An Action Plan for the National Capital Commission

An Act to amend the National Capital Act and other Acts

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

John Baird  Conservative

Status

In committee (House), as of Oct. 5, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

October 26th, 2009 / 3:35 p.m.
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Nicole DesRoches General Director, Regional council for the environment and sustainable development in Outaouais

The Regional council for the environment and sustainable development in Outaouais is one of Quebec's 16 regional environmental councils. Quebec is divided into 17 administrative regions.

It has been in existence since January 1990, and, over the past 20 years, we have worked on a number of issues involving transport, wetlands, education, forests and everything directly or indirectly related to natural spaces and environmental protection.

We've also presented a number of briefs to the National Capital Commission, the Bureau d'audiences publiques sur l'environnement, the City of Gatineau—I won't name them all. We sit on many environmental and sustainable development committees, all to carry out our mandate for joint action and resource conservation.

We were also members of the former Coalition SOS Leamy and the Coalition for NCC Renewal. We were members of the greenbelt coalition and the Gatineau Park coalition. In other words, our agency monitors NCC files quite closely. But we are also partners, since we sit on a number of committees, including the interprovincial transport committee. Over the past five or six years, we have taken part in virtually all the consultations organized by the NCC, concerning both the park and the capital core. We are also partners in certain activities, such as the clean-up of the banks of the Ottawa River. This means that the NCC is an agency that knows us and that we know well.

A commission to manage personal and real property in the territory of a capital and its surrounding areas plays a particular role for citizens of this country. However, it should not be forgotten that actions are being carried out in an area occupied by a local population and that, consequently, an effort must always be made to strike a balance between the two. And this fact should be reflected in the preamble. The protection of the natural environment is desirable in all respects, but the human environment should not be neglected, either nationally or locally. A satisfied population takes part in the development of the capital and assists in extending its reach.

The preamble of Bill C-37 also provides that it is important to ensure that the natural environment of the National Capital Region is preserved for the enjoyment of all Canadians. However, this is quite vague because the environment must be protected based on specific ecosystems, highly developed practices and the laws of the provinces where the lands are located. For example, Leamy Lake Park is a recreational park, with a protection aspect. Mowing the lawn down to the water's edge and preserving large grassy spaces that serve no purpose are part of management from another era. Quebec's policy on shorelines, littoral zones and flood planes requires that a 15-metre band be protected. The City of Gatineau and the RMC of Collines-de-l'Outaouais have adopted regulations to that effect.

NCC staff has made efforts, except that, when this is contracted out, the subcontractors and contractors aren't necessarily aware of the new orientations or are not concerned about them. So there's a problem.

You are also aware of the other problem of the non-migrating geese: they have adopted this type of development and adore the cut grass at the water's edge. At some point, environmental protection will have to be expanded and certain elements added based on ecosystems and recognized practices.

With respect to Bill C-37, we agree on the proposed structure, that is to say that there should be a distinction between the role of chairperson of the board of directors and the head of the NCC. We also agree that public meetings should be held since the Coalition for NCC Renewal recommended that.

I now come to the changes we are proposing. In our opinion, paragraph 10(1)(a) of the National Capital Act should be amended as follows:

[...] prepare plans for and assist in the development, conservation and improvement of the National Capital Region, in partnership with local authorities having development authority and in consultation with the public, including in relation to transportation in that 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 whole in accordance with the environmental targets and consistency among the plans of the various local authorities.

The NCC has played a role in the capital's programming, planning, preservation and development since its inception.

Times have since changed. The development role devolved upon it today overlaps with that of the provinces and municipalities. The cities and RMCs have established development schemes and urban plans, which they did not do 30 years ago. The federal entity that has development powers over a municipal territory creates jurisdictional problems. Everyone would benefit by a better partnership between the cities, municipalities, RMCs and the NCC.

I'm not blaming the NCC, but as regards land use planning, the act could provide for the formalization of meetings to ensure consistency among the plans of all the parties.

