Law:Roosevelt Campobello International Park Commission Act

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S.c. 1964-65, c. 19

Assented to 1964-06-30

An Act respecting the Commission established to administer the Roosevelt Campobello International Park

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Roosevelt Campobello International Park Commission Act.


Interpretation

Definitions

2. In this Act,

“Agreement”

« Accord »

(a)�“Agreement” means the Agreement between the Government of the United States of America and the Government of Canada relating to the establishment of the Roosevelt Campobello International Park Commission set out in the Schedule hereto;

“Commission”

« Commission »

(b)�“Commission” means the Roosevelt Campobello International Park Commission established pursuant to the Agreement;

“Minister”

« Ministre »

(c)�“Minister” means the Minister of Foreign Affairs; and

“Park”

« parc »

(d)�“Park” means the Roosevelt Campobello International Park at Campobello, New Brunswick.

1995, c. 5, s. 25.


Powers And Exemptions Of The Commission

Powers of Commission

3. The Commission has in Canada the legal powers and capacities of a body corporate, including those set out in section 30 of the Interpretation Act.

Property of Commission exempt from attachment, etc.

4. All property of the Commission in Canada is exempt from attachment, seizure or execution under any writ or order of any court, or of a judge of any court, established by Parliament.

Commission exempt from customs or excise duties

5. No duty or tax payable under any Act of Parliament relating to customs or excise is payable on any property imported into Canada by the Commission for use in connection with the Park.

Commission charitable organization

6. The Commission shall be deemed to be a charitable organization in Canada

(a) as described in paragraph (e) of subsection (1) of section 62 of the Income Tax Act, for the purposes of that Act; and

(b) as described in subparagraph (i) of paragraph (d) of subsection (1) of section 7 of the Estate Tax Act, for the purposes of that Act.


Report To Parliament

Report to Parliament

7. The Commission shall, within three months after the termination of each year, submit to the Minister a report of the affairs of the Commission for that year, including the financial statement of the Commission and the report of its auditors thereon, and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.


Coming Into Force

Coming into force

Schedule



Agreement Between The Government Of Canada And The Government Of The United States Of America Relating To The Establishment Of The Roosevelt Campobello International Park

The governments of Canada and the United States of America

Noting the generous offer by the Hammer family of the summer home of President Franklin Delano Roosevelt on Campobello Island, New Brunswick, Canada, with the intention that it be opened to the general public as a memorial to President Roosevelt, and the acceptance in principle of this offer by Prime Minister Lester B. Pearson and President John F. Kennedy at Hyannis Port in May 1963; and

Recognizing the many intimate associations of President Roosevelt with the summer home on Campobello Island; and

Desiring to take advantage of this unique opportunity to symbolize the close and neighbourly relations between the peoples of Canada and the United States of America by the utilization of the gift to establish a Canadian-United States memorial park;

Agree as follows:


Article 1

There shall be established a joint Canadian-United States commission, to be called the “Roosevelt Campobello International Park Commission”, which shall have as its functions:

(a) to accept title from the Hammer family to the former Roosevelt estate comprising the Roosevelt home and other grounds on Campobello Island;

(b) to take the necessary measures to restore the Roosevelt home as closely as possible to its condition when it was occupied by President Roosevelt;

(c) to administer as a memorial the “Roosevelt Campobello International Park” comprising the Roosevelt estate and such other lands as may be acquired.


Article 2

The Commission shall have juridical personality and all powers and capacity necessary or appropriate for the purpose of performing its functions under this Agreement including, but not by way of limitation, the following powers and capacity:

(a) to acquire and dispose of personal and real property, excepting the power to dispose of the Roosevelt home and the tract of land on which it is located;

(b) to enter into contracts;

(c) to sue or be sued in either Canada or the United States;

(d) to appoint a staff, including an Executive Secretary who shall act as secretary at meetings of the Commission, and to fix the terms and conditions of their employment and remuneration;

(e) to delegate to the Executive Secretary or other officials such authority respecting the employment and direction of staff and the other responsibilities of the Commission as it deems desirable and appropriate;

(f) to adopt such rules of procedure as it deems desirable to enable it to perform the functions set forth in this Agreement;

(g) to charge admission fees for entrance to the Park should the Commission consider such fees desirable; however, such fees shall be set at a level which will make the facilities readily available to visitors;

(h) to grant concessions if deemed desirable;

(i) to accept donations, bequests or devises intended for furthering the funcions of the Commission and to use such donations, bequests or devises as may be provided in the terms thereof.


