Acts and Regulations

2010-55 - Highway Usage

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2010-55
under the
Highway Act
(O.C. 2010-137)
Filed April 1, 2010
Under sections 44.1 and 67 of the Highway Act, the Minister, with the approval of the Lieutenant-Governor in Council, makes the following Regulation:
Citation
1This Regulation may be cited as the Highway Usage Regulation - Highway Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Highway Act.(Loi)
“level I highway” means a highway designated a level I controlled access highway under subsection 38(1) of the Act.(route de niveau I)
“level II highway” means a highway designated a level II controlled access highway under subsection 38(1) of the Act.(route de niveau II)
“work” means (ouvrage)
(a) a building, structure, wire, cable, line, transmission line, pole, track, pipe, pipeline, main, aqueduct, sewer, conduit, device, equipment or sign,
(b) a recreational trail, including a walking trail, all-terrain vehicle trail and snowmobile trail,
(c) a parking lot, service lot or storage lot, and
(d) an ecological reserve.
2020, c.16, s.5
Permits under paragraph 44.1(9)(c) of the Act
3In addition to the purposes referred to in paragraphs 44.1(9)(a) and (b) of the Act, the Minister may, for the purposes of paragraph 44.1(9)(c) of the Act, issue highway usage permits for the purpose of the development, construction, repair, maintenance or operation of a work within the limits of a highway.
Persons required to hold permit
4Any person who intends to erect, place, construct, develop, repair, maintain or operate a work within the limits of a highway or who intends to excavate, mine or quarry under, across, through or along a highway shall be required to hold a highway usage permit.
Prerequisite authorizations
5(1)Before a person applies for a highway usage permit, the person shall obtain all permits, licences and other federal and provincial authorizations required for the work.
5(2)No person shall apply for a highway usage permit with respect to the construction, development, repair, maintenance or operation of an all-terrain vehicle trail or a snowmobile trail unless the trail is identified as a snowmobile managed trail or an all-terrain vehicle managed trail in accordance with the Off-Road Vehicle Act.
2020, c.16, s.5
Application for permit
6(1)An application for a highway usage permit shall be made to the Minister on the form provided by the Minister and be accompanied by a non-refundable application fee of $100.
6(2)The application shall be supported by the following information:
(a) the reasons for the application;
(b) the specifications for the proposed work and its exact location;
(c) the method of construction or development of the proposed work;
(d) the estimated value of the proposed work;
(e) the degree of disturbance that the construction or development of the proposed work may cause to the highway;
(f) the expected duration of the construction or development of the proposed work;
(g) the requested duration of the highway usage permit;
(h) a plan of the proposed work drawn to a scale of at least 1:1000 showing
(i) complete details of the proposed work, including its front, rear and side elevations, and
(ii) the materials to be used in the construction or development of the proposed work;
(i) a site plan of the proposed work drawn to a scale of at least 1:1000 showing
(i) the dimensions of the proposed work, including its location within the highway,
(ii) the location of any roadways, water, wooded areas, wells and existing works, and
(iii) the layout of the proposed work; and
(j) any other information required by the Minister.
Security
7At the request of the Minister, an applicant for a highway usage permit shall provide a performance bond and a labour and material payment bond, or other security acceptable to the Minister, in an amount and form acceptable to the Minister.
Liability insurance
8An applicant for a highway usage permit shall obtain and maintain general liability insurance in full force at all times during the term of the highway usage permit that
(a) is issued by an insurance company licensed to do business in the Province,
(b) provides coverage for all liability that could result from the construction, development, repair, maintenance or operation of the work,
(c) provides coverage for sudden and accidental pollution for all insured perils,
(d) insures the permit holder, the Minister, Her Majesty in right of the Province and their respective agents, and
(e) is in an amount approved by the Minister.
Undertakings
9The applicant for a highway usage permit shall provide the following undertakings:
(a) to comply with all laws of the Province and of Canada applicable to the work, including environmental laws and occupational health and safety laws;
(b) to comply with the Work Area Traffic Control Manual developed by the Minister;
(c) to do no damage to the highway right-of-way;
(d) to not disturb the travelled portion of the highway; and
(e) to make full compensation for any damages resulting from the construction, development, repair, maintenance or operation of the work.
