The International Bridges and Tunnels Act receives Royal Assent - February 1, 2007
No. H 016/07
For release February 1, 2007
OTTAWA - Canada's New Government today announced that the International Bridges and Tunnels Act, formerly known as Bill C-3, received Royal Assent
today. This legislation will provide the federal government with the legislative
authority to ensure effective oversight of the existing 24 international
vehicular bridges and tunnels and nine international railway bridges and
tunnels, as well as any new international bridges or tunnels built in the
future.
Jurisdiction for international bridges and tunnels was assigned to the federal
government under the Constitution Act, 1867. Despite this, no clear authority existed to regulate
matters concerning approvals for the construction of new, or the alteration of
existing, bridges or tunnels; approvals for changes in ownership, operation or
control; and issues concerning maintenance, operations, safety and security. In
the past, most international bridges and tunnels were built only after a special
act of Parliament was enacted.
"This legislation will help us ensure that these bridges and tunnels continue to
be safe and well-maintained, security plans are put in place and that this
country's vital trade links are preserved," said the Honourable Lawrence Cannon,
Minister of Transport, Infrastructure and Communities.
"It will also provide the federal government with the powers to grant approval
to build new international bridges and tunnels, to alter existing bridges and
tunnels and impose necessary terms and conditions to protect the public
interest."
Highlights of the new act include:
The Minister, through the governor-in-council, has the power to make regulations
concerning the safety, security, operation and use of international bridges and
tunnels.
The Minister will have the authority to issue an emergency directive in
response to a potential threat to the safety or security of any international
bridge or tunnel.
This act replaces the need to enact a special act of Parliament for the
construction of any new international bridge or tunnel.
In order to help protect the safety, security and efficiency of the
transportation system, Ministerial approval will be required for transactions
that result in changes in ownership or the operation of any international bridge
or tunnel.
While the act received Royal Assent today, some provisions of the bill, such
as the requirement to obtain governor-in-council approval for the construction
or alteration of an international bridge or tunnel, will come into effect once a
decree is obtained from the governor-in-council. Other provisions related to
safety and security will require the development of regulations or directives
and will come into effect at a later date.
Bill C-3 was first introduced in the House of Commons on April 24, 2006. It
received all three readings before being introduced in the Senate on June 22, 2006. After receiving third reading in the Senate on December 12, 2006, it was
sent back to the House for a final vote on several Senate amendments, which were
debated and the bill passed on January 29, 2007.
A backgrounder with further information on the
International Bridges and Tunnels Act is attached.
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Contacts:
Natalie Sarafian
Press Secretary
Office of the Minister of Transport,
Infrastructure and Communities,
Ottawa
(613) 991-0700
Nicole McNeely
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 was assigned to the federal government. Despite this, no clear authority
existed to regulate matters concerning approvals for the construction of new, or
the alteration of existing, bridges or tunnels; approvals for changes in
ownership, operation or control; and issues concerning maintenance, operations,
safety and security.
In the past, most international bridges and tunnels were built only after a
special act of Parliament was enacted. Similar legislation in the form of a
Congressional Bill was also required from the United States. The United States
has since streamlined its approval process by replacing the need for a bill by a
Presidential Permit to construct a new or alter an existing international bridge
or tunnel.
Highlights of the new act
Security:
The Minister, through the governor-in-council, will have the power to order the
inspection of the structure of an international bridge or tunnel, or the
disclosure of copies of its safety inspection reports to the federal government.
In the past, safety reports were shared with Transport Canada on a voluntary
basis and the department did not consistently receive reports concerning all
international bridges and tunnels. If any of the shared reports revealed repairs
that the Minister of Transport, or any of his representatives deemed necessary,
the Minister had no power to order that these repairs be performed.
The Minister, through the governor-in-council, will have the power to order a
threat and vulnerability assessment of a bridge or tunnel to identify security
gaps, or order that these gaps be addressed and reassessed on a regular basis.
While assessments have been undertaken for some bridges and tunnels, since
September 11, 2001, not all have been assessed, and there was no requirement for
owners or operators to share their reports with Transport Canada. As in the case
of safety inspection reports, if deficiencies were noted in terms of security,
the Minister did not have the power to order the implementation of any security
measures.
The Minister will also have the authority to issue an emergency directive in
response to a potential threat to the safety or security of any international
bridge or tunnel.
Construction of international bridges or tunnels:
As mentioned above, most of Canada's international bridges or tunnels were
created by way of a special act of Parliament. These special acts - and the
permissions they granted - were, for the most part, only valid for a specific
structure and could not be extended to the replacement of an existing but
outdated structure with a new one. It still required the approval of the
governor-in-council through a new special act of Parliament. This new act
replaces those special acts with a streamlined administrative process that will
run in parallel with, or could be used to coordinate, the many permits that
already have to be obtained. This new process should not delay any projects
currently underway, but should help speed up the process.
Alterations to existing international bridges and tunnels:
In the past, any alterations to these international structures did not require
governor-in-council approval. As part of this department's mandate to protect
the safety, security and efficiency of the transportation system, it is
important that the federal government has the necessary oversight powers to
ensure that any alterations to said structures do not in any way negatively
affect or compromise the safety, security and efficiency of the system,
including the flow of goods and services.
Bridge operations/tolls:
Under this new act, the Minister of Transport will be able to regulate, if
required, operational issues such as how the bridge is to be used or what type
of vehicles will be permitted. In the past, any such regulation would have been
included as part of a special act of Parliament.
This act will also provide the Minister with limited power with regard to the
setting of tolls, but the Minister will only be able to intervene if a bridge or
tunnel were to change its tolls and this change had a negative effect on
traffic. The Minister will be able to order a rollback of the toll rate to a
level that does not negatively impact traffic, but only after consulting with
the bridge operators and/or owners as to the potential financial implications of
the revised rates.
Changes in ownership and operations:
Before the passage of this new act, government approval was not required for
transactions that resulted in changes to the ownership or operation of any
international bridge or tunnel. Owners could sell or lease their bridge or
tunnel to any entity that presented them with an offer, even if this action
presented a risk to national security or was done without regard for the
structure's long-term operation. This new approval will provide the federal
government with the legislative authority to ensure that the safety, security
and efficiency of the transportation system remains protected.
Currently, there are 24 international vehicular bridges and tunnels between
Canada and the United States: 14 in Ontario, nine in New Brunswick and one in
Quebec. They connect this country to the states of Maine, Vermont, New York,
Michigan and Minnesota. There are also nine international railway bridges and
tunnels, eight of which are located in Ontario and one in New Brunswick.
These bridges and tunnels operate under a variety of ownership arrangements.
Twenty-two are publicly owned - seven by federal entities, 13 by provincial or
municipal authorities, one by a joint authority and one by an American
authority. The remaining two road and nine railway bridges and tunnels are
privately owned. Of the publicly owned bridges, four are owned by 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.
February 2007
