International Bridges and Tunnels Act (S.C. 2007, c. 1)

Short Title

Marginal note:Short title

1 This Act may be cited as the International Bridges and Tunnels Act.

Interpretation and Application

Marginal note:Definitions

2 The following definitions apply in this Act.

alteration

alteration includes a conversion, an extension and a change in the use of an international bridge or tunnel but does not include its operation, maintenance and repair. (modification)

debt obligation

debt obligation means a bond, debenture, note or other evidence of indebtedness or guarantee of an entity, whether secured or unsecured. (titre de créance)

entity

entity means a corporation, partnership, trust, joint venture or unincorporated association or organization. (entité)

international bridge or tunnel

international bridge or tunnel means a bridge or tunnel, or any part of it, that connects any place in Canada to any place outside Canada, and includes the approaches and facilities related to the bridge or tunnel. (pont ou tunnel international)

Minister

Minister means the Minister of Transport.  (ministre)

security

security means

• (a) in relation to a corporation, a share of any class of shares of the corporation or a debt obligation of the corporation, and includes a warrant of the corporation, but does not include a deposit with a financial institution or any instrument evidencing such a deposit; and

• (b) in relation to any other entity, any ownership interest in or debt obligation of the entity. (titre)

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Relationship with certain Acts

• 4 (1) In the event of any inconsistency or conflict between this Act or any regulations made under it and any Act listed in the schedule, this Act and the regulations prevail to the extent of the inconsistency or conflict.

• Marginal note:Amendment of schedule

  (2) The Governor in Council may, on the recommendation of the Minister, make regulations amending the schedule by adding, chang­ing or deleting the name of an Act.

• Marginal note:Application of other Acts

  (3) Nothing in this Act or any regulations made under it affects the application of any other Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.

• (4) [Repealed, 2009, c. 2, s. 341]

Marginal note:Works for general advantage of Canada

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

Construction and Alteration

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.

Marginal note:Offence

• 10 (1) Every person who contravenes section 6 or subsection 8(3) or fails to comply with an order of the Minister under paragraph 9(1)(a) or (b) is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both; or

  • (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Continuing offence

  (2) If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (3) If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Court may order forfeiture

• 11 (1) If a person is convicted on indictment of an offence referred to in subsection 10(1), the court may, in addition to any other punishment that it may impose, order that the international bridge or tunnel, or anything used in its construction or alteration, (in this section referred to as the “property”) be forfeited and, on the making of the order, the property is forfeited to Her Majesty in right of Canada.

• Marginal note:Application by person claiming interest

  (2) If any property is forfeited under subsection (1), any person, other than a person convicted of the offence that resulted in the forfeiture, who claims a right or interest in the property, may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the property is situated for an order under subsection (5).

• Marginal note:Date of hearing

  (3) A judge to whom the application is made shall fix a day not less than 30 days after the date of filing of the application for the hearing of the application.

• Marginal note:Notice

  (4) An applicant shall serve on the Minister a notice of the application and the day fixed for the hearing of the application at least 15 days before the day fixed for the hearing.

• Marginal note:Order by judge

  (5) The applicant is entitled to an order by a judge declaring that the applicant’s right or interest is not affected by the forfeiture if, on the hearing of the application, the judge is satisfied that the applicant

  • (a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted of the offence; and

  • (b) exercised reasonable care to prevent the property from being constructed, altered or used, as the case may be, in contravention of this Act.

  The judge shall include in the order a declaration of the nature and extent of the applicant’s right or interest.

• Marginal note:Appeal

  (6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred, and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

• Marginal note:Application to Minister

  (7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

  • (a) direct that the property to which the applicant’s right or interest relates be returned to the applicant; or

  • (b) direct that an amount equal to the value of the applicant’s right or interest, as declared in the order, be paid to the applicant.

• Marginal note:Disposal of forfeited property

  (8) If no application is made under this section for an order in relation to a right or interest in any property or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the property shall be disposed of in any manner that the Minister may direct.

