International Bridges and Tunnels Act (S.C. 2007, c. 1)

Short Title

Marginal note:Short title

1 This Act may be cited as the International Bridges and Tunnels Act.

Interpretation and Application

Marginal note:Definitions

2 The following definitions apply in this Act.

alteration

alteration includes a conversion, an extension and a change in the use of an international bridge or tunnel but does not include its operation, maintenance and repair. (modification)

debt obligation

debt obligation means a bond, debenture, note or other evidence of indebtedness or guarantee of an entity, whether secured or unsecured. (titre de créance)

entity

entity means a corporation, partnership, trust, joint venture or unincorporated association or organization. (entité)

international bridge or tunnel

international bridge or tunnel means a bridge or tunnel, or any part of it, that connects any place in Canada to any place outside Canada, and includes the approaches and facilities related to the bridge or tunnel. (pont ou tunnel international)

Minister

Minister means the Minister of Transport.  (ministre)

security

security means

• (a) in relation to a corporation, a share of any class of shares of the corporation or a debt obligation of the corporation, and includes a warrant of the corporation, but does not include a deposit with a financial institution or any instrument evidencing such a deposit; and

• (b) in relation to any other entity, any ownership interest in or debt obligation of the entity. (titre)

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Relationship with certain Acts

• 4 (1) In the event of any inconsistency or conflict between this Act or any regulations made under it and any Act listed in the schedule, this Act and the regulations prevail to the extent of the inconsistency or conflict.

• Marginal note:Amendment of schedule

  (2) The Governor in Council may, on the recommendation of the Minister, make regulations amending the schedule by adding, chang­ing or deleting the name of an Act.

• Marginal note:Application of other Acts

  (3) Nothing in this Act or any regulations made under it affects the application of any other Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.

• (4) [Repealed, 2009, c. 2, s. 341]

Marginal note:Works for general advantage of Canada

5 International bridges and tunnels are declared to be works for the general advantage of Canada.

Construction and Alteration

Marginal note:Prohibition

6 No person shall construct or alter an international bridge or tunnel without the approval of the Governor in Council.

Marginal note:Application for approval

• 7 (1) Approval for the construction or alteration of an international bridge or tunnel may only be obtained by submitting an application to the Minister for approval by the Governor in Council.

• Marginal note:Consultation

  (1.1) The Minister may, if in the opinion of the Minister it is necessary having regard to all the circumstances, consult with the other levels of government that have jurisdiction over the place of the proposed construction or alteration and with any person who, in the opinion of the Minister, has a direct interest in the matter.

• Marginal note:Documents or information

  (2) A person who submits an application shall provide the Minister with any document or information that is required under guidelines issued by the Minister and any other document or information that is required by the Minister after receipt of the application.

• Marginal note:Not statutory instruments

  (3) The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:Approval of Governor in Council

• 8 (1) The Governor in Council may, on the recommendation of the Minister, approve the proposed construction or alteration of an international bridge or tunnel subject to any terms and conditions that the Governor in Council considers appropriate.

• Marginal note:Variation of terms and conditions

  (2) The Governor in Council may vary or rescind the terms and conditions or impose new terms and conditions.

• Marginal note:Compliance with terms and conditions

  (3) Every person who is subject to terms and conditions shall comply with them.

Marginal note:Ministerial order

• 9 (1) If an international bridge or tunnel is constructed or altered without the approval of the Governor in Council, the Minister may

  • (a) order any person to refrain from proceeding with the construction or alteration of the bridge or tunnel;

  • (b) order the owner of the bridge or tunnel to remove or alter the bridge or tunnel; and

  • (c) if the owner of the bridge or tunnel fails to comply with an order made under paragraph (b), remove and destroy the bridge or tunnel and sell, give away or otherwise dispose of the materials contained in the bridge or tunnel.

• Marginal note:Costs of removal, destruction or disposal

  (2) The costs of and incidental to anything done by the Minister under paragraph (1)(c) are — after deducting any sum that may be realized by sale or otherwise — recoverable with costs by Her Majesty in right of Canada from the owner as a debt due to Her Majesty.

Marginal note:Offence

• 10 (1) Every person who contravenes section 6 or subsection 8(3) or fails to comply with an order of the Minister under paragraph 9(1)(a) or (b) is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both; or

  • (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Continuing offence

  (2) If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (3) If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Court may order forfeiture

• 11 (1) If a person is convicted on indictment of an offence referred to in subsection 10(1), the court may, in addition to any other punishment that it may impose, order that the international bridge or tunnel, or anything used in its construction or alteration, (in this section referred to as the “property”) be forfeited and, on the making of the order, the property is forfeited to Her Majesty in right of Canada.

• Marginal note:Application by person claiming interest

  (2) If any property is forfeited under subsection (1), any person, other than a person convicted of the offence that resulted in the forfeiture, who claims a right or interest in the property, may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the property is situated for an order under subsection (5).

