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.

An Action Plan for the National Capital Commission

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Mr. Speaker, I listened attentively to the remarks by my colleague from Ottawa—Vanier. They reflect his wisdom and planning.

He touched on an important matter when he spoke of the administration of the bridges in the National Capital Region. As we know, the NCC currently administers the Champlain and Portage bridges. The Chaudière and the Alexandra, better known as the Interprovincial, and one third of the Macdonald-Cartier are administered by Public Works and Government Services Canada.

I would like my colleague to tell me, given that the government wants the National Capital Commission to be involved in the planning, whether he thinks it wise for the five existing bridges and future bridges to all be under the administration of the National Capital Commission, with appropriate funding, of course.

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

Mr. Speaker, it is obvious that management should always be made as simple as possible. The fact, though, is that a number of bodies are responsible for the bridges in the same region. There is another bridge too that could be included, although it is used by trains and not vehicles. It is obvious that we need to be consistent if we want sound management of all the various elements in the network of roads—including the bridges in the National Capital Region—and if we want to give the National Capital Commission a certain ability to plan transportation, something that is desired in the bill and that I very much support. If a piece of road heads for the river but stops there because there is no bridge, it is hard to get across. The road system is therefore far from complete. It would be logical for the National Capital Commission to manage all the bridges and have the credits it would need to do so.

[Royal Galipeau, Conservative, Ottawa—Orléans, ON]

Mr. Speaker, getting back to the question on the protection of the environment, I would like to assure the hon. members for Ottawa—Vanier and Hull—Aylmer that the protection of the environment is just as important on this side of the House as it is on theirs.

The government will ensure that the NCC is carrying out its responsibilities to manage the environment by examining its annual report and business plan, which are submitted each year for approval by the Governor in Council. In addition, the government will ensure that the NCC carries out its obligations to manage the environment by examining and approving its 50-year master plan.

I will also invite the hon. member for Ottawa—Vanier to talk these things over a little with me after this session. We will find ways to improve the bill.

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

Mr. Speaker, I would have liked to hear these words from the minister because that would mean they were coming from the government.

I have another problem with what I just heard. The 50-year plan mentioned in the bill will be adopted or approved solely by the Governor in Council. First of all, the House will therefore not have a chance to address the famous plan mentioned here, and second, there is no mention in the bill of the ecological integrity of the Greenbelt. So there is an inconsistency here.

If the government is serious, which I do not doubt, one of the government ministers or a parliamentary secretary who can speak on behalf of the government needs to make a statement like this.

With all due respect, my colleague knows what I am talking about. It is the Governor in Council who has to speak out. So far, the Governor in Council has not confirmed what my colleague across the way just said. If the Governor in Council wants to confirm it, I think the situation would be better than it is now.

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.

Action Plan for the National Capital Commission

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I will be sharing my speaking time with my hon. colleague from Lévis—Bellechasse.

By introducing amendments to the National Capital Act, the government is presenting an action plan for the National Capital Commission. The National Capital Commission and its predecessors, the Ottawa Improvement Commission and the Federal District Commission, are part of a planning and building legacy of over 100 years.

Over time, the mandate and tools that Parliament gave to the NCC have evolved to reflect current issues. For instance, in 1969, the mandate of the NCC was expanded to encompass implementation of a new policy for increased presence on the Quebec side of the Ottawa River. In 1988, the NCC was given the additional responsibility of organizing, sponsoring or promoting public activities and events in the national capital region.

The NCC is the largest federal landowner in the national capital region. It owns 470 square kilometres of land, including Gatineau Park, the greenbelt, 2,100 hectares in the urban area, 40 kilometres of parkways, 170 kilometres of recreational pathways and some 1,300 buildings, 63 of them being heritage properties. The NCC also owns and operates six official residences in this region.

Given the important mandate of the NCC to plan the development of the capital region and maintain the assets under its custody, Parliament decided many years ago that the NCC should be subject to more government oversight with respect to its real estate transactions. We have to realize that this was at a time where government was smaller and ways of conducting business in general were different.

However, times have changed and the current thresholds set out in the National Capital Act are such that virtually every real estate transaction that the NCC seeks to enter into requires Governor in Council approval. This is not efficient for a crown corporation that is expected to operate at arm's length from government and as much as possible like private entities.

Not only does the requirement for GIC approval affect the NCC's ability to quickly seize business opportunities, it also prevents private companies from making good use of NCC's properties in a timely fashion so they can also contribute to making the capital a vibrant place.

That is why this government proposes in Bill C-37 to remove the obligation for the NCC to obtain GIC approval of each real estate transaction.

