Bridge To Strengthen Trade Act

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Sections81

• 1Short title

  This Act may be cited as the Bridge To Strengthen Trade Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  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)

• 2[p3]

  construction in relation to the bridge, the parkway or a related work, includes any work or activity related to its construction. (construction)

• 2[p4]

  Minister means the Minister of Transport. (ministre)

• 2[p5]

  operation in relation to the bridge or a related work, includes its maintenance and repair. (exploitation)

• 2[p6]

  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)

• 2[p7]

  person means an individual, corporation, partnership, trust, joint venture or unincorporated association or organization. (personne)

• 2[p8]

  related work means any of the following works:

• 2[p8](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;

• 2[p8](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;

• 2[p8](c)

  any road or interchange connecting Interstate 75 with any work referred to in paragraph (a) or (b) that is located in Michigan;

• 2[p8](d)

  any work that is accessory to the bridge or to any work referred to in paragraphs (a) to (c); and

• 2[p8](e)

  any other work specified in the regulations. (ouvrage connexe)

• 3Exemption from certain Acts and regulations

  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.

• 4Exemption 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.

• 4(2)Expansion, decommissioning, abandonment

  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.

• 5Responsible 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.

• 5(2)Windsor Port Authority

  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.

• 6Other 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.

• 6(2)Exemption from Statutory Instruments Act

  The Statutory Instruments Act does not apply to the order. However, the order must be published in the Canada Gazette.

• 6(3)Authorizations deemed issued

  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.

• 7Construction 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.

• 7(2)Obligation to consult

  The person must consult with the Minister before filing the plan.

• 8Death 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.

• 8(2)Obligation to consult

  The person must consult with the Minister of Fisheries and Oceans before filing the plan.

• 8(3)Authorizations under Fisheries Act

  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).

• 8(4)Transitional provision

  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.

• 9Impact 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.

• 9(2)Obligation to consult

  The person must consult with the Minister of the Environment before filing the plan.

• 9(3)Authorizations under Species at Risk Act

  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).

• 10Adverse environmental effects

  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.

• 11Port 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.

• 11(2)Obligation to consult

  The person must consult with the Windsor Port Authority before filing the plan.

• 12Plan amendment
• 12(1)

  Any person who files a plan under any of sections 7 to 11 may amend that plan.

• 12(2)Application of sections 7 to 11 to amended plan

  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.

• 12(3)Filing of amended plan

  The person must file the amended plan with the Minister. Once filed, the amended plan replaces the plan previously filed.

• 13Implementation of and compliance with plans

  Any person who files a plan must ensure that it is implemented and complied with.

• 14Designation of initial operator
• 14(1)

  The Minister may designate, in writing, a person as the initial operator of the bridge and any related work.

• 14(2)Exemption from International Bridges and Tunnels Act

  Paragraph 23(1)(b) of the International Bridges and Tunnels Act does not apply to the initial operator.

• 14(3)Exemption from Statutory Instruments Act

  The Statutory Instruments Act does not apply to the designation.

• 15Authorization — 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.

• 15(2)Authorization — parent Crown corporation

  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.

• 16Definition of corporation

  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.

• 17Authorization 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.

• 17(2)Authorization by corporation

  The corporation may authorize another person to construct or operate the bridge or related work.

• 18Deeming — 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.

• 18(2)Deeming — action taken by corporation

  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.

• 19Not agent of Her Majesty

  A corporation is not an agent of Her Majesty in right of Canada.

• 20Public agency

  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.

• 21Public body corporate and compact entity

  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.

• 22Agreements
• 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.

• 22(2)Contents of agreement

  The agreement may include undertakings to provide financial assistance by Canada, including the granting of guarantees.

• 22(3)Authority to carry out agreement

  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.

• 23Production 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.

• 23(2)Compliance

  A person who is required to produce any document under subsection (1) must do so as required.

• 24Offence

  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

• 24(a)

  in the case of an individual, to a fine of not more than $25,000; and

• 24(b)

  in any other case, to a fine of not more than $500,000.

• 25Offence committed by employee or agent or mandatary of accused

  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.

• 26Due diligence defence

  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.

• 27Limitation period

  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.

• 28Regulations
• 28(1)

  The Minister may, by regulation,

• 28(1)(a)

  specify that a work is a related work for the purpose of the definition related work in section 2; and

• 28(1)(b)

  amend the schedule to change the boundaries of the territory described in the schedule.

• 28(2)Coming into effect

  A regulation has effect from the day on which it is made.