Bridge To Strengthen Trade Act
S.C. 2012, c. 31, s. 179
Assented to 2012-12-14
An Act respecting a bridge spanning the Detroit River between Windsor and Detroit and other works
Short Title
Marginal note:Short title
1 This Act may be cited as the Bridge To Strengthen Trade Act.
Interpretation
Marginal note:Definitions
2 The following definitions apply in this Act.
- bridge
bridge means a bridge that spans the Detroit River and connects Windsor, Ontario to Detroit, Michigan and whose piers, in Ontario, are located within the boundaries of the territory described in the schedule, as well as the approaches to the bridge. (pont)
- construction
construction in relation to the bridge, the parkway or a related work, includes any work or activity related to its construction. (construction)
- Minister
Minister means the Minister of Transport. (ministre)
- operation
operation in relation to the bridge or a related work, includes its maintenance and repair. (exploitation)
- parkway
parkway means a road connecting Highway 401 with any work referred to in paragraph (a) or (b) of the definition related work that is located within the boundaries of the territory described in the schedule and any works ancillary to that road. (promenade)
- person
person means an individual, corporation, partnership, trust, joint venture or unincorporated association or organization. (personne)
- related work
related work means any of the following works:
(a) any border services facility related to the bridge that is located in Michigan or within the boundaries of the territory described in the schedule;
(b) any work useful to the operation of the bridge or any border services facility referred to in paragraph (a), including toll booths, duty-free shops and parking lots, that is located in Michigan or within the boundaries of the territory described in the schedule;
(c) any road or interchange connecting Interstate 75 with any work referred to in paragraph (a) or (b) that is located in Michigan;
(d) any work that is accessory to the bridge or to any work referred to in paragraphs (a) to (c); and
(e) any other work specified in the regulations. (ouvrage connexe)
Construction of the Bridge, Parkway and Related Works
Marginal note:Exemption from certain Acts and regulations
3 (1) The Fisheries Act, the Navigable Waters Protection Act, the Species at Risk Act, section 6 of the International Bridges and Tunnels Act and the Port Authorities Operations Regulations do not apply to the construction of the bridge, parkway or any related work.
Marginal note:Authorizations deemed issued
(2) After completion of the construction of the bridge, parkway or any related work, as the case may be, any authorization that would have been required for its construction but for subsection (1), is deemed to have been issued for the purpose of the application of the Acts and regulations referred to in subsection (1).
Marginal note:Exemption from Canadian Environmental Assessment Act, 2012
4 (1) Subject to subsection (2), the Canadian Environmental Assessment Act, 2012 does not apply to the bridge, parkway or any related work.
Marginal note:Expansion, decommissioning, abandonment
(2) The expansion, decommissioning or abandonment of the bridge, parkway or any related work is a project as defined in section 66 of the Canadian Environmental Assessment Act, 2012 and is subject to sections 67 to 72 of that Act.
Marginal note:Responsible authority
5 (1) A responsible authority is exempt from any obligation accrued or accruing under subsections 20(2) and 38(1) of the Canadian Environmental Assessment Act, chapter 37 of the Statutes of Canada, 1992, in relation to the bridge, parkway or any related work.
Marginal note:Windsor Port Authority
(2) The Windsor Port Authority is exempt from any obligation accrued or accruing under subsection 15(2) of the Canada Port Authority Environmental Assessment Regulations in relation to the bridge, parkway or any related work.
Marginal note:Other exemptions
6 (1) The Governor in Council may, by order, exempt any person, on any condition that the Governor in Council considers to be in the public interest, from any requirement under any federal Act to obtain a permit, licence, approval or other authorization in relation to the construction of the bridge, parkway or any related work.
Marginal note:Exemption from Statutory Instruments Act
(2) The Statutory Instruments Act does not apply to the order. However, the order must be published in the Canada Gazette.
