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

Act current to 2013-05-20 and last amended on 2007-04-01. Previous Versions

Marginal note:Power to construct railway
  •  (1) The Commission may construct in the National Capital Region, in accordance with plans prepared under this Act, a railway and related facilities.

  • Marginal note:Sale, lease, etc.

    (2) The Commission may

    • (a) sell, convey or lease any railway and related facilities, or any portion thereof, constructed pursuant to subsection (1) to any railway company; or

    • (b) enter into agreements with any railway company for

      • (i) the sole, joint or several use of the railway or facilities, or any portion thereof,

      • (ii) the maintenance by the company of the railway or facilities, or any portion thereof, and

      • (iii) the operation of the railway or facilities, or any portion thereof.

  • Marginal note:Application of Part III of the Canada Transportation Act

    (3) Part III of the Canada Transportation Act, with such modifications as the circumstances require, is applicable to the exercise of the powers conferred by this section, but nothing in this section is deemed to constitute the Commission a railway company except for the purpose of subsection (2).

  • R.S., 1985, c. N-4, s. 13;
  • 1996, c. 10, s. 236.

EXPROPRIATION

Marginal note:Expropriation
  •  (1) Where in the opinion of the Commission the acquisition of any land or interest therein by the Commission without the consent of the owner is required for the purposes of this Act, the Commission shall so advise the appropriate Minister in relation to Part I of the Expropriation Act.

  • Marginal note:Idem

    (2) For the purposes of the Expropriation Act, any land or interest therein that, in the opinion of the Minister mentioned in subsection (1), is required for the purposes of this Act shall be deemed to be land or an interest therein that, in his opinion, is required for a public work or other public purpose, and, in relation thereto, a reference to the Crown in that Act shall be construed as a reference to the Commission.

  • R.S., c. N-3, s. 13;
  • R.S., c. 16(1st Supp.), s. 42.

PROPERTY

Marginal note:Restrictions on transactions
  •  (1) Except with the approval of the Governor in Council, the Commission shall not

    • (a) acquire any real property for a consideration in excess of a value of twenty-five thousand dollars; or

    • (b) enter into a lease enduring for a period in excess of five years or grant an easement enduring for a period in excess of forty-nine years.

  • Marginal note:Idem

    (2) The Commission shall not dispose of real property for a consideration in excess of ten thousand dollars, except in accordance with subsection 99(2) of the Financial Administration Act.

  • Marginal note:Contract regulations

    (3) Notwithstanding subsection 41(2) of the Financial Administration Act, the Governor in Council may make regulations under subsection 41(1) of that Act that apply in respect of the Commission.

  • R.S., 1985, c. N-4, s. 15;
  • R.S., 1985, c. 45 (4th Supp.), s. 6.