Bill C-37 (Historical)

An Action Plan for the National Capital Commission

An Act to amend the National Capital Act and other Acts

This enactment amends the National Capital Act to
(a) modify the governance structure of the National Capital Commission and increase its transparency;
(b) clarify the National Capital Commission’s responsibilities, including those regarding planning and sound environmental stewardship;
(c) establish the boundaries of Gatineau Park;
(d) enhance the National Capital Commission’s regulation-making powers;
(e) remove the requirement that the National Capital Commission seek Governor in Council approval for real estate transactions; and
(f) harmonize that Act with the civil law regime of Quebec.
This enactment also amends the Official Residences Act to clarify the National Capital Commission’s responsibilities regarding official residences. As well, it makes consequential amendments to other Acts.

Action Plan for the National Capital Commission

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, I rise to speak to Bill C-37, An Act to amend the National Capital Act and other Acts. The Bloc recognizes the importance of improving the conservation of natural settings and the protection of Gatineau Park and property development. It considers, however, that the federal government must act with respect for the environment and the jurisdictions of Quebec, as regards the management of its land, for example.

In this vein, the Bloc would like to express a number of reservations. They concern, among other things, the matter of transportation and the powers of the National Capital Commission to designate parts of Quebec land a national interest land mass.

The Bloc supports efforts to make the National Capital Commission more transparent. And particularly so, as these measures echo recommendations made by the Bloc during the 2006 consultations when the commission's mandate was reviewed.

In addition, the Bloc decries the fact that the government did not include certain recommendations drawn from our 2006 brief on the review of the NCC's mandate, to the effect, first, that all activities, decisions and proposed development by the NCC within Quebec territory be first submitted for approval to the Government of Quebec and, second, that spending on one side or other of the river be shared equally by Gatineau and Ottawa.

Consequently, the Bloc is in favour of having Bill C-37 studied in committee as concerns Gatineau Park. This is an important site the NCC manages. With an area of over 350 kilometres, Gatineau Park is currently a federal park administered by the National Capital Commission. Unlike other national and provincial parks in Canada, the park has no legal protection, which makes it vulnerable to sales of its lands by the NCC.

Under an agreement concluded in 1973, the Government of Quebec transferred management control over 5,060 hectares of land belonging to Quebec situated within Gatineau Park to the federal government, in perpetuity, according to the two orders in council accompanying the agreement. The agreement concerns some 17% of the park lands. Despite the transfer of the right of management, the Government of Quebec continues to view itself as the sole owner of these lands.

Certain concerns should be raised regarding, among other things, the matter of transportation. In the section on the NCC's mandate, a new provision concerning the objects and purposes of the commission is causing concerns. The bill proposes powers under the objects and purposes of the National Capital Commission with respect to transportation in the region. To the Bloc, it is clear that responsibility for the development of Quebec land in the federal capital and elsewhere belongs to the Government of Quebec. The same is true in the case of transportation.

The Bloc Québécois believes that federal government legislation and policies should be amended so that all activities, decisions and proposed development by the National Capital Commission within Quebec territory should first be submitted to the Government of Quebec for approval.

With respect to transferring financial resources, the Bloc Québécois does not agree with a number of the National Capital Commission's objectives, particularly those concerning the development of a national identity, it goes without saying.

We recognize that the Outaouais region will benefit from planning and we understand that Canadians want to revitalize the area surrounding the federal seat of government. All the same, we believe that all planning activities should occur under the direction of the Government of Quebec.

As to the national interest land mass, which is a very touchy, important and sensitive issue, the bill introduces new sections authorizing the National Capital Commission to designate some lands as being of national interest. In clauses 10.2 and 10.3, the federal government is proposing nothing less than to give the National Capital Commission the power to acquire lands deemed to be of national interest. As soon as such lands come under the ownership or management of the National Capital Commission, it becomes responsible for planning their use. The Bloc Québécois recognizes the importance of protecting Gatineau Park from building development, but that protection must respect the integrity of Quebec territory.