• Marginal note:Date of hearing

  (3) A judge to whom the application is made shall fix a day not less than 30 days after the date of filing of the application for the hearing of the application.

• Marginal note:Notice

  (4) An applicant shall serve on the Minister a notice of the application and the day fixed for the hearing of the application at least 15 days before the day fixed for the hearing.

• Marginal note:Order by judge

  (5) The applicant is entitled to an order by a judge declaring that the applicant’s right or interest is not affected by the forfeiture if, on the hearing of the application, the judge is satisfied that the applicant

  • (a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted of the offence; and

  • (b) exercised reasonable care to prevent the property from being constructed, altered or used, as the case may be, in contravention of this Act.

  The judge shall include in the order a declaration of the nature and extent of the applicant’s right or interest.

• Marginal note:Appeal

  (6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred, and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

• Marginal note:Application to Minister

  (7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

  • (a) direct that the property to which the applicant’s right or interest relates be returned to the applicant; or

  • (b) direct that an amount equal to the value of the applicant’s right or interest, as declared in the order, be paid to the applicant.

• Marginal note:Disposal of forfeited property

  (8) If no application is made under this section for an order in relation to a right or interest in any property or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the property shall be disposed of in any manner that the Minister may direct.

Marginal note:Expropriation

12 If a person requires an interest in land or an immovable real right within the meaning of section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land or the immovable real right, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land or the immovable real right expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that are necessary, as if the person were a railway company.

Maintenance and Repair

Marginal note:Ministerial order

13 The Minister may order the owner or operator of an international bridge or tunnel to take any action that the Minister considers appropriate to ensure that it is kept in good condition.

Marginal note:Regulations

14 The Governor in Council may, on the recommendation of the Minister, make regulations respecting the maintenance and repair of international bridges and tunnels, including regulations

• (a) requiring the owner or operator of an international bridge or tunnel to prepare reports for the Minister on the condition of the bridge or tunnel;

• (b) specifying the information that is to be included in the reports and when they must be prepared and sent to the Minister;

• (c) requiring any person or class of persons to provide to the Minister any information related to the maintenance and repair of international bridges and tunnels; and

• (d) providing for the inspection of international bridges and tunnels by the Minister or a person designated by the Minister.

Operation and Use

Marginal note:Regulations

• 15 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the operation and use of international bridges and tunnels, including regulations

  • (a) respecting the use that may be made of international bridges or tunnels by different types of vehicles;

  • (b) respecting any matter relating to complaints in respect of tolls, fees and other charges, including the procedures to be followed and the person or body who is responsible for dealing with complaints;

  • (c) respecting the level of service that is to be provided by owners or operators of international bridges or tunnels; and

  • (d) requiring any person or class of persons to provide to the Minister any information related to the operation and use of international bridges and tunnels.

• Marginal note:Consultations

  (2) Before recommending that a regulation be made under subsection (1), the Minister shall, if in the opinion of the Minister it is necessary having regard to all the circumstances, consult with the other levels of government that have jurisdiction over any place where an international bridge or tunnel is situated and with any person who, in the opinion of the Minister, has a direct interest in the matter.

Marginal note:Ministerial order

15.1 If the Minister is of the opinion that a change in the tolls, fees or other charges for the use of an international bridge or tunnel is resulting in adverse effects on the flow of traffic, the Minister may, with the approval of the Governor in Council, order the owner or operator of the bridge or tunnel to impose the tolls, fees or other charges that, in the opinion of the Minister, would not result in adverse effects on the flow of traffic. Before ordering an owner or operator to impose specified tolls, fees or other charges, the Minister shall consult with the owner or operator concerning the impact that those tolls, fees or other charges could have on their financial situation.

Security and Safety

Marginal note:Regulations

16 The Governor in Council may, on the recommendation of the Minister, make regulations respecting the security and safety of international bridges and tunnels, including regulations

• (a) requiring persons who own or operate international bridges or tunnels to develop and implement security plans and establish security management systems;

• (b) specifying what must be included in the security plans and requiring persons who own or operate international bridges or tunnels to make the additions, changes or deletions to their security plans that the Minister considers appropriate; and

• (c) requiring any person or class of persons to provide to the Minister any information related to the security and safety of international bridges and tunnels.

Marginal note:Emergency directions

17 If the Minister is of the opinion that there is an immediate threat to the security or safety of any international bridge or tunnel, the Minister may make directions — including directions respecting the evacuation of the bridge or tunnel and the diversion of traffic or persons — requiring any person to do, or to refrain from doing, anything that in the opinion of the Minister it is appropriate to do or refrain from doing in order to respond to the threat.

Marginal note:Authorized officer may make emergency direction

18 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 17 whenever the officer is of the opinion that there is a threat referred to in that section.