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

Short Title

Marginal note:Short title

1 This Act may be cited as the National Capital Act.

Interpretation

Marginal note:Definitions

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Vice-Chairperson[Repealed, 2006, c. 9, s. 283]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

Commission Continued

Marginal note:Corporation continued

• 3 (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.

Marginal note:Agent of Her Majesty

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

Marginal note:Head office

• 5 (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.

Marginal note:Absence or incapacity

6 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.

Marginal note:Salary of Chief Executive Officer

• 7 (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.

Officers and Employees

Marginal note:General Manager

• 8 (1) The Governor in Council may appoint a General Manager to hold office during pleasure who shall be paid a salary to be fixed by the Governor in Council.

• Marginal note:Staff

  (2) Subject to the plan of organization and terms and conditions of employment approved under subsection (3), the Commission may employ such officers and employees and such consultants and advisers as it deems necessary for the purpose of this Act and may fix their remuneration and terms and conditions of employment.

• Marginal note:Plan of organization and terms and conditions of employment

  (3) The Governor in Council may approve

  • (a) a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Commission; and

  • (b) the establishment of rates of compensation for each class of position, and such other terms and conditions of employment as are considered desirable.

Committees

Marginal note:Executive Committee

• 9 (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive Officer and three other members to be appointed by the Commission, at least one of whom shall be from the Province of Quebec.

• Marginal note:Powers

  (2) The Executive Committee shall exercise such of the powers and perform such of the functions of the Commission as are delegated to it by the Commission and shall submit at each meeting of the Commission minutes of its proceedings since the last preceding meeting of the Commission.

• Marginal note:Other committees

  (3) The Commission may establish a National Capital Planning Committee and such other committees as it considers necessary or desirable for the administration of this Act.

• Marginal note:Expenses of committee members

  (4) Each member of the Executive Committee, National Capital Planning Committee or other committee established under this section is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties.

Objects, Purposes and Powers

Marginal note:Objects and purposes of Commission

• 10 (1) The objects and purposes of the Commission are to prepare plans for and assist in the development, conservation and improvement of the National Capital Region in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance.

• Marginal note:Powers

  (2) The Commission may, for the purposes of this Act,

  • (a) acquire, hold, administer or develop property;

  • (b) sell, grant, convey, lease or otherwise dispose of or make available to any person any property, subject to such conditions and limitations as it considers necessary or desirable;

  • (c) construct, maintain and operate parks, squares, highways, parkways, bridges, buildings and any other works;

  • (d) maintain and improve any property of the Commission, or any other property under the control and management of a department, at the request of the authority or Minister in charge thereof;

  • (e) cooperate or engage in joint projects with, or make grants to, local municipalities or other authorities for the improvement, development or maintenance of property;

  • (f) construct, maintain and operate, or grant concessions for the operation of, places of entertainment, amusement, recreation, refreshment, or other places of public interest or accommodation on any property of the Commission;

  • (g) administer, preserve and maintain any historic place or historic museum;

  • (h) conduct investigations and researches in connection with the planning of the National Capital Region; and

  • (h.1) [Repealed, 2013, c. 33, s. 213]

  • (i) generally, do and authorize such things as are incidental or conducive to the attainment of the objects and purposes of the Commission and the exercise of its powers.

Development

Marginal note:Coordination of development

11 The Commission shall, in accordance with general plans prepared under this Act, coordinate the development of public lands in the National Capital Region.

Marginal note:Development proposals

• 12 (1) Where

  • (a) any department proposes to erect, alter, extend or demolish a building or other work on any lands in the National Capital Region,

  • (b) any person proposes to erect, alter, extend or demolish a building or other work on public lands in the National Capital Region, or

  • (c) any department or person proposes to change the use of public lands in the National Capital Region,

  the department or person shall, prior to the commencement of the project, submit a proposal therefor to the Commission for approval.

• Marginal note:Approval of proposals

  (2) In determining whether to approve a proposal submitted under subsection (1), the Commission shall consider the following:

  • (a) in the case of a proposal to erect, alter or extend a building or other work, the site, location, design and plans thereof and the use to be made of the building or other work as erected, altered or extended;

  • (b) in the case of a proposal to demolish a building or other work, the site, location, design and use made of the building or other work and the plans for the demolition; and

  • (c) in the case of a proposal to change the use of public lands, the site, location, existing use and proposed use of the lands.

• Marginal note:Prohibition

  (3) No department or person shall commence any project in relation to which a proposal is required to be submitted to the Commission under subsection (1) unless a proposal has been so submitted and has been approved by the Commission.

• Marginal note:Interior alterations

  (4) This section does not apply to any alteration of the interior of a building or other work unless the alteration is made to accommodate a change in the use of the building or work.