With respect to the boundaries of Gatineau Park, these are defined for the first time in the legislation. Although this is a positive step, the Bloc Québécois wants to hear what experts have to say about the boundaries and will make sure that they correspond to those recognized by the Government of Quebec.

In the interest of transparency, the bill makes a number of changes to the National Capital Commission's operating procedures, that is, how the federal organization makes decisions. For example, the bill requires the commission to hold four open meetings per year. That was one of the demands in the Bloc Québécois' 2006 brief, and it will make the commission more transparent. Furthermore, at least every 10 years, the National Capital Commission must submit a master plan to the governor in council, who will in turn submit it to the House of Commons following approval.

These provisions are a step in the right direction. The Bloc Québécois would have liked to have seen another provision about the equitable appointment of commissioners, as stated in the brief I referred to earlier. It is important to understand the terms. We asked that:

“national capital region” commissioners representing Quebec be as numerous as those representing Ontario, and that Quebec be guaranteed one quarter of the commissioners from outside of the “national capital region”.

Some of the additional recommendations contained in the Bloc Québécois 2006 brief on the National Capital Commission review were not included in the government's bill and that is deplorable. Here are a few that could have been included in this bill.

With respect to the integrity of Quebec's territory, and based on the fact that the current government has promised to respect Quebec's jurisdictions, the Bloc Québécois expects all activities of the National Capital Commission concerning Quebec to be subject to the approval of the Government of Quebec.

Although the federal government and the National Capital Commission consider the Outaouais and the Ontario side as a single entity, we consider Gatineau and Ottawa to have their own identity and interests and the National Capital Commission must recognize that the Government of Quebec and the City of Gatineau, on the Quebec side, are better positioned to meet the needs of their citizens.

The Bloc Québécois believes that the federal government and its agent, the National Capital Commission, have the obligation to respect the integrity of Quebec's territory, both in terms of the land mass and the exercise of power.

The federal government's law and policies should be amended to ensure that: the federal government ceases to dispossess Quebec of its land; the National Capital Commission does not have the right to proceed with expropriations; all National Capital Commission activities, decisions and development projects on Quebec territory are to be approved by the Government of Quebec in advance; all board meetings of the National Capital Commission are to be held in public.

The Bloc Québécois believes that the federal government and its agent, the National Capital Commission, must formally undertake to equitably share their expenditures between the cities of Gatineau and Ottawa on the basis of population.

The Bloc Québécois will vote for Bill C-37 so that it can be studied in more detail in committee.

Gatineau Park is an extraordinary place and very beautiful. It deserves to be visited and better known. In the very distant past, the Champlain Sea came this far and one of the banks where its waves crashed was Gatineau Park. When we visit Champlain Lookout, we can see how vast and deep the Champlain Sea might have been.

There is also Lac Philippe, the picnic places and Pink Lake, which is remarkable for the fact that there is no oxygen in its depths. It is highly valued by scientists, who can conduct some of the rarest studies in the world here. There are also the bicycle paths, the hiking trails, and the places where families can go with their children to admire and appreciate nature in a safe environment.

As a result of the various eco-climates in Gatineau Park, trees as rare as the ironwood can be found. It used to be prized by locals when the forest industry was still cutting down trees here. Ironwood was used to make axe handles. It is very rare nowadays, and the members of all parties and all the people in the world should get to know and appreciate the micro-climates to be found in Gatineau Park.

Many people enjoy the cross-country ski trails in the winter. They have places along the trails where people can stop and eat something they have brought along. A wood stove is provided. People can get warm in these enclosed places and enjoy their skiing all the more. My students and I did some winter camping in Gatineau Park. We could spend the night in the quinzhees and continue our skiing the next day on the well-groomed trails.

The animals are also very interesting. There is Kingsmere too. You know just what I am talking about, Mr. Speaker. It was the cottage of none other than William Lyon Mackenzie King, the former Prime Minister of Canada. If I am not mistaken, you invited parliamentarians to visit it last night. It really deserves a visit.

