Guidelines Respecting the Construction of an International Bridge or Tunnel Under the International Bridges and Tunnels Act, S.C. 2007, c.1

---

General

1. These guidelines will apply to any application for the construction of an international bridge or tunnel.

2. It is the responsibility of the applicant to ensure that the application submitted to the Minister of Transport is complete with all necessary documentation required by these Guidelines.

Interpretation

3. The following definitions, which are found in section 2 of the Act, have the same meaning in these Guidelines:

• “entity” means a corporation, partnership, trust, joint venture or unincorporated association or organization.

• “international bridge or tunnel” means a bridge or tunnel, or any part of it, that connects any place in Canada to any place outside Canada, and includes the approaches and facilities related to the bridge or tunnel.

• “Minister” means the Minister of Transport.        

Receipt of Application

4. An application for an approval for the construction of an international bridge or tunnel should be submitted to the Minister of Transport at the following address:

Minister of Transport Canada
Place de Ville, Tower C,
330 Sparks Street
Ottawa, Ontario
K1A 0N5

Number of copies

5. An applicant should provide the Minister with ten (10) copies of the application and supporting documentation.  Additional copies may be requested by the Minister.

Application

6. An application should include the following information supported, where applicable, with all necessary documentation:

1. Applicant - The name, citizenship and address of the person or entity proposing to construct an international bridge or tunnel.  In the case of an entity, copy of the incorporation document, articles of incorporation, memoranda of association or Letters Patent of Incorporation.  In the case of an entity, the name, address and citizenship of: (i) all officers and directors of the corporation; (ii) the partner(s) in a partnership; (iii) the trustee in a trust; or (iv) any person that has an interest in the joint venture or the unincorporated association or organization.  If any such person is an entity, the information mentioned in (i) to (iv) in respect of that person should be provided.  The name, address and citizenship of any person that beneficially owns securities of the entity.  The name and address of any persons, other than the ones disclosed above that are involved, will be involved or are likely to become involved in the construction project.

2. Operation– In the case that the application also contemplates an approval for the operation of the proposed international bridge or tunnel, the application should also include the information found in the Guidelines Respecting the Change of Ownership, Operator or Control that is not otherwise required under the present guidelines.

3. Description of construction project – A detailed description of the construction project, including its design, custom and inspection plaza, approaches and any related facilities.  Any plans, drawings and specifications, and location maps for the proposed structures and ancillary works. A detailed description of any alternatives contemplated in respect of the construction project.  A description of the nature and extent of any discussions held with Canada Border Services Agency in respect of the custom and inspection plaza.

4. Proposed location – Description of nearby communities and landowners adjacent to the construction project.  A detailed description of any alternatives contemplated in respect of the location of the construction project.  Description of how the construction project will connect with local, provincial or federal roads.  Description of the nature and extent of any discussions held with local, provincial or federal authorities in respect of the connection of the proposed structure with existing roads.  Information on other international bridges or tunnels located in the vicinity of the proposed bridge or tunnel.  Information on whether expropriations are contemplated under section 12 of the Act in respect of the construction project.

5. Project Schedule – Description of action plan and timeline for construction, including an expected schedule for securing all necessary permits and approvals, financing and construction.

6. Purpose and Need for construction – Information as to the need for the construction project, including whether the construction project is meant to replace an existing structure.  If the new structure is replacing an existing structure, information on what will be done with the old structure.

7. Traffic Information – Information on existing and projected levels of traffic to be carried by the proposed bridge or tunnel.  A description of the proposed road system that would serve the structure on each side of the border, as well as, the effect the traffic will have on the existing road system, nearby communities, bridges and border crossings.  Information on the impact the expected level of traffic may have on efficiency of the national transportation system.

8. Financing and Business Case – Information on the estimated amount as well as the source and nature of the funds needed to finance the construction project and to operate the proposed bridge or tunnel within the first five (5) years.  If government funding is to be obtained, a description of the steps that have been or need to be taken to secure such funding.  In the case of an entity, copies of all audited financial statements, income statements and pro forma must be included.  The signed shareholder’s agreement should one exist.  As part of the business case, if tolls are to be charged, provide details on the toll revenues by categories of vehicles as well as the proposed toll structure.

