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National Capital Act (R.S.C., 1985, c. N-4)

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Act current to 2019-11-19 and last amended on 2013-09-30. Previous Versions

National Capital Act

R.S.C., 1985, c. N-4

An Act respecting the development and improvement of the National Capital Region

Short Title

Marginal note:Short title

 This Act may be cited as the National Capital Act.

  • R.S., c. N-3, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

Chairperson

Chairperson means the Chairperson of the Commission; (président)

Chief Executive Officer

Chief Executive Officer means the Chief Executive Officer of the Commission; (premier dirigeant)

Commission

Commission means the National Capital Commission continued by section 3; (Commission)

department

department means

  • (a) any department named in Schedule I to the Financial Administration Act,

  • (a.1) any division or branch of the federal public administration named in Schedule I.1 to that Act,

  • (a.2) any commission under the Inquiries Act designated as a department for the purposes of the Financial Administration Act,

  • (b) any corporation named in Schedule II or III to the Financial Administration Act, and

  • (c) any board, commission, corporation or other body that is, for all its purposes or for all the purposes of the Act of Parliament under which it is established, an agent of Her Majesty; (ministère)

Her Majesty

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

highway

highway includes any street, road, lane, thoroughfare or driveway; (voie publique)

local municipality

local municipality means a municipality wholly or partly within the National Capital Region; (municipalité locale)

member

member means a member of the Commission; (Version anglaise seulement)

Minister

Minister means the Prime Minister of Canada or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

National Capital Region

National Capital Region means the seat of the Government of Canada and its surrounding area, more particularly described in the schedule; (région de la capitale nationale)

property

property means real or personal property or any interest therein; (bien ou propriété)

property of the Commission

property of the Commission means property under the control and management of, or vested in the name of, the Commission; (bien de la Commission ou propriété de la Commission)

public lands

public lands means real property or any interest therein, under the control and management of a department; (terrains publics)

Vice-Chairperson

Vice-Chairperson[Repealed, 2006, c. 9, s. 283]

work

work means any work, structure or undertaking. (Version anglaise seulement)

  • R.S., 1985, c. N-4, s. 2
  • R.S., 1985, c. 45 (4th Supp.), s. 1
  • 1992, c. 1, s. 141
  • 1995, c. 29, s. 55(E)
  • 2003, c. 22, s. 224(E)
  • 2006, c. 9, s. 283

Commission Continued

Marginal note:Corporation continued

  •  (1) The corporation called the National Capital Commission is continued, consisting of fifteen members including a Chairperson and a Chief Executive Officer.

  • Marginal note:Appointment of members

    (2) Each member, other than the Chairperson and the Chief Executive Officer, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

  • Marginal note:Appointment of Chairperson and Chief Executive Officer

    (3) The Chairperson and the Chief Executive Officer shall each be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate.

  • Marginal note:Members

    (4) The members, other than the Chairperson and the Chief Executive Officer, shall be appointed as follows:

    • (a) three, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa;

    • (b) two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and

    • (c) eight from Canada generally, other than from a city or municipality referred to in either of paragraphs (a) or (b).

    • (d) and (e) [Repealed, 2002, c. 17, s. 19]

  • Marginal note:Eligibility

    (5) A member is eligible to be appointed from a local municipality if, at the time of the appointment, the member normally resides in that municipality.

  • Marginal note:Re-appointment

    (6) A person who has served two consecutive terms as a member, other than as Chief Executive Officer, is not eligible to be re-appointed to the Commission, during the twelve months following the completion of the person’s second term, in the same capacity in which the person served.

  • Marginal note:Vacancy

    (7) A vacancy in the membership of the Commission does not impair the right of the remaining members to act.

  • Marginal note:Members not contributors for superannuation

    (8) The Public Service Superannuation Act does not apply to a member unless the Governor in Council otherwise directs.

  • R.S., 1985, c. N-4, s. 3
  • R.S., 1985, c. 1 (4th Supp.), s. 44(E)
  • 1995, c. 29, ss. 54, 55(E)
  • 2002, c. 17, s. 19
  • 2006, c. 9, s. 285

Marginal note:Agent of Her Majesty

 The Commission is, for all purposes of this Act, an agent of Her Majesty.

  • R.S., c. N-3, s. 4
  • 1984, c. 31, s. 14

Marginal note:Head office

  •  (1) The head office of the Commission shall be in the National Capital Region.

  • Marginal note:Meetings

    (2) The Commission shall meet at least three times a year in the National Capital Region.

  • R.S., 1985, c. N-4, s. 5
  • R.S., 1985, c. 45 (4th Supp.), s. 2

Marginal note:Absence or incapacity

 In the event of the absence or incapacity of the Chairperson or the Chief Executive Officer or of a vacancy in either office, the Commission shall authorize another member to act as such, but no person may act as such for a period exceeding sixty days without the approval of the Governor in Council.

  • R.S., 1985, c. N-4, s. 6
  • 1995, c. 29, s. 55(E)
  • 2006, c. 9, s. 286

Marginal note:Salary of Chief Executive Officer

  •  (1) The Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council.

  • Marginal note:Remuneration of other members

    (2) The Governor in Council may authorize the payment of allowances or other remuneration to the Chairperson and to any other member having special duties.

  • Marginal note:Expenses

    (3) Each member is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties.

  • R.S., 1985, c. N-4, s. 7
  • 1995, c. 29, s. 55(E)
  • 2006, c. 9, s. 287
 
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