Law:Northumberland Strait Crossing Act
From Law Delta
S.c. 1993, c. 43
Assented to 1993-06-23
An Act respecting the Northumberland Strait Crossing
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. This Act may be cited as the Northumberland Strait Crossing Act.
2. (1) In this Act,
« accord »
“agreement” means an agreement entered into pursuant to section 4;
« ouvrage de franchissement » ou « ouvrage »
“crossing” means a fixed structure that provides a means of crossing the Northumberland Strait and includes all facilities and appurtenances related to that fixed structure;
« ministre »
“Minister” means the Minister of Public Works and Government Services.
Calculation of Consumer Price Index
(2) For the purposes of this Act, the consumer price index for any period shall be determined in accordance with an agreement.
1993, c. 43, s. 2; 1994, c. 26, s. 47(F); 1996, c. 16, s. 60.
Binding on Her Majesty
3. This Act is binding on Her Majesty in right of Canada.
Authority to enter into agreements
4. (1) The Minister may, on behalf of Her Majesty in right of Canada, enter into one or more agreements in respect of the crossing.
Contents of agreements
(2) The agreements entered into under this section may include
(a) provisions respecting the design, maintenance, financing, development, construction and operation of the crossing;
(b) provisions respecting the payment of the annual subsidy referred to in section 7;
(c) undertakings in relation to industrial and employment benefits;
(d) provisions respecting the tolls, fees or other charges that may be imposed in respect of the crossing; and
(e) such other terms and conditions as the Minister considers desirable.
Authority to carry out agreements
5. (1) The Minister may do such things as the Minister considers appropriate to carry out an agreement or to protect the interests or enforce the rights of Her Majesty under an agreement.
(2) Without limiting the generality of subsection (1), the Minister may, with respect to an agreement,
(a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under or pursuant to the agreement or any security granted in substitution therefor;
(b) release or realize on any security referred to in paragraph (a);
(c) acquire shares of a corporation in trust for Her Majesty; and
(d) acquire on behalf of Her Majesty the whole or any portion of any interest held in respect of the crossing by any party to the agreement and, for that purpose, enter into such agreements or arrangements as the Minister considers appropriate.
Lease of federal real property
6. The Minister may lease land, and any other property belonging to Her Majesty in right of Canada or of which Her Majesty has the power to dispose, that the Minister considers is required for the construction or operation of the crossing, on such terms and conditions as the Minister considers desirable.
7. (1) Subject to subsection (2), there shall be paid out of the Consolidated Revenue Fund, for the purpose of paying an annual subsidy in respect of the crossing, and the operation thereof in accordance with an agreement, in each of the thirty-five fiscal years beginning with the fiscal year determined for that purpose in accordance with the agreement, on the dates set out in the agreement, an amount not exceeding an aggregate sum of forty-two million in 1992 dollars, adjusted, in accordance with the agreement, using the consumer price index.
Number of fiscal years
(2) Where the date fixed by the agreement referred to in subsection (1) as the date on which the first payment on account of the annual subsidy is to be made falls in a month other than April in a fiscal year, there shall be paid out of the Consolidated Revenue Fund, for the purpose referred to in that subsection, in each of the thirty-six fiscal years beginning with the fiscal year determined for that purpose in accordance with the agreement, on the dates set out in the agreement, an amount not exceeding
(a) in respect of both the first fiscal year and the thirty-sixth fiscal year, an aggregate sum of forty-two million, and
(b) in respect of each of the remaining fiscal years, an aggregate sum of forty-two million,
in 1992 dollars, adjusted, in accordance with the agreement, using the consumer price index.
No set-off of subsidy
8. Notwithstanding any other Act of Parliament, where the person to whom the annual subsidy is payable under an agreement, or any assignee of that person under the agreement or any other agreement entered into pursuant to the agreement, is indebted to Her Majesty in right of Canada, the amount of the indebtedness may not be retained by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty to that person or assignee on account of the annual subsidy.
9. The Minister of Transport may, with the approval of the Governor in Council, make regulations prescribing, or prescribing the manner of calculating, the tolls, fees or other charges in respect of the use of the crossing that may be imposed on or after the lease of land and other property referred to in section 6 terminates in accordance with the terms and conditions of the lease.
Coming Into Force
Coming into force
- 10. This Act shall come into force on a day to be fixed by order of the Governor in Council.
- (Note: Act in force September 2, 1993, see Si/93-185.)