Thursday, April 8, 2021

Loopholes.

The National Capital Act (1985)-The NCC is a commercial Crown corporation that operates at arms-length from the government of Canada, from the people. The Crown corporation has the power to sell, grant, lease, or otherwise dispose of any property to any person.  The NCC also has the power to remove "restrictive" designations that would impede the sale or donation of properties---Classified Federal Heritage Building; Recognized Federal Heritage Building; National Historic Site of Canada and National Interest Land Mass.

1.) The Central Experimental Farm is a National Interest Land Mass and a National Historic Site of Canada, two of the reasons why the Civic cannot build a medical centre on the land. The other reasons are:

 a.) A March 19,1954 document signed by Prime Minister Louis St-Laurent stated that the Farm would always be an open space.

 b.) Minister of Public Works Charles Howard Green told the Hon. George McIlraith that no buildings would be constructed on the Farm when Temporary Buildings 5 and 8 were removed--House of Commons, June 16,1958.

 c.) The Director of Gatineau Park Eldon Eady convinced Public Works to give Queen Juliana Park to the people of Canada in 1976.

 d.) Ottawa City Councillor Katherine Hobbs promised that QJP would remain a green space.

 e.) Federal Minister of Agriculture John Wise told the House of Commons that the Farm would always be a Crown asset, May 13, 1988.

 f.) The Central Experimental Farm National Historic Site Management Plan (7 out of 20) confirmed that the Farm will remain a National Interest Land Mass in perpetuity:

"The CEF National Historic Site is designated in its entirety as part of the National Interest Land Mass. These lands are essential for the long-term symbolism, functions, physical structure, and natural and cultural landscape qualities of the Capital. Implicit in a NILM designation is a formal designation of the Federal Government's interest in the long-term use of these lands. Most NILM lands are, or should be, under the custody of the federal government to ensure they are protected and enhanced. Generally, the majority of these lands are, or will be owned by the NCC, while some NILM land will also be under the custody of other federal custodians or departments."

2.) Earnscliffe, 140 Sussex Drive- The British High Commission is building a new embassy on the 140 Sussex Drive property. The National Capital Commission either gave or sold part of Lady Grey Drive to the foreign embassy: "The individual lots that make up the property include sections that were formerly streets-namely McKay Street (also called Earnscliffe Avenue), Lady Grey Drive and Bellevue Terrace." (From: Cultural Heritage Impact Statement-Earnscliffe, City of Ottawa, page 5/49, January 6, 2020.)

Lady Grey Drive. The Royal Canadian Mint can be seen in the background.

3.) 1 and 19 Sir John A. Macdonald Boulevard-a park adjacent to the boulevard may be converted into an embassy row. 

The Heritage Lighthouse Protection Act- The loophole- "This Act applies to lighthouses that are the property of Her Majesty in right of Canada." A few years ago the Department of Fisheries and Oceans privatized 1,000 federal lighthouses.

The Heritage Railway Stations Protection Act (1985)-The loophole- "Only designated heritage railway stations that are still owned by a railway company under federal jurisdiction are subject to the Heritage Railway Stations Protection Act." The Canadian National Railway is a multinational corporation owned by Bill Gates and international investors. Toronto's Union Station was sold to the city. Plans were underway to demolish Ottawa's Union Station in 1966.

Federal government heritage laws supersede provincial and municipal heritage laws.

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