National Battlefields at Quebec Act

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Sections55

• 1Constitution of Commission
• 1(1)

  The Governor in Council may appoint seven Commissioners, who shall hold office during the pleasure of the Governor in Council, and who, with any additional Commissioners who may be appointed under the authority of this Act, shall be a body politic and corporate under the name of “The National Battlefields Commission”.

• 1(2)Commissioners appointed by provincial governments

  The Government of any province which contributes a sum not less than one hundred thousand dollars to the purposes of the commission shall be entitled to appoint a commissioner, and such commissioner shall hold office during the pleasure of the Government of the province.

• 1(3)Other commissioners

  If the Government of the United Kingdom, or of any self-governing colony of the Empire, contributes a sum not less than one hundred thousand dollars to the purposes of the commission, such Government shall be entitled to appoint a commissioner, and such commissioner shall hold office during the pleasure of the Government which appoints him.

• 2Chairman

  The Governor in Council shall name one of the commissioners appointed by the Governor in Council to be chairman of the commission, and he shall hold office as such chairman during pleasure.

• 3Secretary

  The Governor in Council shall appoint a competent person to be secretary of the commission, who shall hold office during pleasure, and receive such salary as is fixed by the Governor in Council and provided by Parliament.

• 4Expenses of commission

  The commissioners, including the chairman, shall serve without remuneration, but shall be entitled to receive their actual disbursements for expenses necessarily incurred by them in the discharge of their powers or duties under this Act.

• 5Powers as to battlefields

  The commission may purchase, acquire and hold the lands or immovable property in the city of Quebec, or in the vicinity thereof, where the great battles were fought, or which were occupied by the various commands of the respective armies upon the battlefields.

• 6Expropriation R.S., c. 143
• 6(1)

  If the purchase of any land or immovable property, or of any interest therein, is authorized under the provisions of this Act, and the commission is unable to agree with the owner as to the purchase, acquisition or transfer thereof, or the price to be paid therefor, or if a person interested therein is incapable of making a deed or conveyance, or if for any other reason the commission deems it advisable to proceed compulsorily, proceedings may be taken under The Expropriation Act for the acquisition of the said land, immovable property, or interest therein and for the vesting of the title thereof in the commission; and in any such case, except as herein otherwise provided, all the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, apply, mutatis mutandis, to such lands or immovable property and to the acquisition thereof and to the d…

• 6(2)Plan and description

  A plan and description purporting to be signed by the chairman and secretary of the commission shall have the same effect for the purposes of this Act as a plan and description signed by the Minister or deputy minister has under The Expropriation Act; and for all purposes of the proceedings authorized by this Act the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, be construed with the substitution of the commission for His Majesty, for the Crown and for the Minister.

• 6(3)Information in Federal Court Proviso as to damages

  In any case in which land or property is acquired, taken or injuriously affected under the authority of this Act, the Attorney General of Canada may cause an information in the name of His Majesty, upon the relation of the commission, to be exhibited in the Federal Court of Canada, and the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, apply to such information and the proceedings thereunder in the same manner, mutatis mutandis, as they apply to the like informations and proceedings on behalf of His Majesty under the said Act: Provided that His Majesty shall not in any case be liable for any compensation, damages, costs or charges incurred in such proceedings, but the relators shall be subject to the payment of such compensation, damages, costs or charges as may be adjudged by the court.

• 7Powers of commission

  The commission may,

• 7(a)Expenditure of moneys

  receive and expend any moneys, whether appropriated by Parliament or the legislatures or contributed by any municipal or other body or private individual, for the purposes authorized by this Act;

• 7(b)Buildings, monuments, etc.

  remove all buildings and other structures upon the lands taken or acquired, and erect a museum and such monuments and statues or other works as seem fitting or appropriate; and

• 7(c)National park

  lay out and construct on or through the said lands such avenues, drives or paths, gardens, squares or other works as are, in the opinion of the commission, desirable for the improvement of the grounds and the conversion thereof into a national park of a character to commemorate worthily the great events which happened there.

• 8Payment of $125,000 a year for four years authorized
• 8(1)

  The Minister of Finance is hereby authorized to pay out of the Consolidated Revenue Fund of Canada to the Commission the sum of one hundred and twenty-five thousand dollars a year for a period not exceeding four years from the 1st day of April, 1954, to be expended by the Commission for the purposes and subject to the provisions of this Act.

• 8(2)Payments quarterly in each year

  The amount payable to the Commission under this section shall be paid in four equal quarterly instalments on the first day of April, July, October, and January, respectively, in each fiscal year but the first of such quarterly instalments shall be paid forthwith upon the commencement of this section.

• 9Appropriation of public lands

  The Governor in Council is authorized to appropriate for the purposes of the commission all the lands or immovable property now vested in His Majesty for the military or other public purposes of Canada and forming part of the aforesaid battlefields.

• 9.1Trust account

  There shall be established in the Consolidated Revenue Fund a special account to be known as the National Battlefields Trust Account to which shall be credited and to which shall be charged such amounts as are authorized by the Commission to be expended for the purpose for which such money or property was given, bequeathed or otherwise made available to the Commission.