We all know—

[The Speaker, Peter Milliken]

Order, please. I am sorry to interrupt the hon. member, but there is someone here.

The House resumed consideration of the motion that Bill C-37, An Act to amend the National Capital Act and other Acts, be read the second time and referred to a committee.

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, I understand that we had to deal with some business of Parliament, but now I will continue.

If I am not mistaken, Mr. Speaker, I had got to the Kingsmere estate, which you are familiar with because as Speaker of the House of Commons, you occupy one of the residences there, which is maintained by the National Capital Commission. It is also an interesting place because the former Prime Minister of Canada, Mackenzie King, built residences there out of material he inherited from his grandfather, who was the leader of the Reform Party in Ontario, in Upper Canada, at the time of the 1837-1838 rebellions. We will recall that the Reformists in Upper Canada and the Patriots in Lower Canada worked, each in their own way and with their own people, to bring democracy to the people they represented, Upper Canadians and Lower Canadians. We know that the British Empire was familiar with the formula which it applied at home, but refused to allow real democracy to be instituted in a straightforward, honest manner.

So Prime Minister Mackenzie King’s grandfather was one of those leaders, as Louis-Joseph Papineau, an important figure, was for Lower Canada. It is interesting to note that Montebello, where Louis-Joseph Papineau spent the last 20 years of his life, is not far from Gatineau Park, in terms of relative distance when we compare them today.

It also has a very interesting lake, not only in terms of its views and what it is used for, but also in political terms: Meech Lake. We all know that the Bloc Québécois first came into being in the Outaouais. As they say, truth emerges from the clash of ideas. The Meech Lake accord was first signed by all of the premiers on Quebec’s national holiday, June 24, 1987, on the shores of Meech Lake. Prime Minister Brian Mulroney had invited all of the provincial premiers to work out a way for Quebec to become part of the Constitution that had been patriated so incongruously—to put it mildly—by then Prime Minister Pierre Elliott Trudeau. Meech Lake saw the start of a great debate, all across Canada, all across Quebec. On June 23, 1990, the three-year-old agreement finally crumbled. We know the political dealing that took place at that time. Five demands had been put to Canada by Quebec, for it to sign on to the patriation of the 1982 Constitution. I would mention in passing that it was never signed, and since that time a majority of the members representing Quebec in the House of Commons have been from the Bloc Québécois.

I tell this story by way of saying that inside Gatineau Park itself, in this magnificent spot, is a place of great political significance to the Bloc Québécois: Meech Lake. It is worth making the trip, to go and walk on its shores and even go swimming, just as one might in Lac Philippe.

That said, the Bloc Québécois reiterates its position: we are going to vote in favour of Bill C-37 so that the National Capital Commission can enter the 21st century.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, I listened carefully to the comments of my colleague from Gatineau. Since we have both worked on several files which come under the responsibility of the National Capital Commission and since we have some time left, I would like to ask him a few questions.

My first question is about the important role played by the National Capital Commission with respect to integration and urban planning in the national capital region on both sides of the river. Is my colleague satisfied with the powers and responsibilities of the NCC vis-à-vis this role of creating cohesion between both sides of the river with regard to urban planning and land-use planning? Is he satisfied with the powers and the role it has?

Second, I would like to know if he is satisfied with the way the NCC carries out this work presently? If not, what would he like to see corrected in the work of the NCC?

If I have some time left after his answer, I will ask him another question.

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, I salute my colleague from Ottawa—Vanier, who was once president of the Student Federation of the University of Ottawa, where I also was a student and where I also tried to be elected, a few years after his mandate, not as president, but as a member of the executive. Although I lost the election at the time, I am happy that we can both be members of Parliament here today. Therefore, I salute my colleague, who is originally from Mattawa.

