2(1)The Minister shall administer this Act and may designate persons to act on the Minister’s behalf.

2(2)Without limiting the generality of subsection (1), the Minister may authorize, in writing, persons to execute agreements and contracts incidental to the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, highways and ferries, as the case may be, and such agreements and contracts when so executed bind the Crown.

2(3)A contract or undertaking that is not signed by the Minister or by a person designated under subsection (1) or a person authorized to do so under subsection (2) is not binding on the Crown.

5(1)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into and amend an agreement or contract with the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, a highway or a ferry, as the case may be.

5(1.1)Subject to subsection (1.2), the Minister may enter into and amend an agreement or contract with any person other than the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, a highway or a ferry, as the case may be.

5(1.2)The Minister may enter into and amend an agreement or contract referred to in subsection (1.1)

5(2)Despite any other provision of this Act or the regulations or any provision of any other Act of the Legislature or a regulation under that Act, the Minister may, by agreement or contract entered into under this section, grant a lease or licence to build and operate on a highway or ferry a business operation that, in the opinion of the Minister, would provide a service to persons using the highway or ferry, including in the lease or licence authority to build or erect such buildings or structures on the highway or ferry as the Minister considers appropriate, and establish the fee for the lease or licence that the Minister considers appropriate.

8(1)Any action or other proceeding for the enforcement of a contract made by the Minister or for the recovery of damages to any highway or for the enforcement of any right in respect of a highway may be instituted in the name of the Minister.

8(2)Nothing in subsection (1) impairs the right of the Crown to institute or maintain an action, suit or proceeding by the Attorney General or otherwise to prevent any trespass or injury or for a breach of contract or to recover damages therefor.

8.1(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 under the administration and control of the Minister, whether on, over or under the highway.

8.1(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 5(2).

12.1(1)Despite section 12 and despite section 55 of the Financial Administration Act and any other Act of the Legislature, the Minister, without the approval of the Lieutenant-Governor in Council, may enter into an agreement or contract for the sale of land or property that is no longer required for highway purposes and may convey the land or property by a deed of conveyance signed by the Minister and under the Great Seal of the Province if the land or property has an appraised value of less than $150,000.

12.1(2)The appraised value of land or property no longer required for highway purposes shall be determined by a member of the New Brunswick Association of Real Estate Appraisers / Association des évaluateurs immobiliers du Nouveau-Brunswick holding the designation of Canadian Residential Appraiser (CRA) or Accredited Appraiser Canadian Institute (AACI), as applicable.

12.1(3)If a sale of land or property no longer required for highway purposes is made in the circumstances set out in this section, the proceeds of the sale shall be accounted for as public money or, on the direction of the Minister, be deposited to the credit of the Land Management Fund established under the Public Works Act.

12.1(4)Despite section 12 and despite section 55 of the Financial Administration Act and any other Act of the Legislature, the Minister, without the approval of the Lieutenant-Governor in Council, may release an easement if the easement is on land or property that is no longer required for highway purposes, and the release of easement shall be signed by the Minister and under the Great Seal of the Province.

12.2(1)Where the Minister sells land or property or releases an easement under section 12.1, the Minister shall provide to Executive Council a report on all such transactions in such form as is approved by Executive Council.

12.2(2)A report under subsection (1) shall be submitted for the six month period after the commencement of this section and for every six month period thereafter, and shall be submitted no later than one month after each six month period.

12.2(3)A report under subsection (1) shall be published in The Royal Gazette no later than one month after the report is accepted by Executive Council.

13(1)The Minister may

13(2)The Minister may trade any equipment, machinery or implements no longer required for highway purposes as a credit toward the purchase of new equipment, machinery or implements required for highway purposes.

15(1)The Minister may designate roads as highways by filing in the appropriate land registration office

15(2)Those roads that have been designated as highways in accordance with this section are highways for the purposes of this Act.

15(3)Where the Minister has designated roads as highways under this section, the Minister shall publish in The Royal Gazette a notice that the Minister has designated those roads as highways under this section.

15(4)The Minister may amend a designation made under subsection (1) to add or delete roads as designated highways, or for any other purpose, and in so amending the designation may

15(5)Where the Minister causes a highway or portion thereof to be discontinued under section 33, the designation under subsection (1) is deemed to be amended accordingly.

15(6)A highway designated under this section includes bridges and other structures incidental to the highway.

17(1)The Minister may acquire land within a development area by purchase or expropriation, when the land is required for and in connection with a highway, whether by the Minister or by the New Brunswick Highway Corporation.

17(2)Where the Minister is negotiating the purchase of land in a development area and the owner indicates that in the event of a sale the owner wishes to retain possession or the right to possession of the land for any period of time or until it is required for or in connection with a highway, the Minister shall negotiate with that owner in good faith and shall lease that land to that owner until it is required for or in connection with a highway.

17(3)Where land lying within a development area is expropriated, the Minister may lease that land until it is required for or in connection with a highway.

17(4)The Minister may terminate any lease granted under subsection (2) or (3), despite the term of the lease, by giving the lessee 30 days’ notice in writing to vacate and by sending that notice by registered mail to the lessee.

18(1)Where land is made subject to a declaration under section 16 the owner of the land may, at any time after the declaration is made, request the Minister to purchase that land.

18(2)If the Minister, within two years after receipt of the request to purchase land under subsection (1), does not purchase the land made subject to that request to purchase, then that land ceases to be subject to the declaration made under section 16.

21(1)Subject to subsection (2), where land within a development area is expropriated under section 17, the owner shall be compensated for that land as though the land were not in a development area.

21(2)Where an owner of land within a development area contravenes section 19, no compensation shall be paid to the owner for any increase in value resulting therefrom.

