Regulations Amending the Schedule to the International Bridges and Tunnels Act and the International Bridges and Tunnels Regulations: SOR/2026-46

Canada Gazette, Part II, Volume 160, Number 6

Registration
SOR/2026-46 March 13, 2026

INTERNATIONAL BRIDGES AND TUNNELS ACT

P.C. 2026-210 March 13, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Schedule to the International Bridges and Tunnels Act and the International Bridges and Tunnels Regulations under subsection 4(2) and sections 14 and 15 of the International Bridges and Tunnels Act footnote a.

Regulations Amending the Schedule to the International Bridges and Tunnels Act and the International Bridges and Tunnels Regulations

International Bridges and Tunnels Act

1 The schedule to the International Bridges and Tunnels Act footnote a is amended by adding the following in numerical order:

54 Bridge To Strengthen Trade Act, S.C. 2012, c. 31

International Bridges and Tunnels Regulations

2 The schedule to the International Bridges and Tunnels Regulations footnote 1 is amended by adding the following after item 13:
Item Name and Location
13.1 Gordie Howe International Bridge (Windsor, Ontario — Detroit, Michigan)

Coming into Force

3 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Transport Canada (TC or the Department) has a robust regulatory regime for international bridges, covering safety, operations, future changes related to construction, alteration and ownership, and the flow of goods and people. The new Gordie Howe International Bridge (GHIB) must be listed in the schedules of the International Bridges and Tunnels Act (IBTA) and the International Bridges and Tunnels Regulations (IBTR) to be subject to this regime and ensure safe and efficient bridge operations. Once this bridge is listed, the Windsor Detroit Bridge Authority (WDBA), as the federal Crown corporation responsible for operating the bridge, will be required to comply with IBTA and IBTR obligations, such as seeking approvals for structural or ownership changes, submitting reports on the structural condition of the bridge and its load capacity, notifying the Minister of Transport (the Minister) of key operational changes, including bridge closures, vehicle types permitted, and changes to tolls and fees.

Background

Construction of the GHIB

In 2012, the Government of Canada announced the construction of a new international bridge between Windsor, Ontario, and Detroit, Michigan, to enhance infrastructure capacity in this key trade corridor. To expedite the construction of the bridge, the Government introduced new legislation, the Bridge To Strengthen Trade Act (BSTA).

The WDBA was established as the federal Crown corporation that would oversee the public-private partnership, project delivery, construction and eventual operation of the new crossing.

The IBTA and the IBTR

Enacted in 2007, the IBTA governs the construction, alteration, maintenance, operation and ownership of all international bridge crossings and tunnels. The schedule to the IBTA lists the acts of incorporation / enabling legislation for every international vehicular and rail bridge and tunnel subject to the IBTA. These acts of incorporation establish the bridge authorities as legal entities and other legal authorities. Given that the construction of the GHIB was exempt from the IBTA approvals through provisions in the BSTA, the GHIB was not included in the IBTA schedule. As it nears operational readiness, it will be added to the IBTA schedule to ensure it is incorporated into the oversight regime in a timely manner.

The IBTR, established under the IBTA and enacted in 2009, set out specific requirements governing the operation, maintenance, and reporting obligations related to international vehicular bridges and tunnels. The IBTR also establishes requirements for owners of an international bridge to conduct an underwater inspection of the bridge at least once every five years and a detailed visual inspection once every two years. The IBTR ensures that operators comply with federal safety standards and that the infrastructure remains secure for travellers and trade. The schedule to the IBTR lists every international vehicular bridge and tunnel subject to it.

Objective

The Regulations Amending the Schedule to the International Bridges and Tunnels Act and the International Bridges and Tunnels Regulations (the Regulations) aim to ensure the necessary oversight mechanisms are in place once the bridge becomes functional. More specifically, the objective of the Regulations is to ensure safe and efficient bridge operations by enabling federal oversight of the bridge’s maintenance, operation and safety, as well as any future construction, rehabilitation, alterations or changes in ownership.

Description

These Regulations add the Bridge To Strengthen Trade Act (S.C. 2012) to the IBTA schedule, and the GHIB name and location to the IBTR schedule, consequently obligating the WDBA, the federal Crown corporation responsible for operating the bridge, to comply with the requirements stipulated in the IBTA and IBTR.