9. Insurance – Description of the amount, nature and source of the liability insurance to be taken in respect of the construction project.

10. Security – A description of how site security is organised for the duration of the construction.  Site security refers to the area under construction as well as any point providing access to this area.

11. Consultations – A description of the nature and extent of any public consultations, including Aboriginal consultations as set out in section 12 of these guidelines, held or done in respect of the construction project.

12. U.S. Approvals – A description of the steps that have been or will be taken to secure a Presidential Permit and any other U.S. approvals.  It is not necessary to have obtained a Presidential Permit before submitting an application to the Minister.

13. Other Canadian Approvals – An application for the construction of an international bridge or tunnel under the International Bridges and Tunnels Act, does not relieve the person or entity submitting an application to construct an international bridge or tunnel from any other legislative or regulatory requirements, including the application of any other Act of Parliament. The application should include a list of all other legislative or regulatory requirements, permissions or approvals that apply or may be required for the proposed construction.  Include a description of the steps that have been or will have to be taken to meet these requirements or secure these permissions or approvals.  Section 10 of these guidelines provides a non-exhaustive list of other requirements, permissions or approvals that may apply or be required under federal legislation in relation to the construction project.

14. Environmental Assessment – An environmental assessment (EA) under the Canadian Environmental Assessment Act (CEAA) is required before a federal authority exercises one of the powers or performs one of the duties or functions set out in subsection 5(1) of CEAA in respect of a project.  The application should include details of whether an EA under CEAA has been conducted, is in the process of being conducted, or will need to be conducted and identify the trigger for such a need under CEAA.  A project description consistent with the CEAA should also be included in the application.

Adverse Environmental Effects

7. In the event that an environmental assessment is not triggered under the CEAA, the person or entity submitting an application to construct an international bridge or tunnel is responsible to ensure that any known potential adverse environmental effects of the construction are disclosed in the application.

8. Where, in any case, the person or entity submitting an application determines that mitigation or compensation measures could prevent any of the potential adverse effects of the construction from becoming significant, these alternatives should be set out in the application.

Additional Information

9. Further information or documents may be requested by the Minister upon reviewing the information or documents filed.

10. The information listed below is for information only and does not constitute an exhaustive list of other requirements, permissions or approvals that may apply under other federal legislation in relation to the construction project.

1. Canada Border Services Agency (CBSA) - The person or entity submitting an application to construct an international bridge or tunnel should consult the various Acts administered by the CBSA, including section 6 of the Customs Act, R.S.C. 1985, c.1 (2^nd Supp.); Sections 19-20 of the Plant Protection Act, S.C. 1990, c.22;Sections 29-31 of the Health of Animals Act, S.C. 1990, c.21; and Section 271 of the Immigration and Refugee Protection Regulations, S.O.R./2002-227 and consider whether any permissions, authorizations or requirements under these Acts apply or are required in respect of the proposed construction.  For further information, contact:

   Director General’s Office
   Infrastructure and Environmental
   Operations Directorate
   Canada Border Services Agency
   Ottawa, Ontario  K1A 0L8
   Tel: (613) 941-7905

2. Department of Foreign Affairs and International Trade (DFAIT) – The person or entity submitting an application to construct an international bridge or tunnel should consider the International Boundary Water Treaty Act, R.S.C. 1985, c. I-17, including section 11,and consider whether any permissions, authorizations or requirements under this Act apply or are required in respect of the proposed construction.  For further information, contact:

   United States Relations Division
   Department of Foreign Affairs and International Trade
   Ottawa, Ontario  K1A 0G2
   Tel: (613) 944-6918

3. International Boundary Commission – The person or entity submitting an application to construct an international bridge or tunnel should consider the International Boundary Commission Act, R.S.C. 1985, c. I-16 and consider whether any permissions, authorizations or requirements under this Act apply or are required in respect of the proposed construction.  For further information, contact:

   Deputy Commissioner
   International Boundary Commission
   Ottawa, Ontario  K1A 0E9
   Tel: (613) 992-1294

4. Transport Canada (Navigable Waters Protection Program) – The person or entity submitting an application to construct an international bridge or tunnel should consider the Navigable Waters Protection Act, R.S.C. 1985, c. N-22 and consider whether any permissions, authorizations or requirements apply or are required in respect of the proposed construction.  For further information, contact:

   National Manager
   Navigable Waters Protection Program
   Transport Canada, Marine Safety
   Ottawa, Ontario  K1A 0N8
   Tel: (613) 990-5929

5. Fisheries and Oceans Canada (DFO) – The person or entity submitting an application to construct an international bridge or tunnel should consider the Fisheries Act, R.S.C. 1985, c. F-14 and consider whether any permissions, authorizations or approval apply or are required in relation to the proposed construction. For further information contact:

   Director General
   Habitat Management Program
   Fisheries and Oceans Canada,
   Oceans and Habitat Sector
   Ottawa, Ontario  K1A 0E6
   Tel: (613) 991-1280

Railway Bridge or Tunnel

11. The person or entity submitting an application to construct an international railway bridge or railway tunnel should consult the Canada Transportation Act, S.C. 1996, c. 10 and the Railway Safety Act, R.S.C. 1985 c. 32  (4th Supp.) and consider whether any permission, authorization or requirements under these Acts apply or are required in respect of the proposed construction.

Aboriginal Consultations

12. A description of the nature and extent of any consultations or discussions held with Aboriginal groups that may be affected by the project.  The Crown has the duty to consult with Aboriginal groups and would like the applicant to provide any information or known issues with respect to the Aboriginal groups relative to the project and the concerns or views of the Aboriginal groups in relation to the project.

Affidavit

13. All the information contained in this application, including the supporting documentation and changes subsequently made thereto, must be verified by an affidavit of the applicant, attesting to its truth, accuracy and completeness.

Confidentiality

14. Any information or documents that are claimed to be confidential should be marked as such when filed.  Where a claim of confidentiality is asserted in respect of any information or document, the applicant should specify the grounds for such claim including that the information or document contains: (i) trade secrets; (ii) confidential financial, commercial, scientific or technical information consistently treated as such by the applicant; (iii) information the disclosure of which could result in a material financial loss or could reasonably be expected to prejudice the applicant’s competitive position; or (iv) information the disclosure of which could reasonably interfere with contractual or other negotiation of the applicant.

Evaluation Process

15. The Department will screen or assess each application to determine if the application includes all further documents as needed to substantiate information contained in the application.  Additional time may be required to process an application where Aboriginal consultations are contemplated.

16. Transport Canada may seek input from other federal government departments that have expertise, vested interest or responsibilities relevant to the application.

Amended Application

17. The person or entity submitting an application may be required to prepare an amended application reflecting any agreements made in the course of mitigation and/or addressing departmental concerns.  If, upon consultations with the other departments, Transport Canada finds the application complete, the application will be referred to the Minister for review.

Decision

18. Once all consultations, findings and approvals referred to above have been made, the Minister will provide a recommendation and the application will be submitted to the Governor in Council for final decision.

Coordination with the Government of the United States

19. The Department of Foreign Affairs and International Trade and the Embassy of Canada coordinate closely with the Government of the United States on issues affecting the U.S.-Canada border.  As appropriate, the Department of Foreign Affairs and International Trade communicates with the State Department via diplomatic note at various stages in the approval process.  The Department of Foreign Affairs and International Trade will inform the State Department when applications are received and approved.

More Information

20. Questions concerning the application for the construction of an international bridge or tunnel should be directed to the Surface Infrastructure Programs of Transport Canada at the address below:

Director General
Surface Infrastructure Programs
Transport Canada
Ottawa, Ontario  K1A 0N5
Tel: (613) 949-4641