Acts and Regulations

N-5.11 - New Brunswick Highway Corporation Act

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Current to 1 January 2024
CHAPTER N-5.11
New Brunswick
Highway Corporation Act
Assented to March 29, 1995
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1(1)In this Act
“Board” means the board of directors of the Corporation;(Conseil)
“Corporation” means the New Brunswick Highway Corporation established under section 3;(Société)
“highway” means the entire width between the lateral boundary lines of any public highway, street, road, ramp, avenue, parkway, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage or operation of vehicles, whether or not a toll, fee or other charge is imposed in respect of it, and which is under the administration and control of the Corporation or a project company, and includes any highway deemed to be a highway under subsection (2) or included by regulation but excludes any highway exempted by regulation;(route)
“highway usage permit” , unless the context otherwise requires, means a highway usage permit issued under this Act by the Corporation or a delegate or a sub-delegate of the Corporation;(permis d’usage routier)
“lease” includes a sub-lease;(bail)
“licence” includes a sub-licence;(licence)
“person” means a trust, a partnership, a society, an incorporated company or an individual;(personne)
“President” means the President of the Corporation;(Président)
“project company” means a person designated by the Corporation as a project company in an agreement referred to in subsection 6(3);(gérant de projet)
“toll highway” means a highway designated by the Corporation as a toll highway under subsection 9(1);(route à péage)
“usage agreement” means a usage agreement to which section 10.1 applies;(accord d’usage)
“vehicle” means a vehicle as defined in the Motor Vehicle Act.(véhicule)
Interpretation
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.
Interpretation
1(3)A highway that is the subject of an agreement between the Corporation and a project company shall be under the administration and control of that project company, to the extent that the administration and control of that highway has been given to the project company by the Corporation in the agreement.
1996, c.42, s.1; 1997, c.50, s.1; 1997, c.64, s.1; 2012, c.16, s.1
Application
2This Act applies to lands and highways acquired, held, owned, leased or licensed by the Corporation or otherwise under the administration and control of the Corporation or a project company.
1997, c.50, s.2
Establishment of the Corporation
3(1)There is established a body corporate to be known as the New Brunswick Highway Corporation consisting of those persons who from time to time comprise the board of directors.
3(2)The Corporation is a Crown corporation and is, for all purposes, an agent of the Crown in right of the Province.
3(3)All real and personal property acquired by the Corporation for the purposes of this Act is vested in the Corporation as agent of the Crown in right of the Province and may, in accordance with this Act and the regulations, be dealt with, leased, licensed, sold or otherwise disposed of by the Corporation in its corporate name.
3(4)The Corporation may establish subsidiary corporations to carry out the purposes of this Act.
1997, c.50, s.3; 2023, c.17, s.171
Head office
4The head office of the Corporation is at The City of Fredericton.
Objects and purposes of the Corporation
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 and Infrastructure 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.
1997, c.50, s.4; 1997, c.64, s.2; 2010, c.31, s.96
Powers of the Corporation
6(1)In respect of its objects and purposes, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
6(2)The Corporation may, for the purposes of this Act,
(a) with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of lands or highways,
(b) with the approval of the Lieutenant-Governor in Council, raise revenues through tolls, access fees, usage fees, licence fees, franchise fees, right-of-way charges and the lease or sale of commercial rights in respect of highways and through such other means as may be approved by the Lieutenant-Governor in Council,
(c) with the approval of the Lieutenant-Governor in Council, enter into and amend agreements with the Government of Canada, the government of any province, territory or other jurisdiction, a local government in the Province or any other person in or outside the Province,
(d) form joint ventures
(i) with the approval of the Lieutenant-Governor in Council, with the Government of Canada or the government of any province, territory or other jurisdiction, and
(ii) with a local government in the Province or any other person in or outside the Province, and
(e) do such other things as may be authorized by this Act or the regulations or as may be incidental to or necessary for the carrying out of its objects and purposes.
6(2.1)Despite paragraph (2)(a) and any other Act, the Corporation, without the approval of the Lieutenant-Governor in Council, may lease, license, sell or otherwise dispose of lands or highways to any Minister, corporation or agency of the Crown in right of the Province if the lands or highways are leased, licensed, sold or otherwise disposed of for less than $15,000.
6(2.2)If the Corporation leases, licenses, sells or otherwise disposes of lands or highways under subsection (2.1), the Corporation shall provide to the Executive Council a report on all the transactions in the form approved by the Executive Council.
6(2.3)The report referred to in subsection (2.2) shall be submitted within one month after each fiscal year and shall be published in The Royal Gazette no later than 90 days after it is received by the Executive Council.
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.
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.
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.
6(5)Repealed: 1997, c.64, s.3
6(6)Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature or the regulations under any such Act, the Corporation may, by agreement with a project company or with any other person, grant to the project company or other person a lease or licence to build and operate on a highway a business operation that, in the opinion of the Corporation, would provide a service to persons using the highway, including in the lease or licence authority to build or erect such buildings or structures on the highway as the Corporation considers appropriate, and may establish the fee for the lease or licence that the Corporation considers appropriate.
1996, c.42, s.2; 1997, c.50, s.5; 1997, c.64, s.3; 2005, c.7, s.51; 2012, c.16, s.2; 2017, c.20, s.116; 2023, c.17, s.171
Actions or other proceedings respecting highways
1997, c.50, s.6
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.(pertes)
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.
1997, c.50, s.6; 1997, c.64, s.4
Project companies
1997, c.50, s.6
6.2(1)Subject to subsection (2), a project company is not an agent of the Crown in right of the Province for any purpose.
6.2(2)The Corporation may declare in an agreement with a project company that the project company is acting as an agent of the Crown in right of the Province for, and only for, the purpose or purposes set out in the agreement.
