Fort-Falls Bridge Authority Act (S.C. 1970-71-72, c. 51)

Short Title

Marginal note:Short title

1 This Act may be cited as the Fort-Falls Bridge Authority Act.

Interpretation

Marginal note:Definitions

2 In this Act,

• Authority

  (a) Authority means the Fort-Falls Bridge Authority established by this Act; and

• Bridge

  (b) bridge means the bridge authorized by this Act and includes the approaches, lands, works and facilities appertaining or appurtenant to such bridge.

PART IBridge Authority

Incorporation

Marginal note:Fort-Falls Bridge Authority established

3 There is hereby established a corporation to be known as the Fort-Falls Bridge Authority, which, in Canada, shall have such powers as are set out in this Act and which, in the United States, shall have such powers as the appropriate authority in the United States allows and be subject to such limitations as the appropriate authority in the United States imposes.

Objects and Powers

Marginal note:Objects

• 4 (1) The objects of the Authority are to construct, maintain and operate a bridge across the Rainy River from a point in or near the town of Fort Frances, in the province of Ontario, to a point in or near the city of International Falls, in the state of Minnesota, for pedestrian and vehicular traffic and for any other like purpose.

• Marginal note:Agreement

  (2) The Authority shall not commence the actual construction of the bridge or exercise any of its powers under this Act, other than the power to enter into the agreement hereinafter mentioned, until the Authority has entered into an agreement with the State of Minnesota or other competent authority in the United States for the construction of the bridge.

Marginal note:Powers

• 5 (1) In furtherance of its objects, the Authority may

  • (a) acquire, hold and dispose of real property for the purposes of the Authority;

  • (b) make traffic surveys and engineering, architectural and other studies;

  • (c) obtain legal, engineering, architectural, accounting, financial and other services;

  • (d) in order to maintain adequate facilities for the traffic carried over it, extend, add to, enlarge or otherwise alter the bridge; and

  • (e) generally, do all things necessary, convenient or proper for the purposes of carrying out the objects of the Authority or powers incidental thereto.

• Marginal note:Bus services

  (2) The Authority may acquire and maintain buses and, subject to the Ontario highway traffic laws, operate such buses across the bridge for the purposes of carrying passengers and their personal luggage and effects to and from a terminal in the town of Fort Frances and to and from a terminal in the city of International Falls, but no such bus shall carry any passengers whose departure and destination points are both within the town of Fort Frances.

• Marginal note:Leasing for other uses

  (3) The Authority may enter into leases or other contractual agreements permitting the use of the bridge to support power or communication transmission equipment, pipelines or any other similar facilities so long as the use of the bridge for such facilities is not inconsistent with its use for pedestrian and vehicular traffic; and the consideration to the Authority under any such lease or agreement need not be directly related to the traffic carried by any such facility.

• Marginal note:Application of section 20 of the Interpretation Act

  (4) For greater certainty, it is hereby declared that section 20 of the Interpretation Act applies to the Authority.

Marginal note:Expropriation

• 6 (1) The Authority may, with the approval of the Governor in Council on the recommendation of the Minister of Public Works, take or acquire without the consent of the owner any lands or interest therein actually required for the construction, maintenance and operation of the bridge, and section 218 to 246 of the Railway Act apply with such modifications as the circumstances require.

• Marginal note:Approval of Governor in Council

  (2) The approval of the Governor in Council for the taking or acquiring of any lands or interest therein pursuant to subsection (1) shall only be given if he is satisfied that

  • (a) such lands or interest are reasonably required for the construction, maintenance and operation of the bridge; and

  • (b) the Authority has made reasonable efforts to acquire such lands or interest and has been unable to do so and it is in the public interest that such approval be given.

• Marginal note:Railway Act applicable

  (3) In applying sections 218 and 246 of the Railway Act, the term “the Authority” shall be substituted for the term “the company”, and the date that approval is given pursuant to subsection (2) of this section shall be substituted for the date of the deposit of the plan, profile and book of reference in subsections (2) and (3) of section 224 of that Act.