Article 3

The Commission shall consist of six members, of whom three shall be appointed by the Government of Canada and three appointed by the Government of the United States. One of the Canadian members shall be nominated by the Government of New Brunswick and one of the United States members shall be nominated by the Government of Maine. Alternates may be appointed for each member of the Commission in the same manner as the members. The Commission shall elect a chairman and a vice-chairman from among its members, each of whom shall hold office for a term of two years, in such a manner that members of the same nationality shall never simultaneously serve as chairman and vice-chairman. The chairmanship shall alternate between members of Canadian nationality and United States nationality every two years. A quorum shall consist of at least four members of the Commission or their alternates, including always two from Canada and two from the United States. The affirmative vote of at least two Canadian and two United States members or their respective alternates shall be required for any decision to be taken by the Commission.


Article 4

The Commission may employ both Canadian and United States citizens. Their employment shall be subject to the relevant Canadian labour and other laws, and the Government of Canada agrees to take such measures as may be necessary to permit United States citizens to accept employment with the Commission on a similar basis to Canadian citizens.


Article 5

The Commission shall maintain insurance in reasonable amounts, including, but not limited to, liability and property insurance.


Article 6

The Commission shall hold at least one meeting every calendar year and shall submit an annual report to the Canadian and United States Governments on or before March 31 of each year, including a general statement of the operations for the previous year and an audited statement of the financial operations of the Commission. The Commission shall permit inspection of its records by the accounting agencies of both Governments.


Article 7

All property belonging to the Commission shall be exempt from attachment, execution, or other processes for satisfaction of claims, debts or judgments.


Article 8

The Commission shall not be subject to Federal, State, Provincial or local taxation in Canada or the United States on any real or personal property held by it or on any gift, bequest or devise to it of any personal or real property, or on its income, whether from Governmental appropriations, admission fees, concessions or donations. All personal property imported or introduced into Canada by the Commission for use in connection with the Park shall be free from customs duties. Further consideration shall be given to granting exemption from other taxes the imposition of which would be inconsistent with the functioning of the Commission.


Article 9

Arrangements may be made with the competent agencies of Canada and the United States for rendering, without reimbursement, such services as the Commission may request for the orderly development, maintenance and operation of the Park.


Article 10

The Commission shall take appropriate measures to emphasize the intenational nature of the Park.


Article 11

1. The Governments of Canada and the United States shall share equally the costs of developing the Roosevelt Campobello International Park and the annual cost of operating and maintaining the Park.

2. Any revenues derived from admission fees or concession operations of the Commission shall be transmitted in equal shares to the two Governments within 60 days of the end of the Commission’s fiscal year. Other funds received by the Commission may be used to further the purposes of the Commission, in accordance with the provisions of this Agreement.

3. The Commission shall submit annually to the Canadian and United States Governments a budget covering total anticipated expenditures to be financed from all sources, and shall conduct its operations in accordance with the budget as approved by the two Governments.

4. The Commissioners shall receive no remuneration from the Commission; however, they may be paid reasonable per diem and travel expenses by the Commission.


Article 12

This Agreement requires implementation by legislation in each country; it shall come into effect after the enactment of such legislation on a date to be fixed by an exchange of notes between the two Governments.

Done in duplicate at Washington, this 22nd day of January, 1964.

For The Government Of Canada:(Sgd.) LESTER B. PEARSONFor The Government Of The United States Of America:(Sgd.) LYNDON B. JOHNSON1/22/64

Washington, D.C.


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