Here is my answer to his very pertinent question. To begin with, land use in Quebec is a matter for the National Assembly of Quebec to decide. Also, the City of Gatineau knows best how the land should be used in the interest of all of its population. I agree that there can be some degree of coordination due to the creation of the National Capital Commission, which was in 1959, the year I was born. Cohesion and coordination always are useful.

Now, we must never forget, and this element is missing from the bill, that the integrity of the Quebec territory must be respected.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I listened to the member with interest. He pointed out that he would want to make certain that a fair distribution of projects would exist between Ottawa and the Gatineau area. I think we can all agree that we should encourage that not all the development should occur on one side or the other, that there should be a good balance between those.

However, the minister indicated that under the new bill we would not need cabinet approval for real estate acquisitions. Could that be of some concern as well? Now that we are relying on the commission to make decisions, we are putting a lot of trust on it. In addition, the whole area of the green space is a big interest to my colleagues in the NDP. We want to ensure that green space is protected at all costs. We would not want to see the development and diminution of the green space over time.

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, I thank my colleague from the New Democratic Party for his question. Certainly, people have been asking for this for a very long time. Taxpayers' money should be spent fairly by the federal government. That is a basic principle. In the Gatineau-Ottawa region, there must be a 25/75 distribution if we are to reflect the population distribution fairly. We know that 25% of the population of the greater federal capital region is in Gatineau and 75% is in Ottawa. We do not want more than that, but we certainly do not want less. This is very important in the case of the National Capital Commission.

A great deal of Quebec land has been included. That is very important. The environmental aspect is also important. We are in favour, but the environmental laws of Quebec must be respected.

Let me come back to the topic of highway development. When the building of new bridges is considered, where the two cities, the governments of Ontario and Quebec, the federal government as well as the National Capital Commission are involved, the process is very cumbersome. With coordination, we can usually get results.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, my colleague raised the question of bridges, an issue that concerns us deeply in this region.

As we all know, there is a proposal in the works to build at least one more bridge in order, we hope, to one day be able to get heavy trucks out of the downtown core of the national capital.

My question relates to the potential construction of a second bridge, which could allow us to create a ring road around the national capital region.

I would like to hear my colleague's thoughts and his point of view on the existence of a ring road around the national capital region in the future. A ring road would allow us to effectively manage traffic in the region.

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, first of all, since I have lived in both Saskatoon and Regina, cities that have ring roads, I think it is an excellent idea. In fact, ring roads help unclog the cities. They also give better access to specific areas of the city.

However, I will start by addressing the first point. The National Capital Commission presented three possibilities: a bridge linking the Canotek industrial park on the Ontario side with the Gatineau airport; another possibility with Lorrain Boulevard on the Gatineau side; and also Kettle Island around Manor Park on the other side of the river.

Since 1951-52 when the Gréber plan was implemented, Gatineau has worked towards building a bridge at Kettle Island. Unfortunately, the City of Ottawa has not done its part.

Where does that leave us? We will have to wait three or four years to see how things will turn out. Nonetheless, the bridge issue is fundamental, and we must consider the work done by the people of Gatineau and the Quebec ministry of transportation to widen Montée Paiement Boulevard in order to build a bridge at Kettle Island. We must remember that this work has been done. We know that it is currently being examined as one of the options for a future bridge.

That said, it is smart to think about a ring road. It is a way to get around. But we must look at the work done by the different partners, since there are a number of partners in this project.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, we know that Gatineau Park has been affected in recent years by golf course development and the construction of highways through the park.

Does the member believe that this bill will protect everything in Gatineau Park, which is a jewel?

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, that is the reason we want Bill C-37 to be referred to committee. We want the legislation to include guarantees, and we want the land in Gatineau Park to be protected to the same extent as the integrity of Quebec's territory, for which the National Assembly of Quebec and the City of Gatineau are responsible.

The committee will have to work very hard to ensure that such protection is in place.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I want to thank the government for bringing this bill forward. I think this is a bill that will need some study at committee. It is a bill that will require us to hear witnesses. However, I want to thank the government for bringing forward a bill that will do what I think many of us want to see done.

