Bill S-5 · 37th Parliament · Jean Chrétien
An Act to amend the Blue Water Bridge Authority Act
Government bill. Became law.
- IntroducedJan. 30, 2001
- Debated in principleFeb. 6, 2001
- Studied by a committeeDone
- Passed its first chamberMarch 11, 2001
- Passed the second chamberMay 4, 2001
- Became lawMay 9, 2001
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Jean ChrétienPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
88% of the text as introduced was changed or removed by the time it became law (1,492 words introduced, 324 passed).
substantial changeintent mostly kept
The bill replaced the Authority's detailed old rules on issuing bonds and trust agreements with a simplified borrowing regime that requires ministerial approval and adds a definition of borrowing. An assent date was added and the overall text was shortened while preserving the core purpose of limiting and overseeing borrowing.
- Replaced lengthy original bond issuance and trust agreement rules with shorter ministerial approval and borrowing definition.
Before: “(1) Subject to the approval of the Governor in Council or such other authority in Canada as the Governor in Council may designate and such authority in the United States as the appropriate authority in the United States prescribes, the Bridge Authority may issue bonds in Canada or the United States for the purpose of obtaining funds with which to perform any of its functions, including refunding, under this Act.”
After: “Approval by Ministers (2) Any borrowing transaction entered into by the Bridge Authority is subject to the approval of the Minister of Finance and the Minister of Transport.”
How precisely it is written
mixedChallenging the law: HardDisputing a charge: Moderate
The bill sets a clear numerical cap on total borrowings and states an absolute rule that the Crown is not liable. At the same time it makes every transaction subject to ministerial sign-off and leaves part of the definition of borrowing to future regulations.
Open to argument
“subject to the approval of the Minister of Finance and the Minister of Transport.”
Approval is a subjective standard that depends on ministerial opinion rather than objective criteria.“any transaction that is deemed to be a transaction to borrow money by regulations made under section 127 of the Financial Administration Act.”
It delegates the definition to external regulations, creating uncertainty until those are made.
Clear-cut
“the total principal amount of borrowings out- standing at any time does not exceed $125,000,000.”
Uses a specific numerical limit that can be calculated objectively.“Her Majesty is not liable for the payment of any amount owing under an obligation incurred or an instrument issued by the Bridge Authority.”
States a clear rule with no exceptions or conditions.
Discretion. Ministers of Finance and Transport hold unfettered discretion to approve or refuse any borrowing, and the precise scope of covered transactions is left to regulations under the Financial Administration Act.
Challenging the law itself. The provisions concern corporate borrowing powers of a bridge authority with no direct impact on Charter rights such as expression or liberty.
Disputing a charge under it. Whether approval was granted or the limit exceeded can be verified from records, but disputes may arise over what constitutes a deemed borrowing under regulations.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.