

(2) The Minister shall cause a copy of a master plan approved under subsection (1) to be laid before each House of Parliament within 30 sitting days after its approval.

NATIONAL INTEREST LAND MASS

Designation

10.2 If criteria and process are prescribed under paragraph 10.3(a), the Commission may designate all or a portion of any real property or immovables as part of the National Interest Land Mass or revoke such a designation, as the case may be.

Regulations

10.3 With the Governor in Council’s approval, the Commission may make regulations

(a) setting out the criteria and the process respecting the designation of all or a portion of any real property or immovable as part of the National Interest Land Mass and the revocation of such a designation; and

(b) prescribing in relation to public lands that are designated as part of the National Interest Land Mass or classes of those lands — in addition to any requirements under the Federal Real Property and Federal Immovables Act — the process by which those lands or classes of them may be acquired by the Commission or by which the administration of them may be transferred to the Commission, and any terms and conditions of such an acquisition or transfer.

ENVIRONMENTAL STEWARDSHIP

Property of the Commission

10.4 (1) The Commission shall manage any property of the Commission that is real property or an immovable in accordance with the principles of responsible environmental stewardship.

Gatineau Park

(2) The Commission shall give due regard to the maintenance of the ecological integrity, through the protection of natural resources and processes, of any property of the Commission that is an immovable located in Gatineau Park.

R.S., c. 45 (4th Supp.), s. 5

11. Paragraph 12(1)(a) of the Act is 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, including as part of any project

(i) that is to be carried out within the National Interest Land Mass,

(ii) that involves any building designated as a heritage building, or

(iii) that relates to a transaction to which Her Majesty or the department is a party if the transaction provides for or contemplates the right of Her Majesty or the department to occupy for a term of more than 25 years, including under a lease, an iconic structure or building, or a structure or building that is not intended for general office space, and if, under that transaction, that structure or building becomes, or may become, public lands — other than under a lease;

12. Paragraph 13(2)(a) of the English version of the Act is replaced by the following:

(a) sell, transfer or lease any railway and related facilities, or any portion of them, constructed under subsection (1) to any railway company; or

R.S., c. 45 (4th Supp.), s. 6

13. Sections 14 and 15 of the Act are replaced by the following:

Expropriation

14. (1) If in the Commission’s opinion the acquisition of any land or interest in it or, in Quebec, any immovable or right in it or the rights of a lessee is required for the purposes of this Act by the Commission without the owner’s or holder’s consent, the Commission shall so advise the appropriate Minister in relation to Part I of the Expropriation Act.

Expropriation

(2) For the purposes of the Expropriation Act, any land or interest in it or, in Quebec, any immovable or right in it or the rights of a lessee that, in the opinion of the Minister referred to in subsection (1), are required for the purposes of this Act shall be deemed to be, in his or her opinion, required for a public work or other public purpose, in which case a reference to the “Crown” in that Act shall be construed as a reference to the “Commission”.

PAYMENTS IN LIEU OF TAXES

14. (1) Subsection 16(1) of the Act is replaced by the following:

Local municipalities

16. (1) The Commission may pay grants to a local municipality not exceeding the taxes that might be levied by the municipality in respect of any real property or immovables of the Commission if the Commission were not an agent of Her Majesty.

(2) Subsection 16(3) of the Act is replaced by the following:

Gatineau Park

(3) The Commission may pay grants to the appropriate authorities in respect of its immovables situated in Gatineau Park not exceeding in any tax year the amounts estimated by the Commission to be sufficient to compensate those authorities for the loss of tax revenue during that tax year in respect of municipal and school taxes by reason of the Commission’s acquisition of the immovables.

15. Section 18 of the Act is replaced by the following:

General fund

18. Subject to section 17, the Commission may expend for any of the purposes of this Act any money appropriated for its use by Parliament, received by it through the conduct of its operations or received by it by bequest, donation or otherwise.

ENFORCEMENT

Designation

18.1 (1) The Minister may designate persons or classes of persons to enforce this Act. The provisions that a designated person or class of persons has the power to enforce and the territory within which they may exercise that power shall be specified in the designation.

Certificate of designation

(2) Every designated person shall be provided with a certificate of designation in a form approved by the Minister and, when exercising their powers, shall produce the certificate on request.

16. The heading before section 19 of the Act is replaced by the following:

BY-LAWS, REGULATIONS AND ORDERS

17. The Act is amended by adding the following after section 19:

Regulations — fees

19.1 With the Governor in Council’s approval, the Commission may make regulations prescribing fees and other charges payable to it for access to property of the Commission, for the carrying out of activities and for the use of resources and facilities located on any property of the Commission, and those fees and charges may vary by class of person.

