BILL 7

An Act to Amend the New Brunswick Highway Corporation Act

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

1Section 1 of the New Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New Brunswick, 1995, is amended

(a)in subsection (1)

(i)by repealing the definition "highway usage permit'' and substituting the following:

"highway usage permit'' means a highway usage permit issued under this Act by the Corporation or a delegate or a sub-delegate of the Corporation;

(ii)by repealing the definition "project company'' and substituting the following:

"project company'' means a person designated by the Corporation as a project company in an agreement referred to in subsection 6(3);

(b)by repealing subsection (2) and substituting the following:

1(2)Toll highways, lands that are the subject of a usage agreement, a highway usage permit, or a lease or licence granted under subsection 6(6), all other lands acquired by the Corporation and all highways that are, in whole or in part, the subject of an agreement between the Corporation and a project company shall be deemed, for the purposes of this Act, all other Acts of the Legislature and the regulations under any of them, to be a highway unless the context indicates otherwise and, subject to subsection (3), shall be deemed to be under the administration and control of the Corporation.

2Section 5 of the Act is repealed and the following is substituted:

5The objects and purposes of the Corporation are

(a)to acquire, hold, own, use, lease, license, sell, dispose of or otherwise deal with lands,

(b)to acquire, hold, own, use, lease, license, sell, plan, design, finance, refinance, develop, construct, improve, operate, manage, maintain, repair, replace, alter, extend, expand, rehabilitate, dispose of or otherwise deal with

(i)highways, the administration and control of which are given to the Corporation by the Minister of Transportation with the approval of the Lieutenant-Governor in Council, and

(ii)systems of toll collection in relation to such highways,

(c)on the direction of the Lieutenant-Governor in Council,

(i)to acquire, hold, own, use, lease, license, sell, dispose of or otherwise deal with lands, and

(ii)to acquire, hold, own, use, lease, license, sell, plan, design, finance, refinance, develop, construct, improve, operate, manage, maintain, repair, replace, alter, extend, expand, rehabilitate, dispose of or otherwise deal with highways, and systems of toll collection in relation to highways, that are under the administration and control of the Corporation, and

(d)to carry out such other activities or duties as may be authorized or required by this Act or the regulations or as the Lieutenant-Governor in Council may direct.

3Section 6 of the Act is amended

(a)by repealing paragraph (2)(a) and substituting the following:

(a)with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of lands or highways,

(b)by repealing subsection (3) and substituting the following:

6(3)The Corporation may, in an agreement, designate a party to the agreement as a project company and that party shall be a project company for all or any purposes of this Act, any other Act of the Legislature or any regulation under any such Act, subject to the limitations, terms, conditions and requirements set out in the agreement.

(c)by repealing subsection (4) and substituting the following:

6(4)If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or a regulation under it in relation to a highway and the highway is the subject of an agreement that is made between the Corporation and a project company and that is approved by the Lieutenant-Governor in Council, that power, authority, right, duty or responsibility, whether given directly or by adoption, may be delegated in the agreement and the Corporation may, in the agreement,

(a)establish the manner in which the delegate may be directed to exercise the delegated matter,

(b)subject the delegate to any limitations, terms, conditions and requirements that are set out in the agreement, and

(c)authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.

(d)by adding after subsection (4) the following:

6(4.1)Where any of the powers of the Corporation that are referred to in paragraph (2)(b) or (c) are delegated or sub-delegated in an agreement referred to in subsection (4), the approval given by the Lieutenant-Governor in Council to the agreement shall be deemed to constitute any approval that the Corporation might have required, and any approval that the delegate or sub-delegate might require, under either of those paragraphs by the Lieutenant-Governor in Council in order for the delegate or sub-delegate to exercise the delegated power or any matters incidental to its exercise.

(e)by repealing subsection (5).

4Section 6.1 of the Act is repealed and the following is substituted:

6.1(1)In this section

``losses'' includes damages, losses, disbursements, costs, fees, charges and other expenses incurred directly or indirectly in relation to damage to a highway.

