ARCHIVED — Vol. 146, No. 6 — March 14, 2012

Registration

SOR/2012-33 March 2, 2012

DEPARTMENT OF TRANSPORT ACT
INTERNATIONAL BRIDGES AND TUNNELS ACT

Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program)

P.C. 2012-235 March 1, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, hereby makes the annexed Regulations Amending Certain Department of Transport Regulations (Miscellaneous Program) pursuant to

  1. (a) section 16 of the Department of Transport Act (see footnote a); and

  2. (b) sections 14 and 15 of the International Bridges and Tunnels Act (see footnote b.

REGULATIONS AMENDING CERTAIN
DEPARTMENT OF TRANSPORT REGULATIONS
(MISCELLANEOUS PROGRAM)

DEPARTMENT OF TRANSPORT ACT

GOVERNMENT AIRPORT CONCESSION
OPERATIONS REGULATIONS

1. Subsection 8(1) of the Government Airport Concession Operations Regulations (see footnote 1) is replaced by the following:

8. (1) Despite section 4 and subject to section 10, any person may transport a passenger in a commercial passenger vehicle or a courtesy vehicle from any place outside an airport to a place at the airport where the transportation does not contravene any provincial law relating to trespassing.

2. The schedule to the Regulations is repealed.

INTERNATIONAL BRIDGES AND TUNNELS ACT

INTERNATIONAL BRIDGES AND TUNNELS REGULATIONS

3. The definition “Minister” in subsection 1(1) of the International Bridges and Tunnels Regulations (see footnote 2) is repealed.

4. Paragraph 9(1)(h) of the English version of the Regulations is replaced by the following:

  1. (h) the maintenance work, major repairs and other work completed since the previous inspection report; and

5. Subsections 13(2) and (3) of the Regulations are replaced by the following:

(2) The owner of the international bridge shall ensure that the report is signed and sealed by two engineers.

6. Subsections 14(2) and (3) of the Regulations are replaced by the following:

(2) The owner of the international bridge or tunnel shall ensure

  1. (a) that the report covers a period starting at the end of the period covered by the previous report; and

  2. (b) that the report is submitted within 90 days after the end of the period covered by the report.

7. Section 15 of the Regulations is replaced by the following:

15. An owner of an international bridge or tunnel shall ensure that the report referred to in section 14 contains at least the following information:

  1. (a) the number of vehicles of the following types that pass over a point or segment of the international bridge or tunnel each month:

    1. (i) passenger cars,

    2. (ii) trucks, and

    3. (iii) buses and vehicles other than those referred to in subparagraphs (i) and (ii);

  2. (b) the types of vehicles that were permitted to use the international bridge or tunnel and the conditions or restrictions related to that use;

  3. (c) the tolls, fees or other charges applicable to users for the use of the international bridge or tunnel;

  4. (d) a brief description of all written complaints received in respect of the operation and use of the international bridge or tunnel; and

  5. (e) a description of the procedures that the owner has put in place to manage complaints from the public relating to the operation and use of the international bridge or tunnel.

8. The schedule to the Regulations is amended by adding the following after item 4:

Item

Name and Location

4.1

St. Croix River Bridge No. 2.5 (International) (St. Stephen, New Brunswick — Calais, Maine)

9. Item 11 of the schedule to the French version of the Regulations is replaced by the following:

Article

Noms et lieux

11.

Pont Baudette — Rainy River (Rainy River, en Ontario — Baudette, au Minnesota)

COMING INTO FORCE

10. 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.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR), which is a Parliamentary Committee whose mandate involves reviewing and scrutinizing government regulations and statutory instruments, has requested that an amendment be made to address concerns as they pertain to the International Bridges and Tunnels Regulations.

A variety of additional minor modifications are also being made, such as correcting spelling mistakes and translation errors, and removing references to sections and schedules that no longer apply. In addition, Transport Canada is taking this opportunity to amend the Government Airport Concession Operations Regulations in addition to the International Bridges and Tunnels Regulations. The amendment is expected to not only address concerns brought forward by the SJCSR, but also ensure that the regulations are accurate and consistent.

Description and rationale

International Bridges and Tunnels Regulations

Following the introduction of the International Bridges and Tunnels Regulations (IBTR) in February 2009, the SJCSR wrote to the Department concerning grammatical issues with the French version of the IBTR, as well as an issue with the definition of the term “Minister” not needing to be defined in the IBTR as a definition for the term was already provided for in the governing legislation. It was also highlighted that subsections 13(2) and 14(2) were no longer applicable as the former was only intended to apply for the first 60 days of the coming into force of the IBTR, and the latter for the first 6 months.

Therefore, this amendment will address the issues raised by the SJCSR by correcting a grammatical error under paragraph 15(1)(e) in the French version of the IBTR, by removing the requirements under subsections 13(2) and 14(2), and by removing the definition for the term “Minister.”

The amendment also corrects a spelling mistake that was found after the implementation of the IBTR (i.e. the misspelling, in the French version, of “Baudette” in the schedule), provides consistency between the English and the French under paragraph 9(1)(h), and updates the list of crossings for which the IBTR applies, by adding a crossing that was recently built.

Furthermore, the amendment relocates a requirement from subsection 15(2) to subsection 14(2) to clarify that the period covered by an operation and use report shall begin with the day immediately after the last day covered by the previous report. While the amendment does not modify the requirement itself, it offers clarity to the provision in an attempt to reduce any misinterpretation. A modification is also being made to paragraph 15(a) to correct a discrepancy between the English and the French versions of the IBTR.

Government Airport Concession Operations Regulations

The Government Airport Concession Operations Regulations (GACOR) regulate the process of granting permission for the operation of commercial passenger and courtesy vehicles, as well as for taxicab or limousine services. The Regulations are applicable at airports under the management and control of the Minister of Transport or that are owned and/or operated by Transport Canada. The GACOR also govern the process by which an Airport Manager may define an area as an open taxicab station, open limousine station or general vehicle station. The amendment modifies subsection 8(1) by eliminating the permission set out previously in paragraph 8(1)(b) and repealing the schedule to which the paragraph referred, because the paragraph dealt with individual airport arrangements and currently none of the airports that were listed in the schedule are still owned and operated by Transport Canada.

Consultation

Prior to the introduction of this amendment, Transport Canada shared its intention to amend the IBTR and the GACOR with its stakeholders, highlighting that the amendment is being made to address SJCSR’s concerns, as well as offer consistency and clarity of various requirements. No objections were received from any stakeholders. As the modifications are minor and corrective in nature, and are being made to ensure that the regulations are accurate and consistent, the amendment is being published directly in the Canada Gazette, Part Ⅱ.

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and the Transport Canada Policy Statement on Strategic Environmental Assessment, the strategic environmental assessment (SEA) process was followed for this and a Preliminary Scan was completed. The Preliminary Scan concluded that the proposal is not likely to have environmental effects.

Contact

For further information, please contact

Jay Rieger, Eng.
Project Manager
Bridge Policy and Programs
Airport and Port Programs Directorate
Transport Canada
112 Kent Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-2695
Fax: 613-990-8889
Email: jay.rieger@tc.gc.ca

Footnote a
R.S., c. T-18

Footnote b
S.C. 2007, c. 1

Footnote 1
SOR/79-373

Footnote 2
SOR/2009-17