Bill C-530

1st Session, 41st Parliament,

60-61-62 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-530

An Act to establish the Trent-Severn Water Authority

Whereas the Trent-Severn Waterway has been designated as a National Historic Site of Canada and includes a series of lakes, rivers and canals that extends from Lake Ontario to Georgian Bay in central Ontario;

Whereas this navigable waterway is fed by 41 reservoir lakes in two large watersheds, and includes 44 locks and approximately 160 dams and water control structures;

Whereas over its 175 years of history the waterway has evolved to become a major recreational and commercial route and its historical, cultural and natural elements require protection and enhancement for the benefit of future generations;

Whereas the Trent-Severn Waterway supports the economies of nearly 50 communities along its shores and more than 50 additional communities throughout its watersheds, and the livelihoods and lifestyles of residents of these communities depend on its effective management;

Whereas the waterway provides drinking water and flood control for hundreds of thousands of people who live in the region;

Whereas significant economic activity from cottages, recreational fisheries, hydroelectric generation, boating and tourism depend on the integrity of the waterway;

Whereas a growing population in the Greater Toronto Area has led to increased development along the shorelines of the waterway as well as an increase in the numbers of people choosing to live along its shores throughout the year, resulting in an increase in the demand for water that may lead to a deterioration in water quality;

Whereas the Government of Canada owns most of the waterway’s physical infrastructure, including dams and locks, and maintaining the infrastructure is critical for public safety as its failure could have catastrophic effects on adjacent communities;

Whereas the century-old infrastructure of the waterway is deteriorating because of its age and requires maintenance and recapitalization that must be undertaken over the next 15 to 20 years and the current level of federal investment is not adequate to cover the required maintenance and repairs;

Whereas different aspects of the waterway are under the jurisdiction of many different federal, provincial, municipal and First Nations author- ities and the interplay amongst various stakeholders working with different goals and interests leads to a fragmented approach to management of the waterway’s functions;

Whereas the complexity of multiple and competing interests in the waterway calls for a consolidation of all aspects of waterway governance in a single dedicated authority that is able to balance these diverse interests and make sound recommendations in the public interest to regulators;

And whereas it is in the public interest that water management services continue to be fully paid for by the Government of Canada and that navigation and visitor services be paid for out of fees collected for the use of the waterway;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Trent-Severn Water Authority Act.

INTERPRETATION

2. The following definitions apply in this Act.

“fees” includes harbour dues, berthage and wharfage, as well as duties, tolls, rates and other charges, but does not include payments made under a lease or licence agreement.

“Minister” means the Minister of Transport, Infrastructure and Communities.

“prescribed” means prescribed by regulations made under this Act.

“Superintendent” means the Superintendent of the Trent-Severn Water Authority appointed under subsection 11(1).

“Trent-Severn Waterway” or “Waterway” means the series of connected lakes, rivers, canals and other bodies of water extending from Lake Ontario to Georgian Bay that lie within the watersheds of the Trent River and the Severn River, including dams, locks and other ancillary or incidental works.

“TSWA” means the Trent-Severn Water Authority established under section 4.

ABORIGINAL RIGHTS

3. For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from the application of section 35 of the Constitution Act, 1982 to existing aboriginal or treaty rights of the aboriginal peoples of Canada.

TRENT-SEVERN WATER AUTHORITY

4. There is established a body corporate called the Trent-Severn Water Authority.

MANDATE AND DUTIES

5. (1) The mandate of the TSWA is to

(a) manage, construct, assess, maintain, repair and, as necessary, replace the physical infrastructure of the Waterway with a view to ensuring public safety and public health;

(b) foster the economic value of and business opportunities offered by the Waterway, including opportunities related to tourism; and

(c) maintain, conserve and enhance the natural environment and the cultural heritage of the Waterway.

