Acts and Regulations

2011, c.163 - Fredericton – Moncton Highway Financing Act

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Current to 1 January 2024
2011, c.163
Fredericton – Moncton Highway Financing Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Fredericton – Moncton Highway” means the highway to extend or extending for a distance of approximately 195 km from Jewetts Cove, located in Prince William Parish, York County, to Magnetic Hill, located in Moncton Parish, Westmorland County. (route Fredericton – Moncton)
“project company” means a project company as defined in the New Brunswick Highway Corporation Act. (gérant de projet)
1997, c.F-23.1, s.1
Statutory appropriations
2Despite anything in the Financial Administration Act, the sums required to make any payments by the Province to the New Brunswick Highway Corporation that are to be further paid by the New Brunswick Highway Corporation to a project company, as sublease payments under a concession agreement between the New Brunswick Highway Corporation and a project company respecting the Fredericton – Moncton Highway, shall be a charge on, and shall be paid out of, the Consolidated Fund and shall be statutory appropriations that are not required to be voted annually by the Legislature.
1997, c.F-23.1, s.2
Assignments
3(1)Despite anything in the Financial Administration Act, a project company that is a party to a concession agreement with the New Brunswick Highway Corporation respecting the Fredericton – Moncton Highway and an assignee of such a project company, whether an assignee by way of security or otherwise, may assign in writing, in whole or in part, by way of security or otherwise, the sums due or becoming due
(a) from the New Brunswick Highway Corporation to the project company as sublease payments under the concession agreement, or
(b) from the Province to the project company under any loan commitment.
3(2)Despite anything in the Financial Administration Act, if an assignment of a sum of money referred to in paragraph (1)(a) or (b) is made by a project company, the Comptroller, the New Brunswick Highway Corporation and the Province shall have no right to retain, by way of deduction or set-off out of any sum of money referred to in either of those paragraphs that may be due or payable by the New Brunswick Highway Corporation or the Province, the amount of any indebtedness by the project company to the New Brunswick Highway Corporation or the Province.
1997, c.F-23.1, s.3
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to September 1, 2011.