Regulations — contract regulations

19.2 Despite subsection 41(2) of the Financial Administration Act, the Governor in Council may make regulations under subsection 41(1) of that Act that apply in respect of the Commission.

2002, c. 13, s. 87

18. Section 20 of the Act is replaced by the following:

Regulations

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

(a) respecting the protection of any property of the Commission, as well as of natural resources and processes on that property and of the ecological integrity of any property of the Commission that is located in Gatineau Park;

(b) respecting the preservation of order or the prevention of accidents on any property of the Commission;

(c) restricting or prohibiting access to and activities on property of the Commission and controlling the use of resources and facilities located on any property of the Commission, including requiring the payment of fees and other charges prescribed under section 19.1 and requiring permits, licences or other authorizations;

(d) authorizing the Commission, in the circumstances and subject to the limits that may be specified in the regulations, to issue, amend, suspend and revoke permits, licences and other authorizations, in relation to access to property of the Commission, the carrying out of activities and the use of resources and facilities located on any property of the Commission and to make any permit, licence or other authorization subject to terms and conditions; and

(e) exempting any class of persons from the application of any provision of any regulation made under paragraphs (a) to (d).

Offence

(2) Every person who contravenes any regulation made under paragraphs (1)(a) to (c) is guilty of an offence that is punishable on summary conviction.

Punishment

(3) The Governor in Council may by regulation prescribe a fine in an amount not exceeding the amount referred to in subsection 787(1) of the Criminal Code that may be imposed as punishment for an offence.

No imprisonment

(4) A term of imprisonment may not be imposed under subsection 787(1) of the Criminal Code as punishment for an offence.

2006, c. 9, s. 289

19. Section 22 of the Act is replaced by the following:

Evidence

22. A certificate stating, in a prosecution for the contravention of any regulation made under subsection 20(1), that any property described in it is under the control of the Commission and purporting to be certified by the Commission or the Chief Executive Officer, Chief Engineer or Secretary of the Commission shall be admitted in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof and, in the absence of evidence to the contrary, is proof that the property is under the Commission’s control.

Schedules 1 and 2

22.1 The Governor in Council may, by order, amend Schedules 1 and 2.

20. 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 paragraph 10(2)(b) but despite any other provision of this Act, expend, administer or dispose of the property for the purposes of this Act, subject to the terms, if any, on which the property was given, bequeathed or devised to the Commission.

2002, c. 17, s. 20

21. The schedule to the Act is amended by replacing “(Section 2)” after the heading “SCHEDULE” with “(Sections 2 and 22.1)”.

2002, c. 17, s. 20

22. The schedule to the Act is numbered as Schedule 1.

23. The Act is amended by adding, after Schedule 1, the Schedules 2 to 4 set out in the schedule to this Act.

R.S., c. O-4

OFFICIAL RESIDENCES ACT

1999, c. 31, s. 172

24. Section 6 of the Official Residences Act is replaced by the following:

Furnishings, maintenance, etc.

6. The National Capital Commission shall furnish, maintain, heat and keep in repair the buildings on the lands described in Schedules I to III or allocated under section 5 and shall maintain and, from time to time as required, improve those lands.

CONSEQUENTIAL AMENDMENTS

References to other Acts

25. (1) Unless the context requires otherwise, every reference to the schedule to the National Capital Act is replaced by a reference to Schedule 1 to the National Capital Act in any other Act of Parliament.

References to regulations, etc.

(2) Unless the context requires otherwise, every reference to “the schedule to the National Capital Act” is replaced by a reference to “Schedule 1 to the National Capital 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 by or under an Act of Parliament, or

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

Explanatory Notes

National Capital Act

Clause 2: (1) Existing text of the definitions:

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

“property” means real or personal property or any interest therein;

“public lands” means real property or any interest therein, under the control and management of a department;

(2) New.

Clause 3: (1) Existing text of subsections 3(1) to (3):

3. (1) The corporation called the National Capital Commission is continued, consisting of fifteen members including a Chairperson and a Chief Executive Officer.

(2) Each member, other than the Chairperson and the Chief Executive Officer, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

(3) The Chairperson and the Chief Executive Officer shall each be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate.

(2) Relevant portion of subsection 3(4):

(4) The members, other than the Chairperson and the Chief Executive Officer, shall be appointed as follows:

(3) Existing text of subsection 3(6):

(6) A person who has served two consecutive terms as a member, other than as Chief Executive Officer, is not eligible to be re-appointed to the Commission, during the twelve months following the completion of the person’s second term, in the same capacity in which the person served.

Clause 4: Existing text of subsection 5(2):

(2) The Commission shall meet at least three times a year in the National Capital Region.

Clause 5: Existing text of section 6:

6. In the event of the absence or incapacity of the Chairperson or the Chief Executive Officer or of a vacancy in either office, the Commission shall authorize another member to act as such, but no person may act as such for a period exceeding sixty days without the approval of the Governor in Council.

