National Capital Act

This Act may be cited as the National Capital Act.

In this Act,

Chairperson means the Chairperson of the Commission; (président)

Chief Executive Officer means the Chief Executive Officer of the Commission; (premier dirigeant)

Commission means the National Capital Commission continued by section 3; (Commission)

department means

any department named in Schedule I to the Financial Administration Act,

any division or branch of the federal public administration named in Schedule I.1 to that Act,

any commission under the Inquiries Act designated as a department for the purposes of the Financial Administration Act,

any corporation named in Schedule II or III to the Financial Administration Act, and

any board, commission, corporation or other body that is, for all its purposes or for all the purposes of the Act of Parliament under which it is established, an agent of Her Majesty; (ministère)

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

highway includes any street, road, lane, thoroughfare or driveway; (voie publique)

local municipality means a municipality wholly or partly within the National Capital Region; (municipalité locale)

member means a member of the Commission; (Version anglaise seulement)

Minister means the Prime Minister of Canada or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

National Capital Region means the seat of the Government of Canada and its surrounding area, more particularly described in the schedule; (région de la capitale nationale)

property means real or personal property or any interest therein; (bien ou propriété)

property of the Commission means property under the control and management of, or vested in the name of, the Commission; (bien de la Commission ou propriété de la Commission)

public lands means real property or any interest therein, under the control and management of a department; (terrains publics)

Vice-Chairperson[Repealed, 2006, c. 9, s. 283]

work means any work, structure or undertaking. (Version anglaise seulement)

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

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.

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.

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

three, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa;

two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and

eight from Canada generally, other than from a city or municipality referred to in either of paragraphs (a) or (b).

[Repealed, 2002, c. 17, s. 19]

A member is eligible to be appointed from a local municipality if, at the time of the appointment, the member normally resides in that municipality.

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.

A vacancy in the membership of the Commission does not impair the right of the remaining members to act.

The Public Service Superannuation Act does not apply to a member unless the Governor in Council otherwise directs.

The Commission is, for all purposes of this Act, an agent of Her Majesty.

The head office of the Commission shall be in the National Capital Region.

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

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.

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

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

Each member is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties.

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.

Subject to the plan of organization and terms and conditions of employment approved under subsection (3), the Commission may employ such officers and employees and such consultants and advisers as it deems necessary for the purpose of this Act and may fix their remuneration and terms and conditions of employment.

The Governor in Council may approve

a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Commission; and

the establishment of rates of compensation for each class of position, and such other terms and conditions of employment as are considered desirable.

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.

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.

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.

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.

The objects and purposes of the Commission are 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.

The Commission may, for the purposes of this Act,

acquire, hold, administer or develop property;

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;

construct, maintain and operate parks, squares, highways, parkways, bridges, buildings and any other works;

maintain and improve any property of the Commission, or any other property under the control and management of a department, at the request of the authority or Minister in charge thereof;

cooperate or engage in joint projects with, or make grants to, local municipalities or other authorities for the improvement, development or maintenance of property;

construct, maintain and operate, or grant concessions for the operation of, places of entertainment, amusement, recreation, refreshment, or other places of public interest or accommodation on any property of the Commission;

administer, preserve and maintain any historic place or historic museum;

conduct investigations and researches in connection with the planning of the National Capital Region; and

[Repealed, 2013, c. 33, s. 213]

generally, do and authorize such things as are incidental or conducive to the attainment of the objects and purposes of the Commission and the exercise of its powers.

The Commission shall, in accordance with general plans prepared under this Act, coordinate the development of public lands in the National Capital Region.

Where the department or person shall, prior to the commencement of the project, submit a proposal therefor to the Commission for approval.

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

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

any department or person proposes to change the use of public lands in the National Capital Region,

In determining whether to approve a proposal submitted under subsection (1), the Commission shall consider the following:

in the case of a proposal to erect, alter or extend a building or other work, the site, location, design and plans thereof and the use to be made of the building or other work as erected, altered or extended;

in the case of a proposal to demolish a building or other work, the site, location, design and use made of the building or other work and the plans for the demolition; and

in the case of a proposal to change the use of public lands, the site, location, existing use and proposed use of the lands.