• 9.1(a)

  all money received by the Commission by gift, bequest or otherwise,

• 9.1(b)

  all money received by the Commission as interest on any securities or as rent on any property acquired by the Commission by gift, bequest or otherwise,

• 9.1(c)

  all money received by the Commission from the sale of any real or personal property acquired by the Commission by gift, bequest or otherwise, and

• 9.1(d)

  an amount representing interest on the balance from time to time to the credit of the Account, at such rates and calculated in such manner as the Governor in Council prescribes,

• 10Approval of Parliament

  No lands or immovable property shall be purchased or acquired by the Commission except with the previous approval of Parliament.

• 11No expenditure without funds Approval of Governor in Council

  No expenditure shall be made and no liabilities shall be incurred by the Commission until funds sufficient to cover such expenditure or liabilities shall be at its disposal for the purposes of this Act, and the Commission shall, before entering upon any work of improvement or construction, or any other work involving the expenditure of money, upon the lands taken or acquired under the authority of this Act, cause to be prepared plans of the proposed works showing locations, and submit the said plans for the approval of the Governor in Council, and the Commission shall furnish such further descriptions or information to the Governor in Council as are required; and no such works shall be proceeded with until approved by the Governor in Council.

• 12Annual statements

  The commission shall render to the Minister of Finance, on or before the first day of June in each year, detailed statements of all its receipts and expenditures up to the thirty-first day of March in that year; and copies of such statements shall be laid before Parliament by the Minister of Finance within the first fourteen days of the next following session.

• 13Accounts and inspection

  The commission shall, whenever required by the Minister of Finance, render detailed accounts of its receipts and expenditures for such period or to such date as he names; and all books of account, records, bank books and papers of the commission shall at all times be open to the inspection of the Minister of Finance, or of any person authorized by him.

• 14Audit of accounts

  All accounts, receipts and expenditures of the commission shall be subject to the audit of the Auditor General as in the case of public moneys, and subject to the provisions, so far as applicable, of The Consolidated Revenue and Audit Act.

• 15Commissioners and secretary not to be interested in contracts

  No member of the commission shall have, nor shall the secretary have, any contract with the commission, or be pecuniarily interested, directly or indirectly, in any contract or work with regard to which any portion of the moneys at the credit of the commission is being or is to be expended.

• 16Celebration of tercentenary of founding of Quebec

  Whereas the present year not only will, it is hoped, mark the setting apart of the battlefields as herein authorized, but is also the tercentenary of the founding of the city of Quebec and the establishment of French government and civilization upon the shores of the St. Lawrence by Samuel de Champlain, and it is desirable that these events be appropriately commemorated: Be it therefore enacted that the commission may, under the authority and direction of the Governor in Council, arrange for and carry out at a convenient time a celebration, in every respect worthy and fit, of the tercentenary of the founding of Quebec by Champlain, and the dedication of the battlefields to the general public purposes of Canada as provided by this Act; and that the commission may, subject to the sanction and approval of the Governor in Council, expend and lay out, for the purposes of the said celebration,…

• 1 #32Power to acquire property

  The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the lands and immovable property set forth and described in the schedule to this Act.

• SCHEDULE

  A tract of land on the north side of the Ste. Foye road, belonging to the heirs Tourangeau and others, (site of the battle of Ste. Foye, — a part of which surrounds the lot of land upon which is erected a monument to the memory of General Lévis and General Murray, — “Monument des Braves”), and which is bounded as follows, viz.: In front to the south by the Ste. Foye road, in rear to the north by the brow of the hill (Cime du Cap), on one side towards the east by lot number twenty-five, belonging to I. A. Fortin, and on the other side towards the west by lot number twenty-eight, belonging to the representatives of the late J. W. Dunscomb. Which said tract of land was formerly known and distinguished as lot number twenty-six (26) upon the official cadastral plan for the Banlieue, parish of Notre Dame de Quebec, but which lot has since been subdivided, and the said tract of land is now know…

• 1 #34Commission may purchase certain lands

  The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the whole or part of the lands and immovable properties hereinafter described, namely:

• (a)

  The tract of land on the south side of the street called “La Grande Allée”, in the city of Quebec, granted to “The Quebec Skating Club” in virtue of chapter 14 of the statutes of 1891, and fully described therein, with all the buildings erected thereon:

• (b)

  The parcels of land bearing numbers 96, 97, 98, 99 and 66 of the subdivision of cadastral lot number 4437 of Montcalm ward of the city of Quebec, including all or any dwelling houses, the tower commonly known as “Martello Tower number two”, or other buildings of any kind erected on these parcels of land:

• (c)

  The portions of the lots numbers four thousand four hundred and forty-one (4441) and four thousand four hundred and forty-two (4442) on the cadastral plan for Montcalm ward of the city of Quebec, comprised between the two pieces of land respectively forming part of these lots belonging to The Ladies Protestant Home of Quebec and the Heirs Lampson respectively and mentioned in article 8 of the Schedule to chapter 58 of the statutes of 1908, and a parallel to the northwest side of Tower street drawn across the said lots four thousand four hundred and forty-one and four thousand four hundred and forty-two, from the easternmost corner of lot number four thousand four hundred and forty-three of the cadastre of the said Montcalm ward of the city of Quebec; and the buildings which may be erected thereon:

