Comité des services communautaires et de protection

and Council / et au Conseil

29 October 2009 / le 29 octobre 2009

Submitted by/Soumis par : Chair/président

Arts, Heritage and Culture Advisory Committee/ Comité consultatif sur les arts, le patrimoine et la culture

Contact Person/Personne ressource: Melody Duffenais, Advisory Committee Coordinator / coordinatrice des comités consultatifs

(613) 580-2424 x20113, Melody.Duffenais@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2010-CCV-AHC-0001

SUBJECT: REQUEST FOR A DECLARATION OF THE CIVIC HOLIDAY AS ‘COLONEL BY DAY’ IN THE City of Ottawa

OBJET: DEMANDE VISANT À DÉCLARER LE CONGÉ CIVIQUE « JOURNÉE COLONEL-BY » À OTTAWA

REPORT RECOMMENDATION

That the Community and Protective Services Committee recommend City Council declare the first Monday in August to be Colonel By Day on a City-wide basis.

RECOMMANDATION DU RAPPORT

Que le Comité des services communautaires et de protection recommande au Conseil municipal de déclarer le premier lundi d’août « Journée Colonel-By » à Ottawa.

BACKGROUND

At its meeting on September 29, 2009, the Arts, Heritage and Culture Advisory Committee (AHCAC) heard a presentation from Ken Holmes and Mike Steinhauer, Director of the Bytown Museum. They requested that the AHCAC make a recommendation to the City that Council adopt the by-law of the previous City of Ottawa (being By-law 120-96) declaring the first Monday in August to be Colonel By Day. As there were not enough AHCAC members present at that meeting to constitute a quorum, the decision was held over to the next regularly scheduled AHCAC meeting, being October 20^th.

On October 20^th, the committee considered and approved the following motion:

That the Arts, Heritage and Culture Advisory Committee recommend that the Community and Protective Services Committee recommend City Council adopt the by-law of the previous City of Ottawa (being By-law 120-96) declaring the first Monday in August to be Colonel By Day.

DISCUSSION

On June 5, 1996 the former City of Ottawa enacted By-law 120-96, which proclaimed and named the Civic Holiday, the first Monday in August, as Colonel By Day (see Document 1).

Following inquiries from Ken Holmes on this matter, who had questioned why the day in question has not been referred to as Colonel By Day since amalgamation, discussion occurred with Protocol staff, City Clerk’s staff and Legal Services. Legal Services advised that the former by-law only covers the geographic boundaries of the former City of Ottawa and thus the day could not be referred to as Colonel By Day in the entire geographic area of the new City of Ottawa.

Mr. Holmes was advised that the best approach would be to inquire whether the Arts, Heritage and Culture Advisory Committee would entertain his request to ask the City to essentially re-enact the former by-law. The committee was pleased to assist.

In considering the matter on September 29, 2009, AHCAC members heard from Mr Holmes and Mike Steinhauer, Director of the Bytown Museum. They reviewed the role of Colonel John By in building the Rideau Canal, the foundation of the community that carried his name before it became the city of Ottawa, and the history of naming the August Civic holiday Colonel By Day in Ottawa. In lieu of an annual proclamation, which has been the practice since amalgamation, it would be expedient to enact a by-law making the designation permanent. The advisory committee, broadly representative of citizens from across the city, unanimously endorsed the proposed by-law at its meeting on October 20th, and commended its adoption.

CONSULTATION

City Operations

Cultural Services are in agreement with the recommendation contained is this report.

Legal Services

A specific declaration by Council to declare the civic holiday in August as Colonel By Day is required since the application of the old City of Ottawa By-law is limited to the geographic area of the old City of Ottawa. Such a declaration of Council, with confirmation by means of the Confirmation By-law, would apply to the entire geographic area of the new City of Ottawa.

FINANCIAL IMPLICATIONS

There are no financial implications to this report.

RURAL IMPLICATIONS

There are no implications that are specific to the rural area.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal or risk management impediments to adopting the recommendation of this Report.

SUPPORTING DOCUMENTATION

Document 1: By-Law 120-96 of the former City of Ottawa

DISPOSITION

Council’s declaration, if passed, is confirmed by means of the Confirmation By-law to be passed at the conclusion of the Council meeting.

The AHCAC Coordinator to notify the Advisory Committee of City Council’s decision.

Document 1