6.2(3)No action or proceeding lies against the Corporation or the Crown in right of the Province in respect of any act or omission of a project company or its directors, officers, employees, trustees, partners, proprietors or members.
6.2(4)Without limiting the rights of a project company, a project company may assign, sub-lease or sub-license, as security or for any other purpose, its powers, rights, duties, responsibilities and obligations under an agreement between it and the Corporation, in accordance with the agreement.
6.2(5)The revenues, investments and other assets of a project company do not form part of the Consolidated Fund, whether or not the project company has been declared to be an agent of the Crown in right of the Province under subsection 6.2(2).
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.
1997, c.50, s.6; 1997, c.64, s.5; 2023, c.17, s.171
Responsibility of the Corporation
7(1)Subject to subsection (2), the Corporation has 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, 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 and Infrastructure 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 and Infrastructure or as otherwise approved by the Lieutenant-Governor in Council.
1997, c.50, s.7; 1997, c.64, s.6; 2010, c.31, s.96
Expropriation
8The Corporation may expropriate land for the purposes of this Act and is an expropriating authority under the Expropriation Act.
Tolls
9(0.1)In this section
“registered owner” means a registered owner as defined in the Motor Vehicle Act.(propriétaire immatriculé)
9(1)The Corporation may, with the approval of the Lieutenant-Governor in Council, designate a highway as a toll highway.
9(2)If the Lieutenant-Governor in Council approves in principle the raising of revenue through tolls on a toll highway, the Corporation may
(a) establish, charge and collect such tolls and the amount of such tolls as it considers appropriate for a toll highway designated under subsection (1),
(b) vary the amount of a toll for vehicles or for operators on the basis of any class,
(c) exempt any vehicle or operator from the payment of a toll on the basis of any class, and
(d) enforce the collection of tolls in accordance with the regulations.
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.
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.
1997, c.50, s.8; 1997, c.64, s.7
Delegation
10(1)For the purposes of section 9, the Corporation may, with the approval of the Lieutenant-Governor in Council, delegate its powers respecting tolls and may, in the delegation, provide for the use of the tolls by the delegate.
10(2)The Corporation shall make a delegation under subsection (1) in writing and may, in the written delegation,
(a) subject the delegate to any limitations, terms, conditions and requirements it considers appropriate, and
(b) authorize the delegate to sub-delegate to others the delegated power, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.
10(3)Without limiting the generality of subsection (2), the Corporation may, in a delegation under subsection (1), establish
(a) the amount of tolls to be charged initially on a toll highway by the delegate, which may vary by highway, by operator or vehicle or on the basis of any class of operator or vehicle, and
(b) a formula by which any future variation in the amount of tolls by the delegate may be determined or governed.
10(4)A delegate to whom subsection (3) applies shall not vary the tolls except in accordance with the formula.
1997, c.50, s.9
Use of Highway
10.1(1)In this section
“exemption” means an exemption referred to in paragraph 38(1)(c.1) or (d.1);(exemption)
“person” means the Province, a provincial Crown corporation, an agent of the Crown, the Corporation, a public utility, another corporation, a partnership, a society or an individual;(personne)
“usage agreement” means a written contract, agreement or other document in existence on the commencement of this subsection, to which the Crown in right of the Province or the Corporation is a party and in which the Corporation or the Crown in right of the Province gives a person any right to erect or place a building, structure, wire, cable, line, pole, track, pipe, main, conduit, device, equipment or other object or thing on, over, under, across or along, a highway, to repair or maintain such an object or thing, to excavate, mine or quarry under, across, through or along a highway, to use any portion of a highway for recreational purposes or to gain access to, to pass over or under or to operate any form of transportation or carry out any other activity on, over, under, across or along, a highway, but does not include any permit, licence or permission issued or granted under this Act, the Highway Act, the Motor Vehicle Act, the Off-Road Vehicle Act or the regulations under any of them, other than permission granted under section 41 of the Highway Act or consent given under section 42 of the Highway Act by the Minister of Transportation and Infrastructure before the commencement of this subsection.(accord d’usage)
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.
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.
10.1(4)Every usage agreement shall, on the commencement of this subsection, be deemed
(a) to contain a term requiring the parties to the agreement to pay any fee established by regulation in relation to any right respecting a highway that is given to the party in the agreement, and
(b) in all other respects to be affirmed.
10.1(4.1)The Crown in right of the Province may assign to the Corporation or a project company the Crown'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 the Crown in right of the Province, as the case may be, subject to any limitations, terms, conditions and requirements set out in the assignment.
10.1(5)Land shall be deemed not to be injuriously affected by reason only that a highway to which subsection (3) or (4) applies is situated on, under or over it and no compensation of any kind shall be paid or given to any person who has the benefit of or is a party to a contract, agreement or usage agreement in relation to land or a highway, or who has any other interest in land or a highway, by reason only that
(a) the land or any portion of it is, or is adjacent to, land where such a highway is situated, or
(b) immediately before the date of the commencement of this subsection, the person was the owner of land, or had the benefit of or was a party to a contract, agreement or usage agreement in relation to a highway, and is affected in any manner by the operation of subsection (3) or (4).
10.1(6)No action, application or other proceeding lies or shall be instituted against the Corporation, the Minister of Transportation and Infrastructure or the Crown in right of the Province as a result of the enactment of this section or the regulations made in relation to it.
10.1(7)No contractual or other claim, grounds, remedy or defence shall be available to or exercised by a party to a usage agreement, other than the Corporation, the Minister of Transportation and Infrastructure or the Crown in right of the Province, as a result of the enactment of this section or the regulations made in relation to it.
10.1(8)No court or person shall construe, claim or deem a usage agreement to be terminated, rescinded, repudiated, frustrated or amended as a result of the enactment of this section or the regulations made in relation to it, other than as deemed amended to contain a term under subsection (4).