Appropriate oversight of the NCC's operations, including its real estate transactions, presently exists through Governor in Council approval of its annual corporate plan. The NCC may decide to designate any property as part of the national interest land mass if the property is considered to be essential to the long-term character of the national capital region.

The NCC is not required to seek the approval of third parties or other levels of government in order to designate properties as part of the national interest land mass.

The independent panel that reviewed the mandate and functions of the NCC reported that the nature of the national interest land mass and the process that underpinned its delineation have been shrouded in secrecy and raised several questions, including criteria used to designate properties. Similar concerns were raised in the Auditor General's 2007 special examination report of the NCC.

That is why Bill C-37 provides a process for greater transparency and predictability in the national interest land mass process. The bill introduces a definition of “national interest land mass” and requires regulations governing the relevant criteria and process. This would enhance the oversight of the NCC by having regulation-making powers in the act regarding these criteria and a process subject to public consultations in accordance with the usual regulatory process. Obviously the NCC could not effect the management, development, conservation or use of those properties if it did not own or otherwise control them.

In previous speeches made in this House regarding Bill C-37, some comments were made regarding the regional representation on the NCC's board of directors. The National Capital Act already requires certain representation from Quebec and Ontario as well as from other regions of the country. More specifically, other than the chairperson and the chief executive officer, two members of the NCC board must be residents of local municipalities in Quebec, including one from Gatineau, and three members must be from local municipalities in Ontario. The act allows for an additional eight members from elsewhere in Canada, including places in Quebec and Ontario outside the national capital region to be appointed to the NCC board. Bill C-37 maintains the representation of local municipalities in Quebec and Ontario to ensure adequate representation of other regions across the country.

The government takes the matter of effective governance of crown corporations seriously. Through the GIC appointment process, the government ensures that individuals appointed as chairs meet the selection criteria and that the directors appointed meet the needs of crown corporations, based on advice received from the board of directors. The NCC is no exception.

The proposal that municipal councillors be on the NCC's board has not been adopted, since their participation could lead to potential conflicts of interest and the need to recuse themselves. This would render such appointments ineffective.

While the views of local residents are taken into account, given that the NCC's decisions often have an impact on people living in the national capital region, the main focus of the NCC has to remain the building of a great capital for our country.

An important component of the government's action plan for the NCC is the efficient protection of Gatineau Park. Among other measures, Bill C-37 proposes to oblige the NCC to give due regard to maintaining the ecological integrity of Gatineau Park. Although not defined in Bill C-37, the term “ecological integrity” is defined in the Canada National Parks Act as “a condition that is determined to be characteristic of its 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”.

There is enough already enshrined in legislation to say that what is proposed in Bill C-37 sends a pretty clear signal to the NCC of Parliament's expectations on how Gatineau Park is managed.

Gatineau Park is not the only fabulous green asset we have in the national capital region, and this is why Bill C-37 also proposes to clearly add the obligation for the NCC to manage its properties in accordance with the principle of responsible environmental stewardship.

All in all, Bill C-37 proposes amendments that address issues that have been voiced in the last few years and updates the NCC's enabling legislation to ensure it can continue to build and maintain a great capital that fully reflects the beauty of our country as well as its cultural and natural diversity.

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

Mr. Speaker, I will ask the member for Glengarry—Prescott—Russell the same question that I asked the member for Carleton—Mississippi Mills.

Would he support an amendment to this bill that would address the concerns of many citizens vis-à-vis the greenbelt? That is, if there were an amendment proposed that would ask that the ecological integrity of the greenbelt also be protected, and not just of Gatineau Park, would he, as parliamentary secretary, support that amendment?

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, I understand the hon. member's concern in this respect.

As I mentioned in my speech, the National Capital Commission is obligated to oversee the environmental integrity of both Gatineau Park and the green space. It is called the green space.

This bill will go through its normal process. It will go to committee, and if there is an amendment to be made, I would ask my colleague to make that amendment or make it through his colleagues who are sitting on that committee. I would have to see the wording of the amendment before I would comment. Listening to the intent and the spirit with which my colleague is speaking, I would not be adverse to it. Again, I would have to see the wording before I could commit to whether I would be able to support that amendment.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, I wish to congratulate the member for Glengarry—Prescott—Russell on his defence of a bill to modernize the legislation governing the National Capital Commission.

Listening to the opposition, the thought crossed my mind that we have not had an opportunity like this in a long time to finally pass legislation that will modernize the NCC and bring it up to date.

Are we not putting the cart before the horse by talking about amendments already? It is important to get this bill through the House first. Does the member agree that it is important for those who want to move forward on this bill to vote for it in this House?