Marginal note:Expropriation

12 If a person requires an interest in land or an immovable real right within the meaning of section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land or the immovable real right, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land or the immovable real right expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that are necessary, as if the person were a railway company.

Maintenance and Repair

Marginal note:Ministerial order

13 The Minister may order the owner or operator of an international bridge or tunnel to take any action that the Minister considers appropriate to ensure that it is kept in good condition.

Marginal note:Regulations

14 The Governor in Council may, on the recommendation of the Minister, make regulations respecting the maintenance and repair of international bridges and tunnels, including regulations

• (a) requiring the owner or operator of an international bridge or tunnel to prepare reports for the Minister on the condition of the bridge or tunnel;

• (b) specifying the information that is to be included in the reports and when they must be prepared and sent to the Minister;

• (c) requiring any person or class of persons to provide to the Minister any information related to the maintenance and repair of international bridges and tunnels; and

• (d) providing for the inspection of international bridges and tunnels by the Minister or a person designated by the Minister.

Operation and Use

Marginal note:Regulations

• 15 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the operation and use of international bridges and tunnels, including regulations

  • (a) respecting the use that may be made of international bridges or tunnels by different types of vehicles;

  • (b) respecting any matter relating to complaints in respect of tolls, fees and other charges, including the procedures to be followed and the person or body who is responsible for dealing with complaints;

  • (c) respecting the level of service that is to be provided by owners or operators of international bridges or tunnels; and

  • (d) requiring any person or class of persons to provide to the Minister any information related to the operation and use of international bridges and tunnels.

• Marginal note:Consultations

  (2) Before recommending that a regulation be made under subsection (1), the Minister shall, 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 any place where an international bridge or tunnel is situated and with any person who, in the opinion of the Minister, has a direct interest in the matter.

Marginal note:Ministerial order

15.1 If the Minister is of the opinion that a change in the tolls, fees or other charges for the use of an international bridge or tunnel is resulting in adverse effects on the flow of traffic, the Minister may, with the approval of the Governor in Council, order the owner or operator of the bridge or tunnel to impose the tolls, fees or other charges that, in the opinion of the Minister, would not result in adverse effects on the flow of traffic. Before ordering an owner or operator to impose specified tolls, fees or other charges, the Minister shall consult with the owner or operator concerning the impact that those tolls, fees or other charges could have on their financial situation.

Security and Safety

Marginal note:Regulations

16 The Governor in Council may, on the recommendation of the Minister, make regulations respecting the security and safety of international bridges and tunnels, including regulations

• (a) requiring persons who own or operate international bridges or tunnels to develop and implement security plans and establish security management systems;

• (b) specifying what must be included in the security plans and requiring persons who own or operate international bridges or tunnels to make the additions, changes or deletions to their security plans that the Minister considers appropriate; and

• (c) requiring any person or class of persons to provide to the Minister any information related to the security and safety of international bridges and tunnels.

Marginal note:Emergency directions

17 If the Minister is of the opinion that there is an immediate threat to the security or safety of any international bridge or tunnel, the Minister may make directions — including directions respecting the evacuation of the bridge or tunnel and the diversion of traffic or persons — requiring any person to do, or to refrain from doing, anything that in the opinion of the Minister it is appropriate to do or refrain from doing in order to respond to the threat.

Marginal note:Authorized officer may make emergency direction

18 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 17 whenever the officer is of the opinion that there is a threat referred to in that section.

Marginal note:Duration

19 A direction comes into force immediately when it is made but ceases to have force 30 days after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 30 days.

Marginal note:Relationship with regulations

• 20 (1) A direction may provide that it applies in lieu of or in addition to any regulation made under section 16.

• Marginal note:Conflict

  (2) In the event of any inconsistency or conflict between a regulation and a direction, the direction prevails to the extent of the inconsistency or conflict.