10.1(9)The Corporation may, in accordance with the regulations and in its discretion, issue highway usage permits, permitting the holder and persons acting under the authority of the permit
(a) to erect or place a building, structure, wire, cable, line, pole, track, pipe, main, conduit, device, equipment or other object or thing on, over, under, across or along, a highway, to repair or maintain such an object or thing or to excavate, mine or quarry under, across, through or alongside a highway,
(b) to use, repair and maintain any portion of a highway for recreational purposes, or
(c) to use a highway for any other purpose established in the regulations.
10.1(10)The Corporation may, in its discretion
(a) amend, transfer, suspend, cancel, renew and reinstate highway usage permits in accordance with the regulations, and
(b) at any time and in accordance with any applicable regulations that may have been made, impose any terms and conditions in relation to the issuance, amendment, transfer, suspension, cancellation, renewal or reinstatement of, highway usage permits that the Corporation considers appropriate.
10.1(11)No compensation shall be paid to any person by the Corporation in relation to
(a) the refusal to issue, amend, transfer, renew or reinstate a highway usage permit or an exemption, or
(b) the suspension or cancellation of any highway usage permit or exemption.
10.1(12)No person required under the regulations to hold or be acting under the authority of a highway usage permit in order to use a highway or the land on, under or over a highway shall use the highway or land unless doing so under and in accordance with the required highway usage permit.
10.1(13)No person shall use a highway or the land on, under or over a highway in contravention of this Act, the regulations, or the terms and conditions imposed in, by or in relation to any contract, agreement, usage agreement, highway usage permit or exemption.
10.1(14)The Corporation may refuse use of any highway or the land on, under or over a highway to any person who is in contravention of subsection (12) or (13).
10.1(15)If a person has erected or placed or is erecting or placing any object or thing on, over, under, across or along a highway, has repaired or maintained or is repairing or maintaining such an object or thing, has excavated, mined or quarried or is excavating, mining or quarrying under, across, through or along a highway or has used or is otherwise using a highway, in contravention of subsection (12) or (13), the Corporation may by order direct that any such object or thing be disassembled, demolished, modified, relocated or removed and that the highway and the land on, over or under which the highway is situated be restored to its original condition or to such other condition as the Corporation directs.
10.1(16)Subsections 39(4) to (8) of the Highway Act apply with the necessary modifications to an order made under subsection (15) and the Corporation shall have the power, authority and duties of the Minister of Transportation and Infrastructure under those provisions in relation to the order.
10.1(17)If a person served with an order under subsection (15) fails to comply fully with the order, the Corporation may apply by way of notice of application to a judge of The Court of King’s Bench of New Brunswick for one or more of the following orders:
(a) an order prohibiting the erecting, placing, repairing, maintaining, excavating, mining, quarrying or other use;
(b) an order directing the disassembly, demolition, modification, relocation or removal of the object or thing by and at the expense of the person to whom the order relates;
(c) an order directing that the highway and the land on, over or under which the highway is situated be restored to its original condition or to such other condition as the judge directs, by and at the expense of the person to whom the order relates; and
(d) such other order as is considered necessary in order to enforce the provisions of this section.
10.1(18)Where an offence under subsection (12) or (13) continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
10.1(19)The Crown in right of the Province is bound by the provisions of this section and the regulations made in relation to it.
10.1(20)Subsections (9) to (12) do not apply to
(a) the granting of a lease or licence under subsection 6(6), to persons acting under such a lease or licence or to the lands in relation to which such a lease or licence is granted,
(b) the use of a toll highway by the public, or
(c) subsection 6(4) and section 10, the designation, control or use of, the restriction in relation to, or the charging of tolls on a toll highway by the Corporation, a project company or a person acting under the authority of an agreement made between the Corporation and a project company.
1996, c.42, s.3; 1997, c.50, s.10; 1997, c.64, s.8; 2003, c.7, s.38; 2010, c.31, s.96; 2012, c.16, s.3; 2019, c.12, s.25; 2023, c.17, s.171
Highway usage permits issued by Minister of Transportation and Infrastructure
2012, c.16, s.4
10.2(1)The Crown in right of the Province may assign to the Corporation or a project company the Crown's powers, authority and rights under a highway usage permit issued by the Minister of Transportation and Infrastructure under subsection 44.1(9) of the Highway Act.
10.2(2)On the commencement of this section, a highway usage permit that was issued by the Minister of Transportation and Infrastructure under the Highway Act in relation to lands or highways conveyed to the Corporation is deemed to be assigned by the Minister of Transportation and Infrastructure to the Corporation in accordance with subsection (1).
10.2(3)The Corporation may assign to a project company its powers, authority and rights under a highway usage permit.
10.2(4)If a project company is an assignee under subsection (1) or (3), 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 the Crown in right of the Province, as the case may be, subject to any limitations, terms, conditions or requirements set out in the assignment.
10.2(5)The term “Minister of Transportation and Infrastructure” shall be replaced by the term “New Brunswick Highway Corporation” or the name of the project company, as the case may be, everywhere it appears in a highway usage permit assigned to the Corporation or a project company under this section.
10.2(6)On the commencement of this subsection, a highway usage permit assigned to the Corporation or a project company shall be deemed to be affirmed.
10.2(7)This Act and the regulations under it apply, with the necessary modifications, to a highway usage permit assigned to the Corporation or a project company as if the highway usage permit had been issued under this Act.
10.2(8)Subject to subsection (9), the holder of a highway usage permit that is assigned to the Corporation or a project company shall pay the annual fees prescribed by regulation.
