Order Fixing the Day on Which this Order is Made as the Day on Which Sections 263, 266 and 267 of the Economic Action Plan 2013 Act, No. 2 Come into Force: SI/2024-60

Canada Gazette, Part II, Volume 158, Number 25

Registration
SI/2024-60 December 4, 2024

ECONOMIC ACTION PLAN 2013 ACT, NO. 2

Order Fixing the Day on Which this Order is Made as the Day on Which Sections 263, 266 and 267 of the Economic Action Plan 2013 Act, No. 2 Come into Force

P.C. 2024-1238 November 22, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, under section 269 of the Economic Action Plan 2013 Act, No. 2, chapter 40 of the Statutes of Canada, 2013, fixes the day on which this Order is made as the day on which sections 263, 266 and 267 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Order in Council, pursuant to section 269 of the Economic Action Plan 2013 Act, No. 2 (the EAP No. 2), on the recommendation of the Minister of Transport, brings sections 263, 266 and 267 of the EAP No. 2 into force.

Objective

The objective of this Order is to repeal two obsolete acts of Parliament and amend the Schedule to the International Bridges and Tunnels Act (IBTA). The amendment will remove five obsolete references from the Schedule to the IBTA (the Schedule), ensuring it is accurate and up to date, thereby eliminating ambiguity and potential confusion for individuals referring to it.

Background

The IBTA, which was enacted in 2007, governs the construction, alteration, operation and ownership of international bridge crossings and tunnels. The Schedule lists the acts of incorporation for every bridge and tunnel that is subject to the IBTA. The acts of incorporation establish the bridge authorities as legal entities, contain legal processes that were used to form the bridge corporation and specify legal authorities.

In 1998, the Federal Bridge Corporation Limited (FBCL) was established as a Crown corporation that would oversee selected international bridge crossings between Canada and the United States. At the time of FBCL’s founding, the only international crossing in the FBCL’s portfolio was the Thousand Islands Bridge. This bridge’s act of incorporation was not repealed when it was added to FBCL portfolio, as it retained practical relevance.

In 2013, FBCL underwent a number of changes and expanded its portfolio of international infrastructure assets. Pursuant to the EAP No. 2, a new version of the FBCL was created by amalgamating the legacy corporation (established in 1998) with the Blue Water Bridge and the Sault Ste. Marie Bridge. The Blue Water Bridge had two acts of incorporation: the first was a founding act (1928) and the other was a more recent act (1964–1965). The Sault Ste. Marie Bridge also had a founding act (1901) and another act from 1955. These bridges required new acts to establish new authorities that the founding acts did not cover as operational needs evolved.

The EAP No. 2, also known as Bill C-4, was an omnibus bill that sought to amend, repeal and enact a variety of unrelated acts and provisions which included repealing bridge acts of incorporation and amending the Schedule under IBTA. Its overall design was to fulfill the Government of Canada’s goal to facilitate budgetary balance and medium-term economic prosperity. When the EAP No. 2 was enacted, An Act to incorporate the St. Clair Transit Company, S.C. 1928, c. 64 and An Act to incorporate St. Mary River Bridge Company, S.C. 1901, c. 112 were immediately repealed in 2013. In 2015, the Blue Water Bridge Authority Act, S.C. 1964-65, c. 6 was repealed via Order in Council as stipulated in the EAP No. 2. The remaining acts (An Act to incorporate St. Mary’s River Bridge Company, S.C. 1955, c. 64 and An Act to incorporate Thousand Islands Bridge Company, S.C. 1934, c.66 were not repealed due to an oversight.

To repeal these remaining acts, sections 266 and 267 of the EAP No. 2 need to be brought into force. As stipulated in EAP No. 2, the Schedule can only be amended once the repeals are complete under Section 263. To bring these sections into force, an Order in Council is required.

Blue Water Bridge

The Blue Water Bridge is located between Point Edward, Ontario, and Port Huron, Michigan, and spans the St. Clair River at the southern end of Lake Huron.

The bridge’s founding act of incorporation was An Act to incorporate the St. Clair Transit Company, S.C. 1928, c. 64, item 39 in the Schedule. It was repealed in 2013 when section 265 of the EAP No. 2 came into force.

The bridge’s subsequent act, the Blue Water Bridge Authority Act, S.C. 1964-65, c. 6 is listed as item 50 in the Schedule. This act was not repealed when the EAP No. 2 was enacted, as the amalgamation process was not fully completed until February 1, 2015. Once the amalgamation was complete, the act became obsolete and needed to be repealed. In accordance with section 269 of the EAP No. 2, it could only be repealed via Order in Council. The Gouvernor General in Council (GIC) fixed the date that this repeal came into force as of February 1, 2015, in Order in Council 2015-0075 (SI/2015-0010).

