Document 3
An Update on
Ottawa’s Agencies, Boards, Committees and Commissions
Background
A number of amendments to the Municipal
Act, 2001 came into effect on either January 1, 2007 or January 1, 2008,
which provided Ontario’s 444 municipalities with eleven areas of broad
authority including:
1.
Governance
structure of the municipality and its local
boards.
2.
Accountability
and transparency of the municipality and its operations and of its local boards and their operations.
3. Financial management of the municipality
and its local boards.
The amendments to the Act also required that local boards have
a procedure by-law, including public notice of meetings, as well as “adopt and
maintain” policies with respect to the sale and other disposition of land, the
hiring of employees and the procurement of goods and services. Most local boards are also subject to the
open meeting requirements in Section 239 of the Act and the City’s Meeting
Investigator who investigates complaints as to whether or not a local board has
met its own procedure by-law regarding meetings that are closed to the public.
On November 5, 2007, the City
Solicitor submitted a report to Council that provided a review of Ottawa’s
local boards (ACS2007-CMR-LEG-0007) in order to determine what entities fall
within the category of a local board as well their obligations under the
revised Municipal Act, 2001.
The purpose of this review is to
provide Council with an update on any changes to the governance structure of
the local boards identified in the 2007 report as well as to identify any new
local boards created since the last report. Changes are identified in bold.
(1) Entities that Qualify as “Local Boards” of the City of Ottawa
No update is required.
(ii) Ottawa
Public Library Board
No update is required.
(iii) Ottawa Municipal Campsite Authority
The Ottawa Municipal
Campsite Authority (“OMCA”) is a local authority and does satisfy the criteria
required to constitute a local board under the Act. The Authority is composed
of one elected Member of City Council and four volunteers. While Subsection
1(1) of the Act does not specifically refer to this entity, it does stipulate
that a local board consists of: “any local authority established or exercising
power under any Act with respect to the affairs or purposes” of a
municipality.
The OMCA also has a
municipal/local character. This entity was formerly known as the Nepean
Campsite Authority, which was reconstituted upon amalgamation of the City of
Ottawa on January 1, 2001 as the OMCA. The OMCA’s purpose is of a
local/municipal character in that it rents out campsites on a short-term basis
in the summer months to allow residents of the City of Ottawa as well as
tourists to camp.
In July 2009, the City
Clerk and Solicitor met with the OMCA to discuss governance issues. It was
suggested that the OMCA should create terms of reference and enter into an
operating agreement that would cover the OMCA’s mandate, roles and
responsibilities. In August 2010, the OMCA entered into an interim
operating agreement with the City of Ottawa, pending the finalization of a
long-term lease with the National Capital Commission and any City formalization
of its relationship with its local boards.
(iv) Pineview Municipal Golf Club Board of
Management
No update is required.
(v) Cumberland Heritage Village Museum
Board
The
Cumberland Heritage Village Museum Board (the “Board”) satisfies the criteria
required in order to qualify as a local board.
The Board was established under Township of Cumberland By-law 7-84, and
therefore has a direct link with that former municipality. Section 5(6) of the City of Ottawa Act, 1999 provides that every by-law of an old
municipality that is in force on December 31, 2000 shall remain in force until
it expires, is repealed or is amended.
Therefore By-law 7-84 remains in effect and the Board’s mandate and
structure continues to be defined as set out in that by-law.
By-Law
7-84 stipulates that the Council of the former Township of Cumberland was
authorized to establish a board of management to operate a museum on behalf of
the municipality, thus satisfying the requirement for the municipality to have a
certain degree of control over the entity.
However the by-law also states that: “subject to such limitations and restrictions as Council may from time
to time impose, the restoration, maintenance, control, operation and management
of the Museum is entrusted to a board of management”. Case law suggests that, in order to qualify
as a local board, an entity must have decision-making capabilities in its
day-to-day operations, and that it enjoy a certain degree of autonomy despite
the municipality’s overall control of the entity. In this regard, the Board meets those
criteria.