6.1(2)The Corporation may, in its own name, institute, maintain, have carriage of and settle any action or other proceeding to

(a)recover any losses incurred in relation to damage to any highway, or

(b)enforce its powers, authority and rights and enable it to carry out its duties and responsibilities respecting any highway.

6.1(3)Where an agreement made between the Corporation and a project company and relating to a highway so provides, the project company may, in its own name, institute, maintain, have carriage of and settle any action or other proceeding to

(a)recover any losses incurred in relation to damage to the highway, or

(b)enforce its powers, authority and rights and enable it to carry out its duties and responsibilities respecting the highway.

6.1(4)Where an agreement made between a project company and a person and relating to a highway so provides, the person may, in the person's name, institute, maintain, have carriage of and settle any action or other proceeding to

(a)recover any losses incurred in relation to damage to the highway, or

(b)enforce the person's powers, authority and rights and enable the person to carry out his or her duties and responsibilities respecting the highway.

5Section 6.2 of the Act is amended by adding after subsection (5) the following:

6.2(6)All tolls and fees, charges and interest in relation to tolls, and all fees, payments, rents, charges, interest and other revenue in relation to usage agreements, highway usage permits, leases, licences, other permits or other rights, privileges, permissions, consents or like matters that are collected or collectable in relation to a highway by a person with whom a project company has made an agreement or by a delegate of such a person are the property of and are owned by the project company.

6Section 7 of the Act is repealed and the following is substituted:

7(1)Subject to subsection (2), the Corporation has the general supervision of the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, devel-opment, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion, rehabilitation or disposition of, or other dealings with, highways, or systems of toll collection in relation to highways, under its administration and control and shall carry out the responsibility in conformity with the standards established by the Minister of Transportation or as otherwise approved by the Lieutenant-Governor in Council.

7(2)A project company shall have the general supervision of any acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion, rehabilitation or disposition of, or other dealings with, a highway, or a system of toll collection in relation to a highway, to the extent that it may be given the responsibility in an agreement with the Corporation, and the project company and any other person acting under the authority of an agreement made with the project company and approved by the Corporation shall carry out the responsibility in conformity with the standards established by the Minister of Transportation or as otherwise approved by the Lieutenant-Governor in Council.

7Section 9 of the Act is amended

(a)by adding before subsection (1) the following:

9(0.1)In this section

"registered owner'' means a registered owner as defined in the Motor Vehicle Act.

(b)by repealing subsection (3) and substituting the following:

9(3)If a toll has been established under this Act for access to, passage over or operation on a toll highway by a class of vehicle or a class of operator, no person shall gain access to or pass over that toll highway by vehicle or operate a vehicle on that toll highway without paying the applicable toll in accordance with this Act and the regulations.

(c)by adding after subsection (3) the following:

9(4)If a vehicle gains access to, passes over or is operated on a toll highway in violation of subsection (3), the registered owner of the vehicle shall, in the absence of evidence to the contrary, be deemed to have been the operator of the vehicle and shall be guilty of the violation.

9(5)Subsections (3) and (4) do not apply to the operator or the registered owner of a vehicle if

(a)the operator or the registered owner of the vehicle has made an agreement

(i)with a person who operates the system of toll collection on the toll highway under the authority of a written agreement with a project company, and

(ii)authorizing the operation of that vehicle on that toll highway without immediate payment of the toll, and

(b)the vehicle gains access to, passes over and is operated on the highway, and payment of the toll is made, in accordance with the agreement.

9(6)The registered owner of a vehicle that is the subject of an agreement referred to in paragraph (5)(a) shall pay any toll payable under the agreement in accordance with the terms of the agreement.

9(7)If a vehicle or a class of vehicles is required by regulation to be equipped or operated with, carry or otherwise have and use a transponder or other toll device, no person shall gain access to or pass over a toll highway with such a vehicle or operate such a vehicle on a toll highway, unless the vehicle is equipped or operated with, carries or otherwise has or uses a transponder or other toll device in accordance

(a)with the regulations, and

(b)if required by the regulations, with any agreement made between that person and a person who operates the system of toll collection on the toll highway.