10.2(9)If the annual fees prescribed by regulation are greater than the annual fees prescribed in New Brunswick Regulation 2010-55 under the Highway Act, the holder of a highway usage permit that is assigned to the Corporation or a project company shall pay the annual fees prescribed under that regulation.
10.2(10)Land shall be deemed not to be injuriously affected by reason only that a highway is situated on, under or over it and no compensation of any kind shall be paid or given to any person who has the benefit of or is a party to a highway usage permit in relation to land or a highway, or who has any other interest in land or a highway, by reason only that
(a) the land or any portion of it is adjacent to land where such a highway is situated, or
(b) immediately before the date of the commencement of this subsection, the person was the owner of land, or had the benefit of or was a party to a highway usage permit, and is affected in any manner by the operation of this section.
10.2(11)No action, application or other proceeding lies or shall be instituted against the Corporation, the Minister of Transportation and Infrastructure or the Crown in right of the Province as a result of the enactment of this section.
10.2(12)No contractual or other claim, grounds, remedy or defence shall be available to or exercised by a party to a highway usage permit, other than the Corporation, the Minister of Transportation and Infrastructure or the Crown in right of the Province, as a result of the enactment of this section.
10.2(13)No court or person shall construe, claim or deem a highway usage permit to be terminated, rescinded, repudiated, frustrated or amended as a result of the enactment of this section.
10.2(14)If the Corporation leases, licenses, sells or otherwise disposes of land or a highway to the Minister of Transportation and Infrastructure that is subject to a highway usage permit assigned to the Corporation under this section, the Corporation may assign to the Minister of Transportation and Infrastructure its powers, authority and rights under the highway usage permit and, on the commencement of this subsection, a highway usage permit assigned to the Minister of Transportation and Infrastructure shall be deemed to be affirmed and all the provisions of this section apply with the necessary modifications to the highway usage permit being assigned under this section.
10.2(15)The Crown in right of the Province is bound by the provisions of this section.
2012, c.16, s.4; 2023, c.17, s.171
Application of provisions of the Highway Act
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), section 64 and subsections 65(7) and (8) of the Highway Act is a highway under the administration and control of the Corporation
(a) the Corporation shall have the power, authority and duties of the Minister of Transportation and Infrastructure under those provisions in relation to that highway, including the power to make an order,
(b) any fees or deposits payable under those provisions shall be paid to the Corporation,
(c) a violation of any of those provisions in relation to that highway shall be a violation as provided for in that Act, and
(d) those provisions apply with any other necessary modifications.
1996, c.42, s.4; 1997, c.64, s.9; 2010, c.31, s.96
Closure of highways
1997, c.50, s.11
11.1(1)Subject to subsection (2), the Corporation, if of the opinion that it is necessary or advisable, may close temporarily or for a specified period of time any highway or portion of a highway by causing to be posted on the highway or portion signs or notices to the effect that the highway or portion is closed temporarily or for a specified period of time, and evidence of the existence on a highway or portion of a highway of a sign or notice to the effect that the highway or portion is closed temporarily or for a specified period of time is proof, in the absence of evidence to the contrary, that the sign or notice was posted and maintained under the authority of the Corporation and that the highway or portion of a highway is closed temporarily or for a specified period of time.
11.1(2)The Corporation shall not, under subsection (1), close a highway that is under the administration and control of a project company, other than as provided for in the agreement between the Corporation and the project company.
11.1(3)Subject to subsection (4), subsection (1) applies with the necessary modifications to a project company in relation to a highway under its administration and control.
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.
11.1(5)The Corporation or, if given the authority in an agreement between the Corporation and a project company, the project company, may limit the closing of any highway or portion of a highway under this section to a specified class of motor vehicle.
11.1(6)A person who operates or causes to be operated on a highway a motor vehicle when the highway is closed under this section commits an offence.
1997, c.50, s.11; 1997, c.64, s.10
Enforcement
1997, c.64, s.11
11.2(1)In this section
“commercial vehicle inspector” means a person designated by the Minister of Transportation and Infrastructure as a commercial vehicle inspector under paragraph 14(e) of the Highway Act.(inspecteur de véhicule utilitaire)
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).
1997, c.64, s.11; 2010, c.31, s.96
The Mechanics’ Lien Act does not apply
Repealed: 2020, c.29, s.112
2020, c.29, s.112
12Repealed: 2020, c.29, s.112
1997, c.64, s.12; 2020, c.29, s.112
Application of the Procurement Act
2012, c.20, s.34; 2021, c.38, s.34
13(1)The Procurement Act applies to the Corporation.
13(2)Despite subsection (1), and despite any provision of the Procurement Act or the regulations under it,
(a) the Procurement Act and the regulations under it do not apply in respect of an agreement made between the Corporation and a project company, and
(b) if the Corporation enters into an agreement or forms a joint venture with another person for the purposes of this Act, the Procurement Act and the regulations under it do not apply in respect of further agreements or the purchase of supplies or services made by or other transactions carried out by that other person.
1997, c.50, s.12; 2012, c.20, s.34; 2021, c.38, s.34
Application of the Community Planning Act
1997, c.50, s.13
13.1(1)Subject to subsection (2), the Community Planning Act and the regulations or by-laws under it do not apply to lands on or between the boundaries of a highway, whether on, over or under the highway.
13.1(2)The Provincial Building Regulation - Community Planning Act applies to lands and to buildings and structures, other than bridges, overpasses and underpasses, that are, or are to be, situated on lands that are the subject of a lease or licence granted under subsection 6(6).
1997, c.50, s.13
Application of the Real Property Transfer Tax Act
1997, c.50, s.13
13.2Notwithstanding any provision of the Real Property Transfer Tax Act or the regulations under it, no tax is payable under that Act in relation to an agreement between the Corporation and a project company.