There's also the infrastructure question. Some interprovincial bridges are the NCC's jurisdiction, while others fall under that of Public Works. That department has better teams, but its primary purpose may not be the improvement of the capital, judging from the MacDonald-Cartier bridge, which has rusted. It should be seen whether a single manager could facilitate matters for everyone. The bridge patrol is another issue. Sometimes it's the RCMP that takes charge of it, whereas at other times, it's the Sûreté du Québec or the municipal police force of one city or another. Perhaps it should be determined which federal authority takes charge of interprovincial bridges.

Under the bill, section 10 of the National Capital Act would be amended by adding the following after subsection (1):

(1.1) The Commission shall furnish, maintain, heat and keep in repair the buildings on the lands described in Schedules 3 and 4 and shall maintain and, from time to time as required, improve those lands.

Since this is 2009, we could add this: “In accordance with recognized energy efficiency standards and practices.”

With regard to the National Interest Land Mass, it is interesting to note that criteria will be established for determining the lands that are part of that mass. However, it would be particularly important, in light of the problems experienced in the early 2000s, that the process of establishing criteria be transparent and that the public have access to the list of lands considered for a period determined in advance of the non-national interest designation.

The problem stems from the grey area between what is of national interest and what is of local interest. The NCC considers land surplus based on its national mandate, but does not have the authority to offer it to local entities, even if that land is of historical importance to the local community. A mechanism should be provided for, as well as a scale of values reflecting the municipality's ability to buy land back. This does not mean, however, that everything should be handed over to the municipalities. The federal government protects structures of local historical importance elsewhere in the country through other authorities such as Parks Canada. The NCC could play that role, together with organizations in the field.

Lastly, it is important to emphasize once again that Gatineau Park is a biodiversity jewel of western Quebec and, as such, is home to the largest number of endangered species appearing on all the lists. The 2005 master plan saw a change in orientation, from being a park for recreational activities to a park for the protection of natural heritage. This led to the preparation of a conservation plan in which the public took part. Protecting the perimeter without granting protection status to what is within that perimeter protects nothing, except the perimeter itself. The Quebec parks system has instituted committees for the purpose of harmonization with the areas where parks are located to ensure transparency and harmonious relations with the community. Gatineau Park could establish a similar committee.

We also consider it incoherent, during this financially difficult period, that funding should be granted to the Commission to buy back lands that are put on the market, rather than resolve the park's status once and for all. If the purpose of the bill was sustainable development and environmental protection, we think the proposals would be different.

In economic terms, what can be said about the amounts necessary to buy back lands in these times of rising prices? We find it utterly incoherent that the government should spend enormous sums to buy back lands when those amounts could be used to move the snowmobile trail the length of the park and be invested in education and awareness or in rebuilding heritage buildings within the perimeter.

Buying properties that have belonged to families for generations rather than leaving them to a single family is, in our view, to care little for the social aspect of sustainable development. It is understood that citizens who are privileged to live in a park must abide by certain development and environmental protection rules.

The major problem related to the presence of houses in the park stems from the fact that, until the park has class 2 national park status, based on the criteria of the International Union for Conservation of Nature, it is the responsibility of the municipalities, which can grant building permits and minor variances that often run counter to protection and conservation criteria.

The buildings along Meech Lake Road are one example among many. It is true that Quebec owns lands in the north sector of the park and that there has been a management agreement between the Government of Quebec and the National Capital Commission since 1993. The park is also on Quebec's list of protected areas. It is therefore hard to believe that it cannot intervene in the pursuit of this kind of agreement in the context of the management of a class 2 park. One can well wonder whether all the efforts necessary to achieve cooperation have been made.

In conclusion, CREDDO can see the efforts that have been made with regard to governance, but also the lack of will to rigorously protect the park in accordance with accepted international practice. This is not a criticism of the NCC's work, but rather a way to provide it with the full toolbox necessary to ensure environmental protection and the implementation of the Gatineau Park conservation plan.

