SOR/2009-1720091

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INTERNATIONAL BRIDGES AND TUNNELS ACTInternational Bridges and Tunnels RegulationsP.C.2009-11720091

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to sections 14 and 15 of the International Bridges and Tunnels Acta, hereby makes the annexed International Bridges and Tunnels Regulations.aS.C. 2007, c. 1Interpretation

1(1)The following definitions apply in these Regulations.Bridge Inspection Manual means the Bridge Inspection Manual — Bridge Engineering Highways and Bridges, published by the Department of Public Works and Government Services, the English version of which is dated March 2001 and the French version of which is dated October 2005. (Manuel d’inspection des structures)Canadian Highway Bridge Design Code means standard CAN/CSA-S6-06, Canadian Highway Bridge Design Code, November 2006, published by the Canadian Standards Association. (Code canadien sur le calcul des ponts routiers)detailed visual inspection means an element-by-element visual assessment (including hands-on inspection of fracture critical members) of the material defects, performance deficiencies and maintenance needs of an international bridge or tunnel. (inspection visuelle détaillée)engineer means the holder of a licence from the Ordre des ingénieurs du Québec or an association of professional engineers of a province of Canada or state of the United States. (ingénieur)Highway and Rail Transit Tunnel Inspection Manual means the Highway and Rail Transit Tunnel Inspection Manual (2005), published by the Federal Highway Administration and Federal Transit Administration of the United States Department of Transportation. (Highway and Rail Transit Tunnel Inspection Manual) Manual for Condition Evaluation of Bridges means the Manual for Condition Evaluation of Bridges, second edition, published by the American Association of State Highway and Transportation Officials, including its 2001 and 2003 revisions. (Manual for Condition Evaluation of Bridges)Manuel d’évaluation de la capacité portante des structures means the Manuel d’évaluation de la capacité portante des structures, December 2005, published by the ministère des Transports du Québec. (Manuel d’évaluation de la capacité portante des structures)Manuel d’inspection des structures — Évaluation des dommages means the Manuel d’inspection des structures — Évaluation des dommages, December 2004, published by the ministère des Transports du Québec, including its November 2005 update. (Manuel d’inspection des structures — Évaluation des dommages)Minister[Repealed, SOR/2012-33, s. 3]New York State Bridge Inspection Manual means the Bridge Inspection Manual — 1997, published by the Department of Transportation of the State of New York, including Addendum 1 dated April 1999 and Addendum 2 dated November 2001. (Bridge Inspection Manual de l’État de New York)Ontario Structure Inspection Manual means the Ontario Structure Inspection Manual (OSIM), October 2000, published by the Ministry of Transportation of Ontario, including its November 2003 and April 2008 revisions. (Ontario Structure Inspection Manual)underwater inspection means a visual or tactual inspection of the submerged structural elements of an international bridge, including a scouring inspection of the bridge. (inspection sous-marine)(2)In the event of an inconsistency between a provision of any material incorporated by reference into these Regulations and any other provision of these Regulations, that other provision shall prevail to the extent of the inconsistency.(3)For the purposes of interpreting a document incorporated by reference into these Regulations, “should” shall be read to mean “shall”.SOR/2012-33, s. 3

Application

2(1)These Regulations apply in respect of the international bridges and tunnels listed in the schedule.(2)These Regulations do not apply in respect of railway bridges and tunnels.

PART 1Maintenance and RepairInterpretation

3The following definitions apply in this Part.international bridge means a bridge, or any part of it, that connects any place in Canada to any place outside Canada, and includes approaches to the bridge but does not include facilities related to the bridge. (pont international)international tunnel means a tunnel, or any part of it, that connects any place in Canada to any place outside Canada, and includes approaches to the tunnel but does not include facilities related to the tunnel. (tunnel international)team leader means, in respect of the inspection of an international bridge or international tunnel, an engineer who conducts the inspection or who exercises supervisory functions over a person who conducts the inspection, and who has(a)in the case of a bridge, a minimum of five years of experience in the design, construction, repair, maintenance and inspection of bridges; and(b)in the case of a tunnel, a minimum of five years of experience in the design, construction, repair, maintenance and inspection of tunnels, including their installed electrical, communication, mechanical and plumbing systems, and a knowledge of the standards and codes applicable to the construction and operation of tunnels. (chef d’équipe)

Inspection

4(1)An owner of an international bridge shall ensure that a detailed visual inspection or an underwater inspection of the bridge is conducted in the manner set out in the(a)Bridge Inspection Manual;(b)Ontario Structure Inspection Manual;(c)Manuel d’inspection des structures — Évaluation des dommages;(d)Manual for Condition Evaluation of Bridges; or(e)New York State Bridge Inspection Manual.(2)An owner of an international tunnel shall ensure that a detailed visual inspection or an inspection of the electrical, communication, mechanical and plumbing systems of the tunnel is conducted in the manner set out in the Highway and Rail Transit Tunnel Inspection Manual.

