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Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Full Document:  

Assented to 2012-12-14

PART 4VARIOUS MEASURES

2012, c. 19Jobs, Growth and Long-term Prosperity Act

175. Subsection 133(3) of the Jobs, Growth and Long-term Prosperity Act is amended by replacing the definition “Aboriginal” that it enacts with the following:

“Aboriginal”

« autochtone »

“Aboriginal”, in relation to a fishery, means that fish is harvested by an Aboriginal organization or any of its members for the purpose of using the fish as food, for social or ceremonial purposes or for purposes set out in a land claims agreement entered into with the Aboriginal organization;

176. Section 136 of the Act is amended by replacing the subsections 20(4) and (5) that it enacts with the following:

  • Marginal note:Obstruction of free passage of fish

    (4) No person shall

    • (a) damage or obstruct any fishway constructed or used to enable fish to pass over or around any obstruction;

    • (b) damage or obstruct any fishway, fish stop or diverter constructed or installed on the Minister’s request;

    • (c) stop or hinder fish from entering or passing through any fishway, or from surmounting any obstacle or leap;

    • (d) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s request; or

    • (e) fish in any manner within 23 m downstream from the lower entrance to any fishway, obstruction or leap.

  • Marginal note:Exception — removal for repairs

    (5) Despite paragraph (4)(d), a person may remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s request if the removal is required for modification, repair or maintenance.

Transitional Provisions

Marginal note:Ministerial authorizations

  • 177. (1) An authorization issued by the Minister under section 32 or subsection 35(2) of the Fisheries Act as it existed before June 29, 2012, or under paragraph 32(2)(c) or paragraph 35(2)(b) of the Fisheries Act as it existed before the coming into force of subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act, and that is still valid on the day on which that subsection 142(2) comes into force, is deemed to be an authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act after that coming into force.

  • Marginal note:Amendment

    (2) On the request of the holder of an authorization referred to in subsection (1) that is made within 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force, the Minister must examine the authorization, and the Minister may, within 210 days after the day on which that subsection 142(2) comes into force, confirm or amend the authorization or, if the Minister is of the opinion that the holder no longer needs an authorization, cancel it.

  • Marginal note:Conditions of authorizations

    (3) Paragraph 40(3)(a) of the Fisheries Act does not apply to the holder of an authorization referred to in subsection (1) until 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force. However, if the holder makes a request under subsection (2), then that paragraph does not apply to that holder until the day on which that holder receives notice of the Minister’s decision to confirm, amend or cancel the authorization or until 210 days after the day on which that subsection 142(2) comes into force, whichever is earlier.

Coming into Force

Marginal note:2012, c. 19

178. Sections 173 and 174 come into force on the day on which subsection 147(1) of the Jobs, Growth and Long-term Prosperity Act comes into force.

Division 5Bridge To Strengthen Trade Act

Enactment of Act

Marginal note:Enactment

179. The Bridge To Strengthen Trade Act, whose schedule is set out in Schedule 1 to this Act, is enacted as follows:

An Act respecting a bridge spanning the Detroit River between Windsor and Detroit and other works

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Bridge To Strengthen Trade Act.

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“bridge”

« pont »

“bridge” means a bridge that spans the Detroit River and connects Windsor, Ontario to Detroit, Michigan and whose piers, in Ontario, are located within the boundaries of the territory described in the schedule, as well as the approaches to the bridge.

“construction”

« construction »

“construction” in relation to the bridge, the parkway or a related work, includes any work or activity related to its construction.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“operation”

« exploitation »

“operation” in relation to the bridge or a related work, includes its maintenance and repair.

“parkway”

« promenade »

“parkway” means a road connecting Highway 401 with any work referred to in paragraph (a) or (b) of the definition “related work” that is located within the boundaries of the territory described in the schedule and any works ancillary to that road.

“person”

« personne »

“person” means an individual, corporation, partnership, trust, joint venture or unincorporated association or organization.

