Thursday, March 9, 2023

The Rideau Canal cannot be privatized.

During the year 2017 the government of Canada was informed that several waterways were non-core federal assets and should be divested. However, selling the Rideau Canal infrastructure would be unconstitutional:

Rideau Canal - Role of the Government of Canada - the government of Canada is the owner of the property by virtue of:

  • the British North America Act (1867);
  • Protective designations - Rideau Canal National Historic Site of Canada (1926); Historic Sites and Monuments Act (1952-1953); Department of Transport Act (1985); National Interest Land Mass (1988); UNESCO World Heritage Site. (2007).
House of Commons Ottawa February 21, 1977 Mr. B. Keith Penner (Parliamentary Secretary to the Minister of Indian Affairs and Northern Development): "The bed of the (Rideau) river is considered vested in Canada by the Rideau Canal Act of 1827, the BNA Act of 1867 et al."

House of Commons Ottawa June 1, 1950 Mr. Fulford, Leeds (Liberal): "...The great chain of Rideau lakes form an integral part of the Rideau canal system. As we all know, the Rideau canal is of particular historic importance. It was built after the War of 1812 by British army engineers. There was a rather quaint treaty signed between Great Britain and Canada when the Canal system was handed over to Canada. One of the clauses of the treaty said that Canada would maintain the canal system so long as the grass was green and the skies were blue above."

House of Commons Ottawa December 21, 1963 Legal Title of Parliament Hill. Notes on civil law respecting the ownership, management and control and rights and interests therein of Federal and Provincial Crown Parliamentary and Judicial authorities.

"Since 1823, the Crown has always held these lands for public purposes-either of defence or generally...In 1823 the Earl of Dalhousie, the Governor, purchased the Hill from Hugh Fraser on behalf of the British Crown and, by letter, entrusted its control and management to Colonel John By with instructions that the Hill, together with Major Hill and Nepean Point be reserved for military purposes."

"About 1857 the British Crown transferred the Ordnance (or military) lands---these including the Hill, together with the Rideau Canal lands---to the Government of Upper Canada. With Confederation the Hill and the buildings then thereon were included in those public land and works transferred from Upper Canada to Canada by section 108 of the B.N.A. Act..."

UNESCO is removing the honour UNESCO World Heritage Site from the Rideau Canal, if the Chateau Laurier extension is built and if the Civic Hospital is built near Dow's Lake. Projects that should not proceed because of concerns by the United Nations agency called UNESCO:
  • Chateau Laurier Hotel extension. (Ottawa)
  • Third Bridge Crossing (Kingston)
  • Rideau Marina (Kingston) - The City of Kingston rejected the development.
  • Former Davis Tannery (Kingston) - the project was cancelled.
  • New Ottawa Civic Campus. (Ottawa) (From: SAVE OUR RIDEAU: Built Heritage---go to "2019 Letter from UNESCO regarding inappropriate development.)
Agriculture Canada and Public Works refused to give 104 acres of land east of Prince of Wales Drive to a botanical garden society, partly because of the potential to damage the Hartwell Locks and interfere with navigation:
1.) The botanical garden must not include any use of land or facilities on the west side of Prince of Wales Drive.

2.) The use of any land or facilities on the east side of Prince of Wales must meet the Canadian Heritage (Parks Canada) criteria (e.g.) it must not have a negative impact on the heritage values of the Canal, specifically at Hartwell's lockstation but also navigation in general.

3.)The Arboretum, if included, must remain free and open to the public.

4.) The Fletcher Wildlife Garden must remain as it is.

5.) The Commemorative Integrity Statement must be observed.

6.) The land use must be compatible with other jurisdictions (e.g.) NCC, Parks, City of Ottawa, etc.) and designations (National Interest Land Mass of the Central Experimental Farm) and,

7.) It must clearly demonstrate financial viability/self-sufficiency. (Google: General Meeting 12 June 2002---Greenspace Alliance.)

Affected Visual Presentations if a medical centre is built on the Farm.
  • views from Prince of Wales Scenic Entry---includes view toward proposed loading docks.
  • views from entrance to Queen Elizabeth Drive/Dows Lake (at Preston/Prince of Wales.)
  • views from Dows Lake to main hospital building.
  • views from Carling Avenue, both east and west of the main hospital building.
  • views identified in the Commemorative Integrity Statement for the Central Experimental Farm.
  • views from adjacent CEF heritage buildings (e.g. Dominion Observatory Complex, Saunders Building, along Commissioners Drive and/or Maple Drive.)
  • views identified in the NCC Visual Assessment Views Analysis (2009 and 2013.)
  • view from/along the Rideau Canal including from Commissioners Park, Hartwells Lockstation and Colonel By Drive (that were assessed for the Campus Master Plan and parking garage applications.) (From: City of Ottawa Development Applications Search---Cultural Impact Statement-Addendum 2-D07-12-22-0168. Date Received: 2022-12-07. Address: 930 Carling, 520 Preston.)

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