Windsor-Detroit Bridge Authority governance update

Summary#

These are supplementary letters patent that update the original letters patent for the Windsor-Detroit Bridge Authority. They align its governing document with the Bridge to Strengthen Trade Act and changes to the International Bridges and Tunnels Act, and set how the authority is governed, what it can do, and how its assets and liabilities are handled. The changes took effect on June 12, 2017 and were published in the Canada Gazette on July 3, 2021.

What it does#

• Replaces the earlier Articles of incorporation for the Windsor-Detroit Bridge Authority with a new set of rules and definitions.
• Brings the letters patent into line with the Bridge to Strengthen Trade Act and related amendments to the International Bridges and Tunnels Act.
• Confirms the authority’s main object: to construct or operate the international crossing (the Bridge and related works) under the Crossing Agreement.
• Says the authority has the legal capacity of a person for purposes of building and running the crossing, but also lists specific limits on what it can do without higher approval.
• Restricts certain big transactions unless authorized by the Governor in Council, including:
  • creating or owning other corporations,
  • buying all or substantially all assets of another company,
  • selling all or substantially all of its own assets.
• Limits early activity: except for entering the Crossing Agreement, the authority cannot carry out Activities until a board with more than 1 member is appointed.
• Sets governance rules:
  • Board size between 1 and 9 members.
  • Directors appointed by the Minister of Transport with approval of the Governor in Council.
  • Director terms up to 4 years.
  • Chair and Chief Executive Officer appointed by the Governor in Council.
  • Procedures for meetings, voting, signatures and by-laws.
• Confirms practical details:
  • Registered office in Windsor, Ontario.
  • Authority may fix and charge tolls, fees or other charges for use of the Bridge.
  • The sole member of the authority is Canada.
  • On winding up, remaining assets revert to Canada, and Canada is not liable for the authority’s debts.

Who's affected#

• People who will use the new Windsor–Detroit crossing: drivers, commercial truckers, commuters and tourists (because the authority can set tolls).
• Businesses involved in building or operating the crossing: contractors, service providers, toll operators and border services partners.
• Local and provincial governments around Windsor and Detroit that interact with the project.
• The Windsor-Detroit Bridge Authority board, officers and staff, and federal officials who appoint or oversee them.
• The State of Michigan and its agencies involved via the Crossing Agreement.

Why it matters#

• It clarifies who runs the bridge project and how decisions get made. That affects how fast the project moves and how it is managed day to day.
• It gives the authority the explicit power to charge tolls, so users could pay to cross the bridge once it opens.
• It limits big corporate moves (like selling all assets or creating subsidiaries) without higher government approval, which matters for accountability and long-term control.
• It makes clear that any leftover assets go back to Canada and that Canada is not automatically on the hook for the authority’s debts — a key point for taxpayers and creditors.