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2021, c.11
- An Act to Amend the Highway Act
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2021, c.11
An Act to Amend the
Highway Act
Assented to June 11, 2021
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1
Paragraph 23d) of the French version of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is repealed and the following is substituted:
(
d
)
entrer sur tout terrain en vue de construire des canalisations pour évacuer les eaux d’une route et de les maintenir en bon état,
2
Subsection 39(10) of the Act is amended
(
a
)
in paragraph (a) by striking out “abutting that highway where those lands” and substituting
“that”
;
(
b
)
in paragraph (c) by adding the following after subparagraph (ii):
(ii.1
)
public highway access lying outside the boundaries of a local government,
3
Paragraph 69(1)c) of the French version of the Act is repealed and the following is substituted:
(
c
)
modifie toute route ou remblaie ou obstrue tout fossé, tout cours d’eau ou toute canalisation construit en vue d’évacuer les eaux d’une route,
4
The Act is amended by adding after section 70 the following:
Immunity for liability in nuisance
70.01
The Minister shall not be liable in an action in nuisance, if the damage is the result of
(
a
)
water overflowing from a water or wastewater system, drain, ditch or watercourse due to excessive snow, ice, mud or rain,
(
b
)
the construction, operation or maintenance of a system or facility for the distribution of water or for the collection, conveyance, treatment or disposal of wastewater, storm water or both,
(
c
)
the alteration of a highway, or
(
d
)
the filling up or obstruction of a ditch, water course or drain constructed for the purpose of carrying off water from a highway.
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