Bill C-565 (Historical)

An Act to amend the National Capital Act (Gatineau Park) and to make a related amendment to the Department of Canadian Heritage Act

This enactment amends the National Capital Act to establish the boundaries of Gatineau Park, to clarify the National Capital Commission’s responsibilities with respect to Gatineau Park and to remove the Commission’s authority to modify the boundaries of Gatineau Park or sell public lands situated within the Park.
The enactment also amends the Department of Canadian Heritage Act to specify that Gatineau Park is included in the organization, sponsorship and promotion of public activities and events, in the National Capital Region, that will enrich the cultural and social fabric of Canada.

National Capital Act

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Mr. Speaker, I rise today to share my thoughts with this House on Bill C-565. It is flawed, it is inefficient, and it would cost taxpayers an estimate of up to $100 million, if not more, which is unacceptable. It also would create administrative confusion between provincial and federal jurisdictions, and of course, the National Capital Commission.

The National Capital Act was passed over 50 years ago, in 1959. It continues, without major updates, to successfully govern one of the most important crown corporations in the capital region, the National Capital Commission. The NCC is mandated by the government to prepare plans to assist in the development, conservation, and improvement of the national capital region so that the nature and character of the seat of the Government of Canada reflect its national significance. The commission is the steward of all federal lands in the national capital region, including Gatineau Park. In collaboration with the NCC, the Government of Canada is committed to ensuring that the NCC can continue to effectively fulfill all of its functions, including the protection of Gatineau Park.

That being said, Bill C-565 does not offer any proposals to assist the NCC in accomplishing its mandate in the capital region as a whole. In more specific terms, Bill C-565 lacks any effective or appropriate mechanisms for future generations.

First, the bill would result in the misspending of millions of dollars of taxpayer money. The bill would amend the mandate of the NCC to require it to purchase all available properties in the park. There are currently 377 privately owned properties in the park. In a normal market, and extrapolating from the prices of acquisitions in the past, the cost to purchase all of these 377 properties would be over $100 million. If that figure were not big enough, multiply that $100 million many times over, based on the strong possibility that this legal obligation of the NCC to purchase properties would lead to exponential inflation of private property prices in the park. The result of this scenario would be the NCC being legally obligated to buy hundreds of properties at prices far above their normal market value. Meanwhile, this money could be better spent on the park's protection and maintenance while acquisitions continue to be prioritized based on how they contribute to the long-term sustainability and well-being of the park.

Second, the bill goes into great detail concerning the NCC's obligation to protect biodiversity and to promote education and leisure activities in the park. These ideas are far from revolutionary, as the previous government bills introduced in 2009 and 2010 proposed similar obligations. However, these previous government bills took a more appropriate approach by utilizing the concepts of ecological integrity and environmental stewardship, which are foundations of existing federal parks legislation, including the Canada National Parks Act. The forthcoming government bill would continue to make use of these concepts.

Third, although I appreciate that the bill sets out the same boundaries for the delineation of Gatineau Park used in our previous bills, that is where the similarities end and the problems with the member's bill begin. The bill would absolutely prohibit a sale or transfer of any public lands within these boundaries. This inclusion shows a lack of understanding of how a park with the size and unique character of Gatineau Park needs to be managed. Sometimes it is necessary, in the public interest or in the interest of the park itself, to perform minor alterations to the boundaries. The NCC requires a mechanism that allows government oversight of the transfer or disposition of a piece of property, as long as the overall area of the park remains the same. Our government bill would ensure that the integrity of the park was protected while the NCC was provided with this necessary flexibility.

In the meantime, the NCC already has in place a designation called a national interest land mass, or NILM. A property designated NILM cannot be sold or transferred without government oversight and approval. Gatineau Park is designated an NILM. This designation has been successfully used for many years in the capital region to protect and manage property the government wishes to maintain for future generations, which includes, of course, Gatineau Park.

Fourth, the bill would create preferential treatment in Gatineau Park for aboriginal peoples and local communities regarding rights of subsistence. It is my opinion that this refers to hunting and fishing rights in the park.

At this time, no hunting is allowed in the park, while a few provincial lakes allow licensed fishing.

Hunting is inappropriate and unsafe in a park that hosts more than 2.7 million visitors per year from around the world. Clearly, there is a safety hazard there.

