Bridge To Strengthen Trade Act (S.C. 2012, c. 31, s. 179)

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 The Fisheries Act, the Canadian Navigable Waters 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:Exemption from Impact Assessment Act

• 4 (1) Subject to subsection (2), the Impact Assessment Act 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 81 of the Impact Assessment Act and is subject to sections 82 to 91 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:Death of fish or harmful alteration, disruption or destruction of fish habitat

• 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 paragraph 34.4(2)(b) or (c) or 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 extent of death of fish or the harmful alteration, disruption or destruction of fish habitat, 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.

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.