EXTRA Vol. 138, No. 7

Canada Gazette

Part I

OTTAWA, MONDAY, JUNE 21, 2004

Toronto Port Authority Regulations

Statutory authority

Canada Marine Act

Sponsoring department

Department of Transport

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The proposed Toronto Port Authority Regulations are made pursuant to the Canada Marine Act (CMA), which establishes a framework for the management of Canada's major commercial ports. The Toronto Port Authority (TPA), established under the CMA, is a Canada Port Authority (CPA), and as such is responsible for decisions related to the operation of the port, including the Toronto City Centre Airport (TCCA). The operation of the TCCA is governed by a Tripartite Agreement made in 1983 (expiring in 2033) between the then Toronto Harbour Commissioners (now the TPA), the Government of Canada and the City of Toronto. The Tripartite Agreement of 1983 prohibited the construction of a fixed link between the City and the TCCA. The TPA is not an agent of the Crown in respect of its operation of the TCCA.

Since 1964, a ferry service has operated across the Western Gap of Toronto Harbour to facilitate the flow of passengers to and from the airport. In 1993, an Intergovernmental Steering Committee issued a report concluding, among other things, that a fixed link would assist in improving access for emergency response vehicles to the TCCA, although no serious incidents have been reported to date. In addition, the TPA has produced a business case in support of increased traffic and revenues as a result of constructing a fixed link. Since the time of the Steering Committee report, the TPA and its predecessor have worked towards obtaining the consent of the City of Toronto and the Minister of Transport to amend the Tripartite Agreement to allow the construction of a bridge.

In responding to the needs of the City of Toronto, as represented by Toronto City Council, the Government of Canada agreed, in 2003, to amend the Tripartite Agreement with the TPA and the City of Toronto, which allowed for the construction of a fixed link. At the time, Toronto City Council had voted in favour of the amendments to the Tripartite Agreement that would allow for the construction of the fixed link.

On December 3, 2003, following municipal elections, the newly elected Toronto City Council voted again on the fixed link issue and passed several motions in this regard, including a motion to reverse its support for the fixed link. Issues of traffic and noise were of concern to the City. Following the decision by Toronto City Council to reverse its support for the fixed link, the Government of Canada has consistently stated that it would respect the wishes of the City of Toronto regarding the fixed link issue.

The commitment of the Government of Canada to respect the wishes of the City of Toronto regarding the fixed link issue is consistent with the public policy objective of accounting for and responding to local interests. An objective of the CMA, as stated in section 4(f), is to "manage the marine infrastructure and services in a commercial manner that encourages, and takes into account, input from users and the community in which a port or harbour is located." The City of Toronto has clearly indicated to the Government of Canada that a fixed link from mainland Toronto to the TCCA is not consistent with local public interests.

The 30-day pre-publishing period in Part I of the Canada Gazette, which is required as part of this regulatory proposal, will seek the input of users and the local community.

The proposed Toronto Port Authority Regulations would be issued by the Governor in Council under the authority of paragraph 62(1)(b) of the CMA to provide that the TPA shall not use or authorize another person to use the port to build a bridge or similar fixed link between the mainland of the City of Toronto and the Toronto Island.

Alternatives

For the purposes of seeking public and third-party input as a requirement for proceeding in a manner that incorporates a majority of interests, no other alternatives were deemed to be effective.

Benefits and costs

The proposed Toronto Port Authority Regulations are consistent with the Government of Canada's objective of accounting for and responding to local interests. These Regulations respond to the needs of the people of Toronto and the City of Toronto, as represented by Toronto City Council, and remain consistent with the CMA.

There are potential costs to the TPA, the City of Toronto, affected third parties and the Government of Canada resulting from the enactment of the proposed Regulations. The total costs will be determined through deliberations undertaken with principal and third parties over the course of the 30-day consultation period.

Environmental impact

The proposed Regulations will have no impact on the environment.

Consultation

There have been no consultations to date with respect to this regulatory proposal. It is expected that the 30-day pre-publishing period in Part I of the Canada Gazette will elicit responses from the TPA, the City of Toronto and affected third parties, in particular, as well as feedback from citizens of Toronto, other users of the Port of Toronto and other CPAs, in general. It is anticipated that the consultation process will address potential alternatives to the fixed link, which would include the requirement for appropriate access for emergency vehicles to the TCCA.

Compliance and enforcement

Section 127 of the Canada Marine Act provides that a person who contravenes a provision of the Act, other than section 107, or the regulations for which no penalty is otherwise provided under the CMA or under regulations made under paragraph 27(1)(a) is guilty of an offence and liable to a fine of not more than $5,000 in the case of an individual, and of not more than $50,000 in the case of a corporation.

Contact

Mr. Emile Di Sanza, Director General, Marine Policy, Place de Ville, Tower C, 25th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 991-3536 (telephone), (613) 998-1845 (facsimile), disanze@tc.gc.ca (electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraph 62(1)(b) of the Canada Marine Act (see footnote a), proposes to make the annexed Toronto Port Authority Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to Emile Di Sanza, Director General, Marine Policy, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (General inquiries - tel.: (613) 991-3536; fax: (613) 998-1845; Internet address: http://www. tc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, June 19, 2004

EILEEN BOYD
Assistant Clerk of the Privy Council

TORONTO PORT AUTHORITY REGULATIONS

PROHIBITION

1. The Toronto Port Authority shall not use or authorize another person to use the port to build a bridge or similar fixed link between the mainland of the City of Toronto and Toronto Island.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

Footnote a
S.C. 1998, c. 10

NOTICE:
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