BILL 6

An Act to Amend the Highway Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Section 1 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended in paragraph (b) of the definition "right-of-way'' by striking out "subsection 6(6) of''.

2Subsection 2(2) of the Act is repealed and the following is substituted:

2(2)Without limiting the generality of subsection (1), the Minister may authorize, in writing, persons to execute agreements and contracts incidental to the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, highways and ferries, as the case may be, and such agreements and contracts when so executed bind the Crown.

3Section 3 of the Act is repealed and the following is substituted:

3The Minister shall have the general supervision of the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, highways and ferries, as the case may be, except those highways prescribed under section 186 of the Municipalities Act and those highways under the administration and control of the New Brunswick Highway Corporation or a project company, and shall have general supervision of all public money allotted for such work.

4Subsection 5(1) of the Act is repealed and the following is substituted:

5(1)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into and amend from time to time agreements and contracts with Canada or any person respecting the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, a highway or a ferry, as the case may be.

5The Act is amended by adding after section 34 the following:

34.1(1)Upon application and upon payment of any fee prescribed by regulation, the Minister may issue a permit in such form and subject to such terms and conditions as the Minister may determine, authorizing a person to operate a motor vehicle or cause a motor vehicle to be operated on a highway or portion of a highway that is closed under subsection 34(1).

34.1(2)Subsection 34(3) does not apply to a person operating a motor vehicle or causing a motor vehicle to be operated on a highway closed by the Minister if the person is acting under, and in accordance with the terms and conditions of, a valid and subsisting permit issued or renewed under this section.

34.1(3)The Minister, in the Minister's discretion, may cancel or suspend a permit issued or renewed under this section and may reinstate a suspended permit subject to such terms and conditions as the Minister may determine.

34.1(4)Upon payment of any fee prescribed by regulation, the Minister may amend or renew a permit issued under subsection (1), subject to such terms and conditions as the Minister may determine.

6Section 40 of the Act is repealed and the following is substituted:

40No compensation shall be paid under section 24 where the lands affected by an order made under section 38 abut a portion of a highway in which the soil and freehold is vested in Her Majesty in right of the Province or the New Brunswick Highway Corporation.

7Section 45 of the Act is amended by adding after subsection (3) the following:

45(4)If a highway to which subsection (1), (2) or (3) relates is under the administration and control of the New Brunswick Highway Corporation or a project company, the New Brunswick Highway Corporation shall have the power and authority of the Minister under that subsection or those subsections, as the case may be, in relation to that highway and that subsection or those subsections, as the case may be, apply with the necessary modifications.

8Subsection 67(1) of the Act is amended by adding after paragraph (c.2) the following:

(c.21)prescribing fees payable for the issuance, amendment or renewal of permits referred to in section 34.1;

EXPLANATORY NOTES

Section 1

A definition is amended. The existing provision is as follows:

"right-of-way'' means those portions of land that are...

(b)the subject of a usage agreement, a highway usage permit, or a lease or licence granted under subsection 6(6) of the New Brunswick Highway Corporation Act or under subsection 5(2);

Section 2

The existing provision is as follows:

2(2)Without limiting the generality of subsection (1), the Minister may authorize, in writing, persons to execute agreements and contracts incidental to the acquisition, design, financing, refinancing, development, construction, improvement, operation, leasing, licensing, maintenance, repair, replacement, alteration or extension of highways and ferries, as the case may be, and such agreements and contracts when so executed bind the Crown.

Section 3

The existing provision is as follows:

3The Minister shall have the general supervision of the acquisition, design, financing, refinancing, development, construction, improvement, operation, leasing, licensing, maintenance, repair, replacement, alteration or extension of highways and ferries, as the case may be, except those highways prescribed under section 186 of the Municipalities Act and those highways under the administration and control of the New Brunswick Highway Corporation or a project company, and shall have general supervision of all public money allotted for such work.

Section 4

The existing provision is as follows:

5(1)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into and amend from time to time agreements and contracts with Canada or any person respecting the acquisition, design, financing, refinancing, development, construction, improvement, operation, leasing, licensing, maintenance, repair, replacement, alteration or extension of a highway or a ferry, as the case may be.

Section 5

Provisions are added in relation to the issuance, cancellation, suspension, reinstatement, amendment or renewal of permits authorizing persons to operate a motor vehicle or cause a motor vehicle to be operated on a highway that has been closed by the Minister.

Section 6

The existing provision is as follows:

40No compensation shall be paid under section 24 where the lands affected by an order made under section 38 abut a portion of a highway in which the soil and freehold is vested in Her Majesty in right of the Province.

Section 7

A provision is added in relation to the power and authority of the New Brunswick Highway Corporation respecting a highway under the administration and control of the Corporation or a project company.

Section 8

Regulation-making authority is added as a consequential amendment to the amendment made in section 5 of this amending Act.


Last Modified: 11:36am , November 26, 1997