New Bridge for the St. Lawrence Act (S.C. 2014, c. 20, s. 375)

Short Title

Marginal note:Short title

1 This Act may be cited as the New Bridge for the St. Lawrence Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

bridge

bridge means a structure that spans the St. Lawrence River and connects the Island of Montreal to the City of Brossard, and includes

• (a) a bridge that replaces the existing Champlain Bridge and connects Nuns’ Island to the City of Brossard;

• (b) a bridge that replaces the existing Nuns’ Island Bridge and connects Montreal Island to Nuns’ Island; and

• (c) the approaches to both bridges. (pont)

construction

construction in relation to the bridge or a related work, includes demolition of existing structures and any other work or activity related to its construction. (construction)

Minister

Minister means the member of the Queen’s Privy Council for Canada designated under section 3. (ministre)

operation

operation, in relation to the bridge or a related work, includes its maintenance and repair. (exploitation)

person

person means an individual, corporation, partnership or joint venture. (personne)

related work

related work means any of the following:

• (a) any work that is useful to the operation of the bridge, including a toll facility;

• (b) any work that is accessory to the bridge or to any work referred to in paragraph (a), including any portion of Highway 15 situated between the approach to the Nuns’ Island Bridge and the Atwater interchange that is reconstructed and widened. (ouvrage connexe)

Designation

Marginal note:Power to designate Minister

3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

Application

Marginal note:Role of Minister

4 Except as otherwise provided in this Act, the Minister is responsible for the administration of this Act, and the Minister’s powers, duties and functions include all matters relating to the bridge and related works.

Marginal note:Declaration

5 The bridge and related works are declared to be works for the general advantage of Canada.

Marginal note:Exemption — Bridges Act

• 6 (1) The Bridges Act does not apply to the bridge and related works.

• Marginal note:Exemption — Service Fees Act

  (2) The Service Fees Act does not apply in respect of the tolls, fees and other charges fixed by regulations made under paragraph 12(b).

Agreements

Marginal note:Minister of Public Works and Government Services

• 7 (1) The Minister of Public Works and Government Services may enter into an agreement with any person for any purpose relating to the design, construction or operation of the bridge or any related work, including an agreement respecting the collection of tolls, fees or other charges that may be imposed under this Act.

• Marginal note:Authority to carry out agreement

  (2) The Minister of Public Works and Government Services may take any measures that he or she considers appropriate to carry out the agreement or to protect the interests or enforce the rights of Her Majesty in right of Canada under the agreement, including accepting and holding on behalf of Her Majesty any security granted under the agreement or releasing or realizing on that security.

• Marginal note:Not agent of Her Majesty

  (3) A person who enters into an agreement with the Minister of Public Works and Government Services under this section is not an agent of Her Majesty in right of Canada.

Marginal note:Implementation

8 The Minister may enter into any agreement that relates to the bridge or related work, or that is necessary for the implementation of an agreement entered into under section 7, with any person or with the government of the Province of Quebec or any municipality of that Province or any of their agencies or mandataries.

Tolls, Fees or Other Charges

Marginal note:Payment

9 Any owner of a vehicle using the bridge must pay any toll, fee or other charge that is applicable to the vehicle under this Act.

Marginal note:Charges recoverable

10 A toll, fee or other charge charged under this Act constitutes a debt owing to Her Majesty in right of Canada, and the amount of that debt is recoverable in any court of competent jurisdiction.

Order in Council

Marginal note:Other exemptions

• 11 (1) The Governor in Council may, by order, exempt any person, on any condition that the Governor in Council considers to be in the public interest, from any requirement under any federal Act to obtain a permit, licence, approval or other authorization in relation to the construction of the bridge or any related work.

• Marginal note:Exemption from Statutory Instruments Act

  (2) The Statutory Instruments Act does not apply to the order. However, the order must be published in the Canada Gazette.

• Marginal note:Authorizations deemed issued

  (3) After completion of the construction of the bridge or the related work, as the case may be, any authorization that would have been required in relation to its construction but for an exemption granted under subsection (1) is deemed to have been issued for the purpose of the application of the federal Act for which the exemption was granted.

Regulations

Marginal note:Ministerial regulations

12 The Minister may make regulations

• (a) designating the contravention of any provision of this Act as an offence punishable on summary conviction and fixing the maximum fine payable for each offence; and

• (b) fixing any tolls, fees or other charges to be charged with respect to vehicles, or categories of vehicles, using the bridge.