Marginal note:Not statutory instrument

21 A direction made under section 17 or 18 is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Offence

• 22 (1) Every person who contravenes a regulation made under section 16 or a direction made under section 17 or 18 is guilty of an offence and is liable on summary conviction

  • (a) in the case of an individual, to a fine not exceeding $5,000; and

  • (b) in the case of a corporation, to a fine not exceeding $100,000.

• Marginal note:Continuing offence

  (2) If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (3) If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

• Marginal note:No offence

  (4) A person authorized by the Minister to verify compliance with a regulation or a direction referred to in subsection (1) does not commit an offence if the person commits any act or omission that is required in the course of verifying compliance and that would otherwise constitute a contravention of a regulation or direction referred to in that subsection.

Change of Ownership, Operator or Control

Marginal note:Prohibition

• 23 (1) No person shall, without the approval of the Governor in Council,

  • (a) purchase or otherwise acquire an international bridge or tunnel;

  • (b) operate an international bridge or tunnel; or

  • (c) acquire control of an entity that owns or operates an international bridge or tunnel.

• Marginal note:Interpretation

  (2) For the purpose of this section and sections 26 and 28,

  • (a) a person controls a corporation that owns or operates an international bridge or tunnel if securities of the corporation to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation are beneficially owned by that person and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;

  • (b) a person controls an unincorporated entity, other than a limited partnership, that owns or operates an international bridge or tunnel if more than 50 per cent of the ownership interests, however designated, into which the entity is divided are beneficially owned by that person and the person is able to direct the business and affairs of the entity;

  • (c) the general partner of a limited partnership that owns or operates an international bridge or tunnel controls the limited partnership; and

  • (d) a person controls an entity that owns or operates an international bridge or tunnel if the person has any direct or indirect influence that, if exercised, would result in control in fact of the entity.

• Marginal note:Deemed control

  (3) A person is deemed to control an entity referred in paragraph 2(a) or (b) if that person and any entities controlled by that person beneficially own securities of the entity and that person and those entities, if they were considered as one person, would control the entity.

Marginal note:Application for approval

• 24 (1) Approval for anything referred to in paragraphs 23(1)(a) to (c) 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 where the international bridge or tunnel that is the subject of the application is situated 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

• 25 (1) The Governor in Council may, on the recommendation of the Minister, approve an application referred to in section 24 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

• 26 (1) The Minister may, in accordance with any terms and conditions that the Minister considers appropriate, order a person

  • (a) to sell, assign, transfer or otherwise dispose of an international bridge or tunnel if the person purchased or otherwise acquired it without the approval of the Governor in Council;

  • (b) to cease operating an international bridge or tunnel if the person is operating it without the approval of the Governor in Council; and

  • (c) to relinquish control of an entity that owns or operates an international bridge or tunnel if the person acquired control of the entity without the approval of the Governor in Council.

• Marginal note:Interim manager

  (2) The Minister may, if an order is made under subsection (1), appoint a person to manage and operate the international bridge or tunnel on an interim basis and in accordance with any terms and conditions that the Minister may specify.

Marginal note:Offence

• 27 (1) Every person who contravenes section 23 or subsection 25(3) or fails to comply with an order of the Minister under section 26 is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both; or

  • (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Continuing offence

  (2) If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (3) If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Regulations

28 The Governor in Council may, on the recommendation of the Minister, make regulations requiring any person or class of persons to provide to the Minister any information related to the ownership of international bridges and tunnels and the control of any entity that owns or operates an international bridge or tunnel.

Incorporation by Letters Patent

Marginal note:Letters patent

• 29 (1) The Governor in Council may, on the recommendation of the Minister, issue letters patent of incorporation for the establishment of a corporation, with or without share capital, for any purpose relating to the construction or operation of an international bridge or tunnel. Letters patent take effect on the date stated in them.