No department or person shall commence any project in relation to which a proposal is required to be submitted to the Commission under subsection (1) unless a proposal has been so submitted and has been approved by the Commission.

This section does not apply to any alteration of the interior of a building or other work unless the alteration is made to accommodate a change in the use of the building or work.

Proposals by any department for the sale of public lands in the National Capital Region shall be submitted to the Commission for approval prior to the sale.

No public lands in the National Capital Region shall be sold without the approval of the Commission.

Where the Commission does not give its approval to a proposal made under section 12 or 12.1, the Governor in Council may give such approval and any such approval given by the Governor in Council shall, for the purposes of that section, be deemed to have been given by the Commission.

Any approval given under section 12, 12.1 or this section may be subject to such terms and conditions as are considered desirable by the Commission or the Governor in Council, as the case may be.

The Commission may construct in the National Capital Region, in accordance with plans prepared under this Act, a railway and related facilities.

The Commission may

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

enter into agreements with any railway company for

the sole, joint or several use of the railway or facilities, or any portion thereof,

the maintenance by the company of the railway or facilities, or any portion thereof, and

the operation of the railway or facilities, or any portion thereof.

Part III of the Canada Transportation Act, with such modifications as the circumstances require, is applicable to the exercise of the powers conferred by this section, but nothing in this section is deemed to constitute the Commission a railway company except for the purpose of subsection (2).

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.

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.

Except with the approval of the Governor in Council, the Commission shall not

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

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.

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.

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.

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.

Subsection (1) does not apply to parks or squares, to highways or parkways, or to bridges or similar structures.

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.

The Minister of Finance may out of the Consolidated Revenue Fund advance to the Commission such amounts by way of loan as are authorized by Parliament, subject to such terms and conditions respecting interest, terms of repayment and otherwise as are approved by the Governor in Council.

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.

The Commission may make by-laws for the conduct and management of its activities and for carrying out the purposes and provisions of this Act.

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.

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.

Where a vehicle is operated or parked in contravention of any regulation made under subsection 20(1), the owner of the vehicle is liable to the punishment prescribed by the Governor in Council for such contravention, unless at the time of such contravention the vehicle was not operated or parked, as the case may be, by the owner or by any other person with the express or implied consent of the owner.

Where a person is convicted for the contravention of any regulation made under subsection 20(1), the convicting court may, at the time sentence is imposed, order that person to pay to the Commission an amount by way of satisfaction or compensation for loss of or damage to property suffered by the Commission as a result of the contravention for which that person was convicted.

An order made under subsection (2) in respect of a person convicted for the contravention of any regulation made under subsection 20(1) may, on the filing of the order in the superior court of the province in which the trial of the contravention was held, be enforced as a judgment of that court.

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.

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.

The Auditor General of Canada is the auditor of the Commission.

All works of the Commission, whether constructed or executed before or after February 6, 1959, are hereby declared to be for the general advantage of Canada.

Notwithstanding subsection 105(4) of the Financial Administration Act, every person who was a director of the National Capital Commission immediately before the coming into force of section 54 of this Act by reason of that subsection shall cease to hold office on the coming into force of section 54 of this Act.

The following definitions apply in sections 217 to 220.

activity and event mandate means the organization, sponsoring or promotion of any public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, that will enrich the cultural and social fabric of Canada. (mandat en matière d’activités et de manifestations)

Commission means the National Capital Commission continued by section 3 of the National Capital Act. (Commission)

Every employee of the Commission whose functions relate to the activity and event mandate is deemed, on the day on which this section comes into force, to be a person appointed to a position in the Department of Canadian Heritage under the Public Service Employment Act and to be an employee as defined in subsection 2(1) of that Act.

Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures of the Commission related to the activity and event mandate and that is unexpended is deemed to have been appropriated to defray any operating expenditures of the Department of Canadian Heritage.

On the day on which this section comes into force, and to the extent that they relate to the activity and event mandate,

the Commission’s assets are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

the Commission’s obligations are assumed by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage;

permits, licences and other authorizations issued to the Commission are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage; and

permits, licences and other authorizations issued by the Commission are deemed to have been issued by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage.

Any action, suit or other legal proceeding to which the Commission is party that is pending in any court on the day on which this section comes into force and that relates to the activity and event mandate may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Commission.