Constitution

Marginal note:Composition of Authority

• 7 (1) Subject to section 28, the Authority shall consist of eight members,

  • (a) four of whom shall be Canadian citizens ordinarily resident in Canada, hereinafter referred to as the “Canadian members”, who shall be appointed by the Governor in Council or such other authority in Canada as the Governor in Council may designate; and

  • (b) four of whom, hereinafter referred to as the “United States members”, shall be appointed by such authority, in such manner and upon such terms as the appropriate authority in the United States prescribes.

• Marginal note:Quorum

  (2) A majority of the members of the Authority constitutes a quorum for the transaction of its business.

• Marginal note:Vacancies

  (3) Subject to subsection (5), vacancies occurring in the membership of the Authority do not impair the powers of the Authority, and any such vacancy shall be filled by the appropriate appointing authority under subsection (1).

• Marginal note:Officers and conduct of affairs

  (4) The members of the Authority shall appoint a chairman and vice-chairman from among the members thereof and may establish rules and regulations for the conduct of the meetings and the management of the affairs of the Authority.

• Marginal note:Affirmative vote of United States and Canadian member required

  (5) Notwithstanding subsection (2), the affirmative vote of at least one Canadian member and at least one United States member shall be required for any action to be taken by the Authority.

Marginal note:Term of Canadian members

• 8 (1) Canadian members of the Authority hold office during the pleasure of the appointing authority.

• Marginal note:Alternate Canadian member

  (2) Canadian members may, with the approval of the appointing authority, appoint deputies in writing to attend any meetings of the Authority and to act and vote in their stead.

Marginal note:No compensation

9 The members of the Authority shall serve without remuneration but are entitled to be reimbursed out of the revenues of the Authority for travel, living and other necessary expenses incurred by them in the performance of the duties of the Authority under this Act.

Marginal note:Authority may acquire staff

• 10 (1) The Authority may employ such officers and employees, and may engage the services of such professional and expert personnel, as it deems necessary for the proper performance of the duties of the Auhtority.

• Marginal note:Pension and other benefits

  (2) The Authority may provide, or make provision for, pension, welfare, hospital or other benefits for its officers and employees and may contribute toward the costs of any such benefits.

Revenues

Marginal note:Tolls

• 11 (1) The Authority may

  • (a) subject to the Railway Act, fix and charge reasonable tolls for the use of the bridge and regulate the tolls to be charged; and

  • (b) charge fares for carrying passengers and their personal luggage and effects on buses acquired pursuant to subsection (2) of section 5.

• Marginal note:Idem

  (2) The tolls shall be so fixed and regulated as to provide a fund sufficient to pay the reasonable cost of maintaining, repairing and operating the bridge and to provide a sinking fund sufficient to amortize the cost of the bridge, including reasonable interest and financing cost, as soon as possible but in any case within a period not in excess of forty years from the completion thereof.

• Marginal note:Surplus revenues to be paid into sinking fund

  (3) Revenues of the Authority that are not required to maintain, repair and operate the bridge or to maintain and operate the buses acquired pursuant to subsection (2) of section 5 shall be paid in to the sinking fund described in subsection (2).

• Marginal note:Uniform classification and uniform rates

  (4) The Authority shall establish uniform classifications for all traffic carried over the bridge and the tolls collected by the Authority pursuant to this section shall be at a uniform rate with respect to the traffic falling within each classification.

• Marginal note:Qualification on classifying power

  (5) The class of goods or commodities carried in or upon any vehicle shall not be taken into account in establishing uniform classifications under subsection (4) for traffic carried over the bridge.

Marginal note:No tolls chargeable for official passages

12 Notwithstanding section 11, no toll shall be charged by the Authority for the passage of any person or of any vehicle used by him when the passage is in connection with the discharge of his duties as a member, officer or employee of the Authority.

Marginal note:Application of revenues

• 13 (1) All revenues of the Authority shall be applied in conformity with this Act.

• Marginal note:Liabilities to charge only revenues

  (2) The Authority may not incur any liability not dischargeable solely from revenues or funds received by the Authority under this or any other Act of the Parliament of Canada or under any enactment of the appropriate authority in the United States.