Regulatory development

Consultation

Amending the schedules to the IBTA and the IBTR affects a single stakeholder, the WDBA, a federal Crown corporation responsible for operating the bridge. Consequently, it was not necessary to undertake consultations over and above those already conducted with the WDBA via Housing, Infrastructure and Communities Canada. The WDBA has voluntarily sought to confirm its understanding of the legislative and regulatory regime of international bridges by consulting Transport Canada, via Housing, Infrastructure and Communities Canada, through whom it reports to Parliament.

A prepublication comment period in the Canada Gazette, Part I, was not undertaken, as there is only a single impacted stakeholder, the WDBA. Additionally, the amendment does not introduce any new requirements for bridge operators; it simply extends the existing requirements to include the Gordie Howe International Bridge.

Indigenous engagement, consultation and modern treaty obligations

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on the proposal. The assessment did not identify any adverse impacts on potential or established Indigenous or treaty rights, which are recognized and affirmed in section 35 of the Constitution Act, 1982. In addition, internal consultations with Transport Canada’s departmental Indigenous relations unit did not identify any obligations related to this proposal.

Indigenous peoples from the impacted region were consulted by federal officials for the construction of the bridge, in early preliminary studies, in preconstruction stage activities, during the extensive and comprehensive environmental assessment study, and during the construction phase. The Community Benefits Plan for Indigenous rights holders included developing business partnership opportunities, partnering with training organizations to arrange on-site training, commissioning local artists to create community/art murals, and increasing awareness of skilled trades, careers and supporting apprenticeship programs.

Instrument choice

The regulatory amendments are strictly administrative in nature and do not involve any changes to existing policies governing bridge maintenance, safety, operations, or expansion practices. Therefore, no alternative regulatory or non-regulatory options were considered. Amending the schedules to the IBTA and IBTR will ensure that the GHIB is aligned with the same oversight regime applied to all other international bridges connecting Canada and the United States. Consequently, the regulatory amendment process under the IBTA is the only available mechanism.

Regulatory analysis

Costs and benefits

The Regulations will add the GHIB name and location to the IBTR schedule. The amendment will obligate the WDBA to comply with the requirements stipulated in the IBTR and provide Transport Canada with the ability to implement essential oversight measures that will help ensure the GHIB’s safety and operational efficiency. These changes will result in incremental costs to Transport Canada and the WDBA. The total estimated present value cost will be $0.34 million over the 10-year analytical time frame (2026–2035). Of this amount, $0.27 million will be incurred by the WDBA and $65,077 by Transport Canada.

The Regulations allow Transport Canada to intervene where required to enforce safety, security, and operational standards that maintain critical infrastructure. Thus, benefitting bridge users and the broader Canadian public who rely on goods transported across the bridge.

Analytical framework

The costs and benefits of the Regulations have been assessed in accordance with the Policy on Cost-Benefit Analysis of the Treasury Board of Canada Secretariat (TBS) by comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the Regulations. The regulatory scenario provides information on the expected outcomes of the Regulations.

The analysis considers the impact of the Regulations over a 10-year period from 2026 to 2035. A year in this analysis constitutes a 12-month period starting from the registration date of the Regulations indicated in the Canada Gazette, Part II (expected in 2026), to the same date in the following year. Unless otherwise stated, all values are expressed in 2024 Canadian dollars and are discounted to the base year of 2026 at a 7% discount rate. Individual wage rates are undiscounted. Some values presented in the text may not add up exactly to totals due to rounding.

The formula used to calculate annualized values under the cost-benefit statement follows the methodology prescribed in Canada’s Cost-Benefit Analysis Guide for Regulatory Proposals where impacts occurred in the first period are undiscounted.

Baseline and regulatory scenarios

In the baseline scenario, the GHIB name and location would not be added to the IBTR schedule and therefore the GHIB would not be obligated to comply with provisions in the IBTR. Further, Transport Canada would not have the ability to perform its oversight function for the GHIB. In the regulatory scenario, the GHIB name and location will be added to the IBTR schedule, obligating the WDBA to comply with the provisions in the IBTR. Further, Transport Canada will be able to perform necessary oversight functions for the GHIB outlined in the IBTR. This will result in incremental costs from the baseline scenario for both the WDBA and Transport Canada.