1997, c.50, s.13
Deeming provision respecting the Assessment Act
1997, c.50, s.13
13.3A project company shall be deemed not to be a tenant, lessee or licensee as used in paragraph (j) of the definition “real property” in section 1 of the Assessment Act, if an agreement between the Corporation and the project company contains a term to that effect.
1997, c.50, s.13
Penalty
14(1)If a contract to which the Corporation is a party relates to the construction or maintenance of a highway and specifies a date by which or a time within which any work shall be done or material shall be supplied, it may also provide for a penalty for failure to complete the work or supply the material by that date or within that time.
14(2)The penalty referred to in subsection (1) shall consist of either or both of the following:
(a) the actual loss or damages suffered by the Corporation because of the failure; or
(b) a stipulated sum for each day that the work is unfinished or the material not supplied in full after the date or time agreed upon, regardless of actual loss or damages.
14(3)If a contract for the construction or maintenance of a highway provides for a penalty as referred to in this section, the amount of the penalty may, in whole or in part, be withheld from any money payable by the Corporation under the contract.
Board of directors
15The board of directors of the Corporation shall consist of the following members:
(a) the President of the Corporation;
(b) the Minister of Transportation and Infrastructure who shall be the Chairperson of the Board;
(c) the Minister of Finance and Treasury Board who shall be the Vice-Chairperson of the Board;
(d) the Deputy Minister of Transportation and Infrastructure;
(e) the Deputy Minister of Finance and Treasury Board; and
(f) two other members who shall be appointed by the Lieutenant-Governor in Council and who, in the opinion of the Lieutenant-Governor in Council, have knowledge, experience and expertise relevant to the business and affairs of the Corporation.
2010, c.31, s.96; 2012, c.39, s.99; 2019, c.29, s.99
Term of office
16(1)The members of the Board appointed under paragraph 15(f) shall be appointed for a term not exceeding three years and are eligible for reappointment.
16(2)A member of the Board appointed under paragraph 15(f) may be removed for cause by the Lieutenant-Governor in Council.
16(3)Notwithstanding subsection (1) but subject to subsection (2), a member of the Board appointed under paragraph 15(f) remains in office until the member resigns or is reappointed or replaced.
16(4)Where a vacancy occurs on the Board, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the member replaced.
16(5)The Lieutenant-Governor in Council may, in the case of the temporary absence, illness or incapacity to act of any member of the Board, appoint a substitute for the member for the period of the temporary absence, illness or incapacity.
16(6)A vacancy on the Board does not impair the capacity of the Board to act.
Remuneration
17(1)Each member of the Board appointed under paragraph 15(f) who is not employed in the public service of the Province is entitled to be paid such remuneration as is fixed by the by-laws of the Corporation.
17(2)Each member of the Board is entitled to be paid such travelling and living expenses incurred by the member in the performance of the member’s duties as are fixed by the by-laws of the Corporation.
Board to administer the affairs of the Corporation
18The Board shall administer the affairs of the Corporation on a commercial basis and all decisions and actions of the Board are to be based on sound business practice.
Quorum
19Five members of the Board, of whom one is either the Chairperson or the Vice-Chairperson, constitute a quorum.
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.
1997, c.64, s.13
President
20(1)The Lieutenant-Governor in Council shall appoint a President who shall act as the chief executive officer of the Corporation.
20(2)The President is, subject to the direction of the Board, charged with the general direction, supervision and control of the business of the Corporation, and may exercise such other powers as may be conferred on the President by the by-laws of the Corporation.
20(3)The President is an ex officio member of the Board.
20(4)The President is entitled to be paid such remuneration as is fixed by the by-laws of the Corporation unless the person appointed as President is employed in the public service of the Province.
20(5)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the President.
20(6)The President may be removed for cause by the Lieutenant-Governor in Council.
2013, c.44, s.29
Employees
21(1)The employees of the Corporation shall be appointed in accordance with the staff requirements and the mode of appointment established by the by-laws of the Corporation.
21(2)The remuneration and other conditions of employment of the employees of the Corporation shall be established by the by-laws of the Corporation.
21(3)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the employees of the Corporation.
21(4)Persons employed in the public service of the Province may be transferred or seconded to the Corporation on such terms and conditions as may be negotiated.
2013, c.44, s.29
Accounts
22(1)The Corporation shall maintain in its own name one or more accounts in any bank, trust company or credit union designated by the Minister of Finance and Treasury Board for the purposes of subsection 17(1) of the Financial Administration Act.
22(2)Notwithstanding the Financial Administration Act, all money received by the Corporation through the conduct of its operations or otherwise, shall be deposited to the credit of the account or accounts maintained under subsection (1) and shall be administered by the Corporation exclusively for the purposes of this Act.
2011, c.20, s.20; 2019, c.29, s.99
Self-financing
23The remuneration and expenses of the President, the other members of the Board and the employees of the Corporation, and generally all costs, charges and expenses incurred and payable in respect of the conduct of the business and affairs of the Corporation shall be paid by the Corporation.
Other financial matters
1997, c.50, s.14
24(1)The Corporation shall, before the thirty-first day of December in each year, prepare and submit to the Treasury Board for its approval
(a) a proposed annual budget containing the estimates of the amounts required for the operation of the Corporation for the next fiscal year, and
(b) a five-year business plan.
24(2)Where the Treasury Board approves the annual budget and the five-year business plan submitted to it under subsection (1), it may recommend the appropriation of such funds as it considers necessary to enable the Corporation to carry out its objects and purposes under this Act for the fiscal year to which the annual budget relates.
24(3)The Minister of Finance and Treasury Board shall pay from the Consolidated Fund the amount of any judgement against the Corporation that remains unpaid three months after all rights of appeal have been exhausted.