Furthermore, the bill would put the NCC in the precarious position of deciding who is allowed to do what in the park and who would require regulation and enforcement, at a very high cost to taxpayers. This provision would effectively pit the local community against visitors in a park that is meant to be enjoyed equally by everyone as part of a capital region shared by all Canadians.

Fifth, the bill could potentially infringe on provincial jurisdiction as well as federal relations.

The bill states that the NCC may not, in pursuing its objectives, infringe on real property rights. I would like to remind members that real property rights in Gatineau Park are already protected by the Code civil du Québec. This inclusion in the bill is therefore redundant and unnecessary. I do not know why the chief opposition whip thinks it is necessary for the federal government, through its legislation, to pronounce and interfere on issues of provincial jurisdiction.

The final issue with the bill is its unnecessary amendment of the Department of Canadian Heritage Act. The rationale for this inclusion comes from the transfer of the activity and events mandate in the national capital region from the NCC to the Department of Canadian Heritage, pursuant to economic action plan 2013. However, the member should know that subsequent to this transfer, the NCC and the Department of Canadian Heritage entered into a memorandum of understanding under which the NCC would continue to handle these responsibilities for, among other places, Gatineau Park and the Mackenzie King Estate, while the Department of Canadian Heritage would be responsible for these activities in urban areas of the capital region. This is another example of the lack of understanding and nuance that permeates the opposition whip's bill.

In conclusion, the bill is irreparably flawed. It must be opposed, as it would be extremely costly to taxpayers. It is unnecessarily rigid, blunt, and at times, quite redundant. It could potentially present issues relating to provincial jurisdiction and federal-provincial relations and could create favouritism and controversy regarding hunting and fishing rights in the park. It is unnecessarily narrow in addressing only Gatineau Park within a much larger national capital region.

Shortly the Government of Canada will introduce an act to amend the National Capital Act and other acts that will be similar to the previous government bills. The intention of this forthcoming legislation is to provide the National Capital Commission with all the tools it needs to continue to successfully fulfill its mandate.

For these reasons, I would like to inform the chief opposition whip and members of this House that I oppose Bill C-565.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I am very pleased to be speaking to Bill C-565, a very important bill introduced by my colleague from Hull—Aylmer, who is also the chief opposition whip. This bill must certainly have meaning for most members of the House because it aims to protect one of the national capital's treasures. I was somewhat familiar with this region before, but I have learned more about it in recent years, now that I come here quite regularly as part of my duties as the MP for Sherbrooke.

Tourists certainly know about the park—it attracts 2.7 million visitors a year. That is quite impressive. One of the reasons why I am pleased to be speaking to this bill is that I love the national capital region, the Outaouais. Of course, I prefer the Eastern Townships, but that is a debate for another day.

There has been some debate about protecting parks in the Eastern Townships. For example, Mont-Orford provincial park created a lot of buzz in the Eastern Townships. The leader of the official opposition knows that topic well, as he was the Quebec minister of the environment at the time. That is why I think it is important to support the bill introduced by my colleague from Hull—Aylmer, which is designed to protect Gatineau Park.

I imagine that the majority of my colleagues' ridings include a number of parks or protected areas. For example, Sherbrooke has Bois-Beckett park, a wonderful spot that is protected by a municipal bylaw. There are provincial parks such as Mont-Orford. I am sure that there are parks in every riding. I believe that Drummondville has Voltigeurs park and, of course, the Boisé Marconi wooded area. Those are areas where biodiversity is protected by municipal, provincial or federal regulations. Today in Parliament, we are talking about a park under federal protection.

We need to protect the biodiversity of all these protected areas, giving animals a place to take shelter when there is a lot of construction and more and more people living on their land. It is important to preserve places where biodiversity can continue to grow. Gatineau Park is one of those important places in the region.

This immense park, which covers 7.8% of the greater national capital region, allows species threatened by the growth of areas inhabited by humans to go to places that are safer for them. That is why I support Bill C-565.

Here are some key facts to further the public's knowledge of this park. The park recently celebrated its 75th anniversary and is currently managed by the National Capital Commission. Unfortunately, Gatineau Park is currently not protected.

That is why the bill was introduced. The park currently has no protection. It can be sold to real estate developers. Houses can be built there. The law does not set any limits. The bill would ensure that real estate developers could not start a project in Gatineau Park without approval by Parliament, as is the case for all of Canada's national parks.