The
by-law states that the Board shall adopt policies for the admission of the
public to the Museum, thereby satisfying the criteria for having been
constituted for public and not for private purposes, having as a primary
purpose the provision of services to the inhabitants of the municipality. The by-law further states that the Township
of Cumberland shall have no financial obligations towards the Board other than
what Council decides from time to time.
The
appointment policy of the Board also satisfies the case law criteria for “local
board”. The by-law stipulates that the Board
shall consist of persons appointed by Council of the former Township of
Cumberland. Board Members appointed by
Council who are not Members of City Council hold office for the term of the
Council that appointed them, while Board Members who are Members of City
Council are appointed annually.
Since
the Board’s mandate and structure continues to be defined as set out in a
by-law from a municipality that no longer exists, it is recommended that the
Board adopt its own terms of reference in order to clarify its role and
responsibilities in the administration of the Museum.
(vi) Nepean Museum Board
No update
is required.
(vii) Carp
Airport Authority
On October 6, 2010,
Ottawa City Council passed a motion authorizing the City Manager to finalize
and execute a settlement agreement with West Capital Developments (“WCD”) for
the purchase and development of the Carp Airport. Upon execution of the settlement agreement,
the City Manager has authorization from Council to negotiate and execute a
final Agreement of Purchase and Sale with WCD for the Carp Airport
(ACS2010-CMR-REP-0050).
As such, the Carp
Airport Authority no longer manages and operates the Carp Airport on behalf of
the City and therefore the not-for-profit corporation will be dissolved by the
end of 2010. In effect, the Carp Airport
Authority will longer qualify as a local board as of January 2011.
(viii) City of Ottawa Superannuation Fund
No
update is required.
(ix) Crime Prevention Ottawa
The
entity known as Crime Prevention Ottawa (“CPO”) likely falls within the
definition of “local board’ in Subsection 1 (1) of the Act. CPO
was established in 2005 by City Council (February 1, 2005 motion 27/66) as a
responsibility centre for crime prevention based on the September 2004 report
entitled “Community Crime Prevention: Investing in a Safer Ottawa”.
In March 2007 Community and Protective Services received report ACS2007-CCS-CPS-0006 that sought
to have CPO adopt a hybrid model of corporate governance. The Terms of
Reference reflect the concept that Crime Prevention Ottawa is a “hybrid body
half way between an independent Non-Government Organization (NGO) and a City
body”. CPO was incorporated on August 8, 2008, as a corporation without share
capital.
CPO has a
distinctly local character as it is an initiative that contributes to crime
reduction and enhanced community safety in Ottawa through collaborative
evidence-based crime prevention. It also provides funding to community
organizations to address issues related to crime prevention. The purpose
of the funding is to support community initiatives that address gaps in service
that help prevent crime and victimization within the community and respond to
identified crime priorities within the City.
CPO may
exist as a local board while being incorporated, as long as it ensures that
both its obligations under the Municipal Act and the Corporations Act
are being met. Over time, CPO has moved more towards a greater interdependence
with the City of Ottawa as a result of administrative efficiencies. CPO’s
governance structure is currently under review.
(x) Business
Improvement Areas
As
previously noted, business improvement areas (“BIAs”) are expressly characterized
as “local boards” under the Act. Section 204(2.1) states that “a board of
management [of a BIA] is a local board of the municipality for all
purposes.” The following is a list of
the 16 BIAs currently existing in Ottawa:
Bank
Street Promenade BIA
Barrhaven
BIA
Bells
Corners BIA
Byward
Market BIA
Carp
BIA
Downtown
Rideau BIA
Glebe
BIA
Heart
of Orleans BIA
Manotick
BIA
Preston
Street BIA
Somerset
Street Chinatown BIA
Somerset
Village BIA
Sparks
Street BIA
Vanier
BIA (Quartier Vanier)
Wellington
West BIA
Westboro
Village BIA
On
September 8, 2010, City Council approved the intention to create the Carp Road
Corridor Business Improvement Area. A
formal notice to all affected property owners was sent on September 27, 2010
informing them of Council’s decision and providing them with 60 days to object
to the designation of the BIA. If a
minimal number of objections are received, it is likely that the new Council
will be asked to pass by-laws to create the BIA and its Board of Management in
December 2010.