Costs

The Regulations will result in costs for both the WDBA and Transport Canada related to the drafting of inspection reports, evaluating the load capacity of the bridge and the drafting of its corresponding report, additional engineering inspections, the drafting of operation and use reports and the preparation of notices of changes and closures. The total estimated cost will be $0.34 million, with $0.27 million incurred by the WDBA and $65,077 by Transport Canada.

The estimates provided through this section regarding the time required for specific activities for the WDBA and Transport Canada were informed by subject matter experts within Transport Canada, who have been involved with these processes for other bridges in Canada.

Recurring inspection reports

Under the IBTR, the owner of the GHIB is required to submit a report associated with each two- and five-year inspection. Given that the GHIB is a long-span bridge that does not have piers (vertical structural support) underwater, it will not be subject to five-year inspections. Inspection reportsfootnote 2 will therefore be expected to occur every second year, beginning in 2027. It would take approximately 12 weeks for an engineer (typically a civil or structural engineer) to draft each inspection report, at an average hourly wage of $70.38.footnote 3 As a result, between 2026 and 2035, the WDBA is expected to incur a total cost of $114,975 to draft inspection reports.

Once a report is drafted, the engineer team lead, along with a second engineer, will review the inspection report. It would take approximately three weeks to review the report, at an average hourly wage of $70.38 for the second engineer and $78.31footnote 4 for the team lead engineer. As a result, between 2026 and 2035, the WDBA is expected to incur a total cost of $60,729 associated with the review of inspection reports.

Once the report is reviewed, the WDBA must submit it to Transport Canada. As provided in the IBTR, the report must be accompanied by a letter signed and sealed by two engineers, one of whom is the team leader, attesting to the correctness of the information in the report and providing a statement as to the overall condition of the structure. It will take approximately two hours for the team lead engineer to draft the attestation letter that accompanies the report. In addition, it would take approximately five minutes for the two engineers to sign and seal the letter and submit it to Transport Canada. As a result, between 2026 and 2035, the WDBA is expected to incur a total cost of $587 to draft and sign the letter and a total cost of $24 for the team lead to submit the signed and sealed letter and report to Transport Canada.

Once the report is received, it is reviewed by TC. It will take an ENG-04footnote 5 approximately three weeks to review the report. In addition, on average, an ENG-04 spends approximately one week of their time handling follow-up activities with the bridge. As a result, between 2026 and 2035, Transport Canada is expected to incur a total cost of $32,985 to review the report and a total cost of $10,995 on follow-up activities. The WDBA would also incur a total cost of $10,662 related to follow-up activities. This cost includes the engineer team lead spending approximately one week handling follow-up activities with Transport Canada.

Inspections by the Minister

As stated in the IBTR, the Minister may conduct an inspection of an international bridge or international tunnel after giving reasonable notice to the owner, with the Department aiming to conduct an inspection every five years. In this analysis, these are assumed to take place in 2030 and 2035. To provide “reasonable notice” to the WDBA, an ENG-04 will send an email to the bridge owner outlining the proposed date and time. It will take approximately 30 minutes for the ENG-04 and the bridge manager to coordinate a date and time. As a result, between 2026 and 2035, TC is expected to incur a total cost of $52.77 and the WDBA is expected to incur a total cost of $47.86footnote 6 to schedule a bridge inspection by the Minister.

It typically takes an ENG-04 approximately six hours to complete an inspection, plus an additional five hours for pre- and post-visit documentation. Typically, a bridge manager accompanies the TC inspector on the visit, which would mean six hours of their time. As a result, between 2026 and 2035, TC is expected to incur a total cost of $1,161 and the WDBA is expected to incur a total cost of $574 associated with this type of inspection.

Additional engineering investigations

According to section 11 of the IBTR, an owner of an international bridge or international tunnel shall submit to the Minister a final report signed and sealed by two engineers, relating to a special condition survey, test or other additional engineering investigation conducted in respect of the bridge or tunnel, other than the evaluation referred to in section 12 of the IBTR. Should one be required, it could take between one and four months of effort for the bridge owner.

These types of investigations are only carried out when necessary, such as after a major defect or collision, so there is no set schedule for when they occur. Some bridges have not required any section 11 investigations in many years, while others have required one just a few years after opening, usually due to unusual events or major rehabilitation work. Where this type of investigation is required, it is expected that most of this work would be done in the baseline scenario regardless of the implementation of these Regulations, and therefore, the incremental impact would be minimal. For these reasons, no costs have been monetized related to additional engineering investigations.