Although both the pre-amalgamation acts of incorporation for the Blue Water Bridge have been repealed, both remain listed in the Schedule.

Sault Ste. Marie Bridge

The Sault Ste. Marie Bridge spans the St. Marys River and connects the twin cities of Sault Ste. Marie, Michigan, and Sault Ste. Marie, Ontario. The bridge’s founding act of incorporation was An Act to incorporate the St. Mary River Bridge Company, S.C. 1901, c. 112, item 26 in the Schedule. It was repealed in 2013 when section 264 of the EAP No. 2 came into force.

The bridge’s subsequent and most recent act at the time of amalgamation with FBCL was An Act to incorporate St. Mary’s River Bridge Company, S.C. 1955, c. 64, item 45 in the Schedule. This act was not repealed when the EAP No. 2 was enacted, as the amalgamation process was not fully completed until January 27, 2015. Once the amalgamation was complete, the act became obsolete and needed to be repealed. However, due to an oversight, an Order in Council under section 269 of the EAP No. 2 that would have repealed this act was not prepared and, as a result, the act remains listed in the Schedule.

Thousand Islands Bridge

The Thousand Islands Bridge is a system of five bridges spanning the Saint Lawrence River. It extends from Collins Landing near Alexandria Bay, New York, to Ivy Lea near Gananoque, Ontario. The bridge’s founding and only act of incorporation was An Act to incorporate Thousand Islands Bridge Company, S.C. 1934, c. 66, item 42 in the Schedule.

In 1998, the bridge was incorporated into the original FBCL as its only international infrastructure asset. It retained its act of incorporation as the original FBCL did not provide bridge operation authorities. With the formation of the new FBCL, which established new bridge authorities, the bridge’s founding act of incorporation no longer retained practical relevance and needed to be repealed. However, section 269 of the EAP No. 2 stipulated that this act could only be repealed through an Order in Council. As noted above, due to an oversight, an Order in Council that would have repealed the act was not prepared and, as a result, the act remains listed in the Schedule.

Statutes Repeal Act

Under the Statutes Repeal Act (SRA), legislative provisions that have not been brought into force after 10 years are automatically repealed unless a deferral is sought to preserve them. For example, because the Government still intends to bring them into force. The SRA helps to ensure that Canadian legislation stays up to date and continues to be relevant.

In 2023, as part of the SRA process, the Department of Justice informed Transport Canada (TC) that the legislative authority in the EAP No. 2, which is needed to repeal the obsolete acts of incorporation and amend the Schedule, would be repealed on December 31, 2023, if the provisions were not used before that date.

In response to the December 31, 2023, imminent repeal of the provisions in the EAP No. 2, TC sought a deferral to provide time for the Minister to develop a recommendation that the GIC bring sections 263, 266 and 267 of the EAP No. 2, into force, and allow the repeal of the two acts and the corresponding amendment to the Schedule. Parliament granted the deferral request; therefore, the aforementioned provisions in the EAP No. 2 remain valid until December 31, 2024, so that the GIC may bring the relevant sections of the EAP No. 2 into force.

Implications

The Order will bring into force sections 263, 266 and 267 of the EAP No. 2 by repealing An Act to incorporate Thousand Islands Bridge Company, S.C. 1934, c. 66 and An Act to incorporate St. Mary’s River Bridge Company and amending the Schedule. By doing so, the Order will help to ensure that the IBTA is accurate and up to date, thereby eliminating any potential confusion for affected stakeholders.

The Order is not expected to have any financial or operational impacts as it merely updates existing legislation in accordance with administrative changes that have already taken place. As the amalgamation was finalized in 2015, there will be no impacts to the FBCL or the administration or operation of the FBCL’s existing bridges. The Order will not have any impacts on bridge users.

There are no Federal-Provincial implications associated with the Order and no jurisdictional issues have been identified. The Order is not expected to have any impacts on the environment.

If the Order were not made, obsolete items would remain on the Schedule, which could result in confusion and ambiguity for stakeholders.

Consultation

TC consulted FBCL officials during summer and fall 2023, to ensure that there would be no operational or financial impacts on FBCL or Canadians.

Contact

Alaa Thuwaini
Research/Analysis Officer
Surface Transportation Policy
Transport Canada
Telephone: 613‑724‑8584
E-mail: alaa.thuwaini@tc.gc.ca