Marginal note:Authorizations deemed issued
(3) After completion of the construction of the bridge, parkway or the related work, as the case may be, any authorization that would have been required in relation to its construction but for an exemption granted under subsection (1), is deemed to have been issued for the purpose of the application of the federal Act for which the exemption was granted.
Marginal note:Construction of bridge
7 (1) Before a person who proposes the construction of the bridge begins its construction, they must file with the Minister a plan that includes all measures to be taken to mitigate the bridge’s impact on navigation, the plans for its design and construction, a description of its proposed site and the plans for its management and operation.
Marginal note:Obligation to consult
(2) The person must consult with the Minister before filing the plan.
Marginal note:Harm to fish
8 (1) Before a person who proposes to carry on any work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraphs 35(2)(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery resulting from the carrying on of the work, undertaking or activity.
Marginal note:Obligation to consult
(2) The person must consult with the Minister of Fisheries and Oceans before filing the plan.
Marginal note:Authorizations under Fisheries Act
(3) Any authorization referred to in paragraph 35(2)(b) or (c) of the Fisheries Act that was issued before the coming into force of this section in relation to the carrying on of such a work, undertaking or activity is deemed to be a plan that has been filed in accordance with subsections (1) and (2).
Marginal note:Transitional provision
(4) If a plan was filed with respect to a work, undertaking or activity under subsection (1) as it read before the coming into force of this subsection, then, as of that coming into force, that subsection (1) continues to apply with respect to that work, undertaking or activity.
- 2012, c. 31, ss. 179 “8”, 184
Marginal note:Impact on listed wildlife species, etc.
9 (1) Before a person who proposes to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization under subsection 73(1) of the Species at Risk Act would have been required but for section 3, begins to engage in the activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the impact of the activity on the species, its critical habitat or the residences of its individuals.
Marginal note:Obligation to consult
(2) The person must consult with the Minister of the Environment before filing the plan.
Marginal note:Authorizations under Species at Risk Act
(3) Any authorization referred to in subsection 73(1) of the Species at Risk Act that was granted before the coming into force of this section in relation to the activity is deemed to be a plan that has been filed in accordance with subsections (1) and (2).
Marginal note:Adverse environmental effects
10 Before a person who proposes the construction in Canada of the bridge or of any work referred to in paragraph (a) or (b) of the definition related work in section 2 begins its construction, they must file with the Minister a plan that includes all measures to be taken to mitigate any adverse environmental effects caused by the construction and sets out a process for consulting the public with respect to the construction.
Marginal note:Port Authorities Operations Regulations
11 (1) Before a person who proposes to do anything in the Port of Windsor — in order to construct the bridge — that will have or is likely to have any result that is listed in section 5 of the Port Authorities Operations Regulations begins to do any such thing, they must file with the Minister a plan that includes all measures to be taken to mitigate or prevent the result.
Marginal note:Obligation to consult
(2) The person must consult with the Windsor Port Authority before filing the plan.
Marginal note:Plan amendment
12 (1) Any person who files a plan under any of sections 7 to 11 may amend that plan.
Marginal note:Application of sections 7 to 11 to amended plan
(2) The requirements regarding the content of a plan filed under any of sections 7 to 11, as well as any obligation to consult with respect to that plan, also apply to the corresponding amended plan.
Marginal note:Filing of amended plan
(3) The person must file the amended plan with the Minister. Once filed, the amended plan replaces the plan previously filed.
Marginal note:Implementation of and compliance with plans
13 Any person who files a plan must ensure that it is implemented and complied with.
Operation of the Bridge and Related Works
Marginal note:Designation of initial operator
14 (1) The Minister may designate, in writing, a person as the initial operator of the bridge and any related work.
Marginal note:Exemption from International Bridges and Tunnels Act
(2) Paragraph 23(1)(b) of the International Bridges and Tunnels Act does not apply to the initial operator.
Marginal note:Exemption from Statutory Instruments Act
(3) The Statutory Instruments Act does not apply to the designation.
