Acts and Regulations

2009-156 - Highway Usage

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2009-156
under the
New Brunswick Highway Corporation Act
(O.C. 2009-506)
Filed November 20, 2009
Under sections 10.1 and 38 of the New Brunswick Highway Corporation Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Highway Usage Regulation - New Brunswick Highway Corporation Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the New Brunswick Highway Corporation Act. (Loi)
“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.7
Permits under paragraph 10.1(9)(c) of the Act
3In addition to the purposes referred to in paragraphs 10.1(9)(a) and (b) of the Act, the Corporation may, for the purposes of paragraph 10.1(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 wishes 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 or 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 all-terrain vehicle managed trail in accordance with the Off-Road Vehicle Act.
2020, c.16, s.7
Application for permit
6(1)An application for a highway usage permit shall be made to the Corporation on the form provided by the Corporation and be accompanied by a non-refundable application fee of $100 payable to the Corporation.
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 existing roadway, water, wooded area, well or existing work, and
(iii) the layout of the proposed work; and
(j) any other information required by the Corporation.
Security
7At the request of the Corporation, the applicant for a highway usage permit shall provide a performance bond and a labour and material payment bond or other security acceptable to the Corporation in an amount and form acceptable to the Corporation.
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 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 Crown in right of the Province, the Corporation and their respective agents, and
(e) is in an amount approved by the Corporation.
2023, c.17, s.172
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 of Transportation and Infrastructure;
(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.
2010, c.31, s.98
Annual fees
10(1)The holder of a highway usage permit 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 over, on or under ground level, or
(ii) $500;
(c) for any other work,
(i) if the work is placed above or on ground level, $2,500 for each kilometre or part of a kilometre of a highway along or across which the work extends,
(ii) if a cable or line is installed underground, $250 for each kilometre or part of a kilometre of a highway along or across which the cable or line extends, and
(iii) if a pipe, main, aqueduct or sewer line is installed underground, the greater of
(A) $250 for each kilometre or part of a kilometre of the highway along or across which the pipe, main, aqueduct or sewer line extends, or
(B) $2,500.
10(2)Local governments 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 to the Corporation on April 1 of each fiscal year.
10(5)If the highway usage permit is valid for only a portion of the fiscal year, the fee payable shall be proportionate to the number of months or portions of months of that 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 Corporation shall, on application, give a rebate in the appropriate proportion to the holder of the highway usage permit.
2014-3; 2017, c.20, s.117
Fee for crossing a highway
11On issuance of a highway usage permit, the holder of the permit shall pay a fee of $2,000 to the Corporation for each location the proposed work crosses over, on or under the ground level of a highway.
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 Corporation.
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 Corporation and its 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 Corporation.
14(2) The Corporation may, at its 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 any other terms and conditions imposed by the Corporation in writing.
14(4)Despite subsection (1), in the case of an emergency, the holder of a highway usage permit may undertake repairs to the work without requesting the prior authorization of the Corporation.
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 Corporation.
14(6)On receiving the report under subsection (5), the Corporation may require the holder of the highway usage permit to make any further repairs to the work that it 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 Corporation 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 remove a work
16(1)The holder of a highway usage permit shall not abandon or remove a work, or any portion of the work, without the prior written approval of the Corporation.
16(2)The approval of the Corporation under subsection (1) shall be subject to any terms and conditions it considers appropriate.
Transfer or assignment of permit
17(1)The holder of a highway usage permit shall not transfer or assign a highway usage permit without the prior approval in writing of the Corporation.
17(2)The transfer or assignment of a highway usage permit is subject to the payment of a fee of $50 payable to the Corporation.
Suspension or cancellation of permit
18(1)The Corporation may suspend or cancel a highway usage permit if, in the opinion of the Corporation, the permit was issued in error or based on incomplete or inaccurate information.
18(2)The Corporation may suspend or cancel the 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 approval, order or direction of the Corporation.
N.B. This Regulation is consolidated to June 16, 2023.