1997, c.50, s.15; 2016, c.37, s.120; 2019, c.29, s.99
Raising of sums
25The Lieutenant-Governor in Council may raise, by way of loan in the manner provided by the Provincial Loans Act, such sums as the Lieutenant-Governor in Council may consider necessary for the purposes of this Act and the sums so raised may either be advanced to the Corporation or applied by the Minister of Finance and Treasury Board in the purchase of notes, bonds, debentures or other securities issued by the Corporation under the authority of this Act.
2019, c.29, s.99
Advances made by the Province
26(1)All advances made by the Province to the Corporation shall be made on such terms and conditions as may be agreed upon between the Corporation and the Minister of Finance and Treasury Board, and without limiting the generality of the foregoing, the Corporation, in consideration of any advance, may
(a) issue and deliver to the Minister of Finance and Treasury Board notes, bonds, debentures or other securities of the Corporation for the same principal amount, maturing on the same date, bearing interest at the same rate and payable as to both principal and interest in the same currency as the notes, bonds, debentures or other securities of the Province issued for the purpose of raising the money advanced by the Province to the Corporation and containing such other terms and conditions, if any, as to redemption in advance of maturity or otherwise as the Minister of Finance and Treasury Board may approve, and
(b) agree to reimburse the Province for all charges and expenses incurred or to be incurred by the Province in connection with the creation and issue of such notes, bonds, debentures or other securities of the Province and the payment from time to time of the interest on them and of the principal of them, whether at maturity or on redemption before maturity and of the amount of the premium, if any, on redemption, and for such other charges and expenses as the Province may incur.
26(2)The Corporation shall pay to the Minister of Finance and Treasury Board in each year in respect of sums advanced by the Province to the Corporation the amount of the sinking fund payment required to be made by the Province in each such year in respect of the notes, bonds, debentures or other securities issued by the Province for the purpose of raising the sums so advanced.
2019, c.29, s.99
Interest payable by the Corporation
27The Corporation shall pay to the Minister of Finance and Treasury Board, on due dates, such interest on the indebtedness of the Corporation to the Province for money advanced to the Corporation by the Province as may be sufficient to reimburse the Province for the full amount of interest paid by the Province on money raised for the purposes of the Corporation and all charges incurred by it in providing such money.
2019, c.29, s.99
Borrowing
28(1)The Corporation, on the recommendation of the Minister of Finance and Treasury Board and with the approval of the Lieutenant-Governor in Council, may
(a) borrow such sums of money as it requires for its purposes and may charge, pledge or mortgage the lands and other assets and receivables of the Corporation to secure such loans,
(b) issue, sell, exchange or otherwise dispose of notes, bonds, debentures or other securities in such currencies and on such terms and conditions as the Corporation may determine,
(c) charge, pledge, deposit or otherwise deal with its notes, bonds, debentures or other securities as collateral security, and, when the Corporation again becomes entitled to securities dealt with as collateral security, may issue, re-issue, charge, pledge, deposit or otherwise deal with them as collateral security or may cancel them, and
(d) borrow by way of temporary loans from any chartered bank or from any person such sums as it requires upon such terms and conditions as it may determine and may pledge as security for such temporary loans, notes, bonds, debentures or other securities of the Corporation pending their sale or in lieu of selling them, or in such other manner as the Corporation may determine.
28(2)The notes, bonds, debentures and other securities of the Corporation shall be in the form and shall be executed in the manner the Corporation determines.
28(3)The Corporation shall pay to the Minister of Finance and Treasury Board such payments for sinking fund purposes as may be required by the terms of any note, bond or debenture issue and such funds shall be retained and invested for the account of the Corporation and be used by the Corporation to make payment at the maturity of any such notes, bonds or debentures.
28(4)The seal of the Corporation may be engraved, lithographed, printed or otherwise mechanically reproduced on any security to which it is to be affixed and any signature on any such security or on coupons attached to it may be engraved, lithographed, printed or otherwise mechanically reproduced on them, and a seal or signature so mechanically reproduced has the same force and effect as if manually affixed and is valid and binding notwithstanding that the person whose signature is so reproduced ceased to hold office before the date or issue of the security.
2019, c.29, s.99
Guarantee of the Province
29(1)The Lieutenant-Governor in Council is authorized on such terms as may be approved by Order in Council to guarantee the payment of the principal of and interest on, and any premium on redemption in advance of maturity or other obligation for the payment of money borrowed by the Corporation or provided for or contained in, any notes, bonds, debentures or other securities issued by the Corporation.
29(2)The form and manner of any guarantee or guarantees given under subsection (1) shall be such as the Lieutenant-Governor in Council may approve.
29(3)Any guarantee or guarantees given under subsection (1) shall be signed by the Minister of Finance and Treasury Board, or such other officer or officers as may be designated by the Lieutenant-Governor in Council, and when the guarantee is so signed, the Province shall become liable for the payment of the principal of and interest on, and any premium on redemption in advance of maturity or other obligation for the payment of money borrowed by the Corporation or provided for or contained in the notes, bonds, debentures and securities guaranteed, according to the tenor of them.
29(4)The Lieutenant-Governor in Council is authorized to make arrangements for supplying the money necessary to fulfill the requirements of the guarantee or guarantees and to advance the money necessary for that purpose out of the Consolidated Fund and, in the hands of any holder of any such notes, bonds, debentures or other securities, any guarantee so signed shall be conclusive evidence that the terms of this section have been complied with.
29(5)The signature of the Minister of Finance and Treasury Board or such other officer or officers as may be designated by the Lieutenant-Governor in Council under subsection (3) on the guarantee or guarantees given under subsection (1) may be engraved, lithographed, printed or otherwise mechanically reproduced and such mechanically reproduced signature has the same force and effect as if manually affixed and is valid and binding notwithstanding that the person whose signature is so reproduced ceased to hold office before the date or issue of the security.