Gatineau Park will actually be protected. The park will be given the proper designation. It will have someone who is going to be a steward to make sure that this park is there for generations. I also want to acknowledge a number of people who were the driving forces behind this bill getting to this place so that we will hopefully have protection for the park.

I want to acknowledge my predecessor, Ed Broadbent, who brought his private member's bill forward to do what this bill is attempting to do, which is protect Gatineau Park. After Mr. Broadbent's retirement, I was able to get the confidence of the people of Ottawa Centre and be elected to the House of Commons. I brought this forward as my first private member's bill and have since brought it forward to this Parliament after the last election. Some changes have been made, but it is essentially the same design.

I brought forward two bills. One was Bill C-207, which was to reform the NCC, and Bill C-367, to protect Gatineau Park. The government has done some good things in its bill that have brought these two component parts together.

I would hope that certain amendments are considered, but a good thing about the bill is that it opens up the National Capital Commission board meetings to the public. That is something that had been long overdue. It sounds strange to be saying that in 2009, but for far too long the NCC did its business behind closed doors.

The bill will also legislate boundaries for Gatineau Park. It may be strange to know that, prior to this, there were no boundaries for Gatineau Park. In fact, most Canadians would not have been aware of that. Indeed, people who have lived their whole lives in this region would not have known that there were no boundaries. Now, we have that and those are good things.

There are a couple of things I would like to see and I will enumerate those. We can certainly bring these to committee. In Bill C-207, that I brought forward on the reformation of the NCC, I recommended that we reduce the number of people on the board to make it a little more functional and hands on, and that we ensure that there would be city councillors from both the Gatineau side and the Ottawa side, nominated by the respective councils and represented on the board of the NCC.

Right now we do not have a democratic representation on the board. There are appointments made by governor in council. I thought this would be a smart thing to do. Consultations that I held here in the community recommended that we have someone who represents the interests of the people in the region, from the council perspective in both Gatineau and Ottawa. It would also still have people who were appointed to make sure that the national view was incorporated.

I also wanted to make sure, and this is connected to Bill C-367, my private member's bill on Gatineau Park, that we not only legislated the park boundaries as is contemplated in this bill but give it the same protection as a national park, so that no new developments or encroachments on the park would take place without the approval of Parliament. That is a very important piece. It is not in the bill and I hope that we can amend the bill to do that.

Gatineau Park is an incredibly important piece of our country's history. It is the residence of the Speaker and a former residence of one of our prime ministers. Interestingly enough, it was one of the first parks that was to be contemplated as a national park. Yet, because of reasons I will get into in a little bit, it was never able to achieve its right as a national park.

It was created back in 1938, as we know, but its history goes much further back than that. It was a very vibrant place for logging and other industry. It was a place, however, that people knew from the beginning, going back to 1912, that there needed to be some protection. There were park officials who said, “Look, we have to keep an eye on the development here. There's some industry happening”.

There were deep concerns around forest fires and how that related to industry, and the fact that the actual park itself might not be around without protection. Over many years and the persistence of people in the area, there was a push on the government of the day to contemplate protection.

Interestingly enough, and I will get back to the point of the former prime minister, it was his concern that it would be seen to his benefit because of his residence there. He did not want to be seen as having put a national park there. He did not want to be attacked by the opposition parties of the day. So it was left unprotected.

There were many studies. Sparks Street, just down the way, is actually named after Percy Sparks. Percy Sparks was with the Federal Woodlands Preservation League. He was someone who was very clear about the need for protection. In fact, one of the recommendations that he made to the government of the day was to make sure that there were boundaries and protection but for reasons, as I mentioned, of politics. However, it was never actualized.

There had been great work done in the Rockies to protect natural green space, but we were not doing it in the foothills beyond Parliament. However, over time there were considerations about how to protect the area. By and large these ideas worked and they were considered by many as a workable solution.

