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/Show. Full. Doc/an/2007_1///en 2
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 – 3
Overview of International Bridges and Tunnels Act (Cont’d) 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 had this effect; and, Level of service to be provided by owner. 4
Overview of International Bridges and Tunnels Act (Cont’d) 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.
Overview of International Bridges and Tunnels Act (Cont’d) 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. 6
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
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.
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