“related work”

« ouvrage connexe »

“related work” means any of the following works:

  • (a) any border services facility related to the bridge that is located in Michigan or within the boundaries of the territory described in the schedule;

  • (b) any work useful to the operation of the bridge or any border services facility referred to in paragraph (a), including toll booths, duty-free shops and parking lots, that is located in Michigan or within the boundaries of the territory described in the schedule;

  • (c) any road or interchange connecting Interstate 75 with any work referred to in paragraph (a) or (b) that is located in Michigan;

  • (d) any work that is accessory to the bridge or to any work referred to in paragraphs (a) to (c); and

  • (e) any other work specified in the regulations.

CONSTRUCTION OF THE BRIDGE, PARKWAY AND RELATED WORKS

Marginal note:Exemption from certain Acts and regulations
Marginal note:Exemption from Canadian Environmental Assessment Act, 2012
Marginal note:Responsible authority

  • 5. (1) A responsible authority is exempt from any obligation accrued or accruing under subsections 20(2) and 38(1) of the Canadian Environmental Assessment Act, chapter 37 of the Statutes of Canada, 1992, in relation to the bridge, parkway or any related work.

  • Marginal note:Windsor Port Authority

    (2) The Windsor Port Authority is exempt from any obligation accrued or accruing under subsection 15(2) of the Canada Port Authority Environmental Assessment Regulations in relation to the bridge, parkway or any related work.

Marginal note:Other exemptions

  • 6. (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, parkway 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, parkway 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.

Marginal note:Construction of bridge

  • 7. (1) Before a person who proposes the construction of the bridge begins its construction, they must file with the Minister a plan that includes all measures to be taken to mitigate the bridge’s impact on navigation, the plans for its design and construction, a description of its proposed site and the plans for its management and operation.

  • Marginal note:Obligation to consult

    (2) The person must consult with the Minister before filing the plan.

Marginal note:Impact on fish habitat

  • 8. (1) Before a person who proposes to carry on any work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraphs 35(2)(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to offset any loss of fish habitat resulting from the carrying on of the work, undertaking or activity.

  • Marginal note:Obligation to consult

    (2) The person must consult with the Minister of Fisheries and Oceans before filing the plan.

  • Marginal note:Authorizations under Fisheries Act

    (3) Any authorization referred to in paragraph 35(2)(b) or (c) of the Fisheries Act that was issued before the coming into force of this section in relation to the carrying on of such a work, undertaking or activity is deemed to be a plan that has been filed in accordance with subsections (1) and (2).

Marginal note:Impact on listed wildlife species, etc.

  • 9. (1) Before a person who proposes to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization under subsection 73(1) of the Species at Risk Act would have been required but for section 3, begins to engage in the activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the impact of the activity on the species, its critical habitat or the residences of its individuals.

  • Marginal note:Obligation to consult

    (2) The person must consult with the Minister of the Environment before filing the plan.

  • Marginal note:Authorizations under Species at Risk Act

    (3) Any authorization referred to in subsection 73(1) of the Species at Risk Act that was granted before the coming into force of this section in relation to the activity is deemed to be a plan that has been filed in accordance with subsections (1) and (2).

Marginal note:Adverse environmental effects

10. Before a person who proposes the construction in Canada of the bridge or of any work referred to in paragraph (a) or (b) of the definition “related work” in section 2 begins its construction, they must file with the Minister a plan that includes all measures to be taken to mitigate any adverse environmental effects caused by the construction and sets out a process for consulting the public with respect to the construction.

Marginal note:Port Authorities Operations Regulations

  • 11. (1) Before a person who proposes to do anything in the Port of Windsor — in order to construct the bridge — that will have or is likely to have any result that is listed in section 5 of the Port Authorities Operations Regulations begins to do any such thing, they must file with the Minister a plan that includes all measures to be taken to mitigate or prevent the result.

  • Marginal note:Obligation to consult

    (2) The person must consult with the Windsor Port Authority before filing the plan.

Marginal note:Plan amendment

  • 12. (1) Any person who files a plan under any of sections 7 to 11 may amend that plan.

  • Marginal note:Application of sections 7 to 11 to amended plan

    (2) The requirements regarding the content of a plan filed under any of sections 7 to 11, as well as any obligation to consult with respect to that plan, also apply to the corresponding amended plan.

  • Marginal note:Filing of amended plan

    (3) The person must file the amended plan with the Minister. Once filed, the amended plan replaces the plan previously filed.

