Outline

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(No Transcript)
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Outline

• Page No.

• Background 3
• 2. Issues and Impacts 5
• CTA Amendments - General 7
• Guidelines for New Constructionand
  Alterations 10
• Regulations 12
• Current Status 16

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1. Background

• There are currently 24 international vehicular
  bridges/tunnel crossings between Canada and the
  U.S.
• These crossings carry the vast majority of
  Canadian exports to the United States and play a
  vital role in Canadas transportation system.
• The federal government is jurisdictionally
  responsible for international bridges, however it
  has no clear legislative and regulatory
  authority.
• The historical approach to governance has been
  largely ad-hoc and inconsistent.

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1. Background (Contd)
Ownership U.S. Half
Ownership Canadian Half
State of Maine State of Maine State of
Maine State of Maine State of Maine State of
Maine State of Maine State of Maine State of Maine
New Brunswick New Brunswick New Brunswick New
Brunswick New Brunswick New Brunswick New
Brunswick New Brunswick New Brunswick
New Brunswick Maine Campobello - Lubec
St. Stephen Calais Milltown
St. Croix Vanceboro
Thoroughfare International Forest
City Saint Leonard Van Buren
Edmunston Madawaska Clair Fort
Kent
State of Vermont
Province of Quebec
Quebec Vermont Glen-Sutton/East Richford

Ontario New York Seaway International
Prescott-Ogdensburg Thousand
Islands Queenston-Lewiston
Whirlpool Rapids Rainbow Bridge
Peace Bridge
Federal Crown Corp. (Federal Bridge Corporation
Ltd.) St. Lawrence
Seaway Development

U.S. Public
Benefit Corporation (Ogdensburg Bridge and Port
Authority) Federal Crown Corp. (Federal
Bridge Corporation Ltd.)
Thousand Islands Bridge Authority U.S. Public
Benefit Corporation (Niagara Falls Bridge
Corporation)
U.S. Public Benefit Corporation (Niagara Falls
Bridge Corporation)
U.S. Public Benefit Corporation
(Niagara Falls Bridge Corporation)
New York State Public Agency
(Buffalo Fort Erie Public Bridge Company)
City of Detroit State of Michigan State of
Michigan
Private U.S. Company (Detroit International
Bridge Company) City of Windsor Federal Crown
Corp. Federal Crown Corp.
Ontario Michigan Ambassador Bridge
Windsor - Detroit Tunnel Blue Water
Bridge Sault Ste. Marie
State of Minnesota Private (Boise Cascade) State
of Minnesota
Province of Ontario Private (Abitibi
Consolidated) Province of Ontario
Ontario Minnesota Pigeon River
Fort Frances International Falls
Baudette - Rainy River
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2. Issues and Impacts
Issues
Challenges

• International bridges are works for the
  purpose of the Constitution Act 1867, and
  Parliament has jurisdiction
• Of the 24 international bridges/tunnels, the
  federal government owns the Canadian half of only
  five bridges four through Crown corporations and
  one through an international authority Peace
  Bridge
• Variety of ownership structures (private,
  provincial, municipal, state, federal, and
  bi-national) and a range of governance models

• This has never been incorporated in a legislative
  framework.
• Canada can not use the leverage of ownership to
  fulfill its constitutional responsibility for
  oversight of all international crossings.
• It is difficult to administer federal policies
  and priorities in a consistent manner there is
  no level playing field for international
  crossings.

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2. Issues and Impacts (Contd)
Issues
Challenges

• Most international bridges operate independently
• Terrorist events of 2001 reveal a need for more
  effective security at critical infrastructure
  including international bridges and tunnels
• New bridge proposals for Windsor-Detroit
  (Ontario - Michigan) and St.Stephen-Calais (N.B.
  - Maine)

• The situation of disaggregated policies, resource
  inefficiencies, the absence of information on
  security, etc.
• Governments are unable to impose security
  standards.
• No formal approval process.

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3. CTA Amendments - General
Federal Jurisdiction International Bridges and
tunnels will be declared to be works for the
general advantage of Canada Although Section 92
of the Constitution gives the federal government
jurisdiction over international crossings and
provision is contained in most of the Special
Acts respecting international bridges, this
provision reinforces federal jurisdictional
responsibility for all vehicular international
bridges/tunnels. Inconsistency This Act or
any regulations made under this Act takes
precedence over any Special International Bridge
Act. Application The provisions are
applicable to any proposal for construction or
alteration that has been submitted to the
Government of Canada prior to the Act coming into
force.
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3. CTA Amendments General (contd)

• Approval of New Crossings Requirement for
  Governor in Council approval, on the
  recommendation of the Minister of Transport, for
  the construction of an international bridge or
  tunnel.
• There is currently no defined process for
  approving new international bridges/tunnels. In
  the past, each new bridge was the subject of
  Special legislation and mirror legislation was
  also passed by Congress.
• Americans have streamlined their process and have
  replaced the requirement for legislation by a
  Presidential Permit process.
• Approval for Alterations to Existing Crossings
• (Alteration includes conversion, extension or
  change in use but does not include operation and
  maintenance.These provisions apply to both new
  and existing crossings.)
• Proponent must submit an application to the
  Minister of Transport.
• Governor in Council may impose Terms and
  Conditions of approval.
• Failure to obtain approval may lead to the
  alteration, removal, or destruction of the
  infrastructure.
• Penalties for contravention (up to 500,000
  and/or two years imprisonment).