• (d)

  All the lots or parcels of land, portions of lots or parcels of land and projected streets — with any building which may be erected thereon — hereinafter mentioned in this paragraph and lying in the city of Quebec, outside or surrounding a certain tract of land upon which is erected the Quebec jail and its dependencies and which tract of land, also in the city of Quebec, reserved by the Government of the province of Quebec for the purposes of the Quebec jail, is bounded towards the northwest by a line — southeast of Monument Street — in the northeasterly prolongation of the northwest boundary of lots numbers one hundred and sixty — A (160 — A) and one hundred and sixty — B (160 — B) of the cadastre of the Banlieue, parish of Notre-Dame-de-Quebec, towards the southeast by a line parallel to the lower or rear wall of the jail yard and one hundred and fifty feet distant — to the southeast —…

• (e)

  The lots or parcels of land situated in the vicinity of “Martello Tower, number four”, in the city of Quebec, and bearing respectively numbers one hundred and eighty-eight (188), one hundred and eighty-nine (189) and one hundred and ninety-one (191) of the subdivisions of lot number three thousand seven hundred and fifty-five (3755) of the cadastre of St. John’s ward of the said city of Quebec.

• 2 #40As to rents, dues, etc.

  The National Battlefields Commission may, subject to the approval of the Governor in Council, pay or redeem all rents, ground rents or other dues affecting all or any property or properties heretofore or hereafter purchased, acquired or held by it or gratuitously ceded and transferred to it for the purposes of the National Battlefields at Quebec.

• 3 #41Advance to town of Montcalm to acquire certain lands

  The National Battlefields Commission may, subject to the approval of the Governor in Council, advance, out of the National Battlefields fund, a sum of money not to exceed fifteen thousand dollars to the municipality of the town of Montcalm or its successors, in order to enable the said municipality to purchase certain lands necessary for the Quebec Battlefields Park, that is to say for the opening of an avenue between St. Louis Road and Ste. Foye Road, in line with the “Monument des Braves”, in the town of Montcalm, which lands are to be, after their purchase by the said municipality, gratuitously ceded and transferred to the said Commission; the sum so advanced by the said Commission to be repaid to the latter by the said municipality or its successors in annual consecutive instalments bearing interest at the rate of three per cent per annum, the term over which the instalments may be s…

• 4 #42By-laws

  The Commission may make by-laws for: Every person who contravenes a by-law made under this section is liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for six months, or to both. No by-law shall have force or effect until confirmed by the Governor in Council and published in The Canada Gazette, and upon such confirmation and publication any by-law made in accordance with this Act shall have the same force and effect as if enacted in this Act.

• (a) #43

  the direction, conduct and management of the Commission and its property, real and personal;

• (b) #44

  the time and place for holding meetings of the Commission, the calling of meetings, the quorum thereat, and the procedure at such meetings;

• (c) #45

  the appointment, control, duties and removal of all officers, guardians, agents, technical and professional advisers, and employees of the Commission, and their remuneration;

• (d) #46

  the maintenance, preservation, and protection of the lands, works and other property belonging to the Commission or under its jurisdiction, control or care, and the access of the public thereto;

• (e) #47

  the prevention of injury to or encroachments upon the property of the Commission.

• 1 #48Commission may purchase certain lands

  The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the whole or part of the lands and immovable properties hereinafter described, namely:

• (a) #49

  The whole of “Gilmour’s Hill” (which leads from St. Louis road to Wolfe’s Cove).

• (b) #50

  A parcel of land covering about 10,000 square feet to be taken from lot number two hundred and twenty-eight (228) upon the cadastral plan for the Parish of St-Colomban-de-Sillery, in the immediate vicinity of said Gilmour’s Hill.

• (c) #51

  All the portions of the “Marchmont Property”, now the “Merici Convent”, distinguished as lot number two hundred and twenty-seven (227) upon the cadastral plan of the said Parish of St-Colomban-de-Sillery, which are below the brow or the cliff (cime du cap).

• (d) #52

  The whole or portions of lots bearing numbers two hundred and twenty-nine (229), two hundred and thirty (230) and two hundred and thirty-one (231) upon the cadastral plan of the said Parish of St-Colomban-de-Sillery.

• (e) #53

  All the buildings erected on the lands or immovable property mentioned in this Act.

• 2 #54Acquisition of certain lands authorized

  The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire, and hold the whole or part of the lands and immovable property hereinafter described, namely: A tract of land being part of lot No. 232 of the official cadastre of the parish of St. Colomb de Sillery, County of Quebec, situate at the foot of Gilmour Hill and located between the new Champlain road and the old Champlain road, containing in area 47,750 square feet, more or less, more particularly described as follows: Commencing at the point of intersection of the Southerly side of the old Champlain road with the line parallel to and thirty-five feet (35’) distant, North Westerly, from the centre line of the new Champlain road, the said point of intersection being hereinafter referred to as point A; thence in a South Westerly direction along a straight line, distant twenty feet (…