The development encroachment of recent years has stressed the park, be it through roadways that were built or through the development of recreation that was not really sustainable. People have been kind of chipping away at developing the park. It was very clear to many that the park needed protection.

We know that green space is limited. We know that the habitats that exist there are very diverse, the flora and the fauna. We know that when we talk to people from the Sierra Club, CPAWS, and the Friends of Gatineau Park, these groups have been extremely active in making sure that there is protection for the park. All have done inventories of Gatineau Park. It is one of the most diverse areas that we have in the country. The biodiversity there is extremely important. There is a very vibrant fish habitat.

However, if industry and development are allowed to encroach upon habitat, and we do not put in sufficient protections, then we will see that lost.

One of the things we need to note about Gatineau Park is that it has done a very good job. People have done a very good job of keeping a balance with the exception of the development that I mentioned. Right now in Gatineau Park there are recreational opportunities and people are able to enjoy the park as a leisurely place, but there are also people who are interested in biodiversity and protection who want to ensure that we do have some diversity and protection of the green space. Without protection of the park, without legislative protection of the park, it will be lost.

Growing up in this city, it was common practice for us to get on our bikes and go up to Pink Lake and some of the other lakes and go for a swim. It would take us about 35 to 40 minutes on our bikes and enjoy pristine nature. I have seen that change since I was a kid. We need to ensure that the beauty of the park and the diversity of the park is kept. Without protection, without legislative protection, and without resources, that will not happen. The pristine beauty and the opportunities I had when I was growing up will not be there for my children or grandchildren unless we protect the park.

When we look at what is in the bill, there are extremely important components to protect the park. One of the things that is important to note, and I give some credit to the NCC, is that recently CEO Madame Lemay and Russ Mills, as the chair, are looking at opportunities to acquire land to ensure that we grow the park. As I mentioned, we have seen development chip away at the park. Recently, there has been an acquisition of lands. That must be a mandate for the NCC. We must make sure that the park grows and is protected. We must make sure that the kind of development we saw in the past does not happen again.

When we consider the protections that are contemplated in the bill, there must be a balance by making sure that the park grows, making sure that people can use the park for recreational purposes, making sure that the biodiversity is protected, and making sure there is a plan for the future. Those component parts must be realized by the bill.

While many from outside the region would be surprised that Gatineau Park is a park, they may say to go ahead and provide it with the protection it needs. We must appreciate that this is a very diverse place, that it needs strong protection. This has to be thought out well and that is why it is important that we send the bill to committee.

I began my speech by mentioning the fact that I was giving credit to the government for bringing the bill forward and there was applause from the government side. When we get things right, let us mention it.

What needs to be done at committee is to look at those component parts I just mentioned. We need to look at biodiversity and the environmental interests of the park and ensure they are going to be protected. We must ensure that we have the necessary structures in place to be sure that happens. We must ensure that the recreational opportunities are there for people, and that we ensure that the biodiversity is going to be there and that we grow the park.

If we look at what is happening around the world and certainly across the country when it comes to green space, we need to reclaim green space and grow parks. We have had numerous decades where we have just used our green space in ways that have not been helpful.

That is why it is incredibly important that this go to committee, to hear from witnesses to ensure that we can make this park continue not only the history that I mentioned in the short time I had but to make sure that it is going to protect the biodiversity that is going to ensure the future of the park. We must ensure there are mechanisms in place for many, many years.

I want to close by saying that too often in our country we do not preserve our history. We forget the past. With this bill and with this park preserved we will preserve our history and protect the past. We will also look to the horizon and the future to make sure that we do the right thing, preserve the biosphere that is Gatineau Park. It is one that is worth preserving to make sure that this is something for all to see. When my children, grandchildren and others visit the park in the future, they will know we did the right thing with this bill. We protected the park. We protected our history and we protected the environment that is so pristine.

[The Acting Speaker, Barry Devolin]

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from June 18 consideration of the motion that Bill C-37, An Act to amend the National Capital Act and other Acts, be read the second time and referred to a committee.