(xi)
Property Standards Committee
Changes
to this Committee are being proposed in this Governance Review. A re-evaluation will take place upon Council
approval.
(xii)
Ottawa Community Housing Corporation (“OCHC”)
Subsection
23(3) of the Social Housing Reform Act,
2000 states that a local housing corporation shall be deemed not to be a
local board of a municipality. However,
Section 269 of the Municipal Act, 2001
which sets out which local boards are required to adopt and maintain certain
policies explicitly includes “a local housing corporation described in Section
23 of the Social Housing Reform Act, 2000”. Since Section 269 of the Municipal Act, 2001 was enacted subsequent to Section 23 of the Social Housing Reform Act, 2000, the Municipal Act, 2001 prevails.
Therefore,
the OCHC is only considered a “local board” under the Municipal Act, 2001 for the purposes of Sections 269 and 270. This means that the OCHC is required to adopt
and maintain policies with respect to the sale and disposition of land, its
hiring of employees and its procurement of goods and services.
In
2002, City Council, as sole shareholder of OCHC, passed a Shareholder Direction
to define the relationship between the OCHC and the City and to give the board
of directors instructions on governance, accountability and the City’s
expectations for the OCHC in the form of stated objectives and principles to be
followed in doing business (ACS2002-PEO-HOU-0004). Among some of the issues addressed in the Direction
were that the OCHC should maintain an arm’s length relationship with the City
however it shall remain accountable to the City.
In
May 2007, a change in the governance structure of the OCHC was approved by
Council whereby a tenant representative was added to the board of directors,
and the number of community representatives serving on the board was increased
from three to five (ACS2007-OCH-0002).
In
October 2010, the OCHC board of directors considered and approved a motion
recommending City Council add another community representative to the board,
bringing the total of board members to twelve.
The recommendation has been included as part of this Governance Report.
(xiii)
Committee of Adjustment
No
update is required.
(xiv) Municipal Service Boards
Municipalities
in Ontario are permitted under Section 196 of the Act to establish municipal service boards to control and manage a
broad range of municipal services such as public utilities, waste management,
transportation systems, parking, culture, parks and recreation and heritage
facilities. Pursuant to Section 197(3)
of the Act, municipal service boards
are deemed to be “local boards of the municipality for all purposes.” At the present time, the City of Ottawa has
no municipal service boards.
(xv) Ottawa Community Lands Development
Corporation
The
establishment of the Ottawa Community Lands Development Corporation (“OCLDC”)
was approved by City Council on October 10, 2007 (ACS2007-BTS-RPM-0008). However, as a result of the Auditor General’s
report on the Carp River Watershed Study (ACS2008-OAG-BVG-0002), the creation
of the corporation was delayed as Council first required City staff to
investigate best practice studies regarding the disposal and development of
municipal properties.
The
OCLDC was incorporated as a not-for-profit corporation on August 6, 2009 and
the City of Ottawa is the sole shareholder.
Some of the objects of the corporation are to “promote and undertake
community improvement in the City by planning, subdividing and developing sites
owned or held by the City for residential, industrial, commercial,
institutional, public, recreational, religious, charitable and other uses.” Additional objects of the OCLDC are to “improve,
beautify and maintain municipally-owned land, buildings and structures in the
City as designated and approved by the City for the benefit of the community.”
The
board of directors of the OCLDC consists of the City Manager who is an ex officio non-voting director as well
as a minimum of five City Council directors and a maximum of three non-City
Council directors.
