Marginal note:Expropriation

12. If a person requires an interest in land, as defined in 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, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land 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.