• Marginal note:Contents of letters patent

  (2) The letters patent may include the following:

  • (a) the corporate name of the corporation;

  • (b) the objects of the corporation;

  • (c) provisions specifying the activities that may, or may not, be carried on by the corporation;

  • (d) the place where the registered office of the corporation is located;

  • (e) provisions regarding the keeping of, and access to, records of the corporation;

  • (f) the number of directors to be appointed and provisions governing their appointment, term of office, remuneration, indemnification and removal;

  • (g) provisions regarding the powers, duties and functions of the directors and meetings of the directors;

  • (h) a code of conduct governing the conduct of the directors and officers of the corporation;

  • (i) provisions for the holding of meetings of members or shareholders of the corporation, including an annual public meeting;

  • (j) provisions regarding the ownership of, or membership in, the corporation;

  • (k) provisions regarding the management and control of the corporation;

  • (l) provisions regarding financial statements and corporate finance, including provisions regarding the power of the corporation to borrow money on the credit of the corporation and to issue debt obligations and provide security for its obligations;

  • (m) provisions regarding subsidiaries of the corporation, including the management and control of subsidiaries and their activities;

  • (n) provisions regarding any fundamental changes to the corporation, including the amalgamation, continuance, liquidation or dissolution of the corporation; and

  • (o) any other provision that the Governor in Council considers appropriate to include in the letters patent and that is not inconsistent with this Act.

• Marginal note:Supplementary letters patent

  (3) The Governor in Council may, on the recommendation of the Minister, issue supplementary letters patent amending the letters patent of a corporation, and the supplementary letters patent take effect on the date stated in them.

• Marginal note:Revocation of letters patent

  (4) The Governor in Council may, on the recommendation of the Minister, revoke the letters patent or supplementary letters patent of a corporation by issuing a notice to that effect. The revocation takes effect on the date stated in the notice.

• Marginal note:Not statutory instruments

  (5) Letters patent, supplementary letters patent and a notice of revocation are not statutory instruments within the meaning of the Statutory Instruments Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.

Marginal note:Deemed knowledge of letters patent

30 A person who deals with a corporation, acquires rights from a corporation or directly or indirectly acquires rights relating to a corporation is deemed to know the contents of the letters patent of the corporation.

Marginal note:Regulations

• 31 (1) For the purposes of this Act, the Governor in Council may, on the recommendation of the Minister, make regulations, in respect of one or more corporations, regarding any matter referred to in subsection 29(2).

• Marginal note:Conflict

  (2) In the event of any inconsistency or conflict between the regulations made under subsection (1) and the letters patent or supplementary letters patent of a corporation, the regulations prevail to the extent of the inconsistency or conflict.

Marginal note:Capacity and powers

• 32 (1) A corporation that is incorporated for any purpose relating to the construction or operation of an international bridge or tunnel in respect of which its letters patent are issued has, for that purpose and for the purposes of this Act, the capacity, rights, powers and privileges of a natural person.

• Marginal note:Restriction on activities and powers

  (2) A corporation shall not carry on any activity or exercise any power that it is restricted by its letters patent, or by regulations made under subsection 31(1), from carrying on or exercising, nor shall it exercise any of its powers or carry on any of its activities in a manner contrary to its letters patent, those regulations or this Act.

• Marginal note:Within Canada

  (3) A corporation may carry on its activities throughout Canada.

• Marginal note:Extra-territorial capacity

  (4) A corporation has the capacity to carry on its activities, conduct its affairs and exercise its powers in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.

Marginal note:Charges

• 33 (1) Subject to this Act and to its letters patent, a corporation may fix and charge tolls, fees or other charges for the use of an international bridge or tunnel.

• Marginal note:Authorization by corporation

  (2) The corporation may authorize another person to fix or charge tolls, fees or other charges for the use of the international bridge or tunnel.

Marginal note:Power to manage

34 The directors shall manage, or supervise the management of, the activities and affairs of the corporation.

Marginal note:Duty of care of directors and officers

• 35 (1) Every director and officer of a corporation shall, in exercising powers and discharging duties,

  • (a) act honestly and in good faith with a view to the best interests of the corporation; and

  • (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

• Marginal note:Duty to comply

  (2) Every director and officer of a corporation shall comply with this Act, any regulations made under subsection 31(1) and the letters patent and by-laws of the corporation.