Subsection
21(1) of the Municipal Services
Corporations Regulation 599/06 under the Municipal Act, 2001 states that corporations created by a
municipality pursuant to the powers conferred upon municipalities under section
203(1) of the Municipal Act, 2001 (the
power to establish corporations) are not local boards for the purposes of any
Act. However, subsection 21(2) of Regulation 599/06 states that such
corporations are deemed to be local boards for the purposes of subsection
270(2) of the Municipal Act. This means that the OCLDC is required to
adopt and maintain policies with respect to the sale and disposition of land, the
hiring of its employees and its procurement of goods and services. The establishment of these policies is
currently under review by the board of directors.
(xvi) Manotick Mill Quarter Community
Development Corporation
The
establishment of the Manotick Mill Quarter Community Development Corporation
(“Manotick Mill Corporation”) was approved by City Council on November 28, 2007
(ACS2007-BTS-RPM-0045). However, as a
result of the Auditor General’s report on the Carp River Watershed Study
(ACS2008-OAG-BVG-0002), the creation of the corporation was delayed as Council
first required City staff to investigate best practice studies regarding the
disposal and development of municipal properties.
The
Manotick Mill Corporation was incorporated as a not-for-profit corporation on
August 24, 2009 and the City of Ottawa is the sole shareholder. The main object of the corporation is to
implement the vision for a “Mill Quarter” centered on Manotick’s historic
Dickinson Square. As part of this implementation,
the corporation will “plan, subdivide and develop properties within the Mill
Quarter to accommodate commercial tourist and heritage uses including
commercial accommodation, boutiques, galleries, craft and other specialty
outlets, museums, restaurants and studios.”
The
Manotick Mill Corporation board of directors consists of the City Manager, one
representative of Dickinson Square Heritage Management Inc., one representative
of Watson’s Mill Manotick Inc, a minimum of five City Council directors as well
as a maximum of two “directors at large”.
Subsection
21(1) of the Municipal Services
Corporations Regulation 599/06 under the Municipal Act, 2001 states that corporations created by a
municipality pursuant to the powers conferred upon municipalities under section
203(1) of the Municipal Act, 2001 (the
power to establish corporations) are not local boards for the purposes of any
Act. However, subsection 21(2) of Regulation 599/06 states that such
corporations are deemed to be local boards for the purposes of subsection
270(2) of the Municipal Ac, 2001. This means that the Manotick Mill Corporation
is required to adopt and maintain policies with respect to the sale and
disposition of land, the hiring of it employees and its procurement of goods
and services. The establishment of these
policies is currently under review by the board of directors.
(2) Entities
that Do Not Qualify as “Local Boards” Under the Act
In
contrast to the above-noted “local boards”, the following are those entities
that do not constitute “local boards” under the Municipal Act, 2001.
(i) Hydro Ottawa Holding Inc.
Hydro Ottawa Holding
Inc. is not a local board under the Act.
It is a privately held corporation incorporated under the Ontario Business Corporations Act, whose sole
shareholder is the City of Ottawa.
Moreover, its subsidiaries Hydro Ottawa Limited and Energy Ottawa Inc.
are also not subject to the provisions of the Municipal Act, 2001.
Briefly, the Electricity Act, 1998, allowed
municipalities to incorporate a corporation under the Business Corporations Act for the purpose of generating, transmitting,
distributing or retailing electricity.
However, Subsection 142 (6) of the Electricity
Act, 1998 provides that such a corporation “…shall be deemed not to be a local board, public utilities
commission or hydro-electric commission for the purposes of any Act”.
The
Osgoode Care Centre (“OCC”) is a non-profit, charitable corporation, which
essentially provides a local facility to accommodate elderly people requiring
nursing home care. The OCC addresses community concerns to meet the needs of
the aging population in the City of Ottawa. The entity therefore, meets the
test of “having a local or municipal character” required to be considered a
local board under the Act.