Thank you.

October 26th, 2009 / 3:35 p.m.
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Conservative

The Chair Conservative Merv Tweed

Good afternoon, everyone. Welcome to the Standing Committee on Transport, Infrastructure and Communities, meeting number 32. Pursuant to the order of reference of Monday, October 5, 2009, we are continuing our consideration of Bill C-37, an act to amend the National Capital Act and other acts.

Joining us today, from the Regional Council for the Environment and Sustainable Development in the Outaouais, is Nicole DesRoches, general director; from the Gatineau Park Protection Committee, Jean-Paul Murray and Andrew McDermott; and from the Alliance To Save Our Greenbelt, Mr. Al Speyers, president.

I've asked Nicole if she'd like to start. I think you know the routine of presentations and then questions.

Ms. DesRoches.

October 21st, 2009 / 4:50 p.m.
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Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

Thank you, Mr. Chairman.

Mr. Perras, your municipality probably carries out more transactions and has more talks and discussions with the National Capital Commission than any other, because of the park. Obviously, the municipalities of Gatineau and Ottawa also have discussions, but you have a very particular and special relationship with them because Gatineau Park is in your municipality.

Bill C-37, in subclause 3(1) and in clause 8, confirms the abolition of the commission's executive committee. Currently, there is a board consisting of members. From this board are drawn the members of the steering committee. Let's call it an executive committee, if you will. Bill C-37 abolishes this executive committee. I feel this has advantages and disadvantages. In our opinion, this would lead the CEO—who could be male or female—to take on more power between board meetings. Decisions must be taken in certain situations. These decisions were quite easily made by the executive committee. With the new situation, there would only be a board, including 14 members.

Furthermore, yesterday I commented to the minister that the new number of 14 members could be somewhat awkward. They have yet to answer me as to how they would make a decision in a potential situation where the votes were seven to seven, but that is another problem.

Does the fact that there would no longer be an executive committee change anything for you in your dealings and almost daily discussions with the NCC? Does it suit you that the CEO have more power and initiative?

October 21st, 2009 / 4:35 p.m.
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Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

Mr. Perras, Mr. Garrand and Mr. MacTavish, are there any aspects of Bill C-37 that you do not want to see amended or, inversely, are there any changes you want to see, but do not? Perhaps this is the last opportunity I will have to ask you questions, this afternoon. Therefore, I want to know whether you want to share any recommendations or expectations with us.

Mr. Perras?

October 21st, 2009 / 4 p.m.
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Mayor, Municipality of Chelsea

Jean Perras

Not really. It all depends on what will happen to the private properties. But I don't see any.... On the contrary, we have supported this bill since it was written. We've said so to the NCC, we've said so to the government, we've said so to several of you around the table. I think our brief clearly established that we are supportive, with the one exception that my two colleagues have mentioned, that we need to conserve the property rights as they are established.

You should also understand that there is a good portion of that park--17% or 18%--that the Government of Quebec still considers as the property of the Quebec government. So in the development of that bill, I hope that the chair will also have the wisdom to sit down with the Government of Quebec and ask them how they feel about the whole evolution of this file so that we make sure that all three levels of government work together on the future of that. As I've mentioned, we signed a protocol last year with the NCC that clearly talks about the same issues that are in there.

It is an issue of promoting an awareness of the environment; of ensuring better cooperation in the planning and management of the environment for habitats and species; of increasing the participation of the various partners in this environment; of improving the quality of life of the residents in the region and of sharing the data and information so that we have a better common understanding. These are objectives that we set for ourselves working from the NCC plan, but they also reflect Bill C-37 very well.

October 21st, 2009 / 3:55 p.m.
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Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Perras, Mr. MacTavish, Mr. Garand, good afternoon. As you know, we are studying Bill C-37. You must certainly have looked at the bill itself. When I ask you questions, it is to provoke debate in order to ensure that when we take the next steps, we will be able to improve this bill to ensure that it respects the mandate we wish to give it as legislators.