9(8)The Registrar of Motor Vehicles under the Motor Vehicle Act may disclose to the Corporation, a project company or a delegate or sub-delegate of a project company any information to which the Registrar has access and that is prescribed for the purposes of this subsection by regulation, if satisfied that the Corporation, project company, delegate or sub-delegate reasonably requires the information for a purpose set out in subsection (9).

9(9)A person to whom information is disclosed under subsection (8) shall use and shall disclose the information only in accordance with this Act and the regulations and only

(a)for the purposes of the enforcement of the collection of tolls and fees, charges and interest in relation to tolls under this Act, or

(b)for the purposes prescribed by regulation for the purposes of this subsection.

9(10)The disclosure of information in accordance with subsection (8) or (9) shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality or privacy.

8Section 10.1 of the Act is amended

(a)by repealing subsection (2) and substituting the following:

10.1(2)Subject to subsection 6(4) and sections 10 and 38.1, if a conflict exists between this section or a regulation made in relation to it, and any other provision of this Act, or another Act of the Legislature, whether public or private, or any order, regulation, contract, agreement or usage agreement made under this or any other Act, this section and the regulations made in relation to it prevail.

(b)by repealing subsection (3) and substituting the following:

10.1(3)Subject to subsection 6(4) and sections 10 and 38.1, the Corporation has the exclusive right to determine what, if any, use may be made of any highway or the land on, under or over which a highway is situated and may, by regulation, establish fees payable for any right to use such land or any highway.

(c)by adding after subsection (4) the following:

10.1(4.1)Her Majesty in right of the Province may assign to the Corporation or a project company Her Majesty's powers, authority and rights under a usage agreement.

10.1(4.2)The Corporation may assign to a project company its powers, authority and rights under a usage agreement.

10.1(4.3)Where a project company is an assignee under subsection (4.1) or (4.2), it shall have all of the powers, authority, rights, duties and responsibilities of the Corporation under this section and this section applies to that project company, with the necessary modifications, as if it were the Corporation or Her Majesty in right of the Province, as the case may be, subject to any limitations, terms, conditions and requirements set out in the assignment.

(d)in paragraph (20)(c) by striking out "subsections 6(4) and (5)'' and substituting "subsection 6(4) and section 10''.

9Section 11 of the Act is amended in the portion preceding paragraph (a) by striking out "sections 40, 45 and 64'' and substituting "section 64''.

10Subsection 11.1(4) of the Act is repealed and the following is substituted:

11.1(4)A project company closing a highway under this section shall close only that portion of the highway, and only for the period of time, reasonably necessary, solely for the purpose of undertaking the development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of the highway, or in an emergency situation, in accordance with the agreement between the project company and the Corporation.

11The Act is amended by adding after section 11.1 the following:

Enforcement

11.2(1)In this section

"commercial vehicle inspector'' means a person designated by the Minister of Transportation as a commercial vehicle inspector under paragraph 14(e) of the Highway Act.

11.2(2)A commercial vehicle inspector who reasonably believes that the operator of a vehicle is in violation of subsection 9(7) or any of the regulations made in relation to subsection 9(7) may request the operator

(a)to stop, and

(b)forthwith to present and deliver into the commercial vehicle inspector's hands, for examination by the commercial vehicle inspector,

(i)the operator's licence to operate the vehicle, issued under the Motor Vehicle Act,

(ii)the original or a photocopy of the registration certificate for the vehicle, issued under the Motor Vehicle Act, and

(iii)any transponder or other toll device that the vehicle may be required by regulation to be equipped or operated with or to carry or otherwise have and use.

11.2(3)Every operator of a vehicle shall immediately comply with any request made by a commercial vehicle inspector under subsection (2).

12Section 12 of the Act is repealed and the following is substituted:

12The Mechanics' Lien Act does not apply to highways or to any work done or caused to be done on highways.

13The Act is amended by adding after section 19 the following:

Meeting of Board by communication facilities

19.1A member of the Board of the Corporation may participate in a meeting of the Board or a meeting of a committee of the Board by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other and a member of the Board participating in a meeting by those means shall be deemed for the purposes of this Act to be present at that meeting.

