Bridge To Strengthen Trade Act (S.C. 2012, c. 31, s. 179)

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.