Clause 6: Existing text of subsections 7(1) and (2):

7. (1) The Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council.

(2) The Governor in Council may authorize the payment of allowances or other remuneration to the Chairperson and to any other member having special duties.

Clause 7: Existing text of subsection 8(1):

8. (1) The Governor in Council may appoint a General Manager to hold office during pleasure who shall be paid a salary to be fixed by the Governor in Council.

Clause 8: Existing text of section 9:

9. (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive Officer and three other members to be appointed by the Commission, at least one of whom shall be from the Province of Quebec.

(2) The Executive Committee shall exercise such of the powers and perform such of the functions of the Commission as are delegated to it by the Commission and shall submit at each meeting of the Commission minutes of its proceedings since the last preceding meeting of the Commission.

(3) The Commission may establish a National Capital Planning Committee and such other committees as it considers necessary or desirable for the administration of this Act.

(4) Each member of the Executive Committee, National Capital Planning Committee or other committee established under this section is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties.

Clause 9: (1) Relevant portion of subsection 10(1):

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 in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance; and

(2) New.

(3) Relevant portion of subsection 10(2):

(2) The Commission may, for the purposes of this Act,

...

(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 10: New.

Clause 11: Relevant portion of subsection 12(1):

12. (1) Where

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

Clause 12: Relevant portion of subsection 13(2):

(2) The Commission may

(a) sell, convey or lease any railway and related facilities, or any portion thereof, constructed pursuant to subsection (1) to any railway company; or

Clause 13: Existing text of sections 14 and 15:

14. (1) Where in the opinion of the Commission the acquisition of any land or interest therein by the Commission without the consent of the owner is required for the purposes of this Act, the Commission shall so advise the appropriate Minister in relation to Part I of the Expropriation Act.

(2) For the purposes of the Expropriation Act, any land or interest therein that, in the opinion of the Minister mentioned in subsection (1), is required for the purposes of this Act shall be deemed to be land or an interest therein that, in his opinion, is required for a public work or other public purpose, and, in relation thereto, a reference to the Crown in that Act shall be construed as a reference to the Commission.

PROPERTY

15. (1) Except with the approval of the Governor in Council, the Commission shall not

(a) acquire any real property for a consideration in excess of a value of twenty-five thousand dollars; or

(b) enter into a lease enduring for a period in excess of five years or grant an easement enduring for a period in excess of forty-nine years.

(2) The Commission shall not dispose of real property for a consideration in excess of ten thousand dollars, except in accordance with subsection 99(2) of the Financial Administration Act.

(3) Notwithstanding subsection 41(2) of the Financial Administration Act, the Governor in Council may make regulations under subsection 41(1) of that Act that apply in respect of the Commission.

Clause 14: (1) Existing text of subsection 16(1):

16. (1) The Commission may pay grants to a local municipality not exceeding the taxes that might be levied by the municipality in respect of any real property of the Commission if the Commission were not an agent of Her Majesty.

(2) Existing text of subsection 16(3):

(3) The Commission may pay grants to the appropriate authorities in respect of real property of the Commission situated in Gatineau Park not exceeding in any tax year the amounts estimated by the Commission to be sufficient to compensate such authorities for the loss of tax revenue during that tax year in respect of municipal and school taxes by reason of the acquisition of the property by the Commission.

Clause 15: Existing text of section 18:

18. Subject to section 17, the Commission may expend for any of the purposes of this Act any money appropriated by Parliament for the use of the Commission, received by it through the conduct of its operations or received by it by bequest, donation or otherwise.

Clause 16: Existing text of the heading:

BY-LAWS AND REGULATIONS

Clause 17: New.

Clause 18: Existing text of section 20:

20. (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.

(2) The Governor in Council may by regulation prescribe the punishment that may be imposed on summary conviction for the contravention of any regulation made under subsection (1), but the punishment so prescribed shall not exceed that set out in subsection 787(1) of the Criminal Code.

Clause 19: Existing text of section 22:

22. In a prosecution for the contravention of any regulation made under subsection 20(1), a certificate stating that any property described in it is under the control of the Commission and purporting to be certified by the Commission or the Chief Executive Officer, General Manager, Chief Engineer, or Secretary of the Commission shall be admitted in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof and, in the absence of evidence to the contrary, is proof that the property is under the control of the Commission.

Clause 20: Existing text of section 23:

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.

Official Residences Act

Clause 24: Existing text of section 6:

6. The Minister of Public Works and Government Services shall furnish, maintain, heat and keep in repair the buildings on the lands described in the schedules or allocated pursuant to section 5, and the National Capital Commission shall maintain and, from time to time as required, improve those lands.