General Provisions
Marginal note:Authorization — persons
15 (1) Any person may, with the approval of the Governor in Council, do anything referred to in any of paragraphs 90(1)(a) to (e) of the Financial Administration Act for any purpose relating to the construction or operation of the bridge or any related work.
Marginal note:Authorization — parent Crown corporation
(2) Any parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act may, with the approval of the Governor in Council, sell or otherwise dispose of all or substantially all of the corporation’s assets for any purpose relating to the construction or operation of the bridge or any related work.
Definition of corporation
16 For the purposes of sections 17 to 21, corporation means a corporation established under section 29 of the International Bridges and Tunnels Act for any purpose relating to the construction or operation of the bridge or any related work.
Marginal note:Authorization to construct and operate
17 (1) Subject to its letters patent, a corporation is authorized to construct and operate the bridge or any related work.
Marginal note:Authorization by corporation
(2) The corporation may authorize another person to construct or operate the bridge or related work.
Marginal note:Deeming — establishment of corporation
18 (1) A corporation that was established before the coming into force of section 180 of the Jobs and Growth Act, 2012 is deemed to have been established under section 29 of the International Bridges and Tunnels Act as amended by that section 180 and its establishment is deemed to have been authorized for the purpose of paragraph 90(1)(a) of the Financial Administration Act.
Marginal note:Deeming — action taken by corporation
(2) Any action taken by the corporation between the date of its establishment and the date of the coming into force of this section is deemed to have been taken as if sections 16, 17 and 19 to 21 were in force at the time that the action was taken.
Marginal note:Not agent of Her Majesty
19 A corporation is not an agent of Her Majesty in right of Canada.
Marginal note:Public agency
20 A corporation is deemed to be a public agency for the purposes of the Urban Cooperation Act of 1967, MCL 124.501 to 124.512, an Act of the state of Michigan.
Marginal note:Public body corporate and compact entity
21 A corporation may enter into an agreement with the government of the state of Michigan or of any political subdivision of that state or with any of their agencies or agents to establish an entity that is both a public body corporate and a compact entity under the laws of the United States.
Marginal note:Agreements
22 (1) The Minister may enter into an agreement for any purpose relating to the construction or operation of the bridge, parkway or any related work with any person or with the government of the United States or of any political subdivision of the United States or any of their agencies or agents.
Marginal note:Contents of agreement
(2) The agreement may include undertakings to provide financial assistance by Canada, including the granting of guarantees.
Marginal note:Authority to carry out agreement
(3) The Minister may take any measures that he or she considers appropriate to carry out the agreement or to protect the interests or enforce the rights of Her Majesty in right of Canada under the agreement, including accepting and holding on behalf of Her Majesty any security granted under the agreement or releasing or realizing on that security.
Information Gathering
Marginal note:Production of documents
23 (1) The Minister may, for the purpose of verifying compliance with this Act, by registered letter or by a demand served personally, require any person to produce at a place specified in the letter or in the demand any document that the Minister believes is relevant for that purpose that is in the person’s possession, or to which the person may reasonably be expected to have access, within any reasonable time and in any reasonable manner that is specified in the letter or demand.
Marginal note:Compliance
(2) A person who is required to produce any document under subsection (1) must do so as required.
Offences
Marginal note:Offence
24 A person who contravenes any of sections 7 to 11 and 13 and subsection 23(2) is guilty of an offence punishable on summary conviction and liable
(a) in the case of an individual, to a fine of not more than $25,000; and
(b) in any other case, to a fine of not more than $500,000.
Marginal note:Offence committed by employee or agent or mandatary of accused
25 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission.
Marginal note:Due diligence defence
26 Subject to section 25, a person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent its commission.
Marginal note:Limitation period
27 Proceedings in respect of an offence under this Act may be instituted within two years after the day on which the subject matter of the proceedings arose.