Having said that, I have in my possession a letter from the Meech Lake Association from 2004. This residents' association is asking that parking lot 12 be closed, so that the public could no longer have access to Blanchette Beach because there were too many people using it, to the detriment of the people of Chelsea. That being said, it is still in the park.

Is it part of your philosophy, of your approach as far as Gatineau Park is concerned, and in the eyes of your residents' associations, that private enclaves should exist?

October 21st, 2009 / 3:45 p.m.
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Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

Thank you.

Mr. Perras, thank you for having come here today to meet with us.

I also thank you, Mr. Garand.

Thank you, Mr. MacTavish.

Mr. Perras, we are taking advantage of your presence while you are in the dying days of your mandate as mayor of the municipality. You have been the mayor for many years, and I congratulate you for that.

I would like to be able to discuss the principles of the bill that has been tabled with you. I would like to know, as a municipal authority and as a person who has knowledge of this, if you agree with us. Subclause 9(1) of Bill C-37 adds to the National Capital Commission's mandate because it includes the concept of transportation in the region.

We believe we should be much more specific in order to clearly establish the presence of the National Capital Commission in the planning of interprovincial highways and public transportation, and we are going one step further. We believe that, since the National Capital Commission would be involved in interprovincial transport—which includes the bridges, the management of existing bridges and future crossings over the Ottawa River within the territory of the National Capital Region—that this should be transferred and be overseen by the National Capital Commission.

The Champlain and Portage Bridges are already managed by the National Capital Commission. It would be a question of transferring the Chaudières Bridge, the Interprovincial Bridge and the federal part of the Macdonald-Cartier Bridge, which are currently managed by Public Works and Government Services Canada. There would obviously need to be a budget to go along with that.

I would like to hear your opinion on this issue. Even though your municipality does not reach as far as the banks of the Ottawa River, it benefits from interprovincial transportation within the municipality of Ottawa. In fact, the STO services cater to a Québecois clientele made up of your residents. The STO is held up more often than in the past by the lack of interprovincial links, by problems on the roads network, etc. I would therefore like to hear what you think about the mandate that should be given to the National Capital Commission in terms of transportation in the National Capital Region.

October 21st, 2009 / 3:40 p.m.
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Conservative

The Chair (Mr. Mervin Tweed (Brandon—Souris, CPC)) Conservative Merv Tweed

Good afternoon, everyone. Welcome to the Standing Committee on Transport, Infrastructure and Communities, meeting number 31.

Our order of the day, pursuant to the order of reference of Monday, October 5, 2009, is Bill C-37, an act to amend the National Capital Act and other acts.

Joining us today, from the Municipality of Chelsea, is the mayor, Monsieur Jean Perras. Also with us are Claude Garand, past president of the Meech Lake Association, and Malcolm MacTavish, president of the Kingsmere Property Owners Association.

We're ready to go. You know the format, so I will ask you to begin, please.

October 19th, 2009 / 5 p.m.
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Executive Director, Canadian Parks and Wilderness Society (Ottawa Valley Chapter)

John McDonnell

We do not see why that would not be possible. It is quite simple, all we have to do is take the National Parks Act and copy a relevant part of it into Bill C-37. Gatineau Park has a biodiversity that is just as important, if not more so, as the biodiversity we find in certain national parks. We believe that priority should be given to the protection of ecological integrity above everything.

October 19th, 2009 / 4:50 p.m.
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Executive Director, Canadian Parks and Wilderness Society (Ottawa Valley Chapter)

John McDonnell

While Bill C-37 describes the park's boundaries, it allows these boundaries to be modified arbitrarily by Governor in Council, without the requirement for parliamentary approval. Canadians have every right to expect that the boundaries of Gatineau Park be enshrined in law in the same way as the boundaries of our national parks are legislated. It is imperative that changes to the boundaries of Gatineau Park be permitted only by statute, as is the stipulation for the national parks of Canada.