Evaluation of the load carrying capacity of an international bridge

Pursuant to the IBTR, the bridge owner is required to conduct an evaluation of the bridge’s capacity to carry traffic loads when certain conditions are met (e.g. observed or suspected defects, a change in road classification, an alteration to the bridge that may affect its live load carrying capacity, etc.). There is no fixed interval for the bridge to conduct this type of evaluation; however, bridge owners typically complete an as-build (initial) load rating within six months of opening to reflect as-constructed conditions and materials. As a result, it is assumed that the WDBA would conduct this type of evaluation on the GHIB in 2026. Otherwise, long-span bridges like the GHIB are often rerated only after 10–15 years of service unless a trigger event as stated in section 12 of the IBTR occurs, such as changes in traffic patterns that could affect its load-carrying capacity.

It typically takes three weeks for a bridge owner to complete a load carrying capacity evaluation. This involves an engineer team lead, an engineer and two technologists.footnote 7 As a result, in 2026, the WDBA is expected to incur a total cost of $27,277 to conduct a load carrying capacity evaluation.

Load carrying capacity evaluation report

Under the IBTR, the owner of an international bridge shall submit a report to the Minister regarding an evaluation of the bridge’s capacity to carry traffic loads within 60 days after the day on which the evaluation is completed. It is therefore assumed that this cost and related costs will be incurred in 2026. It would take approximately 12 weeks for an engineer (typically a civil or structural engineer) to draft the load carrying capacity evaluation report. As a result, the WDBA is expected to incur a total cost of $31,669 to draft the load carrying capacity evaluation report.

Once the report is drafted, the lead engineer, along with a second engineer, will review the report. On average, it takes 3 weeks to review the report. As a result, the WDBA is expected to incur a total cost of $13,939 associated with the review of the load carrying capacity evaluation report.

Once the report is reviewed, the WDBA must submit it to Transport Canada. As stated in the IBTR, the owner of the international bridge shall ensure that the report is signed and sealed by two engineers. It takes five minutes for the two engineers to sign and seal the report and submit it to Transport Canada. As a result, in 2026, the WDBA is expected to incur a cost of $5 to sign and seal the report, and a total cost of $7 to submit the signed and sealed report to Transport Canada.

Once the report is received, it is reviewed by the Department. It takes an ENG-04 approximately three weeks to review the report. In addition, on average, an ENG-04 spends approximately one week handling any follow-up requests to the bridge owner. As a result, Transport Canada is expected to incur a cost of $9,085 to review the report and $3,028 for any follow-up activities. The WDBA would also incur a total cost of $2,937 related to follow-up activities that are expected to require a week for the engineer team lead.

Operations and use — reports

Under the IBTR, an owner of an international bridge or tunnel shall submit to the Minister at least once every two years a report related to the operation and use of the bridge or tunnel. This report is largely administrative in nature and is usually assembled by an administrative staff memberfootnote 8 rather than an engineer.

It takes approximately one week to draft the report. Once a draft is completed, the bridge manager takes 7.5 hours to review the report before submission to Transport Canada. Once finalized, uploading or emailing the PDF and any attachments to Transport Canada is a simple administrative task expected to be done by the bridge manager that takes approximately five minutes. As a result, between 2026 and 2035, the WDBA is expected to incur a total cost of $7,318 to draft, review and submit the operations and use report.

Once the report is received, it is reviewed by the Department. It takes an ENG-04 approximately three days to review the report. In addition, on average, an ENG-04 spends approximately three hours handling follow-up requests to the bridge owner. As a result, between 2026 and 2035, Transport Canada is expected to incur a total cost of $6,597 to review the report and a total cost of $880 on any follow-up activities. The WDBA is expected to incur a cost of $798 on follow-up activities. This cost includes the three hours spent by the bridge manager handling follow-up activities with Transport Canada.

Changes and closures

Under the IBTR, the bridge owner will be required to inform the Minister, in writing, if certain changes or closures occur (e.g. a change in tolls, a change in the types of vehicles permitted to use the international bridge, or the closure of one of its lanes for a period of 48 hours or more, etc.). There is no scheduled interval; a notice is triggered only when the owner plans (or must impose) a change that affects traffic flow or structural capacity for more than 24 hours, or when an emergency closure occurs. This type of notice typically occurs once or twice a year at most, and often not at all in a given year. For this analysis, it is assumed that this type of notice would occur once every two years.

