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Bill C-26

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PART V.1

INTERNATIONAL BRIDGES AND TUNNELS

Definitions

172.1 The following definitions apply in this Part.

``alteration''
« modification »

``alteration'' includes a conversion, an extension and a change in use of an international bridge or tunnel but does not include its operation and maintenance.

``international bridge or tunnel''
« pont ou tunnel international »

``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.

Application of other Acts

172.2 This Part does not affect the application of any Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.

Prohibition

172.3 No person shall construct or alter an international bridge or tunnel without the approval of the Governor in Council under this Part.

Application for approval

172.4 Any person who proposes to construct or alter an international bridge or tunnel shall submit an application to the Minister for approval by the Governor in Council and provide the Minister with plans, specifications, studies, procedures or other information, including information relating to the financing of the proposed construction or alteration of the bridge or tunnel or its operation, that may be requested by the Minister or prescribed by regulations made by the Governor in Council.

Approval of Governor in Council

172.5 (1) The Governor in Council may, on the recommendation of the Minister, approve the proposed construction or alteration of an international bridge or tunnel subject to any terms and conditions that the Governor in Council considers appropriate.

Variation of terms and conditions

(2) The Governor in Council may vary or rescind the terms and conditions.

Compliance with terms and conditions

(3) Every person who is subject to terms and conditions shall comply with them.

Ministerial order

172.6 (1) If any person constructs or alters an international bridge or tunnel without the approval of the Governor in Council, the Minister may

    (a) order any person to refrain from proceeding with the construction or alteration of the bridge or tunnel;

    (b) order the owner of the bridge or tunnel to remove or alter the bridge or tunnel; and

    (c) if the owner of the bridge or tunnel fails forthwith to comply with an order made under paragraph (b), remove and destroy the bridge or tunnel and sell, give away or otherwise dispose of the materials contained in the bridge or tunnel.

Costs of removal, destruction or disposal

(2) If the Minister removes, destroys or disposes of an international bridge or tunnel under paragraph (1)(c), the costs of and incidental to the operation of removal, destruction or disposal, after deducting from the costs any sum that may be realized by sale or otherwise, are recoverable with costs by Her Majesty from the owner as a debt due to Her Majesty.

Offence and punishment

172.7 (1) Every person who contravenes section 172.3 or subsection 172.5(3) or fails to comply with an order of the Minister under paragraph 172.6(1)(a) or (b) is guilty of an offence and is liable

    (a) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both; or

    (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

Continuing offence

(2) If an offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

Officers, etc., of corporations

(3) If a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Sections 174 and 175 do not apply

(4) Sections 174 and 175 do not apply in respect of an offence committed under subsection (1).

60. (1) The portion of section 177 of the Act before paragraph (a) is replaced by the following:

Regulations by Agency

177. (1) Subject to subsection (2) , the Agency may, by regulation,

(2) Paragraph 177(1)(b) of the French version of the Act is replaced by the following:

    b) prévoir le montant maximal - plafonné, dans le cas des personnes physiques, à 5 000 $ et, dans le cas des personnes morales, à 25 000 $ - de la sanction applicable à chaque violation qui constitue une contravention à un texte ainsi désigné.

(3) Section 177 of the Act is amended by adding the following after subsection (1):

Regulations by Minister

(2) The Minister may, by regulation,

    (a) designate any provision of section 51 or of any regulation made under section 50 or 51, or any requirement of any of those provisions, as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180; and

    (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

      (i) $5,000, in the case of an individual, and

      (ii) $25,000, in the case of a corporation.

61. (1) The portion of subsection 178(1) of the Act before paragraph (a) is replaced by the following:

Notices of violation

178. (1) The Agency, in the case of a violation referred to in subsection 177(1), or the Minister, in the case of a violation referred to in subsection 177(2) , may

(2) Subsection 178(3) of the French version of the Act is replaced by the following:

Certificat

(3) Chaque agent reçoit un certificat établi en la forme fixée par l'Office ou le ministre, selon le cas , et attestant sa qualité, qu'il présente sur demande à la personne à qui il veut demander des renseignements.

62. Subsection 179(1) of the French version of the Act is replaced by the following:

Violation

179. (1) Toute contravention à un texte désigné au titre de l'article 177 constitue une violation pour laquelle le contrevenant s'expose à la sanction établie conformément à cet article .

63. (1) Subsection 180(1) of the Act is replaced by the following:

Issuance of notice of violation

180. (1) If a person designated as an enforcement officer under paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out

    (a) the penalty, established in accordance with the regulations made under section 177 , for the violation that the person is liable to pay; and

    (b) the particulars concerning the time for paying and the manner of paying the penalty.

(2) Paragraphs 180(2)(b) and (c) of the Act are replaced by the following:

    (b) ``designated provision'' shall be read as a reference to a provision, requirement or condition designated under section 177;

    (c) ``Minister'', in the case of a violation referred to in subsection 177(1), shall be read as a reference to the Agency or, in any provision other than subsection 7.8(1) of the Aeronautics Act, to a person designated by the Agency;

(3) Paragraph 180(2)(e) of the Act is replaced by the following:

    (e) ``regulations made under paragraph 7.6(1)(b)'' shall be read as a reference to regulations made under section 177.

64. The Act is amended by adding the following after section 180:

Delegation by Minister

180.1 In the case of a violation referred to in subsection 177(2), the Minister may delegate to the Agency any power, duty or function conferred on the Minister under this Part and under sections 7.8 to 8.2 of the Aeronautics Act.

Replacement of ``competitive line rate''

65. The Act is amended by replacing the words ``competitive line rate'' with the words ``competitive connection rate'' in the following provisions:

    (a) subsection 116(6);

    (b) subsection 129(2);

    (c) sections 134 and 135; and

    (d) subsections 136(2) and (3).

PART 2

R.S., c. 32 (4th Supp.)

RAILWAY SAFETY ACT

66. (1) The Railway Safety Act is amended by adding the following after section 43:

PART IV.1

POLICE CONSTABLES

Appointment

44. (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.

Limitation

(2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge's jurisdiction.

Jurisdiction

(3) The police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.

Power to take persons before a court

(4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.

Court's jurisdiction

(5) The court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court's jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.

Dismissal or discharge of police constable

(6) A superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.

Procedures for dealing with complaints

44.1 (1) If one or more police constables are appointed with respect to a railway company, the railway company must

    (a) establish procedures for dealing with complaints concerning police constables;

    (b) designate one or more persons to be responsible for implementing the procedures; and

    (c) designate one or more persons to receive and deal with the complaints.

Procedures to be filed with Minister

(2) The railway company must file with the Minister a copy of its procedures for dealing with complaints and must implement any recommendations made by the Minister, including recommendations concerning how the procedures are to be made public.

Transitional

(2) Every police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which this section comes into force is deemed to have been appointed under section 44 of the Railway Safety Act, as enacted by subsection (1).

PART 3

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