Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
Full Document:
Assented to 2012-12-14
2007, c. 1Related Amendments to the International Bridges and Tunnels Act
180. Subsection 29(1) of the International Bridges and Tunnels Act is replaced by the following:
Marginal note:Letters patent
29. (1) The Governor in Council may, on the recommendation of the Minister, issue letters patent of incorporation for the establishment of a corporation, with or without share capital, for any purpose relating to the construction or operation of an international bridge or tunnel. Letters patent take effect on the date stated in them.
181. Subsection 32(1) of the Act is replaced by the following:
Marginal note:Capacity and powers
32. (1) A corporation that is incorporated for any purpose relating to the construction or operation of an international bridge or tunnel in respect of which its letters patent are issued has, for that purpose and for the purposes of this Act, the capacity, rights, powers and privileges of a natural person.
182. Section 33 of the Act is replaced by the following:
Marginal note:Charges
33. (1) Subject to this Act and to its letters patent, a corporation may fix and charge tolls, fees or other charges for the use of an international bridge or tunnel.
Marginal note:Authorization by corporation
(2) The corporation may authorize another person to fix or charge tolls, fees or other charges for the use of the international bridge or tunnel.
Coordinating Amendments
183. On the first day on which both sections 179 and 316 of this Act are in force, section 3 of the Bridge To Strengthen Trade Act is replaced by the following:
Marginal note:Exemption from certain Acts and regulations
3. The Fisheries Act, the Navigation Protection Act, the Species at Risk Act, section 6 of the International Bridges and Tunnels Act and the Port Authorities Operations Regulations do not apply to the construction of the bridge, parkway or any related work.
Marginal note:2012, c. 19
184. (1) In this section, “other Act” means the Jobs, Growth and Long-term Prosperity Act.
(2) If subsection 142(2) of the other Act comes into force before section 179 of this Act, then on the day on which that section 179 comes into force, subsection 8(1) of the Bridge To Strengthen Trade Act is replaced by the following:
Marginal note:Harm to fish
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 mitigate the harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery resulting from the carrying on of the work, undertaking or activity.
(3) If section 179 of this Act comes into force before subsection 142(2) of the other Act, then, on the day on which that subsection 142(2) comes into force,
(a) subsection 8(1) of the Bridge To Strengthen Trade Act is replaced by the following:
Marginal note:Harm to fish
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 mitigate the harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery resulting from the carrying on of the work, undertaking or activity.
(b) section 8 of the Bridge To Strengthen Trade Act is amended by adding the following after subsection (3):
Marginal note:Transitional provision
(4) If a plan was filed with respect to a work, undertaking or activity under subsection (1) as it read before the coming into force of this subsection, then, as of that coming into force, that subsection (1) continues to apply with respect to that work, undertaking or activity.
(4) If subsection 142(2) of the other Act comes into force on the same day as section 179 of this Act, then that subsection 142(2) is deemed to have come into force before that section 179 and subsection (2) applies as a consequence.
Division 6R.S., c. B-7; R.S., c. 24 (1st Supp.), s. 3Bretton Woods and Related Agreements Act
185. (1) Paragraphs 3(b) to (d) of Article XII of Schedule I to the Bretton Woods and Related Agreements Act are replaced by the following:
(b) Subject to (c) below, the Executive Board shall consist of twenty Executive Directors elected by the members, with the Managing Director as chairman.
(c) For the purpose of each regular election of Executive Directors, the Board of Governors, by an eighty-five percent majority of the total voting power, may increase or decrease the number of Executive Directors specified in (b) above.
(d) Elections of Executive Directors shall be conducted at intervals of two years in accordance with regulations which shall be adopted by the Board of Governors. Such regulations shall include a limit on the total number of votes that more than one member may cast for the same candidate.
(2) Paragraph 3(f) of Article XII of Schedule I to the Act is replaced by the following:
(f) Executive Directors shall continue in office until their successors are elected. If the office of an Executive Director becomes vacant more than ninety days before the end of his term, another Executive Director shall be elected for the remainder of the term by the members that elected the former Executive Director. A majority of the votes cast shall be required for election. While the office remains vacant, the Alternate of the former Executive Director shall exercise his powers, except that of appointing an Alternate.
Marginal note:1991, c. 21, s. 2
(3) Paragraphs 3(i) and (j) of Article XII of Schedule I to the Act are replaced by the following:
(i)(i) Each Executive Director shall be entitled to cast the number of votes which counted towards his election.
(ii) When the provisions of Section 5(b) of this Article are applicable, the votes which an Executive Director would otherwise be entitled to cast shall be increased or decreased correspondingly. All the votes which an Executive Director is entitled to cast shall be cast as a unit.
(iii) When the suspension of the voting rights of a member is terminated under Article XXVI, Section 2(b), the member may agree with all the members that have elected an Executive Director that the number of votes allotted to that member shall be cast by such Executive Director, provided that, if no regular election of Executive Directors has been conducted during the period of the suspension, the Executive Director in whose election the member had participated prior to the suspension, or his successor elected in accordance with paragraph 3(c)(i) of Schedule L or with (f) above, shall be entitled to cast the number of votes allotted to the member. The member shall be deemed to have participated in the election of the Executive Director entitled to cast the number of votes allotted to the member.
(j) The Board of Governors shall adopt regulations under which a member may send a representative to attend any meeting of the Executive Board when a request made by, or a matter particularly affecting, that member is under consideration.
(4) Section 8 of Article XII of Schedule I to the Act is replaced by the following:
- Section 8.
Section 8. Communication of views to members
The Fund shall at all times have the right to communicate its views informally to any member on any matter arising under this Agreement. The Fund may, by a seventy percent majority of the total voting power, decide to publish a report made to a member regarding its monetary or economic conditions and developments which directly tend to produce a serious disequilibrium in the international balance of payments of members. The relevant member shall be entitled to representation in accordance with Section 3(j) of this Article. The Fund shall not publish a report involving changes in the fundamental structure of the economic organization of members.
- Section 8.
186. Subparagraph (a)(ii) of Article XXI of Schedule I to the Act is replaced by the following:
(ii) For decisions by the Executive Board on matters pertaining exclusively to the Special Drawing Rights Department only Executive Directors elected by at least one member that is a participant shall be entitled to vote. Each of these Executive Directors shall be entitled to cast the number of votes allotted to the members that are participants whose votes counted towards his election. Only the presence of Executive Directors elected by members that are participants and the votes allotted to members that are participants shall be counted for the purpose of determining whether a quorum exists or whether a decision is made by the required majority.
187. Paragraph (a) of Article XXIX of Schedule I to the Act is replaced by the following:
(a) Any question of interpretation of the provisions of this Agreement arising between any member and the Fund or between any members of the Fund shall be submitted to the Executive Board for its decision. If the question particularly affects any member, it shall be entitled to representation in accordance with Article XII, Section 3(j).
188. Paragraph 1(a) of Schedule D of Schedule I to the Act is replaced by the following:
1. (a) Each member or group of members that has the number of votes allotted to it or them cast by an Executive Director shall appoint to the Council one Councillor, who shall be a Governor, Minister in the government of a member, or person of comparable rank, and may appoint not more than seven Associates. The Board of Governors may change, by an eighty-five percent majority of the total voting power, the number of Associates who may be appointed. A Councillor or Associate shall serve until a new appointment is made or until the next regular election of Executive Directors, whichever shall occur sooner.
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