Marginal note:Works for general advantage of Canada

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

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.