14Section 32 of the Act is repealed and the following is substituted:

32No action lies for damages or otherwise against the President, former President, any other member or former member of the Board or any employee or former employee of the Corporation in relation to anything done or purported to be done under this Act, if it is done in good faith, or in relation to anything omitted to be done under this Act, in good faith, by the President, former President, any other member or former member of the Board or any employee or former employee of the Corporation.

15Section 38 of the Act is amended

(a)in subsection (1)

(i)in paragraph (a) by striking out "paragraph 5(c) and substituting "paragraph 5(d)'';

(ii)by repealing paragraph (c) and substituting the following:

(c)respecting tolls to be charged for the use of toll highways, including, without restricting the foregoing,

(i)the imposition, calculation, collection and payment of tolls and fees, charges and interest in relation to tolls;

(ii)the imposition of a requirement that vehicles or classes of vehicles be equipped or operated with, carry or otherwise have and use a transponder or other toll device;

(iii)the registration and validation of trans-ponders or other toll devices, including the delegation to a person operating a system of toll collection on a toll highway of the right to establish by agreement with another person the class of transponder or other toll device required under subparagraph (ii);

(iv)the enforcement of provisions respecting the collection of tolls and fees, charges and interest in relation to tolls, including the refusal of access to a toll highway or the taking of other measures where the applicable tolls or fees, charges or interest in relation to tolls has not been paid and including the use of liens or charges for the purpose of collection;

(v)the information that may be disclosed by the Registrar of Motor Vehicles under subsection 9(8), and the purposes for which it may be used or disclosed under subsection 9(9);

(vi)the introduction or use, by any person or in or by any court, tribunal or other body, of photographic, electronic or other evidence in relation to the use of a highway with or without payment of a toll;

(vii)the establishment, composition and administration of a body or bodies, or the designation of a body, bodies, person or persons, to consider or hear reviews or appeals respecting disputes or other matters that may arise in relation to the use of toll highways or the collection of tolls and fees, charges and interest in relation to tolls, and the remuneration, compensation and reimbursement of, procedures to be followed in relation to, conduct of preliminary matters, reviews or appeals by, exercise of powers and rendering of decisions by, and any other matter in relation to, the functioning of the body, bodies, person or persons in considering or hearing such reviews or appeals; and

(viii)any other matter or thing in relation to the use of toll highways or to tolls and fees, charges and interest in relation to tolls;

(iii)by repealing paragraph (j.2) and substituting the following:

(j.2)respecting the delegation under section 38.1 of a power, authority, right, duty or responsibility of the Corporation, the Lieutenant-Governor in Council or a project company in relation to a highway;

(b)by adding after subsection (1) the following:

38(1.1)Regulations made under subparagraph (1)(c)(vi) may provide that photographic or electronic evidence relating to non-payment of a toll is proof in the absence of evidence to the contrary of the use of a highway without payment of the toll.

16Section 38.1 of the Act is repealed and the following is substituted:

38.1In addition to subsection 6(4), section 10 and subsections 10.1(4.1) and (4.2), if the Corporation, the Lieutenant-Governor in Council or a project company is given any specific power, authority, right, duty or responsibility under a provision of this or any other Act of the Legislature or a regulation under such an Act in relation to a highway and that highway is the subject of an agreement between the Corporation and a project company, that power, authority, right, duty or responsibility, whether given directly or by adoption, may be delegated by regulation and the Lieutenant-Governor in Council may, in the regulation,

(a)establish the manner in which the delegate may be directed to exercise the delegated matter,

(b)subject the delegate to any limitations, terms, conditions and requirements, or specify that such limitations, terms, conditions and requirements may be set out in the agreement, and

(c)authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.

17Schedule A of the Act is amended by striking out

9(3) C

10.1(12) H

10.1(13) H

11.1(6) E

and substituting

9(3) C

9(6) C

9(7) C

9(9) C

10.1(12) H

10.1(13) H

11.1(6) E

11.2(3) C

18(1)Subsection 22(4) of the Electric Power Act, chapter E-5 of the Revised Statutes, 1973, is repealed and the following is substituted:

22(4)If any public land, public highway, public place, bridge, viaduct or railway referred to in subsection (3) is under the administration and control

(a)of the New Brunswick Highway Corporation, the report shall be made to, the plans shall be provided to and the consent shall be given by that Corporation and subsection (3) applies with any other necessary modifications, and

(b)of a project company as defined in the New Brunswick Highway Corporation Act, the report shall be made to, the plans shall be provided to and the consent shall be given by that project company and subsection (3) applies with any other necessary modifications.

