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Bill C-311

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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-311
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 privately owned real properties or provincial properties 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 section 10.1 and more particularly described in Schedule 1 to the Regulation respecting the parc de la Gatineau Game Sanctuary, R.R.Q., c. C-61, r. 47, as reproduced in Schedule 2;
“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
(c) acquire privately owned real property or provincial property situated in Gatineau Park.
(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 There is hereby established a park named Gatineau Park, the boundaries of which are set in Schedule 1 to the Regulation respecting the parc de la Gatineau Game Sanctuary, R.R.Q., c. C-61, r. 47, as reproduced in Schedule 2.
Change of park boundaries
10.2 Subject to section 10.3, the Governor in Council may, by order, change the boundaries set out in Schedule 2 if
(a) agreement has been reached between the Governments of Canada and Quebec; and
(b) the Minister and the Quebec minister have consulted with the public.
Notice of the proposed change to be tabled and referred to committee
10.3 (1) A notice of intention to make an order to change boundaries of Gatineau Park shall be tabled in the House of Commons and stands referred to the committee of that House that normally considers matters relating to parks, or to any other committee designated by the House for the purposes of this section, if the intention is to reduce the area of the Gatineau park.
Consideration by committee
(2) The committee shall report to the House of Commons whether it approves or disapproves the change and, on or after the next sitting day, a motion to concur in the report shall be put to the House in accordance with its procedures and disposed of without amendment or debate.
Where proposed change rejected
(3) The proposed change shall not be made if the House of Commons concurs in a report disapproving the proposed order or does not concur in a report approving the order.
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 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 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
(c) generally, for carrying out the purposes and provisions of this Act.
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.