Issuance of Bonds

Marginal note:Bond issues authorized

• 14 (1) Subject to the approval of the Governor in Council or such other authority in Canada as the Governor in Council may designate and such authority in the United States as the appropriate authority in the United States prescribes, the Authority may issue bonds, debentures or other securities, hereinafter referred to as “bonds”, in Canada or in the United States or in both countries,

  • (a) to an amount not in excess of fifteen million dollars, in aid of the construction of the bridge; and

  • (b) in an amount approved from time to time by the Governor in Council, for the purpose of maintaining and operating the bridge after the construction costs have been fully paid off.

• Marginal note:Authority may bind tolls and revenues

  (2) For the purpose of securing the issue of its bonds, the Authority may bind the tolls that it charges and the revenues that it receives pursuant to the provisions of this Act.

Marginal note:Excess proceeds from bond issue

• 15 (1) If the proceeds from any issue of bonds exceed the cost, as finally determined, of carrying out the purposes for which any bonds were issued, the excess of proceeds over such cost shall be added to the sinking fund described in subsection (2) of section 11.

• Marginal note:Bond prices and interest and other requirements

  (2) A bond issued by the Authority

  • (a) shall bear interest at a coupon rate determined by the Authority not exceeding the rate prescribed by the Schedule;

  • (b) shall be sold at such price as the Authority may fix, but not less than a price at which the interest yield base will equal the rate of interest as determined by the Authority under paragraph (a);

  • (c) shall be payable solely from funds obtained by the Authority pursuant to statutory authority conferred by this or any other Act of the Parliament of Canada and pursuant to authority conferred by the appropriate authority in the United States; and

  • (d) shall mature not more than forty years after its date of issue in respect of bonds issued for the purpose described in paragraph (a) of subsection (1) of section 14 and not more than twenty-five years after its date of issue in respect of bonds issued for the purpose described in paragraph (b) of subsection (1) of that section.

• Marginal note:Types of bond provisions that may be used

  (3) In the discretion of the Authority, a bond issued by it

  • (a) may be issued with a call provision reserving to the Authority the right to redeem the bond before maturity at a price or prices not exceeding the sum of the accrued interest plus one hundred and five per cent of the par value;

  • (b) may be temporary, with or without coupons, and exchangeable for definitive bonds upon the issuance of the latter; or

  • (c) may be issued in bearer form, or registrable as to principal, or registrable as to principal and interest.

• Marginal note:Currency of repayment of bond issue

  (4) A bond issued by the Authority may be made payable in the currency of Canada or of the United States in the discretion of the Authority.

• Marginal note:Bond anticipation notes

  (5) The Authority may, in its discretion, issue bond anticipation notes payable from the proceeds of its bonds when issued; and a reference in this Act to bonds of the Authority includes bond anticipation notes.

• Marginal note:Repurchase of its bonds by Authority

  (6) The Authority may purchase any bond issued by it at a price not exceeding the sum of the accrued interest plus one hundred and five per cent of the par value of the bond, and may exercise any contractual rights reserved to itself under authority of paragraph (a) of subsection (3) or otherwise when in the judgment of the Authority it may be to its financial interest to do so.

Marginal note:Trust agreement for bond issues

• 16 (1) The Authority may enter into trust agreements to secure any bonds issued or to be issued by it.

• Marginal note:Bank or trust company to be trustee

  (2) A trust agreement for the purpose referred to in subsection (1) may be made with any bank or trust company in Canada or the United States legally qualified to execute such a trust agreement.

• Marginal note:Contents of trust agreement

  (3) In specifying the rights and duties of the Authority, the trustee and the bondholders, a trust agreement may, subject to the rights of the holder of any bonds of the Authority then outstanding and subject to section 19, contain such provisions and covenants affecting the security or protection of any bonds issued by the Authority as may be appropriate, including but not limited to the following:

  • (a) setting forth any function that the Authority may perform pursuant to this Act and providing that the Authority will faithfully perform such function;

  • (b) limiting the purposes and uses for which the proceeds of sale of any bonds issued by the Authority may be employed and pledging such proceeds to secure the payment of any bonds issued by the Authority;

