Saturday, April 9, 2022

The Prime Minister of Canada has the power to control or ban development of Crown property in Ottawa.

Similarities between Major's Hill Park and Experimental Farm. 

1.)Major's Hill Park and the Farm were cherished by the people of Ottawa. 2.) The sale of Major's Hill Park land had to be approved by a Privy Council Order in Council. And a federal OIC in 1954 prevented the Experimental Farm from being redeveloped.

House of Commons Ottawa July 6, 1908 GRAND TRUNK RAILWAY HOTEL SITE. Bill No. 89 will authorize the sale to the GTR of Canada of a portion of Major's Hill Park in the city of Ottawa as a hotel site:

Mr. William Pugsley (Minister of Public Works) "It was understood that when the Bill came up for consideration in committee, I would produce the plans of the proposed hotel, and I now lay them on the table...Apart from the towers, the height will be about 100 feet. There are five floors above ground, in addition to the attic floor and also a basement and a sub-basement."

Mr. William Pugsley (Minister of Public Works): "(Bill No. 89) ratifies the order in council, and the plans and specifications are to be approved by the Governor in Council. So that passing this Bill will not conclude the matter, but the plans will then come formally before the government for approval."

House of Commons July 6, 1908 Mr. Haughton Lennox, Conservative: " We want to know something about the cost of the building. What the minister has done is this: He has passed this order in council without knowing anything at all, without having the first tittle of information as regards the cost. He lets these negotiations all go on with the city; he says the city is vitally interested, but it is not nearly so much as the people of Canada, as we who represent the people of Canada."

"I can think of no greater outrage perpetrated on a people than this very transaction - going right to the centre of the property of the people, the beauty spot of the city of Ottawa, the place of which we are so proud, Major's Hill Park, to plant in the centre of that park a commercial ediface, a money-making institution---that is surely an absolute outrage upon the rights of the people."

"...Now I asked if there were outlets from this hotel direct to the park. The minister does not know. So little attention has been paid to this matter, so little interest has the minister taken in the preservation of the public rights that he does not know to-day if there are one or a dozen outlets from that hotel to the public park. He does not know whether this is to be the backyard of a hotel...the hotel might just as well own the whole park...The people's rights could be interfered with if there is not a fence placed between the hotel property and the park."

(A few years ago the National Capital Commission said that they cannot approve or disapprove the architectural design of the Chateau Laurier addition because the hotel is "private property." However, the government of Canada had to power to reject the architectural design of the GrandTrunk hotel in 1909 and the GTR was a private corporation.)

 Documents pertaining to the Central Experimental Farm:

A March 19, 1954 Privy Council Order in Council approved by Prime Minister of Canada Louis Saint-Laurent and the Cabinet: "The Central Experimental Farm should remain a open area in perpetuity." In the year 2016 did the Governor General of Canada ratify or give formal consent to CEF land being turned over to a local medical centre? Did the Parliament of Canada create a Bill or Law that ceded 50 acres of a National Historic Site to a hospital?
Small-scale cultural landscapes within the Rideau Canal corridor:

  • Queen Elizabeth Driveway and Commissioners Park.
  • Colonel By Driveway.
  • The Experimental Farm - the NCC owns recreational pathways and the Driveway that crosses the CEF. 
  • Island Park Drive.
"The protection of the landscapes of national value in the Capital, through the cooperation with all levels of government, the community and the private sector is identified as a goal in the NCC's Plan for Canada's Capital". (1999), page 48.
Government regulations that protect the integrity of the Experimental Farm including the trees, buildings and important views: "The Central Experimental Farm National Historic Site is affected by a number of overlapping federal, provincial and municipal land use policies...Four main federal and municipal planning documents will continue to provide land use planning guidance for the CEF lands. These include:
  • The National Capital Commission's Plan for Canada's Capital (1999).
  • Parks Canada's Rideau Canal Management Plan (1996), to be replaced by the (draft) Rideau Canal National Historic Site of Canada Management Plan.
  • City of Ottawa Official Plan (2003).
  • City of Ottawa Zoning By-Law sets out certain land use regulations affecting the CEF lands."
House of Commons Ottawa May 15, 1970 The Hon. G.J. McIlraith (Acting Prime Minister)Liberal: "I do not want to be in a position of giving a legal opinion on the National Capital Commission, but it is quite clear in the Act that the function of that commission is to advise the government on the planning of the national capital region. The responsibility for decisions is that of the government and not the commission. The commission has certain ancillary powers to carry out certain works supplementary to the main objective."

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