Annual fees
10(1)The holder of a highway usage permit or a party to a usage agreement under subsection 44.1(4) of the Act shall pay the following annual fees to erect, place, construct, develop, repair, maintain or operate a work:
(a) $500 for each sign;
(b) for a building, structure, pole, device, equipment, parking lot, service lot, storage lot or ecological reserve the greater of
(i) $0.25 for each square metre or portion of a square metre of the surface area of the highway covered by the work, whether the work is located above, on or under ground level, or
(ii) $500;
(c) for any other work,
(i) in the case of a level I highway or a level II highway
(A) if the work is placed above or on ground level, $2,500 for each kilometre or part of kilometre along which the work extends, or
(B) if the work is placed underground, $250 for each kilometre or part of kilometre along which the work extends;
(ii) in the case of any other highway
(A) if the work is placed above, on or under ground level along an arterial highway, $75 for each kilometre or part of kilometre along which the work extends,
(B) if the work is placed above, on or under ground level along any other highway, $37.50 for each kilometre or part of kilometre along which the work extends.
10(2)Municipalities and rural communities are exempt from the fee set out in paragraph (1)(a).
10(3)The holders of a highway usage permit issued for the purpose of the construction, development, repair, maintenance or operation of a recreational trail are exempt from the fees set out in paragraph (1)(c).
10(4)The annual fees set out in subsection (1) are due and payable on April 1 of each fiscal year.
10(5)If a highway usage permit is valid for only a portion of a fiscal year, the annual fees payable shall be proportionate to the number of months or portions of months of the fiscal year during which the permit is valid.
10(6)If an annual fee is paid and it is later determined that the fee should have been proportioned under subsection (5), the Minister shall, on application, give a rebate in the appropriate proportion to the holder of the highway usage permit.
Fee for crossing a highway
11On issuance of a highway usage permit, the holder of the permit shall pay the following fees for each location the work crosses a highway, whether crossing over, on or under the ground level of the highway:
(a) if the highway is a level I highway or level II highway, $2,000;
(b) for any other highway, $400.
Completion of construction or development
12(1)Any construction or development shall be completed in compliance with the specifications contained in the application for the highway usage permit and in accordance with the terms and conditions of the permit.
12(2)When construction or development is complete, the holder of the highway usage permit shall return the highway to its original condition or to the condition required by the Minister.
Access
13The holder of a highway usage permit and the holder’s agents shall
(a) during the erection, placement, construction, repair, maintenance or operation of the work, preserve a free and uninterrupted passage to and over the travelled portion of the highway,
(b) maintain free and unobstructed access to the right-of-way of the highway to permit the Minister and his or her agents to use the right-of-way of the highway and to enable maintenance or repairs to be carried out.
Repairs and maintenance
14(1)Before repairing or performing maintenance to a work subject to a highway usage permit, the holder of the permit shall request authorization for the repair or maintenance from the Minister.
14(2) The Minister may, at his or her discretion, grant the authorization for the repair or maintenance to the work.
14(3)Any repairs or maintenance to a work shall be completed in accordance with the terms and conditions set out in the highway usage permit and in accordance with any other terms and conditions imposed by the Minister in writing.
14(4)Despite subsection (1), in the case of an emergency, the holder of a highway usage permit may undertake repairs to a work without requesting the prior authorization of the Minister.
14(5)If repairs are made to a work in an emergency, the holder of the highway usage permit shall immediately forward a detailed report of the emergency and the repairs made to the work to the Minister.
14(6)On receiving the report under subsection (5), the Minister may require the holder of the highway usage permit to make any further repairs to the work that he or she considers appropriate.
Extending, relocating, diverting or changing a work
15(1)Before extending, relocating, diverting or changing a work subject to a highway usage permit, the holder of the permit shall apply to the Minister to amend the permit.
15(2)Sections 5 to 14 apply with the necessary modifications to any extension, relocation, diversion or change to a work.
Abandon or move a work
16(1)The holder of a highway usage permit may not abandon or move a work, or any portion of the work, without the prior written approval of the Minister.
16(2)The approval under subsection (1) shall be subject to the terms and conditions the Minister considers appropriate.
Transfer or assignment of permit
17(1)A holder of a highway usage permit shall not transfer or assign the permit without the prior written approval of the Minister.
17(2)The transfer or assignment of a highway usage permit is subject to the payment of a fee of $50.
Suspension or cancellation of permit
18(1)The Minister may suspend or cancel a highway usage permit if, in the opinion of the Minister, the permit was issued in error or based on incomplete or inaccurate information.
18(2)The Minister may suspend or cancel a highway usage permit of a holder of a highway usage permit who violates or fails to comply with the provisions of the Act or this Regulation, the terms or conditions of the permit or an order, approval or direction of the Minister.
Repeal
19New Brunswick Regulation 97-137 under the Highway Act is repealed.
N.B. This Regulation is consolidated to January 1, 2021.