Regulatory Powers
Marginal note:Regulations
28 (1) The Minister may, by regulation,
(a) specify that a work is a related work for the purpose of the definition related work in section 2; and
(b) amend the schedule to change the boundaries of the territory described in the schedule.
Marginal note:Coming into effect
(2) A regulation has effect from the day on which it is made.
SCHEDULE(Section 2 and paragraph 28(1)(b))
A territory in the City of Windsor, County of Essex, Province of Ontario, confined within the boundaries described as follows:
Commencing at the intersection of the north limit of Broadway Street and the west limit of Ojibway Parkway, being the northwest corner of Part 5 on Plan 12R-3890 deposited in the Land Registry Office for the Land Titles Division of Essex;
Thence in a westerly direction along the north limit of Broadway Street as described in PIN 01267-0538 LT, PIN 01267-0539 LT, PIN 01268-0232 LT and PIN 01269-0257 LT, recorded in the Land Registry Office for the Land Titles Division of Essex, to a point in the east limit of Sandwich Street, being the northeast corner of Part 6 on Plan 12R-23977 deposited in the Land Registry Office for the Land Titles Division of Essex;
Thence continuing in a westerly direction along the southerly limits of Parts 7, 4, 3, 2 and 1 on Plan 12R-23977 deposited in the Land Registry Office for the Land Titles Division of Essex to the east limit of the Windsor Port Authority property as described in PIN 01590-0011 LT recorded in the Land Registry Office for the Land Titles Division of Essex;
Thence in a northerly direction along the east limit of the Windsor Port Authority property as described in PIN 01590-0011 LT recorded in the Land Registry Office for the Land Titles Division of Essex and being the east limit of part of Part 1 and Part 2 on Plan 12R-6460 deposited in the Land Registry Office for the Land Titles Division of Essex;
Thence continuing in a northerly direction along the east limit of the Windsor Port Authority property, which follows the west limit of Part 4 on Plan 12R-19751 deposited in the Land Registry Office for the Land Titles Division of Essex to the production westerly of the south limit of McKee Street, being the northwest corner of Part 4 on Plan 12R-19751 deposited in the Land Registry Office for the Land Titles Division of Essex;
Thence continuing in a northerly direction to a point, being the southwest corner of the property described in PIN 01553-0362 LT recorded in the Land Registry Office for the Land Titles Division of Essex and being the westerly production of the north limit of McKee Street;
Thence continuing in a northerly direction along the east limit of the Windsor Port Authority property, which follows the west limit of the property described in PIN 01553-0362 LT recorded in the Land Registry Office for the Land Titles Division of Essex to the northwest corner of the property described in PIN 01553-0362 LT recorded in the Land Registry Office for the Land Titles Division of Essex;
Thence in an easterly direction along an arbitrary line to the northwest corner of Prospect Avenue as described in PIN 01553-0342 LT recorded in the Land Registry Office for the Land Titles Division of Essex;
Thence continuing in an easterly direction along the north limit of Prospect Avenue to the northeast corner of Prospect Avenue as described in PIN 01553-0342 LT recorded in the Land Registry Office for the Land Titles Division of Essex;
Thence continuing in an easterly direction along the easterly production of the north limit of Prospect Avenue to the east limit of Sandwich Street to a point which is the northeast corner of the property described in PIN 01553-0378 LT recorded in the Land Registry Office for the Land Titles Division of Essex;
Thence in a southerly direction along the east limit of Sandwich Street as described in PIN 01553-0378 LT recorded in the Land Registry Office for the Land Titles Division of Essex to a point in the southerly limit of Ojibway Parkway, being the northwest corner of Part 1 on Plan 12R-15499 deposited in the Land Registry Office for the Land Titles Division of Essex;
Thence in a southeasterly and southerly direction along the southwesterly and westerly limit of Ojibway Parkway as described in PIN 01258-0314 LT, PIN 01258-0321 LT, PIN 01258-0295 LT and PIN 01267-0427 LT recorded in the Land Registry Office for the Land Titles Division of Essex to the point of commencement.
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