18(2)Subsection 41(2) of the Act is amended by striking out "and the New Brunswick Highway Corporation'' and substituting a comma followed by "the New Brunswick Highway Corporation and a project company as defined in the New Brunswick Highway Corporation Act''.

19Paragraph 109(4)(c) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is repealed and the following is substituted:

(c)land within the boundaries of a public highway without the consent of the Minister of Transportation or, if the public highway is under the administration and control of the New Brunswick Highway Corporation or a project company as defined in the New Brunswick Highway Corporation Act, the New Brunswick Highway Corporation, and, where the highway lies within the boundary of an incorporated city, town or village, the consent of the city, town or village;

EXPLANATORY NOTES

Section 1

(a)(i)A definition is amended. The existing definition is as follows:

"highway usage permit'' means a highway usage permit issued by the Corporation under subsection 10.1(9);

(a)(ii)A definition is amended. The existing definition is as follows:

"project company'' means a person designated by the Corporation as a project company in an agreement between it and the Corporation, for and only for the purposes set out in the agreement;

(b)The existing provision is as follows:

1(2)Toll highways, lands that are the subject of a usage agreement, a highway usage permit, or a lease or licence granted under subsection 6(6), all other lands acquired by the Corporation and all highways that are, in whole or in part, being designed, financed, refinanced, developed, constructed, improved, operated, leased, licensed, maintained, repaired, replaced, altered or extended under an agreement between the Corporation and a project company shall be deemed, for the purposes of this Act, all other Acts of the Legislature and the regulations under any of them, to be a highway unless the context indicates otherwise and, subject to subsection (3), shall be deemed to be under the administration and control of the Corporation.

Section 2

The existing provision is as follows:

5The objects and purposes of the Corporation are

(a)to design, finance, refinance, develop, construct, improve, operate, maintain, repair, replace, alter, extend, or operate a system of toll collection on highways, the administration and control of which are given to the Corporation by the Minister of Transportation with the approval of the Lieutenant-Governor in Council,

(b)on the direction of the Lieutenant-Governor in Council, to design, finance, refinance, develop, construct, improve, operate, maintain, repair, replace, alter, extend, or operate a system of toll collection on highways that are under the administration and control of the Corporation, and

(c)to carry out such other activities or duties as may be authorized or required by this Act or the regulations or as the Lieutenant-Governor in Council may direct.

Section 3

(a)The existing provision is as follows:

6(2)The Corporation may, for the purposes of this Act,

(a)acquire, hold, own, use or otherwise deal with lands or highways and, with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of those lands or highways,...

(b)The existing provision is as follows:

6(3)The Corporation may, in an agreement, designate a party to the agreement as a project company for all or any purposes of this Act, any other Act of the Legislature or any regulation under any such Act, as set out in the designation, and the project company shall be deemed to be a project company for the purposes set out in the designation, and for no other purposes.

(c)The existing provision is as follows:

6(4)Notwithstanding anything in section 10.1, the Corporation may, in an agreement with a project company,

(a)delegate to the project company all or any of its powers, authority, rights, duties and responsibilities under section 10.1, including the authority to issue a highway usage permit, to exempt persons from the requirement to have a highway usage permit or to establish and charge a fee respecting it, in relation to a highway that is the subject of an agreement between the Corporation and the project company, and may include in the delegation directions as to any manner the Corporation considers appropriate by which the powers, authority, rights, duties and responsibilities may be exercised, and

(b)assign to the project company the rights of the Corporation, and the proceeds, under a usage agreement or highway usage permit.

(d)A deeming provision is added in relation to power delegated by the Corporation.

(e)The existing provision is as follows:

6(5)Section 10.1 applies with the necessary modifications to a project company to which a delegation or assignment has been made under paragraph (4)(a) or (b) and the project company shall have the powers, authority, rights, duties and responsibilities of the Corporation under that section, in relation to the powers, authority, rights, duties and responsibilities delegated or assigned to the project company, subject to the directions of the Corporation in the delegation.