Frequency of Inspections — International Bridges

5(1)An owner of an international bridge shall ensure that a detailed visual inspection of the bridge is conducted at least once every two years.(2)An owner of an international bridge shall ensure that an underwater inspection of the bridge is conducted at least once every five years.

Frequency of Inspections — International Tunnels

6(1)An owner of an international tunnel shall ensure that a detailed visual inspection of the tunnel is conducted at least once every year.(2)An owner of an international tunnel shall ensure that an inspection of the electrical, communication, mechanical and plumbing systems of the tunnel is conducted at least once every year.

Inspection by the Minister

7(1)The Minister may conduct an inspection of an international bridge or international tunnel after giving reasonable notice to the owner.(2)An owner of an international bridge or international tunnel shall allow the Minister access to the bridge or tunnel for inspection in accordance with the notice.

ReportsObligation to Report

8An owner of an international bridge or international tunnel shall submit to the Minister, for each inspection conducted under section 5 or 6, a report on the condition of the bridge or tunnel.

Contents of Report

9(1)An owner of an international bridge or international tunnel shall ensure that the report referred to in section 8 contains at least the following information:(a)the date of the inspection;(b)the names of the persons who conducted the inspection;(c)the elements of the international bridge or international tunnel that were inspected;(d)in the case of an international tunnel, a list of the electrical, communication, mechanical and plumbing systems that were inspected;(e)the utilities and their supports whose damage would have an impact on the safety of the international bridge or international tunnel;(f)recommendations in respect of maintenance and repair projects, including recommendations as to when such projects must be completed and a list of maintenance work to be carried out;(g)a list of inspections to be conducted following the inspection in respect of which the report is prepared, and a recommendation as to when those inspections must be completed;(h)the maintenance work, major repairs and other work completed since the previous inspection report; and(i)the special condition surveys, tests and other additional engineering investigations into the condition of the international bridge or international tunnel completed since the previous inspection report.(2)The owner shall ensure that the report is accompanied by a letter signed and sealed by two engineers, one of whom is the team leader, attesting to the correctness of the information in the report and providing a statement as to the overall condition of the structure.SOR/2012-33, s. 4(E)

Submission of Report

10The owner of an international bridge or international tunnel shall submit the report referred to in section 8 within one month after the day on which it is approved by the owner but not more than six months after the day on which the inspection is completed.

Additional Engineering Investigations

11An owner of an international bridge or international tunnel shall submit to the Minister a final report signed and sealed by two engineers, relating to a special condition survey, test or other additional engineering investigation conducted in respect of the bridge or tunnel, other than the evaluation referred to in section 12, within one month after the day on which the report is approved by the owner but not more than six months after the day on which the additional engineering investigation is completed.

Evaluation of the Load Carrying Capacity of an International Bridge

12An owner of an international bridge shall ensure that an evaluation of the bridge’s capacity to carry traffic loads is conducted in accordance with the requirements set out in the Canadian Highway Bridge Design Code, the Manual for Condition Evaluation of Bridges or the Manuel d’évaluation de la capacité portante des structures when any of the following occur:(a)observed or suspected defects, deterioration or damage that may affect load capacity;(b)an anticipated increase in actual or permitted traffic loading or in loading effect;(c)a change in road classification;(d)a review of the load limit that is posted;(e)an alteration to the bridge that may affect its live load carrying capacity;(f)an application for a permit to allow a vehicle not conforming to the load limit to cross the bridge; or(g)an unsatisfactory performance of the bridge in respect of serviceability or fatigue.

