No. H015/06
For release April 24, 2006
OTTAWA — Lawrence Cannon, Minister of Transport, Infrastructure
and Communities, today tabled the
International Bridges and Tunnels Act in the
House of Commons.
"For the first time, the Government of Canada is establishing a legislative
framework to enable it to exercise authority over international bridges and
tunnels," said Mr. Cannon. "Our government has a responsibility to ensure that
any crossing supports the national interests for safety, security and the
efficient movement of people and goods. This act also meets the government's
agenda of securing Canada's borders, improving infrastructure and supporting the
creation of jobs through international trade."
The proposed amendments would give the Government of Canada the legislative
authority required to oversee the approval of international bridges and tunnels.
They would provide the governor-in-council, on the recommendation of the
Minister of Transport, with the authority to approve the construction or
alteration of international bridges and tunnels, and to develop regulations
pertaining to the governance, maintenance, safety, security and operation of
these structures. The legislation would also permit the federal government to
approve any sales or transfers affecting the ownership of international bridges
and tunnels.
The act would strengthen federal government oversight of all new and existing
international bridges and tunnels, in order to better protect the public
interest and ensure the efficient flow of international trade. The regulations
would ensure that the structures are safe and secure, that they are altered and
maintained so as to maximize their long-term viability, and that they are being
commercially operated in a manner that will ensure the efficient flow of goods
and people.
There are currently 24 international vehicular bridges and tunnels and five
international railway tunnels linking Canada and the United States. These
bridges and tunnels carry the vast majority of Canadian trade with the United
States and play a vital role in Canada's transportation system.
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Contact:
Linda Licari
Communications
Transport Canada, Ottawa
(613) 993-0055
Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at apps.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada.
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BACKGROUNDER
INTERNATIONAL BRIDGES AND TUNNELS ACT
Under The Constitution Act, 1867, jurisdiction for international bridges and
tunnels is assigned to the federal government. Despite this, few laws of general
application to international bridges and tunnels have been adopted, and no clear
authority exists to regulate matters concerning international bridges and
tunnels — such as the approval of the construction or alteration of new and
existing bridges or tunnels, the approval of changes in their ownership,
operation or control, and issues of maintenance and operation, safety or
security.
Currently, there is no approval process in Canada for the construction of a new
international bridge or tunnel or the alteration of an existing one. Many of the
bridges and tunnels were originally created by special acts of Parliament, with
mirror legislation being passed in the United States. The U.S. has since
streamlined its approval process by requiring persons wishing to construct or
alter a new or existing international bridge to apply for a Presidential Permit.
The proposed act would:
serve to confirm the federal government's exclusive jurisdiction with respect
to international bridges and tunnels;
require governmental approval for the construction or alteration of new and
existing bridges or tunnels;
require governmental approval for all changes in ownership, operation and
control of international bridges or tunnels; and
authorize the government to make regulations regarding bridge maintenance and
repair, safety and security, and operation and use.
There are currently 24 international vehicular bridges and tunnels between
Canada and the United States: 14 in Ontario, nine in New Brunswick and one in
Quebec, connecting the states of Maine, Vermont, New York, Michigan and
Minnesota. There are also five international railway bridges and tunnels, all
located in Ontario.
These bridges and tunnels are owned under various arrangements: 22 are publicly
owned (seven by a federal authority, 13 by a provincial or municipal authority,
one by a joint authority and one by an American authority), while the remaining
two road and five railway bridges and tunnels are privately owned. The federal
government owns the Canadian half of five bridges: four through two Crown
corporations (the Federal Bridge Corporation Limited and the Blue Water Bridge
Authority) and one through an international authority (the Peace Bridge). The
owners of these bridges are not necessarily the operators.
These bridges and tunnels play a vital role in Canada's transportation system,
and to international trade. In fact, the majority of Canada's exports to the
U.S. are transported via these bridges and tunnels, with crossings located
between Ontario and New York and Michigan supporting the highest traffic
volumes.
April 2006