2019, c.29, s.99
Prohibition respecting guarantees
30The Corporation shall not guarantee the repayment of money borrowed by another person.
Conflict of interest
31The Corporation shall make by-laws establishing the policy of the Corporation in respect of situations considered by the Corporation to constitute an actual or potential conflict of interest pertaining to the members of the Board and the employees of the Corporation including, without limiting the generality of the foregoing, the circumstances that constitute an actual or potential conflict of interest, the disclosure of the actual or potential conflict of interest and the manner in which it is to be dealt with.
Immunity
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.
1997, c.64, s.14
By-laws
33The Corporation may, with the approval of the Lieutenant-Governor in Council, make by-laws for the control and management of the business and affairs of the Corporation.
Fiscal year
34The fiscal year of the Corporation ends on the thirty-first of March in each year.
Audit
35The accounts of the Corporation shall be audited at least once a year by the Auditor General.
Reporting
36(1)The Corporation shall, within six months after the end of each fiscal year, submit to the Minister of Transportation and Infrastructure an annual report, containing the auditor’s report and such other information as may be required by the Minister of Transportation and Infrastructure in respect of the business and affairs of the Corporation during the fiscal year.
36(2)The Minister of Transportation and Infrastructure shall lay the annual report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.
2010, c.31, s.96
Offences
37(1)Subject to subsection (2), a person who violates or fails to comply with a provision of the regulations commits an offence.
37(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
37(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
37(4)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
1996, c.42, s.5
Regulations
38(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing activities or duties for the purposes of paragraph 5(d);
(b) prescribing things that the Corporation may do for the purposes of paragraph 6(2)(e);
(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 transponders 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;
(c.1) respecting the exemption of highways, specifically or by class, from the application of section 10.1;
(d) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of permits under this Act and the regulations;
(d.1) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of exemptions of persons, specifically or by class, from the requirement
(i) to obtain a permit under this Act or the regulations, or
(ii) to pay a fee or charge referred to in paragraph (i);
(d.2) establishing or delegating to the Corporation the authority to establish terms and conditions, or grounds, upon which highway usage permits, or exemptions referred to in paragraph (c.1) or (d.1), may be refused, issued, amended, transferred, held, suspended, cancelled, renewed or reinstated;
(d.3) respecting insurance coverage or the posting of security as a condition of obtaining, continuing to hold or having amended, renewed, transferred or reinstated a permit issued under this Act or the regulations;
(d.4) respecting the expiry dates of permits issued under this Act or the regulations, or exemptions referred to in paragraph (c.1) or (d.1);
(e) respecting the giving of notice required to be given or served under this Act or the regulations;
(f) respecting the passage or operation of a vehicle on and other use of highways;
(g) respecting any matter or thing in relation to advertisements or signs generally upon or within five hundred metres from the near edge of the travelled portion of a highway outside the limits of any city or town or one hundred and fifty metres from the near edge of the travelled portion of a highway inside the limits of any city or town, including respecting
(i) the erection, maintenance, posting, painting, exposing, destruction, defacing, removal or disposal of or standards to be met by such advertisements or signs,
(ii) the payment or the non-payment of compensation or costs in relation to the destruction, removal, relocation or disposal of such advertisements or signs, in relation to changes respecting them or in relation to the cancellation of permits respecting them, including respecting the procedure for the collection of any such costs,
(iii) the giving of authority to the Corporation to enter into or upon lands or buildings for the purpose of destruction, removal, relocation or disposal of such advertisements or signs, and
(iv) the enforcement of regulations made under this paragraph;
(h) respecting forms for the purposes of this Act and the regulations;
(i) respecting fees and charges and the calculation of fees and charges payable under this Act and the regulations, including fees payable under usage agreements as provided for in subsection 10.1(4), but not including fees and charges that are established by any other contracts or agreements made by the Corporation under the authority of this Act;
(j) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;
(j.1) prescribing highways that are included in or are exempted from the definition “highway” in subsection 1(1);
(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;
(k) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(l) prescribing any thing required by this Act to be prescribed;
(m) generally for the better administration of this Act.
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.
38(2)Regulations made under paragraphs (1)(c.1), (d) to (d.4) and (i) in relation to section 10.1 may be retroactive in their operation to April 1, 1996, or any date after April 1, 1996.
1996, c.42, s.5; 1997, c.50, s.16; 1997, c.64, s.15
Delegation by Corporation or Lieutenant-Governor in Council
1997, c.50, s.17
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.
1997, c.50, s.17; 1997, c.64, s.16
Application of the Regulations Act
39The Regulations Act does not apply to
(a) the by-laws of the Corporation,
(b) any order made by the Corporation or a project company under this Act or the regulations, or
(c) any Orders in Council made under this Act or in relation to the Corporation or a project company, other than a regulation made under section 38.
1997, c.50, s.18
Consequential amendments
40The Electric Power Act, chapter E-5 of the Revised Statutes, 1973, is amended
(a) in section 22
(i) in subsection (3) by adding “but subject to subsection (4)” after “by this section”;
(ii) by adding after subsection (3) the following:
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.
(b) in subsection 41(2) by adding “and the New Brunswick Highway Corporation” after “Department of Transportation”.
Consequential amendments
41The Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended
(a) in section 1 in the definition “highway” by adding after paragraph (b) the following:
(b.1) unless the context indicates otherwise or unless the reference is contained in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act, a highway under the administration and control of the New Brunswick Highway Corporation;
(b) in section 3 by adding “and those highways under the administration and control of the New Brunswick Highway Corporation” after “Municipalities Act”;
(c) by repealing section 10;
(d) in section 12 by adding “by the Minister,” after “is not required”;
(e) in subsection 17(1) by adding a comma followed by “whether by the Minister or by the New Brunswick Highway Corporation” after “a highway”;
(f) in section 39 by adding after subsection (18) the following:
39(19)Nothing in this section shall be construed by any person, court or other tribunal to prohibit the New Brunswick Highway Corporation from constructing, using, opening or permitting use of any private road, entrance way, driveway or gate or any municipal road or street intended for or capable of providing access to any part of a highway that is under the administration and control of the New Brunswick Highway Corporation.
