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

Act current to 2016-05-12 and last amended on 2013-09-30. Previous Versions

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.

Officers and Employees

Marginal note:General Manager
  •  (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.

  • R.S., c. N-3, s. 8.

Committees

Marginal note:Executive Committee
  •  (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.

  • R.S., 1985, c. N-4, s. 9;
  • 1995, c. 29, s. 55(E);
  • 2006, c. 9, s. 288.

Objects, Purposes and Powers

Marginal note:Objects and purposes of Commission
  •  (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.

  • R.S., 1985, c. N-4, s. 10;
  • R.S., 1985, c. 45 (4th Supp.), s. 3;
  • 2013, c. 33, s. 213.

Development

Marginal note:Coordination of development

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

  • R.S., c. N-3, s. 11.
Marginal note:Development proposals
  •  (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.

  • R.S., 1985, c. N-4, s. 12;
  • R.S., 1985, c. 45 (4th Supp.), s. 5.
Marginal note:Proposals for sale of public lands
  •  (1) Proposals by any department for the sale of public lands in the National Capital Region shall be submitted to the Commission for approval prior to the sale.

  • Marginal note:Prohibition

    (2) No public lands in the National Capital Region shall be sold without the approval of the Commission.

  • R.S., 1985, c. 45 (4th Supp.), s. 5.
Marginal note:Governor in Council may approve
  •  (1) Where the Commission does not give its approval to a proposal made under section 12 or 12.1, the Governor in Council may give such approval and any such approval given by the Governor in Council shall, for the purposes of that section, be deemed to have been given by the Commission.

  • Marginal note:Terms and conditions of approval

    (2) Any approval given under section 12, 12.1 or this section may be subject to such terms and conditions as are considered desirable by the Commission or the Governor in Council, as the case may be.

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