Any substantive changes in this Legislative Summary that have been made since the preceding issue are indicated in bold print.
On 30 April 2010, Bill C-20, An Act to amend the National Capital Act and other Acts (short title: An Action Plan for the National Capital Commission), was introduced in the House of Commons by the Honourable John Baird, Minister of Transport, Infrastructure and Communities. With the exception of a new clause 26 (concerning coordinating amendments), Bill C-20 is virtually identical to its predecessor bill, C-37, which was introduced in the House in the previous session of the 40th Parliament and which was being considered by the House of Commons Standing Committee on Transport, Infrastructure and Communities when it died on the Order Paper with the prorogation of Parliament.
According to the government’ s backgrounder accompanying the news release on the bill, in April 2006, the minister responsible for the National Capital Commission (NCC) launched a review to assess the continuing relevance of the NCC, its activities and level of funding. An independent review panel invited a broad range of stakeholders and interested parties to express their views. The panel released its report in December 2006, making a number of recommendations concerning the NCC’s governance, activities and funding.
In its backgrounder, the government points out that, since that time, it has taken several steps consistent with the review panel’s recommendations. An annual $15 million increase in funding for the NCC was announced in Budget 2007. In keeping with the Federal Accountability Act, separate chairperson and chief executive officer positions were created at the NCC. As well, in September 2008, the Governor in Council approved the acquisition by the NCC of private properties in Gatineau Park.
According to the government, Bill C-20 responds to recent public and stakeholder input and ensures that the NCC can efficiently and effectively fulfill its mandate.
The bill received second reading on 25 May 2010 and was referred to the House of Commons Standing Committee on Transport, Infrastructure and Communities, where it was passed with amendments on 4 November 2010. The committee’s report was presented in the House of Commons on 15 November 2010 but the bill died on the Order Paper with the dissolution of Parliament on 26 March 2011.
The highlights of the bill, as amended by the Committee, are these:
Clause 2(1) replaces the definitions of “National Capital Region,” “property,” and “public lands” that are currently contained in section 2 of the National Capital Act. The definition of the “National Capital Region” has been changed to reflect the fact that the schedule referred to in the definition is now Schedule 1. In the definitions of “property” and “public lands,” text has been added to explain that in Quebec’ s civil law regime the equivalent of personal property in Ontario is a “movable” and the equivalent of real property is an “immovable.”
As well, clause 2(2) adds four new definitions to section 2. “Gatineau Park” and the “National Interest Land Mass” were included in the first reading version of the bill, while “ecological integrity” and “Greenbelt” were added during the House Standing Committee’s consideration of the bill. “Gatineau Park” is defined as the area whose boundaries are described in Schedule 2, which is being added to the Act. The “National Interest Land Mass” is defined to mean the collection of real property and immovables, or portions of them, located in Gatineau Park or the Greenbelt or designated by the NCC under proposed section 10.2. “Ecological integrity” is defined as “a condition that is determined to be characteristic of a natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes.” The “Greenbelt” is defined to mean the area whose boundaries are described in Schedule 2.1, which is being added to the Act.
Section 3(1) currently provides for the NCC to consist of 15 members, including a chairperson and a chief executive officer. As proposed in the first reading version of the bill, clause 3 would have changed the number to 14 members, including a chairperson, deleting the reference to a chief executive officer. However, the Committee amended the clause to revise the membership of the NCC to 15 members, including a chairperson. Sections 3(2), (3) and (4) are changed to reflect the removal of the reference to a chief executive officer in section 3(1). The Committee added section 3(3.01) to include the requirement that the NCC chairperson be fluent in both official languages at the time of appointment. New section 3.1 allows the Governor in Council to designate one of the members of the NCC, other than the chairperson, to be the Commission’s vice-chairperson, a position not previously provided for in the Act. Clause 3(2) amends section 3(4) of the Act to require minimum representation on the NCC from the Quebec portion of the National Capital Region (three members) and from outside the National Capital Region (eight members, of which two must be from Quebec).
Current section 5(2) requires the NCC to meet at least three times a year in the National Capital Region. Clause 4 replaces that provision with a new section 5(2) requiring the NCC to hold at least four meetings a year in the National Capital Region and further stipulating that those meetings be open to the public. However, the provision also states that the Commission may hold portions of those meetings in camera if it considers it necessary to do so.
Section 6 presently provides that in the event of the incapacity of the chairperson or chief executive officer or of a vacancy in either office, the Commission shall authorize another member to act in that capacity, but no person may act as such for a period exceeding 60 days without the approval of the Governor in Council. Clause 5 changes section 6 to provide that if the chairperson is absent or incapacitated or if there is a vacancy in that office, the Commission’ s vice-chairperson (as provided for in the amendments to the Act) shall act as chairperson. In the event that the vice-chairperson is absent or incapacitated or if there is a vacancy in that office, the Commission must 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.