• Marginal note:No exculpation

  (3) No provision in a contract or resolution relieves a director or officer from the duty to comply with subsection (2) or from liability for non-compliance.

Marginal note:Power to make by-laws

36 Unless the letters patent or any regulations made under subsection 31(1) provide otherwise, the directors of a corporation may make, amend or repeal by-laws that regulate the affairs of the corporation.

Shares of a Corporation

Marginal note:Financial Administration Act

37 For the purposes of section 90 of the Financial Administration Act, Her Majesty in right of Canada, or a parent Crown corporation within the meaning of section 83 of that Act, is authorized to acquire, hold, dispose of and otherwise deal with shares of a corporation that owns or operates an international bridge or tunnel.

Enforcement

Marginal note:False statements or information

• 38 (1) No person shall knowingly, in connection with any matter under this Act, make any false or misleading statement, orally or in writing, or provide false or misleading information to the Minister, any person acting on behalf of the Minister or a person designated by the Minister under subsection 39(1).

• Marginal note:Obstruction

  (2) No person shall knowingly obstruct or hinder a person referred to in subsection (1) who is engaged in carrying out functions under this Act.

Marginal note:Powers

• 39 (1) Subject to subsection (6), the Minister or a person designated by the Minister may, for the purpose of ensuring compliance with this Act and any regulation, order or directive made under this Act,

  • (a) enter and inspect any place at any reasonable time;

  • (b) remove any document or other thing from any place referred to in paragraph (a) for examination or, in the case of a document, copying; and

  • (c) seize anything found in any place referred to in paragraph (a) that the Minister or a person designated by the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Act.

• Marginal note:Certification of designated persons

  (2) Every person designated by the Minister shall receive an authorization in the form that may be established by the Minister attesting to the person’s designation. On entering any place, the person shall, if requested, produce the authorization to the person in charge of the place.

• Marginal note:Computers

  (3) In conducting an inspection, the Minister or a person designated by the Minister may

  • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

  • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

• Marginal note:Search warrants

  (4) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.

• Marginal note:Regulations

  (5) The Governor in Council may, on the recommendation of the Minister, make regulations respecting

  • (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c); and

  • (b) the return of the evidence to the person from whom it was seized or to any other person entitled to its possession.

• Marginal note:Dwelling-house

  (6) If any place referred to in paragraph (1)(a) is a dwelling-house, the Minister or a person designated by the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (7).

• Marginal note:Authority to issue warrant

  (7) On ex parte application, a justice of the peace may issue a warrant authorizing the Minister or a person designated by the Minister to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

  • (a) entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act; and

  • (b) entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused.

• Marginal note:Use of force

  (8) In executing the warrant, the Minister or a person designated by the Minister shall not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Marginal note:Duty to assist Minister

40 The owner or person who is in possession or control of a place that is entered or inspected under subsection 39(1), and every person who is found in the place, shall

• (a) give the Minister or a person designated by the Minister all reasonable assistance to enable them to carry out the inspection and exercise any power conferred on them by that subsection; and

• (b) provide the Minister or a person designated by the Minister with any information relevant to the administration of this Act or the regulations, orders, directions or notices made under this Act that they may reasonably require.

Marginal note:Injunction

• 41 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application

  • (a) to refrain from doing any act or thing that, in the opinion of the court, may constitute or be directed toward the commission of the offence; or

  • (b) to do any act or thing that, in the opinion of the court, may prevent the commission of the offence.

• Marginal note:Notice

  (2) No injunction may be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Marginal note:Offence

• 42 (1) Every person who contravenes a provision of this Act or any regulation or order made under it for which no other offence is specified in this Act is guilty of an offence and is liable on summary conviction

  • (a) in the case of an individual, to a fine not exceeding $5,000; and

  • (b) in the case of a corporation, to a fine not exceeding $25,000.