(2) In carrying out its mandate under subsection (1), the TSWA is to

(a) collect data and undertake research and analysis in order to further understanding of the issues and options available in respect of the management of the Waterway;

(b) consult with persons with relevant expertise, including members of the local business community and the public at large;

(c) develop and implement policy relating to water levels along the Waterway;

(d) establish and collect tolls or fees for use of the Waterway;

(e) manage the construction, assessment, maintenance, repair and replacement of the physical infrastructure of the Waterway that is the property of the Government of Canada;

(f) identify opportunities to increase the number of visitors to the Waterway and improve the quality of their experience;

(g) maintain a focus on the protection and enhancement of the natural environment and cultural heritage of the Waterway;

(h) make recommendations to other levels of government with respect to aspects of waterway management that fall within their jurisdiction;

(i) assist, cooperate with and enlist the aid of organizations that have purposes similar to any of the purposes of the TSWA; and

(j) communicate information, findings, reports and recommendations related to the Waterway to governments and authorities and to members of the public that request them.

POWERS AND CAPACITY

6. (1) For the purpose of carrying out its mandate, the TSWA has the capacity, rights, powers and privileges of a natural person.

(2) Without limiting the generality of subsection (1), the TSWA may

(a) direct the assessment, construction, maintenance, repair and replacement of all physical infrastructure of the Waterway and associated works;

(b) initiate, finance and administer policies, programs and activities related to its mandate;

(c) subject to the approval of the Minister and the Minister of Finance, acquire real or personal property, including securities, and hold, manage or dispose of them as the TSWA may determine;

(d) subject to the approval of the Minister and the Minister of Finance, acquire by gift, bequest or devise real and personal property and, despite anything in this Act, hold, administer, expend, invest or dispose of that property, subject to any terms, if any, on which it is given, bequeathed or otherwise made available to the TSWA;

(e) borrow money, including by means of the issuance, sale and pledge of bonds, debentures, notes or other evidence of indebtedness;

(f) construct and operate restaurants, hotels, parking facilities, shops and other facilities for the use of the public, and lease or otherwise make available any such facilities on such terms and conditions as the TSWA sees fit;

(g) lease real or personal property from any person for the purposes of the Waterway;

(h) expend any money provided by Parliament or any other sources for the activities of the TSWA, subject to any terms on which it is provided;

(i) undertake, support, publish and disseminate research studies, reports, recommendations and other documents on its own initiative or at the request of the Minister;

(j) initiate, sponsor and support meetings, seminars and conferences;

(k) investigate and assist in the resolution of conflicting claims regarding the ownership and use of shoreline property; and

(l) undertake any other activities that are conducive to the fulfilment of its purpose and the exercise of its powers.

(3) The TSWA is for all its purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty.

(4) The TSWA may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in its own name.

(5) Any property acquired by the TSWA is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the TSWA.

(6) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the TSWA on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the TSWA in the name of the TSWA in any court that would have jurisdiction if the TSWA were not an agent of Her Majesty.

ORGANIZATION

7. The management of the TSWA is to be carried out by the Superintendent under the direction of a board of directors comprised of 15 members, including a chairperson and a vice-chairperson.

8. (1) The board of directors is to include the following members:

(a) three members appointed by the Governor in Council on the nomination of the Minister;

(b) three members appointed by the Lieuten- ant Governor in Council of Ontario;

(c) three members appointed by prescribed municipalities, in the manner specified in the regulations;

(d) three members appointed by representatives of the business community, in the manner specified in the regulations;

(e) one member appointed by the First Nations referred to in the regulations, in the manner specified in those regulations;

(f) one member appointed by the employees of the TSWA, in the manner specified in the regulations; and

(g) one member appointed by the Governor in Council in consultation with Waterway property owners associations.

(2) If a position referred to in paragraphs (1)(b) to (f) has been vacant for more than one year, the Governor in Council may appoint a person nominated by the Minister to that position.

9. (1) Each member holds office for a term not exceeding five years, but may be removed for cause by the Governor in Council.

(2) A member is eligible to be reappointed on the expiry of a first or subsequent term of office, but is not to serve more than two terms consecutively.

10. The members of the board of directors are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council and reasonable travel and living expenses incurred in the course of their duties while absent from their ordinary place of work.