Giving an extremely important park like Gatineau Park similar protection—even if it is not exactly the same—is the least we can do. That is what the bill proposes. The bill would not make Gatineau Park a national park like all the others, but it would give it similar protections in order to protect the biodiversity so that the park's 2.7 million annual visitors can continue to enjoy it for years to come and our children and grandchildren can enjoy it as well. This is how we can ensure the sustainability of this massive green space that is part of the region.

It is also important to note that two official residences are located in Gatineau Park, including the residence of the Speaker of the House. Unfortunately, Mr. Speaker, you do not live there, but as the current occupant of the chair, you are entitled to live in the residence, which is located in the park. The Prime Minister's country retreat is also located in Gatineau Park.

The bill proposes a number of things. I cannot list them all, but the bill's main purpose is to establish the park's boundaries and to prevent the sale of public land within Gatineau Park. This bill was drafted following a number of consultations held by my colleague, the member for Hull—Aylmer, who circulated petitions on this matter. It was one of my colleague's campaign promises. This bill is the result of extensive consultations and did not just appear out of thin air.

Other members have introduced bills in this regard. In the past, the government itself introduced bills concerning the park. Unfortunately, although the park has existed for 75 years, nothing has been done to this point.

When we vote on the bill in a few days, I hope that all my colleagues will follow my example and vote for this bill at second reading. We have heard that some Conservative members want to vote against it. However, I hope that they will change their minds so that we can at least send the bill to committee. I have heard some criticism from the Conservatives, but if the bill does not go to committee, it will be impossible to improve it. I urge those members to vote for the bill at second reading. If they have suggestions on how to improve the bill, they can bring them forward in committee. I urge all my colleagues to vote for Bill C-565, as I will be doing.

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, I would like to thank my colleagues on both sides of the House for their participation in this debate, which is particularly important to the people of Hull—Aylmer.

I would also like to take this opportunity to thank the dozens of volunteers involved in my “Together let's protect Gatineau Park” campaign. Their passion for our park is truly inspirational.

What I heard during this debate is that, like these volunteers, MPs recognize the exceptional value of Gatineau Park. We all hope that it will be preserved.

However, as we know, good intentions are not enough to protect the park. We now have a responsibility to put words into action.

Over the past seven years, the House has examined several NDP initiatives to meet this objective. All of them died on the order paper. There is no more room for failure. We must move forward if we want to leave a healthy park to future generations.

Whether it be because of its rich biodiversity or its contribution to the economic development of our region, Gatineau Park is clearly a genuine national treasure.

It is unacceptable that Gatineau Park is the only major federal park that has no legal standing and no legal protection.

The measures proposed in my bill are simple. They will remedy this situation by giving our park protections similar to those in place for our national parks.

In practical terms, this means that Gatineau Park would be granted real legal standing. Its boundaries would be entrenched in law and could no longer be secretly changed.

The National Capital Commission's mission would also be changed to include the responsibility to protect Gatineau Park's ecological integrity and to acquire the real property located within the park.

This bill will finally give Gatineau Park—a park that was created 76 years ago—the protection it deserves.

When I launched the “Together let's protect Gatineau Park” campaign in 2012, I quickly realized that the protection of this park is a cause that goes beyond political allegiance.

By signing my petition to protect Gatineau Park, thousands of people in the Outaouais region and throughout Canada have already given me their support. I also have the support of non-governmental organizations known for their expertise in this area, such as Nature Canada and the Ottawa Valley chapter of the Canadian Parks and Wilderness Society.

Today, I urge all members from all parties to support this bill. I urge them to send the bill to committee so that we can truly discuss the very foundation of the bill and its benefits and, by working together, find a solution to protect our park.

I urge them to respond to the call of our volunteers from across the country, from citizens and organizations who care about the future of Gatineau Park.

We cannot let this opportunity pass us by once again. I know that people are hesitant and have questions, but those cannot be sorted out in the House. We can only answer these questions by sending this bill to committee, having an open discussion, and listening to the public and organizations as they make recommendations, offer suggestions and tell us exactly what they expect.

As I mentioned at the start of my speech, everyone agrees that Gatineau Park needs to be protected. In 20 years, we will no longer be able to say that we forgot, that we dropped the ball and that we should have done something when we had the chance in the House.

Now is the time to act. Now is the time to think about this and to protect our park together.

[The Acting Speaker, Conservative, Barry Devolin]

It being 12:09 p.m., the time provided for debate has expired.

Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Barry Devolin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Barry Devolin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Barry Devolin]

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, April 30, immediately before the time provided for private members' business.