The bridge manager will take approximately three hours to draft a brief letter or email that

Once completed, the notice is emailed to an ENG-04 at Transport Canada. An ENG-04 will spend approximately one hour to review the notice. Typically, these notices are routine, and no further action is required by Transport Canada.

As a result, between 2026 and 2035, the WDBA is expected to incur a total cost of $798 to draft and submit the notice to Transport Canada, and Transport Canada is expected to incur a total cost of $293 to review the notice.

Benefits

The Regulations will provide the Minister and departmental officials with the necessary regulatory tools and authorities under the IBTR, ensuring that Transport Canada’s oversight function adds an additional layer of protection.

The travelling public and the transporters of goods using the bridge will benefit from a decreased risk of safety or security-related events, which could lead to physical harm such as fatalities and injuries, or economic harm in the form of property damage and/or delays. Those avoided delays will also impact the broader Canadian public, as the bridge is expected to see a consistent flow of consumer goods. Avoiding these delays will ensure that the goods reach their destination in an efficient manner.

Cost-benefit statement
Table: Monetized costs
Impacted stakeholders Description of cost 2026 2030 2035 Total (present value) Annualized value
WDBA All costs $75,833 $363 $29,607 $272,347 $36,239
Transport Canada All costs $12,114 $708 $8,258 $65,077 $8,659
All stakeholders Total costs $87,947 $1,072 $37,866 $337,422 $44,898
Qualitative costs

Small business lens

Analysis under the small business lens concluded that the Regulations will not impact Canadian small businesses. The WDBA is not considered a business under the rule, as it is a not-for-profit Crown corporation.

One-for-one rule

The one for one rule does not apply, as there is no impact on business. The WDBA is not considered a business under the rule, as it is a not-for-profit Crown corporation.

Regulatory cooperation and alignment

This regulatory amendment is not related to any commitment under a formal regulatory cooperation forum, nor is it intended to address non-alignment with other jurisdictions. It applies solely to the Canadian portion of the GHIB, and only the WDBA is responsible for its implementation.

International obligations

This regulatory amendment is not related to any international obligations, nor is it intended to address non-alignment with international jurisdictions. The amendment applies solely to the Canadian portion of the GHIB and the WDBA.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required because the amendments have no environmental impacts.

Gender-based analysis plus

A gender-based analysis plus (GBA+) was conducted to determine whether the amendments would have differential impacts based on identity factors such as gender, race, ethnicity, and sexuality. The amendments are not expected to have any disproportionate impacts nor affect any demographic group, as they only add the incorporating Act to the schedule to the IBTA and GHIB to the schedule to the IBTR so that existing legislative and regulatory provisions apply to the WDBA.

The GHIB is expected to become the busiest commercial land border crossing between Canada and the United States. The bridge’s focus is on commercial truck traffic while also planning for passenger and active-transport connections. Canada’s trucking industry remains predominantly male; however, gender representation has been gradually shifting, and the number of female truck drivers increased by 43% between 2016 and 2021.footnote 9

The amendments to the schedules to both the IBTA and IBTR are expected to yield overall positive indirect outcomes, particularly by allowing redundancy for increased traffic flow of goods and services across the border for travellers and workers. No disproportionate negative effects are anticipated, given that no new programs or policies are being developed.

Implementation, compliance and enforcement, and service standards

Implementation

The amendments come into force on the day on which they are published in the Canada Gazette, Part II. Subsequently, the WDBA will be responsible for complying with the IBTA and IBTR as applicable.

Compliance and enforcement

Upon implementation, the WDBA will be required to comply with the requirements set out in both the IBTA and IBTR. Under the IBTA, any future plans by the WDBA to expand, reconstruct, alter or modify the GHIB’s operations will require the submission of an application to the Minister of Transport for approval by the Governor in Council.

The Minister of Transport and the Department have the tools to enforce compliance via orders in council, ministerial correspondence, emergency directions, and administrative monetary penalties.

Contact

Everett Palmer
Manager / Senior Policy Advisor
Transport Canada
330 Sparks Street (Tower C)
Ottawa, Ontario
K1A 0N5
Telephone: 343‑573‑8710
Email: everett.palmer@tc.gc.ca