It's also unclear in Bill C-37 to what extent the bill and act apply to private property within the park. We would ask the minister whether private property is considered to be inside the park. If you look at proposed subsection 10.4(2), it's unclear whether this applies to private property. We would, therefore, call upon the committee to amend.... It's not only looking to the private property issue; also we would call upon the committee to amend clause 19 of Bill C-37 by replacing the words “Schedules 1 and 2” with the words “Schedule 1” so the boundaries cannot be modified by Governor in Council.

In conclusion, Gatineau Park is a national treasure. It's a beautiful wilderness of extraordinary biodiversity. Sadly, the park's ecological integrity is seriously threatened by various forms of development both inside and outside the park. Examples include new highways, houses, various commercial developments, and the list goes on and on.

We also take issue with Minister Baird's earlier statement that Gatineau Park could not have the same level of ecological integrity or the same level of protection as national parks due to the fact that parts of the park may be needed for roads and other development in the future, the idea of nip and tuck. We would argue that no portion of Gatineau Park should be used for roads, utility corridors, or any other development. The park is already too fragmented to perform its ecological functions, and every effort must be taken to restore the park. Therefore, we feel that Bill C-37 in its current form does not provide Gatineau Park with the protection it deserves. The amendments we are proposing are crucial to ensuring a basic measure of protection for Gatineau Park for the people of Canada and for future generations.

Consequently, we ask you to please accept our suggestions and comments with regard to wordings concerning Gatineau Park. Thank you.

October 19th, 2009 / 4:40 p.m.
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John McDonnell Executive Director, Canadian Parks and Wilderness Society (Ottawa Valley Chapter)

Mr. Chairman, ladies, gentlemen, it is my pleasure to submit to you our comments on Bill C-37.

Before I begin, I would like to give you a little more information about our organization. The Canadian Parks and Wilderness Society, the CPAWS, is the best known organization in the country when it comes to the protection of natural sites. We have been in existence for 45 years. This national organization, through its powerful network of regional branches and thousands of advocates for nature, has played a leadership role in the protection of numerous important natural areas covering more than 4 million hectares of exceptional wild environments. We are talking about a territory that is bigger than Nova Scotia and represents two-thirds of Canada's protected natural heritage.

More particularly, we have played a very important role in the expansion of the Canada Nahanni National Park Reserve in the Northwest Territories and also in the establishment of an important area along the Dumoine River which is very close to the national capital.

The Outaouais Valley Section was created in 1970 by a group of local citizens who were alarmed by major development projects in Gatineau Park. Very quickly, the section grappled with several problems affecting west Quebec and eastern Ontario. We are working on establishing new protected areas and ensuring the sound management of existing parks which explains our great interest in Gatineau Park.

CPAWS was ranked as one of Canada's top 10 charities by the Tides Canada Foundation and is considered among the 10 best-managed charities in the country; we have more than 45,000 donors and supporters.

I invite my colleague, Ms. Muriel How, to share with you our comments on Bill C-37.

October 19th, 2009 / 3:35 p.m.
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Conservative

The Chair (Mr. Mervin Tweed (Brandon—Souris, CPC)) Conservative Merv Tweed

Good afternoon, everyone.

Welcome to the 30th meeting of the Standing Committee on Transport, Infrastructure and Communities, with the orders of the day, pursuant to the order of reference of Monday, October 5, 2009, being Bill C-37, An Act to amend the National Capital Act and other Acts.

Joining us to introduce the bill, speak on it, and take some questions from the committee members is the Honourable John Baird, Minister of Transport, Infrastructure and Communities.

Welcome.

Joining him today from the Department of Transport are André Morency, assistant deputy minister, and Simon Dubé, director, portfolio management, crown corporation governance.

Thank you for your attendance again today, Minister. If you would like to open with some comments, we'll move forward.

The House resumed from September 16 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.