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3. CTA Amendments General (Contd)
Regulations for New and Existing Crossings The
Governor in Council may make regulations
respecting Maintenance and Repair, Operations,
Safety and Security. Incorporation by Letters
Patent May issue letters patent of
incorporation May issue supplementary letters
patent amending the original May revoke letters
patent Shares of a Corporation Canada or a
parent Crown corporation may acquire, hold,
dispose of shares of a corporation that owns or
operates an international bridge or
tunnel. Enforcement Canada may inspect,
investigate or audit any international bridge or
tunnel.
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4. Guidelines for New Construction and
Alterations

• In order to obtain Governor in Council approval
  for new construction or alteration to existing
  structures, application must be made to the
  Minister of Transport.
• The complete application will consist of
  standard/generic information as listed in the
  application guidelines, AND any additional
  information that the Minister requests after
  receipt of the original application.
• When the Minister is satisfied that all required
  information has been submitted and that all
  affected authorities have been consulted, the
  Minister will forward to the Governor in Council
  a recommendation for approval or rejection of the
  application (similar process to the U.S.
  Presidential Permit).

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4. Guidelines for New Constructionand
Alterations (Contd)

• Decisions to be made
• Guidelines for the initial application
• - identification of proponent and partners
• - needs assessment, rationale, risk analysis
• - environmental assessment
• - financing strategy
• Define roles and responsibilities of the
  Department
• - Consultation with key stakeholders
• - Timelines for processing applications
• - Format for seeking Governor in Council
  approval
• Process to obtain GIC approval and imposition of
  specific terms and conditions on the
  project/proponent.

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5. Regulations Maintenance Repair

• Rationale To ensure that the international
  bridges and tunnels are being maintained
  in a manner that will maximize their
  long-term viability.
• Decisions to be made
• Information required to be submitted to the
  Minister
• - content of reports what is normally produced
  by the operator?
• - frequency of submissions annual?
• - format electronic?
• Roles and responsibilities of the Minister
• - review of reports who? - designation of
  persons to evaluate?
• - inspection of facilities conditions under
  which would be done?
• - direction to operator to fix or repair
  content of order?

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5. Regulations - Safety

• Rationale To assure the government and the
  public that the international bridge and
  tunnel crossings are structurally safe for
  users.
• Decisions to be made
• Information required to be submitted to the
  Minister
• - safety inspection reports applicable
  industry standard?
• - inspections 3rd party or in-house?
• - frequency of submissions annual?
• Roles and responsibilities of the Minister
• - review of reports who? criteria for
  questioning the findings?
• - inspection of facilities who? - conditions
  to initiate an audit?
• - safety requirements processes and timelines
  to achieve?

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5. Regulations - Security

• Rationale To assure the government that the
  international bridge and tunnel operators
  have taken the appropriate steps to
  identify and mitigate security risks on the
  crossings.
• Decisions to be made
• Information required to be submitted to the
  Minister
• - Threat and vulnerability assessments
  information to submit?
• - Security plans security management systems
  defined?
• - Mitigation efforts Determination of
  appropriate level of risk?
• Roles and responsibilities of the Minister
• - review of reports who?
• - information requirements minimum need?
  confidentiality?
• - significant security risk how defined?
  process to resolve?

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5. Regulations - Operations Use

• Rationale To ensure that the international
  bridges and tunnels, as key
  parts of the international transportation system,
  are operated and managed in the national
  interest.
• Decisions to be made
• Conditions/circumstances under which the Minister
  may intervene in the operations of the crossing
• - when restricted use and/or access to the
  crossing is deemed to be unwarranted,
  discriminatory, and/or not in the national
  interest
• - to impose certain restrictions on use of the
  bridge and its facilities for non-transportation
  related purposes or where safety is an issue
• -where tolls, fees or other charges are
  determined to be having a negative effect on the
  efficient flow of traffic
• - when the level of service provided to the
  public is unsatisfactory
• Procedures for dealing with complaints from the
  public.

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6. Current Status

• Second reading of Bill C-44 is scheduled for the
  week of May 30, 2005.
• Consultations with bridge authorities is ongoing.
• There is broad support for the intent of the
  bill, and agreement that the federal government
  should be exercising more effective oversight of
  these critical pieces of infrastructure.
• Should Bill C-44 not be successful, TC may
  introduce a separate piece of legislation
  relating solely to international bridges and
  tunnels.