Section 4

The existing provision is as follows:

6.1(1)Subject to subsection (2), any action or other proceeding for the enforcement of an agreement made by the Corporation or for the recovery of damages to any highway or for the enforcement of any right in respect of a highway may be instituted in the name of the Corporation.

6.1(2)Where an agreement between the Corporation and a project company so provides, any action or other proceeding for the recovery of damages to a highway that is the subject of the agreement, or for the enforcement of any right in respect of such a highway, may be instituted in the name of the project company.

Section 5

A provision is added in relation to the ownership of tolls, fees, payments, rents, charges, interest and other revenue collected or collectable in relation to a highway.

Section 6

The amendment is consequential on the amendment made in section 2 of this amending Act. The existing provision is as follows:

7(1)Subject to subsection (2), the Corporation has the general supervision of the acquisition, design, financing, refinancing, development, construction, improvement, operation, leasing, licensing, maintenance, repair, replacement, alteration or extension of highways under its administration and control, and shall carry out the responsibility in conformity with the standards established by the Minister of Transportation or as otherwise approved by the Lieutenant-Governor in Council.

7(2)A project company shall have the general supervision of any design, financing, refinancing, development, construction, improvement, operation, leasing, licensing, maintenance, repair, replacement, alteration or extension of a highway, to the extent that it may be given that responsibility in an agreement with the Corporation, and the project company and any other person acting under the authority of the agreement shall carry out the responsibility in conformity with the standards established by the Minister of Transportation or as otherwise approved by the Lieutenant-Governor in Council.

Section 7

(a)A definition is added as a consequential amendment to the amendments made in paragraph 7(c) of this amending Act.

(b)The existing provision is as follows:

9(3)No person who is required to pay a toll shall gain access to, pass over or operate a vehicle on a toll highway without paying the toll in accordance with this Act and the regulations.

(c)Provisions are added in relation to offences arising from the non-payment of tolls, registered owners of vehicles are required to pay tolls in certain circumstances and provisions are added in relation to the use of transponders or other toll devices and in relation to the disclosure of information for the purposes of enforcing the collection of tolls and fees, charges and interest in relation to tolls or for purposes prescribed by regulation.

Section 8

(a)Cross-references are amended. The existing provision is as follows:

10.1(2)If a conflict exists between this section or a regulation made in relation to it, and any other provision of this Act or another Act of the Legislature, whether public or private, or any order, regulation, contract, agreement or usage agreement made under this or any other Act, other than subsections 6(4) and (5), this section and the regulations made in relation to it prevail.

(b)The existing provision is as follows:

10.1(3)The Corporation has the exclusive right to determine what, if any, use may be made of any highway or the land on, under or over which a highway is situated and may, by regulation, establish fees payable for any right to use such land or any highway.

(c)Provisions are added in relation to the assignment of powers, authority and rights under a usage agreement.

(d)Cross-references are amended.

Section 9

The existing provision is as follows:

11If a highway referred to in sections 23 to 29, subparagraphs 38(1)(a)(i) and (ii), paragraph 38(1)(b), subsections 38(2) to (6) and 39(1) to (9), paragraph 39(10)(a), subsections 39(11) and (13) to (18), sections 40, 45 and 64 and subsections 65(7) and (8) of the Highway Act is a highway under the administration and control of the Corporation...

Section 10

The amendment is consequential on the amendment made in section 2 of this amending Act. The existing provision is as follows:

11.1(4)A project company closing a highway under this section shall close only that portion of the highway, and only for the period of time, reasonably necessary, solely for the purpose of undertaking the construction, improvement, operation, maintenance, repair, alteration or extension of the highway, or in an emergency situation, in accordance with the agreement between the project company and the Corporation.

Section 11

A provision is added in relation to the authority of commercial vehicle inspectors where there has been a violation of a provision of the Act or the regulations in relation to it, and an offence is created.

Section 12

The existing provision is as follows:

12The Mechanics' Lien Act does not apply to highways.