Marginal note:Implementation of and compliance with plans

13. Any person who files a plan must ensure that it is implemented and complied with.

OPERATION OF THE BRIDGE AND RELATED WORKS

Marginal note:Designation of initial operator

GENERAL PROVISIONS

Marginal note:Authorization — persons

  • 15. (1) Any person may, with the approval of the Governor in Council, do anything referred to in any of paragraphs 90(1)(a) to (e) of the Financial Administration Act for any purpose relating to the construction or operation of the bridge or any related work.

  • Marginal note:Authorization — parent Crown corporation

    (2) Any parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act may, with the approval of the Governor in Council, sell or otherwise dispose of all or substantially all of the corporation’s assets for any purpose relating to the construction or operation of the bridge or any related work.

Definition of “corporation”

16. For the purposes of sections 17 to 21, “corporation” means a corporation established under section 29 of the International Bridges and Tunnels Act for any purpose relating to the construction or operation of the bridge or any related work.

Marginal note:Authorization to construct and operate

  • 17. (1) Subject to its letters patent, a corporation is authorized to construct and operate the bridge or any related work.

  • Marginal note:Authorization by corporation

    (2) The corporation may authorize another person to construct or operate the bridge or related work.

Marginal note:Deeming — establishment of corporation

  • 18. (1) A corporation that was established before the coming into force of section 180 of the Jobs and Growth Act, 2012 is deemed to have been established under section 29 of the International Bridges and Tunnels Act as amended by that section 180 and its establishment is deemed to have been authorized for the purpose of paragraph 90(1)(a) of the Financial Administration Act.

  • Marginal note:Deeming — action taken by corporation

    (2) Any action taken by the corporation between the date of its establishment and the date of the coming into force of this section is deemed to have been taken as if sections 16, 17 and 19 to 21 were in force at the time that the action was taken.

Marginal note:Not agent of Her Majesty

19. A corporation is not an agent of Her Majesty in right of Canada.

Marginal note:Public agency

20. A corporation is deemed to be a public agency for the purposes of the Urban Cooperation Act of 1967, MCL 124.501 to 124.512, an Act of the state of Michigan.

Marginal note:Public body corporate and compact entity

21. A corporation may enter into an agreement with the government of the state of Michigan or of any political subdivision of that state or with any of their agencies or agents to establish an entity that is both a public body corporate and a compact entity under the laws of the United States.

Marginal note:Agreements

  • 22. (1) The Minister may enter into an agreement for any purpose relating to the construction or operation of the bridge, parkway or any related work with any person or with the government of the United States or of any political subdivision of the United States or any of their agencies or agents.

  • Marginal note:Contents of agreement

    (2) The agreement may include undertakings to provide financial assistance by Canada, including the granting of guarantees.

  • Marginal note:Authority to carry out agreement

    (3) The Minister 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.

INFORMATION GATHERING

Marginal note:Production of documents

  • 23. (1) The Minister may, for the purpose of verifying compliance with this Act, by registered letter or by a demand served personally, require any person to produce at a place specified in the letter or in the demand any document that the Minister believes is relevant for that purpose that is in the person’s possession, or to which the person may reasonably be expected to have access, within any reasonable time and in any reasonable manner that is specified in the letter or demand.

  • Marginal note:Compliance

    (2) A person who is required to produce any document under subsection (1) must do so as required.

OFFENCES

Marginal note:Offence

24. A person who contravenes any of sections 7 to 11 and 13 and subsection 23(2) is guilty of an offence punishable on summary conviction and liable

  • (a) in the case of an individual, to a fine of not more than $25,000; and

  • (b) in any other case, to a fine of not more than $500,000.

Marginal note:Offence committed by employee or agent or mandatary of accused

25. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission.

Marginal note:Due diligence defence

26. Subject to section 25, a person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent its commission.

Marginal note:Limitation period

27. Proceedings in respect of an offence under this Act may be instituted within two years after the day on which the subject matter of the proceedings arose.

REGULATORY POWERS

Marginal note:Regulations

  • 28. (1) The Minister may, by regulation,

    • (a) specify that a work is a related work for the purpose of the definition “related work” in section 2; and

    • (b) amend the schedule to change the boundaries of the territory described in the schedule.

  • Marginal note:Coming into effect

    (2) A regulation has effect from the day on which it is made.

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