11. (1) The board of directors must, after consulting with the Minister, appoint a Superintendent of the TSWA on the basis of merit, taking into account any relevant experience.

(2) The Superintendent is, on behalf of the board of directors, responsible for the direction and management of the business and day-to-day operations of the TSWA and has authority to act in all matters that are not, under the by-laws or by resolution of the board, specifically reserved to be done by the chairperson of the board or the board itself.

(3) The Superintendent is entitled to be paid for his or her services the remuneration and allowances fixed by the Governor in Council and reasonable travel and living expenses incurred in the course of his or her duties while absent from their ordinary place of work.

(4) The Superintendent is to hold office for the term that the board of directors deems appropriate and may be removed by the board for cause.

(5) The Superintendent is not a member of the board of directors.

(6) If the Superintendent is absent or incapacitated or if the office of Superintendent is vacant, the chairperson of the board of directors may designate any qualified person to exercise the powers and perform the duties and functions of the Superintendent during the absence, incapacity or vacancy, but no person is to be so designated for a period exceeding 90 days without the approval of the board of directors.

12. The TSWA may employ such officers and employees and such technical and professional advisers as it considers necessary for the proper conduct of its activities, at such remuneration and on such other terms and conditions as it deems fit.

13. The head office of the TSWA is to be located in Peterborough, Ontario.

14. The board of directors may, subject to the approval of the Minister, make by-laws for the TSWA to regulate its proceedings and generally for the conduct and management of its activities.

FINANCIAL MATTERS

15. (1) All navigation and visitor services provided by the TSWA are to be paid out of revenues generated by the TSWA from related user fees, such as lock pass revenues, and from sales of merchandise and advertising.

(2) The Government of Canada is to pay all expenses related to the provision of water management services, which services shall be provided by the TSWA on a fee-for-service basis.

16. (1) The TSWA must establish and maintain a capital account to provide funding for infrastructure repair and replacement.

(2) In the fiscal year in which this Act comes into force, and in each of the following nine fiscal years, the Government of Canada must contribute $25 million to the capital account.

(3) All revenues of the TSWA that are not derived from providing navigation and visitor services, such as those revenues derived from land leases and the generation of hydroelectric power, are to be credited to the capital account.

17. (1) In order to fund major projects relating to infrastructure repair or replacement, the TSWA may borrow up to an aggregate of $200 million provided that it does not enter into any agreement to borrow more than $10 million without the approval in writing of the Minister of Finance.

(2) Any debt assumed by the TSWA under subsection (1) is to be paid by the TSWA out of the capital account referred to in section 16.

18. (1) For the purpose of enabling the TSWA to carry on its operations under this Act, the Governor in Council may authorize the Minister of Finance, on such terms and conditions as may be agreed on, to make loans to the TSWA and to guarantee the repayment of loans, and the interest payable on such loans, made by any bank to the TSWA.

(2) The aggregate outstanding at any time of the amounts lent by the Minister of Finance under this section is not to exceed $50 million.

19. The Minister may, with the approval of the Governor in Council, enter into an agreement — on behalf of the Government of Canada — with the TSWA providing for the sharing of costs, generation of revenue and such other matters as may be agreed on by the Minister and the TSWA.

AUDIT

20. The Auditor General of Canada must audit the TSWA’s accounts and financial transactions on an annual basis and report to the TSWA the results of the audit.

TOLLS AND DUES

21. (1) The Governor in Council may impose and authorize the collection of tolls and dues for the use of any canal that is part of the Waterway and provide exemptions from such tolls and dues.

(2) The tolls and dues imposed under subsection (1) in respect of the use of a canal are payable before the canal may be used.

(3) All tolls and dues imposed under this Act may be recovered, with costs, in any court of competent jurisdiction by the collector or person appointed to receive them, in the name of the collector or of that person or in the name of Her Majesty, and by any form of proceeding by which debts to the Crown are recoverable.

(4) The goods on board any vessel, raft or other craft, to whomever they belong, are liable for any fines, tolls or dues imposed under this Act and may be seized, detained and sold in the same manner as the vessel, raft or other craft in which they are situated as if they belonged to the person required to pay the fines, tolls or dues.