Section 13

A provision is added in relation to the holding of meetings of the members of the Board of the New Brunswick Highway Corporation by means of communication facilities.

Section 14

The existing provision is as follows:

32No action lies for damages or otherwise against the President, any other member of the Board or any employee of the Corporation in relation to anything done or purported to be done under this Act, if it is done in good faith, or in relation to anything omitted to be done under this Act, in good faith, by the President or any other member of the Board or any employee of the Corporation.

Section 15

(a)(i)A cross-reference is amended as a consequential amendment to the amendment made in section 2 of this amending Act.

(a)(ii)The existing provision is as follows:

38(1)The Lieutenant-Governor in Council may make regulations...

(c)respecting tolls to be charged for the use of toll highways, including, without restricting the foregoing,

(i)the collection of unpaid tolls, including the manner of calculation, the refusal of access to a toll highway to persons who have not paid applicable tolls, the collection of interest and charges and the use of liens or charges for the purpose of collection,

(ii)the enforcement of provisions respecting tolls including the evidence in relation to payment or non-payment of tolls,

(iii)a process of review respecting disputes that may arise as to the use of toll highways or the collection of tolls, and

(iv)any other matter or thing in relation to the use of toll highways or to tolls;

(a)(iii)The amendment is consequential on the amendment made in section 16 of this amending Act. The existing provision is as follows:

38(1)The Lieutenant-Governor in Council may make regulations...

(j.2)respecting the delegation under section 38.1 of a power, right, duty or responsibility of the Corporation or of the Lieutenant-Governor in Council in relation to a highway;

(b)A provision is added in relation to the content of regulations that may be made under the regulation-making authority added in subparagraph 15(a)(ii) of this amending Act.

Section 16

The existing provision is as follows:

38.1Subject to subsections 6(4) and (5) and section 10, if the Corporation or the Lieutenant-Governor in Council is given any specific power, right, duty or responsibility under a provision of this or any other Act of the Legislature or a regulation under such an Act, whether given directly or by adoption, in relation to a highway that is the subject of an agreement between the Corporation and a project company, that power, right, duty or responsibility may be delegated by regulation to the project company or a person with whom the project company has made an agreement and the regulation may

(a)establish the manner in which the delegate may be directed to exercise the authority,

(b)subject the delegate to any limitations, terms, conditions and requirements, or specify that such limitations, terms, conditions and requirements may be set out in the agreement, and

(c)authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate

Section 17

Categories of offences under the Provincial Offences Procedure Act are added as consequential amendments to the amendments made in section 7 and 11 of this amending Act.

Section 18

(1)The existing provision is as follows:

22(4)If any public land, public highway, public place, bridge, viaduct or railway referred to in subsection (3) is under the administration and control of the New Brunswick Highway Corporation, the report shall be made to, the plans shall be provided to and the consent shall be given by that Corporation and subsection (3) applies with any other necessary modifications.

(2)The existing provision is as follows:

41(2)Where, for the purpose of widening, changing the course or improving any public highway, street, lane, or other public place, it is necessary to take up, remove, or change the location of any of the works of the Corporation constructed or placed on, under, over, across, or along a public highway, street, lane or other public place the responsible authority proposing to make such alterations or improvements shall notify the Corporation of its intentions, specifying the alteration or change of location of the Corporation's facilities necessitated thereby, and the costs and expenses incurred thereby shall be apportioned between the Corporation and the Municipality, or other authority, other than the Department of Transportation and the New Brunswick Highway Corporation, making the improvement, in such proportion as they may agree upon, or in case of disagreement shall be apportioned by the Lieutenant-Governor in Council.

Section 19

The existing provision is as follows:

109(4)Notwithstanding any other provision of this section, a prospector, the holder of a mineral claim or mining lease or the operator of a mine, or anyone acting on behalf of such person, shall not cause actual damage to or interference with the use and enjoyment of...

(c)land within the boundaries of a public highway without the consent of the Minister of Transportation or, if the public highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation and, where the highway lies within the boundaries of an incorporated city, town or village, the consent of the city, town or village;...


Last Modified: 10:51am , November 28, 1997