  • (c) specifying the conditions that must exist before additional bonds may be issued, limiting the amount thereof, and specifying any terms and conditions that such additonal bonds and associated security instruments shall contain;

  • (d) providing that such bonds shall be payable from any or all lawful revenues of the Authority and pledging the revenues of the Authority for such purpose;

  • (e) providing for the appointment of trustees, depositaries and paying-agents to receive, hold, disburse, invest and reinvest all or any part of the funds of the Authority, for the approval by a representative of the bond-holders of the security given by any bank or trust company with which funds of the Authority may be deposited and for any other means of safeguarding funds of the Authority;

  • (f) setting forth

    • (i) procedures, if any, by which the terms and conditions of any contract with bondholders may be granted or abrogated, and

    • (ii) the amount of the bonds the holders of which must consent to such contract and the manner in which such consent may be given; and

  • (g) imposing reasonable restrictions upon the right of action of individual bondholders.

Marginal note:Procedure on default in payment on bonds

17 Any trust agreement that is entered into by the Authority to secure any bonds or refunding bonds issued by it and that empowers the trustee thereunder to declare the principal amount of any such outstanding bonds or refunding bonds due and payable as a result of any default in payment of principal or interest, or both, in accordance with the terms thereof shall provide therein and be subject as follows:

• (a) before declaring the said principal amount due and payable, the trustee shall give notice in writing of such default to the Minister of Finance;

• (b) if Parliament is in session at the time the notice referred to in paragraph (a) is received by the Minister of Finance, the trustee shall not declare the said principal amount due and payable before the prorogation of that session, and if Parliament is not in session at the time such notice is so received or does not continue in session for at least four weeks thereafter, he shall not declare the said principal amount due and payable before the prorogation of the next ensuing session of Parliament; and

• (c) if at the session of Parliament referred to in paragraph (b) Parliament takes any action as the result of which past due principal and interest with interest on past due interest, together with fees, counsel fees and expenses of the trustee and of the receiver, if any, are paid to the trustee not later than sixty days after such prorogation, the default shall thereby be remedied.

Marginal note:Obligations of Authority

18 The bonds or other obligations of the Authority are not obligations of Her Majesty, nor is Her Majesty liable on such obligations.

Marginal note:Bridge not subject to charge

19 No charge against any portion of the bridge in Canada or against any underlying land therein may be created or enforced, either by agreement or by judicial process, to secure or enforce the payment of any obligation of the Authority.

Marginal note:Bond issues to conform with Act

20 The Authority may not issue bonds or any other securities of any description except in accordance with this Act.

Accounting

Marginal note:Records of Authority

• 21 (1) The Authority shall keep complete and accurate records of the cost to it of performing its functions, and complete and accurate records of all its cash receipts and disbursements, and shall make its records available to such authorities or the representatives thereof as the Governor in Council or any authority designated by the Governor in Council may by regulation prescribe, and to such authorities or the representatives thereof as the appropriate authority in the United States prescribes.

• Marginal note:Financial reports and audits

  (2) The Authority shall,

  • (a) at such periods, not less frequently than annually, file an itemized, detailed and verified report of all receipts and disbursements of the Authority with such persons, and

  • (b) permit such auditing of its accounts by such persons,

  as the Governor in Council or any authority designated by the Governor in Council may prescribe and as the appropriate authority in the United States prescribes.

Navigable Waters Protection Act

Marginal note:Protection of navigation

22 The Navigable Waters Protection Act applies in respect of the bridge.

Miscellaneous

Marginal note:Resident agent in Province of Ontario

23 Not later than ninety days after the commencement of this Act, and at all times thereafter, the Authority shall have an agent resident in the province of Ontario who is authorized to receive service of process in any proceedings against the Authority in any court of competent jurisdiction in Canada.

Marginal note:Assessment and taxation

24 Nothing in this Act in any way affects any right, privilege, obligation or liability in respect of provincial or municipal assessment or taxation.

Marginal note:Relationship of Authority to Crown

• 25 (1) The Authority is not an agent of Her Majesty and no member, officer or employee of the Authority shall be deemed, as such, to be an officer, agent or employee of Her Majesty.