Load Carrying Capacity Evaluation Report

13(1)An owner of an international bridge shall submit to the Minister a report on an evaluation of the bridge’s capacity to carry traffic loads within 60 days after the day on which the evaluation is completed.(2)The owner of the international bridge shall ensure that the report is signed and sealed by two engineers.(3)[Repealed, SOR/2012-33, s. 5]SOR/2012-33, s. 5

PART 2Operations and UseReports

14(1)Subject to subsection (2), an owner of an international bridge or tunnel shall submit to the Minister at least once every two years a report related to the operation and use of the bridge or tunnel.(2)The owner of the international bridge or tunnel shall ensure(a)that the report covers a period starting at the end of the period covered by the previous report; and(b)that the report is submitted within 90 days after the end of the period covered by the report.(3)[Repealed, SOR/2012-33, s. 6]SOR/2012-33, s. 6

Contents of Report

15An owner of an international bridge or tunnel shall ensure that the report referred to in section 14 contains at least the following information:(a)the number of vehicles of the following types that pass over a point or segment of the international bridge or tunnel each month:(i)passenger cars,(ii)trucks, and(iii)buses and vehicles other than those referred to in subparagraphs (i) and (ii);(b)the types of vehicles that were permitted to use the international bridge or tunnel and the conditions or restrictions related to that use;(c)the tolls, fees or other charges applicable to users for the use of the international bridge or tunnel;(d)a brief description of all written complaints received in respect of the operation and use of the international bridge or tunnel; and(e)a description of the procedures that the owner has put in place to manage complaints from the public relating to the operation and use of the international bridge or tunnel.SOR/2012-33, s. 7

Changes and Closures

16The owner of an international bridge or tunnel shall inform the Minister, in writing, of any of the following events within 30 days of its occurrence:(a)a change in tolls, fees or other charges;(b)a change in the types of vehicles permitted to use the international bridge or tunnel and, in the case of a newly permitted type of vehicle, the conditions or restrictions under which that type of vehicle is permitted to use the bridge or tunnel;(c)a change in the conditions or restrictions under which a type of vehicle referred to in the most recent report is permitted to cross the international bridge or traverse the international tunnel;(d)a change in normal operating hours; and(e)the closure of the bridge or tunnel, or the closure of one of its lanes for a period of 48 hours or more.

Coming into Force

*17These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.*[Note: Regulations in force February 18, 2009.]

SCHEDULE(Subsection 2(1))ItemName and LocationNew Brunswick to Maine1Campobello — Lubec Bridge (Campobello, New Brunswick — Lubec, Maine)2Clair — Fort Kent Bridge (Clair, New Brunswick — Fort Kent, Maine)3Edmundston — Madawaska Bridge (Edmundston, New Brunswick — Madawaska, Maine)4Forest City Bridge (Forest City, New Brunswick — Forest City, Maine)4.1St. Croix River Bridge No. 2.5 (International) (St. Stephen, New Brunswick — Calais, Maine)5Thoroughfare International Bridge (Fosterville, New Brunswick — Orient, Maine)6Milltown Bridge (St. Stephen, New Brunswick — Calais, Maine)7St. Croix — Vanceboro Bridge (St. Croix, New Brunswick — Vanceboro, Maine)8St. Leonard — Van Buren Bridge (St. Leonard, New Brunswick — Van Buren, Maine)9St. Stephen — Calais Bridge (St. Stephen, New Brunswick — Calais, Maine)Ontario to the states of Michigan, Minnesota or New York10Ambassador Bridge (Windsor, Ontario — Detroit, Michigan)11Baudette — Rainy River Bridge (Rainy River, Ontario — Baudette, Minnesota)12Blue Water Bridge (Point Edward, Ontario — Port Huron, Michigan)13Fort Frances International Falls Bridge (Fort Frances, Ontario — International Falls, Minnesota)14International Rift Bridge (Hill Island, Ontario — Wellesley Island, New York)15Peace Bridge (Fort Erie, Ontario — Buffalo, New York)16Pigeon River Bridge (Pigeon River, Ontario — Grand Portage, Minnesota)17Prescott — Ogdensburg Bridge (Prescott, Ontario — Ogdensburg, New York)18Queenston — Lewiston Bridge (Queenston, Ontario — Lewiston, New York)19Rainbow Bridge (Niagara Falls, Ontario — Niagara Falls, New York)20Sault Ste. Marie International Bridge (Sault Ste. Marie, Ontario — Sault Ste. Marie, Michigan)21Three Nations Crossing Bridge (Cornwall, Ontario — Roosevelttown, New York)22Whirpool Rapids Bridge (Niagara Falls, Ontario — Niagara Falls, New York)23Windsor — Detroit Tunnel (Windsor, Ontario — Detroit, Michigan)Quebec to Vermont24Glen Sutton — East Richford Bridge (Glen Sutton, Quebec — East Richford, Vermont)SOR/2012-33, ss. 8, 9(F)AMENDMENTS NOT IN FORCE — SOR/2026-46, s. 2

2The schedule to the International Bridges and Tunnels Regulations2 is amended by adding the following after item 13:2SOR/2009-17ItemName and Location13.1Gordie Howe International Bridge (Windsor, Ontario — Detroit, Michigan)