Background

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Background

• Bill C-3, International Bridges and Tunnels Act
• introduced in the House of Commons on April 24,
  2006
• received Royal Assent on February 1, 2007
• came into force on April 25, 2007.
• Act can be found at
• http//laws.justice.gc.ca/en/ShowFullDoc/an/2007_1
  ///en

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Overview of International Bridges and Tunnels Act

• Federal Jurisdiction
• International bridges and tunnels are declared to
  be works for the general advantage of Canada.
• Construction and Alteration
• Requirement for Governor in Council approval, on
  the recommendation of the Minister of Transport,
  Infrastructure and Communities for the
  construction or alteration of an international
  bridge or tunnel. The application process will be
  outlined in Guidelines to be prepared by the
  Department.
• Regulations for new and existing bridges and
  tunnels
• The Governor in Council may make regulations
  respecting
• Maintenance and Repair
• Safety and Security
• Operations and Use

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Overview of International Bridges and Tunnels Act
(Contd)

• Maintenance and Repair
• Requiring the owner or operator to prepare
  reports on the condition of the bridge or tunnel
• Inspection by government officials and,
• Authority to require the owner or operator to
  take action to ensure the structure is kept in
  good condition.
• Operation
• Types of vehicles that may use the structure
• Ordering owner/operator to fix toll rates that
  don't negatively impact on traffic flow when a
  change in tolls has had this effect and,
• Level of service to be provided by owner.

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Overview of International Bridges and Tunnels Act
(Contd)

• Safety and Security
• Requiring the owner or operator to implement
  security plans and establish security management
  systems to government standards
• Granting the Minister additional powers in the
  event of a possible immediate threat and,
• Failure to comply with these regulations may have
  penal consequences (fines up to 5,000 for an
  individual and 100,000 for a corporation).
• Application of Other Acts
• The Act or any regulations made under the Act
  take precedence over any Special Act of
  Parliament, however they do not eliminate the
  requirement to obtain licenses, permits or other
  authorizations necessary for the construction or
  operation of international bridges and tunnels.

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Overview of International Bridges and Tunnels Act
(Contd)

• Transfers affecting ownership, operation and
  control
• Governor in Council approval is required for
  transactions affecting ownership, operation or
  control of an international bridge or tunnel, and
  conditions established. The application process
  will be outlined in Guidelines to be prepared by
  the Department.

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Progress on Developing Regulations and Guidelines

• Initial workshop with stakeholders held on March
  8 and 9 in Toronto
• General principles developed for Safety
  Regulations
• Initial discussion on Security
• Second workshop held May 15
• Framework of Drafting Instructions for Safety
  Regulations discussed
• General principles developed for Operations and
  Use
• Transport Canada developing guidelines for
  approval of construction, alteration and transfer
  of ownership/control
• Objective
• To have guidelines and regulations in place
  within a year

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Examples of Safety Regulations

• Inspection Manual Systems
• Inspections to be undertaken in accordance with
  approved inspection manuals or standards.
• Inspections
• Detailed inspections to be undertaken at least
  every two years for bridges and every year for
  tunnels.
• Inspection Reports
• Summary report to be submitted within one month
  of approval and not more than six months after
  the inspection.
• Records
• Complete record of inspection reports must be
  maintained for twenty years.
• Tunnel Inspection Personnel
• Inspection team leader must be a professional
  engineer licensed in the province or state with a
  minimum of five years experience.