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, as my colleague mentioned, the intent of this bill is to upgrade, modernize and increase the transparency of the act to make it more accountable, to modernize the NCC in carrying out its roles and responsibilities. This will follow the normal process of bills of this nature, being first reading, second reading, to committee and back to the House for final reading.

I would encourage my colleagues on all sides of the House, from all parties, to support this important bill.

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, in the parliamentary secretary's own remarks, he acknowledged that the term “responsible environmental stewardship” is not defined in this act. He went on to say that “ecological integrity” is defined in the Canada National Parks Act, and he read its definition.

Number one, why did the government change the terminology from what is commonly understood to be sustainable development to responsible environmental stewardship, as the government did, for example, in the defining and enabling legislation for Natural Resources Canada, which was considered to be a serious watering down of environmental standards across the country?

Second, how does he propose, as a legislator, to instruct the management of the NCC in its ecological integrity responsibilities? What exactly is it going to be using as a baseline if responsible environmental stewardship is not defined and ecological integrity is outside the ambit of his act?

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, we spoke about ecological integrity, and I gave its definition as contained in the Canada National Parks Act. As I mentioned, I feel that definition provides ample information to the NCC on how to carry out that responsibility.

I hear from the opposition that it wants such detail inserted into this act that we would not actually need a National Capital Commission; it would all just be regulated by the act.

We have to invest our confidence in the decision-making abilities of the National Capital Commission and we have to ensure that the right people, with the proper qualifications, sit on the board of the commission so they can make the right decisions.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, I am pleased to have the opportunity to talk about the action plan for the National Capital Commission this afternoon.

I am very proud of the Minister of Transport, Infrastructure and Communities for taking action on this issue. He helped us all recognize the strategic importance of the National Capital Commission. Our capital, which belongs to all Canadians, is world-class.

I think that this bill is a good one because it will modernize the institution. Its many strong elements include recognition of the boundaries of Gatineau Park and a strong stance on the need for responsible environmental management. It also contains a comprehensive governance regime for the board of directors and provides for governor in council approval of the master plan. These measures are all the result of consultations. We consulted stakeholders and now we are moving forward. For 13 years, the previous government failed to act on this issue. Now, those members have a chance to work with our government to modernize the National Capital Commission, to make it fully operational and to ensure that it meets present-day needs.

This afternoon, I listened to opposition party members. I suppose it is easy to criticize for the sake of criticizing, to nitpick and stall. We all understand the spirit of this bill. There can be no doubt that this bill will modernize the National Capital Commission. We believe that it should be passed and referred to committee. If it needs improvement, we will improve it. This is our chance to get things done. That is what we were elected for: to make things happen. That is why we are taking action.

By introducing amendments to the National Capital Act, our government is presenting its vision for the future of the National Capital Commission, a vision that will enable Canadians to benefit from the commission's lands and properties now and for years to come. We are acting to support the commission's viability and transparency, to protect Gatineau Park and to prepare this important institution for the challenges and opportunities to come.

The National Capital Commission is an important institution in overseeing our nation's capital. However, it is not unique. Other countries also have similar institutions. For instance, in the United States, the National Capital Planning Commission is designated as the central planning agency. Quebec also has its own Commission de la capitale nationale and Australia has the National Capital Authority, which is responsible for planning and development in the nation's capital, Canberra. It is also responsible for the upkeep of public spaces that Australians can visit. Thus, these are all institutions that enhance the national character of the capital and ensure that people from all over the country are proud when they come here to visit Ottawa.

Certain individuals have played a key role in making Ottawa a truly modern capital, in every sense of the word. My hon. colleague from Ottawa—Orléans mentioned the architect Jacques Gréber, who developed the plan for Canada's national capital region in 1950. His report proposed a series of measures to improve Canada's capital. Mr. Gréber proposed the creation of a scenic parkway and a greenbelt, the restoration of shorelines and the expansion of Gatineau Park. The interesting thing about this is that it affected two provinces, the two founding nations of our country.

A large portion of the lands in Gatineau Park belonged to the Government of Quebec, but in 1973, the province agreed to transfer the administration of those lands to the federal government to create Gatineau Park. Our actions will protect the park's boundaries and encourage environmental stewardship. The National Capital Commission is also responsible for other important areas in the region. Every year the National Capital Commission fulfills its duties. As chair of the Standing Committee on Official Languages, I can assure this House that the NCC is doing an excellent job in that area. Its contribution to the linguistic duality of the capital serves as a model for others.

Let us turn our attention to the greenbelt. What is the greenbelt? The greenbelt brings together several pieces of land along the Ottawa River on the Ontario side. It covers nearly 20,000 hectares of green space, including farms, forests and wetlands.