(5) For greater certainty, subsection (4) is not to be construed so as to prevent the rightful owner of the goods from seeking and obtaining a legal remedy in respect of those goods against the person referred to in that subsection.

22. If any tolls, dues or other revenues under this Act are collected on behalf of the TSWA by persons who are not TSWA employees, these persons are to pay the amounts collected to the TSWA in the manner and at the intervals, not exceeding one month, determined by the TSWA.

COMMITTEES

23. (1) The TSWA must, in accordance with subsections 24(2) and (3) and the regulations, establish a shoreline dispute resolution committee to address disputes related to the ownership and use of shoreline property along the Waterway.

(2) On application by any person involved in a dispute referred to in subsection (1), the committee must, in accordance with the regulations, investigate and make all reasonable efforts to find a resolution to the dispute.

(3) In the case of a shoreline dispute that involves competing property rights claims between a government and an individual and in which there is no clear legal basis for determining which claim should prevail, the committee must resolve the dispute in favour of the individual.

24. (1) The TSWA may, in accordance with the regulations, establish such other committees as it considers necessary to assist the TSWA in carrying out its mandate under this Act, including committees to examine and make recommendations to the TSWA in respect of promotion and marketing initiatives, water management practices, hydroelectric development, fish and wildlife protection and environmental and cultural heritage preservation.

(2) The composition of each committee and the duties and tenure of the members must be determined by the TSWA, taking into consideration the need for significant representation from stakeholders’ groups.

(3) A member of the board of directors is to serve as the chairperson of each committee.

REGULATIONS

25. (1) The Governor in Council may, in consultation with the TSWA, make regulations for carrying out the purposes and provisions of this Act, and, without limiting the generality of the foregoing, in respect of

(a) the management, maintenance, proper use and protection of the water, canals or other works of the Waterway that are under the management, charge and direction or the control of the Minister;

(b) the amounts and collection of fees, charges, tolls and dues;

(c) the establishment of committees;

(d) fines to be imposed for any contravention of any provision of this Act or of a regulation made under this section;

(e) the non-passing or detention and seizure — at the risk of the owner — of any vessel, raft or other craft or of goods

(i) on which tolls or dues have accrued and have not been paid,

(ii) in respect of which a regulation has otherwise been contravened or any injury has been done to a canal and not paid for, or

(iii) for or on account of which a fine remains unpaid; and

(f) the sale of anything detained or seized under a regulation pursuant to paragraph (e) if the tolls, dues, damages or fine are not paid within the prescribed time limit, and the payment of the amounts due out of the proceeds of the sale.

(2) The surplus proceeds, if any, of a sale referred to in paragraph (1)(f) are to be returned to the owner or the owner’s agent.

(3) For greater certainty, no regulation made under this section impairs the right of the Crown to recover in the ordinary course of law unpaid tolls, dues, fines or damages.

REPORTS

26. (1) Every 10 years after this Act comes into force, the TSWA must submit a Waterway management plan to the Minister for review.

(2) Within 60 days after the end of each fiscal year, the TSWA must submit a report to the Minister of all its activities for that fiscal year, including its financial statements and a copy of the Auditor General’s annual report referred to in section 20.

(3) The Minister must table the TSWA’s report in both Houses of Parliament within the first 60 sitting days of each House after he or she receives the report.

TRANSFER

27. The management and control of the federal assets forming the Waterway, including those assets managed by the Parks Canada Agency, all waterway infrastructure and all ancillary or incidental works, such as dams and locks, are transferred to the TSWA.

ASSIGNMENT OF POWERS

28. The powers, duties and functions of the Minister of the Environment referred to in subsection 4(1) of the Parks Canada Agency Act as they relate to the Waterway are assigned to the TSWA.

NON-APPLICATION OF REGULATIONS

29. The Canal Regulations and the Historic Canal Regulations do not apply in respect of the Waterway.

COMING INTO FORCE

30. This Act comes into force on a day or days to be fixed by order of the Governor in Council.