Detroit River International Crossing (DRIC) New International Trade Crossing (NITC) Briefing for the Transportation Border Working Group November 8, 2012 1 Windsor-Detroit Trade Corridor: Critical for Canada’s Economic Security • Canada’s Busiest Crossing – $126 billion of two-way surface trade – 28% of total Canada-U.S. trade – Over 220,000 jobs in the region depend on this border crossing – Consists of four crossings: Windsor-Detroit tunnel, Ambassador Bridge, truck ferry and Canadian Pacific Railway tunnel Ambassador Bridge carries a third of Canada-U.S. truck traffic -1- 2 Rationale for the Project • Corridor is facing capacity challenges • Inadequate direct highway access (through central Windsor) and customs facilities • New bridge a key priority for shippers and manufacturers • Only major Ontario-U.S. crossing without significant redundant capacity for truck traffic Commercial Traffic Bridge Crossing Windsor - Ambassador Sarnia - Blue Water Fort Erie - Peace Queenston / Lewiston Trucks per day US Entry (2011) Detroit 7164 Port Huron 3970 Buffalo 3433 Lewiston 1916 3 Project Location—Windsor-Detroit I-75 -4- 4 Canada pursuing a three-pronged strategy to advance the project policy legal financial • Negotiated a Crossing Agreement with Michigan for Canada to implement project • Continuing outreach and advocacy efforts in Michigan and Washington • Vigorously defending legal actions against DRIC • Developed a legal strategy to shield DRIC from existing and future legal challenges in Canada • Working with U.S. government to fund U.S. plaza • Committed $550 million to fund Michigan project components • Developing Business Case for P3 arrangement and project funding • Purchasing land and undertaking utility relocation 5 Policy: Canada-Michigan Crossing Agreement, June 2012 • Framework for each party’s roles and responsibilities • Project funded and delivered by Canada—no cost to Michigan – US responsible for its customs plaza • Buy America waiver to use only Canadian & American iron and steel • Requires U.S. Presidential permit to become effective in U.S. “an investment in the future of the North American economy” —Prime Minister Harper 6 Policy: Governance Structure State of Michigan (Governor) Michigan Strategic Fund Michigan DOT Government of Canada International Authority Windsor-Detroit Bridge Authority Concessionaire 7 Policy: Crossing Agreement • Windsor Detroit Bridge Authority responsible for management and procurement – Responsible for delivery of project on behalf of Canada and Michigan – Conducts procurement process and enters into contractual agreement with concessionaire – Oversees construction and manages operation of the crossing – Vehicle to flow Canada’s investment to project • Windsor-Detroit Bridge Authority created October 2012 – Approved by the Prime Minister – Canadian Crown corporation with 1 interim director – Complete Authority to be established in 2013 – 5 directors • International Authority reflects shared governance – 50/50 participation – 3 Canadian and 3 Michigan members (after Authority fully established) – Approves procurement process and final agreement 8 SECRET Legal: Bridge to Strengthen Trade Act • Introduced in October 2012 as part of the Budget Implementation Act II – Exempts DRIC construction from requiring certain permits, approvals or authorizations under a number of federal laws – Clarifies corporate governance issues and provides minor amendments to the International Bridges and Tunnels Act • Provides certainty to private sector bidders that the project will not be delayed or stopped by frivolous lawsuits on the Canadian side • DRIC must meet all obligations under relevant federal legislation pertaining to fisheries, species at risk and navigation • DRIC must comply with the commitments made in the federal environmental assessment report 9 Financial: Procurement Structure International Authority Michigan Canada Provides assistance as requested by the Crossing Authority Funding/Payments Canada Michigan Approvals/oversight as per the Crossing Agreement Windsor-Detroit Bridge Authority Canadian Port of Entry Bridge MI POE U.S. POE I-75 Interchange 10 Financial – Timelines • Budget 2007 confirmed Canada’s intention to pursue a P3 – To design, build, finance and operate new crossing system under long-term concession • DRIC received environmental approvals in both Canada & U.S. in 2009 • Windsor Essex Parkway construction underway, completion expected 2015 – Budget 2007 committed Canada to contribute up to 50% of eligible capital costs • Property acquisition and utility relocation – – Several industrial properties still to be acquired in Canada, utility relocation design beginning No properties have been acquired in the U.S., utilities also have to be relocated • Project business case being completed – Based on an investment grade traffic and revenue forecast; robust project cost estimates; and market soundings • Timelines once approvals obtained and pre-procurement work completed – 18 months for actual project procurement process (Request for Qualifications - Request for Proposals - financial close) 11 – Construction expected to take up to 5 years Financial: Procurement of U.S. port of entry Procured as part of the P3 package? Yes will be included in P3 GSA works with Transport Canada/Crossing Authority to determine specifications and funding Economies of scale No Independently procured by GSA Canada will require cross default provisions to ensure the delivery of the U.S. POE on a consistent timeline to avoid payment of penalties to concessionaire Integrated construction completion Canada requires a firm assurance from U.S. Government on construction and operating commitments, including staffing, and timeframes before proceeding with the project 12 Next Steps • Confirm U.S. commitment for funding and required approvals • Develop project business case – Complete U.S. due diligence – Seek approvals in Canada • Complete establishment Windsor-Detroit Bridge Authority • Establish International Authority • Continue with property acquisition and utility relocation design in Canada • Continue to manage legal risks – Vigorously defend legal and trade challenges – Passage of Bridge to Strengthen Trade Act 13