Article
3 of the OCC By-Law states that the OCC board of directors shall be composed
of: “one director who shall be an elected
member of City of Ottawa Council”.
Members are appointed to the board at the OCC’s annual meetings.
Given
the other criteria required in order to fall under the category of “local
board” under the Act, it would appear that the OCC does not qualify. The
dissolution process for instance does not meet the requirement as set out in
the Act. The OCC is not an entity that requires a City By-Law in order to
dissolve. Furthermore, the OCC By-Law stipulates that the OCC board of
directors may exercise all powers and may make any rules necessary for the
management and operation of the OCC as required by the Corporations Act
and consistent with the OCC By-Law. There is no link to, or control by, the
City of Ottawa. Further, the OCC was not created under provincial legislation
or By-Law, and is completely independent of the municipality in terms of
operations and control of the OCC. In light of the above, the Osgoode Care
Centre does not qualify as a “local board” under the Municipal Act, 2001.
(iii) Mohr’s Landing/Quyon Port Authority
The
by-law for the Mohr’s Landing/Quyon Port Authority (“Port Authority”) calls for
the appointment of two directors to be elected by the City of Ottawa. The Appointment
Policy passed by City Council applies to this entity as with the
above-mentioned ones. Therefore, the
selection process meets one of the criteria for a local board under the Act.
Furthermore,
the Port Authority is a valuable local transportation link used extensively by
residents of the area. Therefore, this entity does appear to have been
established in order to “exercise the affairs of the municipality”, thus
satisfying another factor with respect to this entity being a local board under
the general language in Subsection 1 (1) of the Act. At first glance, it would
appear that the Port Authority is a local board.
However, upon further
analysis, it is suggested that the Mohr’s Landing/ Quyon Port Authority does
not fall under the category of “local board” under the Municipal Act, 2001. To begin with, the Port Authority is a
federally incorporated entity comprised of board members elected by both the
City of Ottawa and the Municipality of Pontiac, Quebec. The ferry service itself operates over a
navigable waterway, between two different provinces. The property and business
of the Port Authority is managed by the board of directors, which has a high
degree of autonomy and decision making authority. As such, it is an inter-provincial entity, which
lacks a distinctly local/municipal character.
Furthermore,
the operator of the ferry service receives all the user charges, as none are
given to the municipalities. Further, as
of September 16, 1999, the Port Authority began to receive funding from the
Government of Canada for a period of 20 years. The federal funding was obtained
as a result of the divestiture of various ferry landings by the federal
government, including Mohr’s Landing and Quyon Port.
Finally, there is no
mention of whether a municipal by-law is required to dissolve the Port
Authority. However, in the event of dissolution, all of the Port Authority’s
remaining assets shall be distributed to the two municipalities in equal
portions, and the Mohr’s Landing port facilities shall become the property of
the City of Ottawa, while the Quyon port facilities shall become the property
of the Municipality of Pontiac. For all of the above reasons, it is determined
that this entity does not qualify as a local board under the Act.
(iv) Children’s Aid
Society Board of Directors
The Children’s Aid
Society Board of Directors (“CAS Board”) is regulated by the Ontario Ministry
of Community and Social Services (the “Ministry”). Across Ontario,
approximately 60 societies were established and governed by the Child and Family Services Act (the
“CFSA”). While Section 7(1)(b) of the Act empowers the Minister to enter into
agreements with municipalities for the provision of services, the Ottawa CAS is
funded and controlled by the Government of Ontario and not the City. With
respect to the provision of services, Section 7(1) of the Act states that the
minister may: “provide services and establish, operate
and maintain facilities for the provision of services and may make payments for
those services and facilities out of legislative appropriations”. Funding under Section 7(2) of the CFSA states
that: “The Minister may make grants and contributions, out of legislative
appropriations, to any person, organization or municipality for consultation,
research and evaluation with respect to services and for the provision of
services”. Therefore, as the various CAS Boards are governed, controlled and
funded by the Province and not the municipalities in which they are located,
they do not qualify as a “local board” under the Municipal Act, 2001.