As previously noted, clause 3 amends section 3 of the Act so that the NCC no longer includes a chief executive officer among its members. Section 8(1) currently allows the Governor in Council to appoint a general manager to hold office during pleasure and for a salary to be fixed by the Governor in Council. Clause 7 replaces that section with new sections 8(1) and (1.1). Proposed section 8(1) deletes the reference to a general manager and, in place of that, requires the Governor in Council to appoint a chief executive officer to hold office during pleasure for a term that the Governor in Council considers appropriate. According to proposed section 8(1.1), the Chief Executive Officer is to be paid a salary fixed by the Governor in Council.
Section 9 currently requires the NCC to establish an executive committee comprising certain members. As well, the section permits the Commission to establish a National Capital Planning Committee and any other committees it considers necessary or desirable for the administration of the Act. Clause 8 replaces the section with a new section 9, removing the reference to the mandatory establishment of an executive committee and instead allowing the NCC to establish, from among its members, any committee that it considers necessary or desirable for the administration of the Act. Each committee so established must exercise any of the powers and perform any of the functions of the NCC that are delegated to it by the Commission and must submit at each of the Commission’ s meetings the minutes of that committee’s proceedings since the previous meeting of the Commission.
Among the objects and purposes of the NCC are those set out in section 10(1)(a) to “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.” Clause 9 adds the words “including in relation to transportation in that region” after “National Capital Region.”
In addition, clause 9 adds proposed section 10(1.1) to the Act to require the NCC to furnish, maintain, heat and keep in repair the buildings on the lands described in schedules 3 (Rideau Hall) and 4 (Canada’ s Guest House at 7 Rideau Gate) and to “maintain and, from time to time as required, improve those lands.”
Clause 9 also replaces the current section 10(2)(b) concerning one of the specified powers of the NCC, namely the power to “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.” The amended version reads, “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” (additions italicized).
Clause 10 adds new sections 10.1(1), (2), (3), (4), (5) and (6) to the Act. According to proposed section 10.1(1), at least once every 10 years after the provision comes into force, the NCC must submit to the Governor in Council for approval a master plan for the National Capital Region for the next 50 years. The plan must contain principles and objectives, including a number that apply to Gatineau Park and the Greenbelt.
The Committee added four new sections to this clause. New section 10.1(2) requires that the NCC provide opportunities for public consultations at both the national and regional levels during the development of a master plan. Section 10.1(3) requires that the master plan be laid before each house of Parliament before it is approved by the Governor in Council. Section 10.1(4) precludes the approval of a master plan by the Governor in Council before the earlier of either 30 sitting days or 160 calendar days after the master plan is laid before each house of Parliament. Section 10.1(5) allows for the alteration of an earlier master plan without having to resubmit the modified plan to Parliament.
Following the addition of sections 10.1 (2), (3), (4) and (5), the proposed section 10.1(2) was renumbered as section 10.1(6). This section requires the minister to cause a copy of the approved master plan to be laid before each house of Parliament within 30 sitting days after its approval.Clause 10 also adds proposed sections 10.2 and 10.3 regarding the “National Interest Land Mass” (definition added in section 2) to the Act. Proposed section 10.2 authorizes the NCC to designate all or a portion of any real property or immovable as part of the National Interest Land Mass or to revoke such a designation (as the case may be) but only if, with the Governor in Councils’ approval, the Commission has made regulations setting out the criteria and the process involved. Proposed section 10.3(a) authorizes the NCC, with the Governor in Council’ s approval, to make such a regulation, and proposed section 10.3(b) similarly authorizes the NCC, with the Governor in Council’ s approval, to prescribe in relation to public lands (or classes of those lands) that are designated as part of the National Interest Land Mass the process by which those lands may be acquired by the NCC or by which the administration of them may be transferred to the NCC, and any terms and conditions of such an acquisition or transfer. This is in addition to any requirements under the Federal Real Property and Federal Immovables Act.
The Committee added to the bill section 10.31 requiring the NCC to manage any immovable property in Gatineau Park for the enjoyment of the people of Canada, including allowing for recreational activities.
Clause 10 also results in new section 10.4 being added to the Act. Proposed section 10.4(1) requires the NCC to manage its real property (or immovables in Quebec) in accordance with the principles of “responsible environmental stewardship,” a term not defined in the Act. Proposed section 10.4(2) further requires the NCC, in the management of its immovable property located in Gatineau Park, to “consider as one of its priorities the maintenance or restoration of the ecological integrity of that property.”