• Marginal note:Exception

  (2) Notwithstanding subsection (1), the Authority is, for the sole purpose of entering into the agreement referred to in subsection 4(2), an agent of Her Majesty.

Marginal note:Customs and immigration facilities

26 The Authority shall provide and maintain at its expense such suitable office, warehouse and other accommodation, with adequate light and heat,

• (a) as the Governor in Council or any Minister designated by the Governor in Council may from time to time require for Canadian customs and immigration purposes; and

• (b) as the appropriate authority in the United States or any authority designated by the appropriate authority in the United States may from time to time require for United States customs and immigration purposes.

PARTIE IICanadian Operation

Marginal note:Authority may exercise powers in United States

27 When the Governor in Council is satisfied that the State of Minnesota or other appropriate authority in the United States has indicated its consent to the construction and operation of the bridge by entering into an agreement authorizing the Authority to construct, operate and maintain the portion of the bridge situated in the United States, the Governor in Council may by proclamation empower the Authority to exercise its powers and carry out its functions in the United States in accordance with this Act and the agreement.

Marginal note:Restrictions on powers of Authority

28 Subject to section 29, until such time as a proclamation is issued under section 27,

• (a) the Authority may not exercise any of its powers in the United States or in respect of any portion of the bridge situated in the United States; and

• (b) the Authority shall consist of the Canadian members only and all the provisions of this Act relating to the members of the Authority and to the composition or constitution of that body shall be read and construed as if no provision were made for United States members or United States participation.

Marginal note:Amalgamation and agreements

• 29 (1) The Authority may make agreements with any body or commission incorporated or created under the laws of the United States, or the state of Minnesota, respecting the financing, controlling, construction, maintenance and use of the bridge and its appurtenances and acquiring the approaches and lands therefor in the state of Minnesota, as well as in Canada.

• Marginal note:Combine with other bodies

  (2) The Authority may,

  • (a) subject ot this Act, join with any body or commission referred to in subsection (1) in financing, controlling, building, working, managing, maintaining and using the bridge; and

  • (b) assign, transfer and convey to any such body or commission at any time before the completion of the bridge such part, if any, of the bridge as may then have been constructed, and all rights and powers acquired by the Authority, including those rights and powers acquired under this Act, and also all the franchises, surveys, plans, works, plant, machinery and other property belonging to the Authority, upon such terms and conditions as may be agreed upon.

Marginal note:Approval required

30 Any agreement, assignment, transfer or conveyance made under section 29 is of no force or effect until it is approved by the Governor in Council and a certified copy thereof filed in the office of the Registrar General of Canada.

Marginal note:Securing payments of bonds

• 31 (1) Subject to section 19 and subsection (2), in order to secure payment of any bond issued by any body or commission referred to in section 29 for the joint purposes of the Authority and such body or commission in connection with the construction of the bridge under any agreement that may be entered into between the Authority and such body or commission, the Authority may,

  • (a) mortgage or pledge jointly with such body or commission its assets and undertakings, rights, franchises and privileges, both present and future; and

  • (b) excecute and deliver mortgages or deeds of trust by way of mortgage.

• (2) The Authority shall not mortgage its assets, undertakings, rights, franchises and privileges to secure payment of any bonds to a greater amount than fifteen million dollars.

Marginal note:Sections 29, 30 and 31 rendered ineffective

32 Upon the issuing of a proclamation under section 27, the provisions of sections 29, 30 and 31 cease to be of any force and effect.

PART IIIGeneral

Marginal note:Time for commencement and completion of bridge

• 33 (1) Subject to subsection (2), construction of the bridge shall be

  • (a) started not later than 31st December, 1979, and

  • (b) completed within four years after construction begins.

• Marginal note:Delays not affecting computation of time

  (2) Any delay caused by any act of God, or by war, invasion or insurrection shall not be included in computing the period of time referred to in paragraph (b) of subsection (1).

• Marginal note:Expiry

  (3) Upon expiry of the period referred to in paragraph (b) of subsection (1), the powers granted by this Act cease and are void in respect of that part of the undertaking that remains uncompleted.