Further,
Section 20(2) of the CFBA defines a CAS as follows:
20 (2) Children’s Aid Society deemed to be a local board - Children’s Aid society
shall be deemed to be a local board of each municipality in which it has
jurisdiction for the purposes of the Ontario
Municipal Employees Retirement System Act and the Municipal Conflict of Interest Act.
The
above provision states that the CAS is only a “local board” for the purposes of
the Ontario Municipal Employees
Retirement System Act and the Municipal
Conflict of Interest Act. Since it is only these two statutes that are
expressly named, it is unlikely that the Legislature intended the CAS Boards to
be considered a “local board” for the purposes of the Municipal Act, 2001. This conclusion is further borne out by a
more detailed examination of the respective definitions for a “local board” in
the revised Municipal Act, 2001 as previously referenced in this
report. For example, while the
definition of local board in Subsection 1 (1) does not mention the Children’s
Aid Society, the definitions of local board in Subsection 10 (6), Section 216,
and Section 223.1 all expressly exclude a CAS.
(v) Advisory Committees
Given
all of the above criteria, it would appear at first glance that the City’s
various Advisory Committees may also fall under the general definition of
“local board” as defined in the Municipal Act, 2001. However, there is
one fundamental difference between Advisory Committees and the above-mentioned
entities that do qualify as local boards under the Act. Advisory Committees act
as consultative groups whose primary role is to provide advice on specific
issues. As such, they do not have
decision-making abilities. The definition of “local board” set out in
Subsection 1(1) of the Act states that, in order to be considered a local
board, an entity must be “established or exercising any power under the Act
with respect to the affairs or purposes of one or more municipality”. Therefore, it is determined that the City’s
Advisory Committees do not fall under the category of “local board” pursuant to
the Act.
While
Advisory Committees do not qualify as “local boards”, they are nonetheless
subject to the Meetings Investigtor’s jurisdiction pursuant to subsection 239.1
of the Municipal Act, 2001.
As such, the Meetings Investigator has the power to investigate
complaints as to whether an Advisory Committee has adhered to its own procedure
by-law regarding meetings that are closed to the public.
Given
the breadth of advice provided by Advisory Committees, as well as the
importance of their contribution to setting departmental, Committee and Council
priorities, it is recommended that a review of each Advisory Committee’s Terms
of Reference be conducted to ensure there are clear mandates for their roles
and responsibilities. These Terms of Reference could include guidance on
training, work plans and annual reports.
(vi) The
Ottawa Partnership
The
Ottawa Partnership (“TOP”) does not qualify as a “local board” under the Act.
TOP was established in order to prepare a Strategic Economic Development Plan
(the “Plan”) for the City. Essentially, TOP receives and reviews proposals for
economic development initiatives and then submits a report to City Council
recommending the proposals that offer the best opportunity to achieve the
objectives of the Plan. TOP essentially
acts as a consultative group whose primary role is to provide advice on
specific issues, much like the above-mentioned Advisory Committees.
Consequently, this entity does not possess the characteristics of autonomy and
decision-making abilities that are required in order to be considered a local
board under the Act.
(vii) Ottawa Tourism
and Convention Authority
The Ottawa Tourism and
Convention Authority (“OTCA”) is a non-profit agency that assists the City in
the delivery of the Economic Development Program as it relates to local tourism
development in Ottawa. Essentially, the OTCA undertakes various initiatives in
building the tourism industry in Ottawa as it develops promotional programs and
services to attract tourism business to the City. Therefore, while the OTCA
does have a local/municipal character, it remains an independent entity that is
not under the control of the City. As
such, the OTCA does not qualify as a “local board” under the Act.