Section 12(1)(a) currently requires that where any department (as defined in section 2 of the Act) “proposes to erect, alter, extend or demolish a building or other work on any lands in the National Capital Region,” the department must, prior to the commencement of the project, submit a proposal to the Commission for approval. Clause 11 amends section 12(1)(a) to limit the application of the above provision to a building or other work, including as part of any project:
Clause 13 rewrites section 14 regarding expropriation to harmonize the provision with the civil law regime of Quebec; the proposed wording therefore refers not only to the expropriation of any “land or interest therein” (as it currently does) but also to an “immovable or right in it or the rights of a lessee.”
Clause 13 repeals current section 15 of the National Capital Act in its entirety. This results in the repeal of section 15(1), which presently requires Governor in Council approval in order for the NCC to acquire real property (or immovables) for consideration exceeding $25,000, to enter into a lease for a period exceeding five years, or to grant an easement for a period exceeding 49 years. As well, current section 15(2), which prohibits the NCC from disposing of real property (or immovables) for consideration in excess of $10,000, except in accordance with section 99(2) of the Financial Administration Act, is being repealed. Current section 15(3) is also being repealed, but it reappears elsewhere as proposed section 19.2 of the Act. It stipulates that, notwithstanding section 41(2) of the Financial Administration Act (which states that section 41(1) of that Act does not apply to Crown corporations or the Canada Revenue Agency), the Governor in Council may make regulations pursuant to section 41(1) of that Actrespecting conditions under which contracts may be awarded and that apply in respect of the NCC.
Clause 14 amends section 16 regarding payments in lieu of taxes, adding a reference to immovables in order to be compatible with Quebec’ s civil law regime.
Clause 15 adds new section 18.1 to the Act. Proposed section 18.1(1) authorizes the minister to designate persons (or classes of persons) to enforce the Act. The designation must specify the provisions that a designated person (or class of persons) has the power to enforce and the territory within which that power may be exercised. Proposed section 18.1(2) requires every designated person to be provided with a certificate of designation (in a form approved by the minister) that must be produced on request when exercising his or her powers under the Act.
Clause 17 adds new sections 19.1 and 19.2 to the Act. Proposed section 19.1 authorizes the NCC, with the Governor in Council’ s approval, to make regulations prescribing fees and other charges payable to it for access to its property, for the carrying out of activities, and for the use of resources and facilities located on any of its properties. Those fees and charges may vary by class of person.
As previously noted in the discussion of clause 13 of the bill, repealed section 15(3) reappears as proposed section 19.2 of the National Capital Act. This section deals with the power of the Governor in Council to make regulations pursuant to section 41(1) of the Financial Administration Act (concerning how contracts are to be awarded) that apply in respect of the NCC.
Clause 18 replaces the current section 20 to greatly expand the Governor in Council’s regulation-making powers. Proposed section 20(1) enables the Governor in Council to make regulations:
Proposed section 20(2) provides that any person who contravenes any regulation made under sections 20(1)(a) to (c) is guilty of a summary conviction offence. As is the case under the current section 20(2), proposed section 20(3) empowers the Governor in Council to, by regulation, prescribe a fine not exceeding the amount referred to in section 787(1) of the Criminal Code: under that section, a person convicted of a summary conviction offence, unless otherwise provided, is liable to a fine of not more than $5,000 or to a term of imprisonment not exceeding six months, or both. A new provision not previously in the Act, proposed section 20(4), prevents a term of imprisonment from being imposed under section 787(1) of the Criminal Code as punishment for an offence.
Clause 19 adds a new section 22.1 to the Act, providing that the Governor in Council may, by order, amend schedules 1 (description of the National Capital Region) and 2 (description of Gatineau Park boundaries). The Committee added to this clause a reference to the new Schedule 2.1 (description of Greenbelt boundaries) as well as a requirement that changes to schedules 2 and 2.1 not be made before the earlier of 30 sitting days or 160 calendar days after the proposed order is laid before each house of Parliament. Additionally, clause 19 was amended to include a requirement that the NCC provide the Governor in Council with a description of the boundaries of the Greenbelt (i.e., that it complete Schedule 2.1 of the Act) within five years after the coming into force of the bill.
The Committee also added to the Act a new section 26 requiring the NCC to include in its annual report information regarding its activities with respect to Gatineau Park and the Greenbelt, including the acquisition of real property in the Greenbelt or an immovable property located in Gatineau Park.Clause 22 numbers the current schedule to the Act (description of the National Capital Region) as Schedule 1. Clause 21 changes the reference to the relevant section(s) that appears in brackets after the title of that schedule from “Section 2” to “Sections 2 and 22.1.”
Clause 23 adds schedules 2 (description of Gatineau Park boundaries), 3 (description of Rideau Hall) and 4 (description of Canada’ s Guest House at 7 Rideau Gate) to the Act.