Marginal note:Costs of conveyance upon retirement of bonds, debentures or securities without cost or expense

• 34 (1) If the Authority assigns, transfers and conveys all its rights, property and powers by an agreement under section 29 to a body or commission that issues bonds, debentures or securities in aid of the construction of the bridge, the bridge and all property rights and franchises in so far as the same are located in Canada shall be conveyed without cost or expense to the Authority when the bonds, debentures or securities issued in aid of the construction of the bridge are retired in accordance with the terms of their issue, and the assignment by the Authority of its rights, property and powers thereupon ceases.

• Marginal note:No transfer in excess of forty years

  (2) The Authority shall not assign, transfer or convey its rights, property and powers to a body or commission by an agreement under section 29 for any period in excess of forty years.

Marginal note:Municipal rights

• 35 (1) Notwithstanding any other provision of this Act, where the Authority intends to locate, construct or operate any works on any highway, street or other public place, it may do so only with the consent, expressed by by-law, of the municipality having jurisdiction over such highway, street or other public place, or, failing such consent within sixty days from the day a written request therefor is made to the municipality concerned by the Authority, upon such terms as may be fixed by the Canadian Transport Commission, after the municipality concerned and the Authority have been given an opportunity to make representations.

• Marginal note:Where Minister of the Crown for Ontario has jurisdiction

  (2) Where a Minister of the Crown for the province of Ontario has jurisdiction in respect of any highway, street or other public place referred to in subsection (1), that subsection applies, with such modifications as the circumstances require, and the words “Minister of the Crown for the province of Ontario” shall be substituted for the word “municipality” where that word occurs therein.

Marginal note:Authority may accept grants

36 The Authority may receive by grant from any government, municipality or persons, as aid in the construction, operation, equipping and maintenance of the bridge and works connected therewith, any real or personal property, any sums of money or any debentures or subsidies, either as gifts, by way of bonus or guarantee, or in payment or as subventions for services and may dispose thereof, and may alienate such of the said property as is not required by the Authority for carrying out the purposes and provisions of this Act.

Marginal note:Canadian labour and materials

• 37 (1) If available in Canada, Canadian labour and materials to the extent of at least fifty per cent of the cost thereof shall be used in the construction of the bridge and verification of the fulfilment of this requirement shall be supplied to the Department of Manpower and Immigraion of Canada by a certified statement to it from the Authority or its agent at the end of each calendar month during construction.

• Marginal note:Application of Fair Wages and Hours of Labour Act

  (2) The Fair Wages and Hours of Labour Act applies to Canadian labour employed by the Authority.

Marginal note:Declaration

38 The works of the Authority are declared to be for the general advantage of Canada.

Marginal note:Powers revoked

• 39 (1) Subject to subsection (2), on and after the day that the bridge is opened to the public, the rights, powers and privileges granted to the International Bridge and Terminal Company by chapter 108 of the Statutes of Canada, 1905, to maintain and operate a bridge for the passage of pedestrians, cars and vehicles and for general traffic purposes are revoked in respect of pedestrian and vehicle traffic by members of the general public.

• Marginal note:Continued use of bridge for certain purposes

  (2) Employees of the Boise Cascade Corporation, the Ontario and Minnesota Pulp and Paper Co. Ltd., and the International Bridge and Terminal Company may continue to use the bridge now owned and operated by the International Bridge and Terminal Company for purposes arising out of their employment, except travel to and from their places of employment at the beginning and end of their work day.

Marginal note:Cost of preliminary studies to be reimbursed

40 The Authority may reimburse the Governments of the province of Ontario and the state of Minnesota and the municipal authorities of International Falls and Fort Frances for expenditures incurred by reason of preliminary studies and engineering reasonably undertaken in respect of the bridge prior to the establishment of the Authority by this Act.

Revised Statutes of Canada, 1970

Marginal note:Application to new law

41 A reference in this Act to any Act that is repealed and replaced by the Revised Statutes of Canada, 1970, or to any provision of such an Act, shall, after the coming into force of those Revised Statutes, be read as regards any transaction, matter or thing subsequent thereto as a reference to the corresponding Act or provision included in those Revised Statutes.