These lands allow people to discover their rural roots and natural heritage and are a place where sustainable agriculture and forestry can be practised.

What is interesting about the bill being debated this afternoon is that we will be strengthening the regulatory powers and the enforcement regime of the National Capital Act. The bill contains the basis for improved protection of the greenbelt through an environmental regulatory framework.

Think of the properties managed by the commission. We have the Rideau Canal, which stretches over 200 kilometres and was built in the 19th century to link Ottawa to Kingston. In June 2007, the Rideau Canal was designated a world heritage site by UNESCO, the United Nations Educational, Scientific and Cultural Organization.

Members will recall that Quebec has a representative at UNESCO. This is another fine achievement by our government and a prime example of our open federalism.

UNESCO highlighted the historical importance of the Rideau Canal in the fight for control of the northern section of the North American continent.

In winter, a second section of the Rideau Canal measuring almost eight kilometres and equivalent to 90 Olympic-sized skating rinks is transformed into a skateway—the great Rideau Canal skateway. The Guinness Book of World Records has recognized it as the world's longest skateway. It is a place to celebrate the joys of winter in Canada.

The Mer Bleue Conservation Area is located east of Ottawa. A boardwalk protects the acidic water and the bog that shelters unusual species of trees and other plants. In 1995, the area was designated a wetland of international importance under the Ramsar Convention, a treaty for the conservation and wise use of wetlands.

Other properties found in the greenbelt are Commissioner's Park, where there is a display of over 100,000 tulips each spring, and Bate Island on the Ottawa River.

The National Capital Commission is responsible for a very large area—over 58,000 hectares, in fact—spanning a number of different sectors. These green spaces are home to a variety of ecosystems, habitats, plants and wildlife.

Canadians recognize the importance of protecting green spaces and other properties managed by the National Capital Commission. Environmental groups and parliamentarians have certainly shown interest in preserving National Capital Commission properties, in particular Gatineau Park. However, the current National Capital Act does not address the importance of maintaining the integrity of these ecologically sensitive areas.

This bill makes it clear that ecological integrity, in particular when it comes to Gatineau Park, is a major concern. This is what came out of consultations with stakeholders. Our government is proposing changes to the National Capital Act in order to better protect the commission's properties. A new provision would be added to require the commission to manage all of its properties in accordance with the principles of responsible environmental stewardship. That would apply to Gatineau Park as well as the greenbelt.

The commission will have a great deal of responsibility with respect to governance, and that will allow for better monitoring of management of its powers for possible approval by the Governor in Council.

I must stress that this bill would make it possible to preserve the ecological integrity of Gatineau Park. These changes would go a long way toward ensuring the sustainability of National Capital Commission properties, and environmental sustainability in particular.

This is our opportunity to modernize the National Capital Act. We are reaching out to the opposition parties because we want to work with them on this. Obviously, it is easy to criticize and complain. But this time, they have a chance to do something tangible to modernize the National Capital Commission. I urge them to support the bill and to send it to committee. Then, parliamentarians will be able to examine the details of the bill. We could make it better, to ensure that we have a National Capital Commission backed by contemporary legislation that meets the needs addressed in our consultations.

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

Mr. Speaker, I am not quite sure what I heard from my colleague on the other side of the House, but I think that I understood him to want the bill to be sent to committee quickly to have amendments proposed, which he might or might not support. There are a few points that should be amended in my opinion, and I would like to know what he thinks.

Clause 3.1 of Bill C-37 reduces the number of commission members from 15 to 14. I would like to know whether he would agree with us when we likely submit an amendment to have an uneven number of members, perhaps 15, or to give the chairperson the deciding vote. With 14 votes split evenly, a decision would not easily be made.

Clauses 3.1 and 8 confirm the abolition of the commission's executive committee. This government's accountability act, Bill C-2—as we remember—provided in clause 288 for the formation of an executive committee of the National Capital Commission. There is a contradiction. So, we will have to see with my colleague whether he would be prepared to accept amendments to correct these errors.

[Steven Blaney, Conservative, Lévis—Bellechasse, QC]

Mr. Speaker, I thank the member for Hull—Aylmer for his question. Indeed, the bill provides for a reduction in the number of members of the board of directors from 15 to 14. And 14 is an even number. So, when there is a vote, what will happen in the event of a tie vote?

I want to reassure my colleague opposite. Indeed, the board of directors in its new form, as we propose it, will include 14 members, and the chief executive officer will no longer be a member of the board. This change consolidates the oversight and the accountability of the National Capital Commission.

However, according to the regulations governing the commission, the chairperson casts the deciding vote in the case of a tie. This will make a decision possible in a tie vote. It is the chief executive officer who decides in the end in the case of a tie.