Section 6 of the Official Residences Act currently requires the minister of Public Works and Government Services to furnish, maintain, heat and keep in repair the buildings on the lands described in the schedules to the Act or allocated pursuant to section 5 of the Act, and the NCC must maintain and, from time to time as required, improve those lands. Clause 24 amends that provision to require the NCC (instead of the minister) to furnish, maintain, heat and keep in repair the buildings on the lands described in schedules I (Prime Minister’ s residence), II (residence of the Leader of the Opposition) and III (residence of the Speaker of the House of Commons), comprising the current schedules, or allocated under section 5, and from time to time as required, to improve those lands. Section 5 of the Official Residences Act permits the Governor in Council to allocate, by order, any lands in the National Capital Region (as described in the schedule [now Schedule 1] to the National Capital Act) and the buildings on that land as a summer residence for the Leader of the Opposition.
References to the schedule of the National Capital Act (description of the National Capital Region) found in other federal Acts (see clause 25(1)), regulations and the like (see clause 25(2)) are to be read as references to Schedule 1 to the National Capital Act, in light of the fact that the schedule now becomes Schedule 1.
Clause 26 establishes which legislative provisions will apply depending on the timing of the passage of two bills under consideration during this parliamentary session. Clause 26(1) provides that clauses 26(2) to (5) of Bill C-20 apply if Bill C-9, the Jobs and Economic Growth Act receives Royal Assent.
Clause 25(1) of Bill C-20 replaces the reference to “the schedule” in other Acts of Parliament to “Schedule 1.” Clause 1707 of Bill C-9, in replacing section 10.1(1) of the Radio-television and Telecommunications Commission Act, makes reference to the National Capital Region as described in “the schedule” to the National Capital Act. However, according to clause 26(2) of Bill C-20, if clause 25(1) of Bill C-20 comes into force before clause 1707 of Bill C-9, then the reference to “the schedule” to the National Capital Act in proposed section 10.1(1) is replaced by a reference to “Schedule 1.”
Clause 26(3) provides that if clause 25(1) of Bill C-20 comes into force on the same day as clause 1707 of Bill C-9, then clause 1707 is deemed to have come into force before clause 25(1).
Clause 1832 of Bill C-9, in replacing section 17(1) of the Export Development Act, also makes reference the National Capital Region as described in “the schedule” to the National Capital Act. Clause 26(4) of Bill C-20 provides that if clause 25(1) of Bill C-20 comes into force before clause 1832 of Bill C-9, the reference to “the schedule” to the National Capital Act in proposed section 17(1) is replaced by a reference to “Schedule 1.”
Clause 26(5) provides that if clause 25(1) of Bill C-20 comes into force on the same day as clause 1832 of Bill C-9, then clause 1832 is deemed to have come into force before clause 25(1).
Prior to Bill C-20 being referred to the Committee, there was very little public commentary on the proposed legislation. Following the introduction of the bill in the House of Commons on 30 April 2010, the Ottawa Valley Chapter of the Canadian Parks and Wilderness Society issued a news release dated 5 May 2010 in which it expressed its disappointment that Bill C-20, will not, in its opinion, give Gatineau Park adequate protection.1 It noted that Gatineau Park is presently a park in name only; it does not benefit from the same level of protection afforded to Canada’s national and provincial parks. It pointed out that the park manager, the NCC, may make changes to the park’s boundaries and dispose of park land without the approval of Parliament or input from Canadians. Instead, the organization called for the amendment of the bill to meet the following conditions:
Another group, the Gatineau Park Protection Committee (GPPC), a standing committee of the New Woodlands Preservation League, issued a news releaseon 11 May 2010 in which it asserted that the legislation “… caves in to park residents, ignores the public interest, and fails to reflect the consensus on Gatineau Park.”2 It noted that Bill C-20 is nearly identical to its predecessor, Bill C-37, which died on the Order Paper when Parliament was prorogued in December 2009. “Bill C-20 must be amended since it fails to meet basic park protection criteria,” said GPPC co-chair Andrew McDermott.
In particular, the GPPC stated thatto fully address the problems facing Gatineau Park – fragmentation, urbanization, and ecological impairment – any legislation to protect the park should respect the following criteria, which it maintains, represent the broad consensus on the issue:
During the course of the Committee’s consideration of the bill on 2 and 4 November 2010, an article in Le Droit noted that several amendments proposed by opposition members were defeated.3 In addition, an article, dated 10 November 2010, in the Ottawa Citizen summarized an exchange of letters to the editor in early November 2010 regarding the bill.4 This exchange involved a criticism of the bill as passed by the Committee and a defence by MP Paul Dewar of his party’s position on the bill.
* Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force. [ Return to text ]
© Library of Parliament