(viii) Conservation Authorities
Conservation
authorities are expressly identified as not being “local boards” under
the definition found in Subsection 1 (1) of the Municipal Act, 2001.
Therefore, the Mississippi Valley Conservation Authority, the Rideau
Valley Conservation Authority and the South Nation Conservation Authority are
not considered “local boards”.
This
conclusion is further borne out by the respective definitions of “local board”
in the Municipal Act, 2001. For example,
Subsection 1 (1) and Section 269 both expressly exclude a conservation
authority from the definition of local board.
(ix) Ottawa Centre for Research and
Innovation
The
Ottawa Centre for Research and Innovation (“OCRI”) is unlikely to be a “local
board” under the Municipal Act, 2001. The OCRI is a non-profit partnership
organization that is incorporated under the Canada
Corporations Act as a federal corporation without share capital. It is described on its website as a
“member-based economic development corporation for fostering the advancement of
the region’s globally competitive knowledge-based institutions and
industries.” OCRI currently has
approximately 625 member companies.
Despite
the fact that OCRI has a municipal character, City of Ottawa Councillors sit on
OCRI’s board of directors and OCRI receives an annual operating grant from the
City of Ottawa, there are other factors which lead to the conclusion that OCRI
would not be considered a “local board”.
Approximately 80% of OCRI’s annual operating budget is generated from a
variety of other sources such as federal and provincial governments, membership
fees, professional development programs and private sector contributions. Furthermore, although OCRI provides the
City with quarterly reports regarding its operations pursuant to the
partnership funding agreement entered into with the City, OCRI acts
independently of the City and Council.
(x) Almonte
Hospital Board
The
Almonte Hospital Board is not a “local board” under the Municipal Act, 2001. The
definition of “local board” found in Subsection 1 of the Act explicitly includes a “board of health” but does not include a
“hospital board”. Further evidence that
a hospital board is not a local board can be found in Section 269 of the Act.
That provision, which deals with policies that must be adopted by local
boards, includes a definition of “local board” that explicitly excludes
“hospital boards”. In a similar fashion,
Section 390, which defines “local board” for the purposes of dealing with fees
and charges, also expressly excludes “hospital boards”. Finally, in 1998, the Ontario Court, General
Division reviewed the issue of whether or not a hospital board was a local
board for the purposes of the Municipal Affairs Act (i.e. the general
phrase used in the statute was largely the same as in the Municipal Act,
2001). In Nicholls v.
Merrickville-Wolford (Village) the court determined that the hospital board
was not a local board under that Act.
(xi) Ottawa-Gatineau Film and Television
Development Corporation
The
Ottawa-Gatineau Film and Television Development Corporation (“Film and
Television Development Corporation”) does not qualify as a “local board” under
the Act. The Film and Television
Development Corporation is a non-profit corporation without share capital that
was incorporated in 2003 under the Canada
Corporations Act. As a federal
corporation, it was formally established as a 3-year pilot project to promote
the growth of film and television production in Ottawa and Gatineau. The Film and Television Development
Corporation issues permits to film productions in the Ottawa-Gatineau region
and also offers members of the industry technical and logistical film
expertise.
Although
a Member of City Council sits on the board of directors, the Film and
Television Development Corporation acts independently of both Ottawa and
Gatineau. The fact that it is
essentially an inter-provincial entity also diminishes its local/municipal
character.
(xii)
Central Canada Exhibition Association
The
Central Canada Exhibition Association (“CCEA”) does not satisfy the criteria
required in order to qualify as a “local board” under Subsection 1 (1) of the
Act. The CCEA works to encourage
awareness of agriculture and related industries within the community. It does not, however, “exercise any power
under any Act with respect to the affairs of the municipality” as stipulated in
the definition of “local board” under the Act. Although there are Members of Council who are
appointed to the CCEA board of directors, the CCEA lacks the connection to the
City that is necessary to meet the “local board” common law test.