(g) by repealing section 68 and substituting the following:
68Lands that are acquired under this Act or under the New Brunswick Highway Corporation Act for highway purposes by purchase or expropriation, except any portion of those lands lying outside the right-of-way of the highway, constitute a highway for the purposes of this Act unless the context indicates otherwise or unless the highway is referred to in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act.
Consequential amendments
42Section 38 of the Interpretation Act, chapter I-13 of the Revised Statutes, 1973, is amended by repealing the definition “highway” or “road” and substituting the following:
“highway” or “road” means any public highway, road or bridge and, unless the context indicates otherwise, includes any public highway, road or bridge in respect of which a toll, fee or other charge is imposed;(route)ou(chemin)
Consequential amendments
43Paragraph 109(4)(c) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by adding “or, if the public highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Minister of Transportation”.
Consequential amendments
44The Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a) in section 1
(i) in the definition “highway” by adding “and, unless the context indicates otherwise or unless the reference is contained in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act, a highway under the administration and control of the New Brunswick Highway Corporation” after “bridges thereon”;
(ii) in the definition “provincial highway” by adding “or the New Brunswick Highway Corporation,” after “Department of Transportation”;
(b) in subsection 47(7) by adding a comma followed by “tolls” after “fuel taxes”;
(c) in subsection 116(2) by adding “or, if the Provincial highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Minister”;
(d) in section 153
(i) by renumbering the section as subsection (1);
(ii) in subsection (1) by striking out “The Minister” and substituting “Subject to subsection (2), the Minister”;
(iii) by adding after subsection (1) the following:
153(2)If a highway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications.
(e) in section 155
(i) in subsection (1) by striking out “The Minister” and substituting “Subject to subsection (1.1), the Minister”;
(ii) by adding after subsection (1) the following:
155(1.1)If a roadway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may designate the roadway as provided for in that subsection and that subsection applies with any other necessary modifications.
(f) by repealing subsection 160(1) and substituting the following:
160(1)The Minister may by order and local authorities may by by-law, with respect to any controlled-access roadway under their respective jurisdictions, and the New Brunswick Highway Corporation may, with respect to a controlled-access roadway under its administration and control, prohibit the use of any such roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motor-driven cycle.
(g) in subsection 183(1) by adding “and the New Brunswick Highway Corporation in respect of highways under its administration and control” after “jurisdictions”;
(h) in subsection 186(1) by adding “and the New Brunswick Highway Corporation in respect of highways under its administration and control” after “jurisdictions”;
(i) in section 194
(i) in subsection (5) by striking out “The Minister” and substituting “Subject to subsection (5), the Minister”;
(ii) by adding after subsection (5) the following:
194(5.1)If a provincial highway referred to in subsection (5) is under the administration and control of the New Brunswick Highway Corporation, the reference in that subsection to the Minister of Transportation shall be read as a reference to the Corporation and that subsection applies with any other necessary modifications.
(j) in subsection 234(3) by adding “highways under the administration and control of the New Brunswick Highway Corporation” after “beaches,”;
(k) in section 261 by adding after subsection (5) the following:
261(6)Notwithstanding anything in this section, if a provincial highway referred to in this section is under the administration and control of the New Brunswick Highway Corporation, that Corporation may do anything that the Minister may do under this section in relation to that highway, the fee prescribed for a permit issued under this section shall be paid to that Corporation and the provisions of this section apply with any other necessary modifications.
(l) in subsection 346(2) by adding “highways under the administration and control of the New Brunswick Highway Corporation” after “beaches,”.
Consequential amendments
45Section 13 of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982, is amended by adding “or the New Brunswick Highway Corporation” after “Minister of Transportation”.
Consequential amendments
46The Pipe Line Act, chapter P-8.1 of the Acts of New Brunswick, 1991, is amended
(a) in section 24
(i) in subsection (1) by adding “or, if the highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Minister of Transportation”;
(ii) in subsection (3) by adding “or, if the highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Minister of Transportation”;
(iii) in subsection (4) by adding “or, if the highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Minister of Transportation”;
(b) by repealing section 26 and substituting the following:
26All work affecting any highway or road is subject to the supervision, inspection and approval of a person designated by the Minister of Transportation, a local authority or the New Brunswick Highway Corporation and the provisions of the Highway Act or the New Brunswick Highway Corporation Act, as the case may be, apply.
Consequential amendments
47Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended by adding a comma followed by “the New Brunswick Highway Corporation” after “the New Brunswick Geographic Information Corporation”.
Consequential amendments
48The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part IV by adding after
New Brunswick Liquor Corporation
the following:
New Brunswick Highway Corporation
Consequential amendments
49Schedule A of New Brunswick Regulation 85-68 under the Right to Information Act is amended by adding after
New Brunswick Geographic Information Corporation
the following:
New Brunswick Highway Corporation
Consequential amendments
50Subsection 5(3) of the Telephone Companies Act, chapter T-2 of the Revised Statutes, 1973, is amended by adding “or, if in respect of a highway that is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Chief Highway Engineer”.
SCHEDULE A
Column I
Column II
Section
Category of Offence
  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
37(1)..............
C
1996, c.42, s.7; 1997, c.50, s.19; 1997, c.64, s.17
N.B. This Act is consolidated to June 16, 2023.