The Senate of Canada Inquiry into the Actions of the National Capital Commission.

 April 23, 2002 - Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate to:

(a) to the public's need for the Senate and the Parliament of Canada to take into their cognizance the current conflict between Ottawa residents with their Ottawa City Council and the National Capital Commission regarding the National Capital Commission's proposal to re-zone a riverfront parkland to build a 244 dwelling housing development on that riverfront parkland, a matter well reported in the media;

(b) to the national capital parkland known as the Moffatt Farm, a riverfront parkland on the heritage waterway, the Rideau River, at Mooney's Bay, near the entrance to the Hog's Back Locks, all of which form a part of the ancient and historic Rideau Canal and Rideau Canal Waterway System, a parkland which for decades has been held by the National Capital Commission as a commissioned public trust for its protection for the public good and for the public use;

(c) to the meaning in law of a commission, being that a commission is a public body with a public purpose, authorized by letters patent, an act of parliament, or other lawful warrant to execute and perform a public office, and further, that the National Capital Commission is no ordinary entity, or no simple arms length crown corporation but is a commission, a peculiar constitutional entity, intended to perform a public duty;

(d) to the current land use designation zoning of Moffat Farm which is zoned as parkland, as are other Ottawa national capital parklands such as Vincent Massey Park and Hog's Back Park, parkland whose maintenance and sustenance are of great importance and concern to Ottawans;

(e) to the National Capital Commission contracted agreements with private developers, including that one with DCR Phoenix, regarding the sale for development of the parkland, Moffatt Farm, to the same DCR Phoenix, a private developer currently acting as the National Capital Commission's agent before Ottawa City Council and the Ontario Municipal Board in proceedings about the National Capital Commission's proposed re-zoning of Moffatt Farm from parkland zoning to residential zoning so as to permit the National Capital Commision's sale of this parkland to private developers.

(f) to Ottawa City Council's unanimous decision on March 27, 2002 rejecting and soundly defeating the National Capital Commission/DCR Phoenix's proposal for redevelopment of the Moffatt Farm parkland, to the city government's strong objection to the proposed development, being the building of 244 expensive, luxurious high end houses on the Moffatt Farm parkland, a parkland also known for its environmentally sensitive lands; 

(g) the responsible ministry's and the National Capital Commission's own protocol that hold that the National Capital Commission should defer to municipal government on planning issues and land use;

(h) to another motion overwhelmingly adopted by Ottawa City Council on April 10, 2002 expressing the City's wish to purchase the Moffatt Farm parkland, also asking the National Capital Commission to honour City Council's decision and also to withdraw it's own appeal to the Ontario Municipal Board asking the Ontario Municipal Board to overturn City Council and force the re-zoning of Moffatt Farm from parkland zoning to residential zoning;

(i) to that same City Council motion of April 10, 2002, which said:

"WHEREAS the Moffatt Farm has been in public ownership for the past 50 years, since its expropriation and has until 1999, been designated a Capital park the National Capital Commission;

AND WHEREAS the NCC has determined that this property is surplus to national needs and intends to sell it;

AND WHEREAS the Moffatt Farm is outside the General Urban Area and designated as Waterfront Open Space in the Regional Official Plan, which is land in, or intended to be in public ownership and intended for public recreation and environmental conservation use;

AND WHEREAS the Moffatt Farm has no "right of development" at this time, being designated Major Open Space, Waterway Corridor and Environmentally Sensitive Area, zoning that offers the highest possible protection;

AND WHEREAS in the Ottawa Official Plan, the Moffatt Farm is designated as a District/Community Park, a use identified in the 1973 Carleton Heights Secondary Plan as a means to address inadequate parkland for this area of the City;

AND WHEREAS,since 1973 the population of this community has doubled and available parkland has already decreased;

AND WHEREAS the City of Ottawa has a policy to acquire, where possible, waterfront properties that form the Greenway System and preserve these lands for public open space use;

THEREFORE BE IT RESOLVED that the City of Ottawa offer to purchase the entire Moffatt Farm from the NCC, at a price which will be based on its current and future use as District Park;

BE IT FURTHER RESOLVED that the City request the local Member of Parliament (National Capital Caucus) urge the NCC to respect Council's unanimous decision and withdraw its appeal to the OMB.

(j) to the growing public disenchantment and disappointment of Ottawans who perceive the National Capital Commission's corporate culture as running roughshod over Ottawans with wanton disregard for local communities of which Moffatt Farm is only one of several which include Lac Leamy, Sparks Street redevelopment and others, all of which have resulted in diminishing public respect for the National Capital Commission and its land use proposals in the national capital area;

(k) to the burgeoning public unease about the destiny of Ottawa's precious public lands as many Ottawans are anxious that the National Capital Commission is conducting its affairs in land use matters, more as a private development company and less as a public commission, entrusted with Her Majesty's and the public's interest in the proper use of unique, historical, heritage parklands and properties; and

(l) to the public need for Parliament's study and review of the National Capital Commission in its entirety, including its role, structure, organization, operations, authorizing statute, its parliamentary appropriations, finances and its relations with Canadian citizens, especially Canadian citizens living in the Ottawa area, its land dealings, and its agreements with private developers selected by the National Capital Commission as recipients, buyers, of treasured historic lands.

(The Honourable Senator Kinsella.)