Evidence of meeting #41 for Transport, Infrastructure and Communities in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was ncc.
A recording is available from Parliament.
Bloc
Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC
You're referring to the federal spending power which is granted and recognized by the Supreme Court. In this case we are referring to planning and not only spending.
Senior Counsel, Canadian Heritage, Legal Services, Department of Justice
To plan, the National Capital Commission will be spending funds. There simply is no constitutional law problem here. There is no encroachment on provincial areas of jurisdiction.
Bloc
Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC
What you are saying regarding the Supreme Court and legal issues is really quite a stretch.
Senior Counsel, Canadian Heritage, Legal Services, Department of Justice
I have nothing further to add.
Conservative
The Chair Conservative Merv Tweed
Is there any further comment?
Shall the BQ-2 amendment carry?
Monsieur Nadeau.
Bloc
Conservative
The Chair Conservative Merv Tweed
Okay.
(Amendment negatived [See Minutes of Proceedings])
We'll now move to NDP-1.
Mr. Bevington.
NDP
Dennis Bevington NDP Western Arctic, NT
This is an amendment to add the following after line 35:
(a.1) acquire immovables situated in Gatineau Park whenever the property becomes available on the market; and
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I thought there would be more emotional stirrings than that. I'm surprised this would come from the NDP.
I'm worried about the issue of property owners in the park. From the government's perspective, we're opposed to this particular amendment due to private property interests. Also, if you put in a fair market clause, the reality is that family members won't be able to dispose of it to other family members for a non-fair market... I think there are a lot of complications here that quite frankly are not in the best interests of the citizens of that area, in particular, those that border on the park. Quite frankly, I think it prejudices them in the future in relation to leaving that land to family members.
NDP
Dennis Bevington NDP Western Arctic, NT
This amendment will give the NCC the legal mandate to buy real estate as it becomes available.
December 7th, 2009 / 4:15 p.m.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
You need a legal mechanism to do that, which would be the first right of refusal.
NDP
Dennis Bevington NDP Western Arctic, NT
Well, this amendment gives the NCC a legal mandate, not just a government order.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
Mr. Bevington, with respect, you need a legal mechanism to do that. That means you have to impose a first right of refusal and in fact register against land that first right of refusal. That would give an inability for the people who actually have land and want to pass it on to children to do so.
NDP
Dennis Bevington NDP Western Arctic, NT
This doesn't necessarily mean that the government will purchase the property. It just means that it will acquire a movable situation whenever the market becomes available on the property. Whenever the government has the opportunity to purchase property within the Gatineau, it will exercise that opportunity. If someone else gets the property, that's what's going to happen. This gives the government the clear mandate, the legal mandate, whenever property comes up and it has the opportunity to purchase it, to do that.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
Where do they stop? Is it somewhere in Nova Scotia or Alberta?
NDP
Dennis Bevington NDP Western Arctic, NT
It's situated in Gatineau Park, which is actually only in Quebec, as I understand.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I think those people want to have the ability to keep their land. We heard clearly--
Conservative
NDP
Dennis Bevington NDP Western Arctic, NT
I think what this does is show the intent of the government and the intent of this legislation to permit the NCC to purchase properties within Gatineau Park whenever they have the opportunity to do so. It doesn't mean they're actually going to purchase those properties, because there may be sales that are done privately. They may not have an opportunity to purchase them. It doesn't give them the sole right to purchase property when it comes on the market. It just means they're going to be purchasing properties when they come on the market.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
Can we ask the officials about the acquisition of land? I know they have bought and sold some in the past.
Director, Portfolio Management, Crown Corporation Governance, Department of Transport
The NCC has identified, among all the private properties available in Gatineau Park, those that are a top priority for the mandate of the park to conserve environmental integrity. They work as the properties become available on the market. They have approached some landowners to indicate their interest in their property. In some cases, they have reached an agreement and in other cases the owner preferred to keep the land.