• Marginal note:Continuing offence

  (2) If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (3) If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Administrative Monetary Penalties

Marginal note:Regulations

43 The Minister may, by regulation,

• (a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 45 to 55

  • (i) any provision of this Act or any regulation made under this Act,

  • (ii) any order made under section 9, 13, 15.1 or 26, or

  • (iii) any directive made under section 17 or 18; and

• (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed $5,000, in the case of an individual, and $25,000, in the case of a corporation.

Marginal note:Notices of violation

44 The Minister may establish the form and content of notices of violation.

Marginal note:Violation

• 45 (1) Every person who contravenes a provision or requirement designated under paragraph 43(a) commits a violation and is liable to a penalty not exceeding the maximum prescribed under paragraph 43(b).

• Marginal note:Continuing violation

  (2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

• Marginal note:How contraventions may be proceeded with

  (3) If any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.

• Marginal note:Nature of violation

  (4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Marginal note:Issuance of notice of violation

46 If a person designated by the Minister under subsection 39(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out

• (a) the penalty for the violation that the person is liable to pay; and

• (b) particulars concerning the time for paying and the manner of paying the penalty.

Definition of Tribunal

47 For the purposes of sections 48 to 54, Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

Marginal note:Option

48 A person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

Marginal note:Payment of specified amount precludes further proceedings

49 If a person who is served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Act shall be taken against the person in respect of that contravention.

Marginal note:Request for review of determination

• 50 (1) A person who is served with a notice of violation and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice.

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Burden of proof

  (4) The burden of establishing that a person has contravened a designated provision is on the Minister.

• Marginal note:Person not compelled to testify

  (5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter.

Marginal note:Certificate

51 If a person fails to pay the amount of the penalty specified in a notice of violation within the time specified in the notice and does not file a request for a review, the person is deemed to have committed the contravention alleged in the notice, and the Minister may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in the notice.

Marginal note:Determination by Tribunal member

52 If, at the conclusion of a review, the member of the Tribunal who conducts the review determines that

• (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and, subject to section 53, no further proceedings under this Act shall be taken against the person in respect of the alleged contravention; or

• (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and, subject to any regulations made under paragraph 43(b), of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time that the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.

Marginal note:Right of appeal

• 53 (1) The Minister or a person affected by a determination under section 52 may, within 30 days after the determination, appeal it to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.

• Marginal note:Certificate

  (4) If the appeal panel finds that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and, subject to any regulations made under paragraph 43(b), of the amount determined by the panel to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.

Marginal note:Registration of certificate

• 54 (1) If the time limit for the payment of an amount determined in a notice has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, on production in any superior court, a certificate issued under section 51, paragraph 52(b) or subsection 53(4) shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

• Marginal note:Recovery of costs and charges

  (2) All reasonable costs and charges attend­ant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

• Marginal note:Amounts received deemed public moneys

  (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.

Marginal note:Time limit for proceedings

55 Proceedings in respect of a violation may be instituted not later than 12 months after the time when the subject-matter of the proceedings arose.

Five-year Review

Marginal note:Review of Act in five years

• 56 (1) A review of the provisions and the operation of this Act must be completed by the Minister during the fifth year after this section comes into force.

• Marginal note:Tabling of report

  (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

Transitional Provisions

Marginal note:Proposals for construction or alteration

57 For greater certainty, this Act applies in respect of any proposal for the construction or alteration of an international bridge or tunnel that has been submitted to any department, agency or regulatory authority of the Government of Canada before the coming into force of this section.

Marginal note:Existing operators of international bridges and tunnels

58 Despite subsection 23(1), a person who operates an international bridge or tunnel immediately before the day on which this section comes into force is not required to obtain the approval of the Governor in Council to continue to operate the bridge or tunnel on and after the day this section comes into force.

Consequential Amendment

Transportation Appeal Tribunal of Canada Act

59 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*60 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force April 25, 2007, see SI/2007-50.]