Business of the HouseOral Questions

October 1st, 2009 / 3:05 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, first, in response to the last point raised by my hon. colleague, we discussed this between us earlier. I indicated to him then that we believed opposition days were the appropriate time to hold such debates. Indeed, today would have been a great opportunity to have the debate about the fisheries industry. I would think that it should have been done today rather than try to bring forward an opposition motion to force an unnecessary election onto Canadians. That is what we have been spending all day debating.

In reply to the fact that if our government does survive this reckless and unnecessary motion that the official opposition has brought forward today and the House were to continue, then obviously today we will continue to debate the opposition motion.

Tomorrow, provided the opposition motion of today is defeated, we will begin debate on Bill C-51, the second budget implementation bill, which has all sorts of great things in it to help Canadians even further.

Following that, we will schedule for debate Bill C-23, the Canada-Colombia free trade agreement, Bill C-37, the national capital act and Bill C-44, the Canada Post Corporation Act. All these bills are at second reading and have a long way to go.

We will continue with this lineup of economic legislation next week and add to the list any bills that are reported back from committee.

If I could, I would like to end this week's reply to the Thursday question by paying tribute to someone who I considered a very close personal friend.

It was little more than a year ago, July 2008, while in my riding, that I received an email from Rick Wackid explaining he had been diagnosed with ALS. The news hit like a blow below the belt. That a young man, so healthy, so active and so full of life could leave us so quickly serves as a wake-up call to all of us of how fragile our existence can be.

Although Rick Wackid, like Jerry Yanover, was always a very worthy political adversary, he was also a passionate believer in this, our House of democracy. When one party loses someone of his quality and integrity, we are all the poorer for it. He is and will continue to be greatly missed.

On behalf of the Prime Minister and our entire Conservative government, I offer my sincere condolences to Rick's wife Danielle, his daughter Stephanie and all of his friends and family.

Business of the HouseOral Questions

September 17th, 2009 / 3:05 p.m.
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Conservative

Jay Hill Conservative Prince George—Peace River, BC

It would be nice if members would demonstrate a little bit of respect for me as we did for the hon. House leader from the official opposition when he was making his statement a few moments ago, if he would not mind.

Whether it is the issue of the NAFO deadline, which I am sure the Minister of Fisheries and Oceans is seized with, as she is with all fisheries issues, or whether it is trying to negotiate a way forward to expedite the passage of Bill C-50, we need to ensure that we do it right. We need to ensure that that particular bill, which is so important to workers and their families, is passed. However, we need to ensure that the help we are all seeking to provide unemployed people across the country is done in a proper and expeditious manner.

I believe that we will be successful. I am certainly hopeful. I called a special meeting after the two motions from the two opposition parties that made motions this morning. I called a special meeting of the House leaders in my office some two hours ago. I was hopeful that we would have an agreement by now on how to proceed with Bill C-50. That has not happened. One of the parties is still taking a look at a compromise that I have suggested to wrap up debate by tomorrow on this bill and then see it sent off to the committee. I am hopeful that we can perhaps arrive at such a compromise.

That addresses my hon. colleague's issue with Bill C-50. Obviously, as he noted, the House is currently debating second reading of Bill C-50. That will continue after question period.

Tomorrow, pursuant to a special order adopted yesterday, the House will vote on ways and means Motion No. 9 that implements certain provisions of the budget tabled in Parliament on January 27, 2009, and to implement other measures.

Following the vote, we will continue and hopefully complete second reading stage of Bill C-50, so that it can move on to committee as quickly as possible. Backup bills for tomorrow, should they be needed, are Bill C-37, the National Capital Act, and Bill C-44, the Canada Post Corporation Act.

When the House returns after the constituency break, I have planned to call, but not necessarily in this order, Bill C-37, the National Capital Act; Bill C-23, the Canada-Colombia free trade agreement again; Bill C-44, the Canada Post Corporation Act; Bill C-13, the Canada Grain Act; and the Budget Implementation Act, No. 2, that flows from the ways and means motion that will hopefully be adopted tomorrow.