28(1)The Minister or an agent of the Minister without compensating the owner thereof or of any lands abutting the same,

28(2)If any resistance or opposition is made by any person to a removal or demolition authorized under paragraph (1)(b), a judge of The Court of King’s Bench of New Brunswick, on production of a certificate referred to in section 29 and after notice to show cause given in the manner that the judge prescribes, may issue a warrant to the sheriff for the judicial district within which the highway is situated directing the sheriff to put down the resistance or opposition and to put the Minister or an agent of the Minister in possession of the highway.

28(3)The sheriff shall make a return of the warrant under subsection (2) and of the manner in which it was executed to the clerk of The Court of King’s Bench of New Brunswick for the judicial district.

30(1)All highways existing on the coming into force of paragraph 9(b) of Schedule A of the Metric Conversion Act, except those laid out and recorded as two-rod highways, shall, until the contrary is proved, be deemed to have been laid out four rods in width.

30(2)All highways that are laid out after the coming into force of paragraph 9(b) of Schedule A of the Metric Conversion Act shall be at least 20 m in width unless the Lieutenant-Governor in Council otherwise orders.

30(3)The Lieutenant-Governor in Council, on recommendation of the Minister and if satisfied that a width of less than 20 m is sufficient for highway purposes, may order that a highway be laid out less than 20 m but not less than 10 m in width.

30(4)Where any doubt or dispute as to the boundaries of a highway arises a line drawn along the centre line of the travelled portion of such highways shall be deemed to be the centre line of such highway.

31(1)Notwithstanding the Community Planning Act, the Minister with the approval of the Lieutenant-Governor in Council may establish the standards to be met in the construction of a road or street by a person who lays out and constructs a road or street in a village, rural community or regional municipality.

31(2)Where a village, rural community or regional municipality makes a subdivision by-law prescribing standards for the laying out of streets, the Minister may exempt the village, rural community or regional municipality from the application of the standards established under subsection (1).

31(3)Subject to subsection (2), a person who constructs or causes to be constructed a road or street contrary to the standards established in accordance with subsection (1) commits an offence.

32(1)The title to the soil and freehold of highways vested in the Crown under Chapter 6 of 4 Edward VII (1904), which Chapter was repealed by Chapter 34 of 8 Edward VII (1908), is hereby declared to be vested in the owners of lands abutting the highways on April 21, 1927 and in the successors in title to such owners, in the same manner as the title was vested in the owners of lands abutting the highways before the passing of the first mentioned Chapter.

32(2)The Lieutenant-Governor in Council may declare by proclamation that any highway shall cease to be under the control of the Minister after a day named in the proclamation and such highway shall after such day be under the jurisdiction of the local government in which it is situated.

32(3)The soil and freehold of every highway owned by the Crown to which a proclamation under subsection (2) relates shall be vested in that local government named in the proclamation under subsection (2).

33(1)Where in the opinion of the Minister a highway or road or any portion of a highway or road is not required for use by the public, the Minister may cause such highway or road or portion thereof to be discontinued

33(2)Where the discontinuance of a highway or road or portion thereof would isolate any property from a highway or where buildings are located along the land abutting a highway or road, the Minister shall not cause such highway or road or portion thereof to be discontinued unless in the Minister’s opinion adequate access to a highway is provided.

33(3)Where a highway or road or portion thereof is discontinued under this section, all rights of the public to pass over the discontinued highway or road or portion thereof cease.

33(4)The discontinuance of any highway or road or portion thereof prior to the coming into force of this section under the authority of this or any previous Act with respect to public highways is hereby ratified and confirmed, and subsection (3) applies thereto as if the discontinuance was effected under this section.

34(1)The Minister, if of the opinion that it is necessary or advisable, may close temporarily, permanently or for a specified period of time any highway or portion of a highway, other than a highway that is under the administration and control of the New Brunswick Highway Corporation or a project company, by causing to be posted on the highway or portion signs or notices to the effect that the highway or portion is closed temporarily, permanently 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, permanently 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 Minister and that the highway or portion of a highway is closed temporarily, permanently or for a specified period of time.

34(1.1)The Minister may limit the closing of any highway or portion thereof under subsection (1) to a specified class of motor vehicle.

34(3)Where a person operates or causes to be operated on a highway a motor vehicle when the highway is closed under this section, that person commits an offence.

34.1(1)Upon application and upon payment of any fee prescribed by regulation, the Minister may issue a permit in such form and subject to such terms and conditions as the Minister may determine, authorizing a person to operate a motor vehicle or cause a motor vehicle to be operated on a highway or portion of a highway that is closed under subsection 34(1).

34.1(2)Subsection 34(3) does not apply to a person operating a motor vehicle or causing a motor vehicle to be operated on a highway closed by the Minister if the person is acting under, and in accordance with the terms and conditions of, a valid and subsisting permit issued or renewed under this section.

34.1(3)The Minister, in the Minister’s discretion, may cancel or suspend a permit issued or renewed under this section and may reinstate a suspended permit subject to such terms and conditions as the Minister may determine.

34.1(4)Upon payment of any fee prescribed by regulation, the Minister may amend or renew a permit issued under subsection (1), subject to such terms and conditions as the Minister may determine.

35(1)No road constructed by a person other than the Minister or a person acting on the Minister’s behalf shall become a highway for the purposes of this Act until the Minister certifies that the Minister accepts the road as a highway for the purposes of this Act and amends the designation under section 15 accordingly.

35(2)Despite the Community Planning Act, the Minister may accept a road or street as a highway by certifying that the Minister accepts the road or street as a highway for the purposes of this Act and amends the designation under section 15 accordingly.

36(1)In this section

36(2)The Minister, if of the opinion that the operation of a vehicle may cause damage to a highway, may impose weight restrictions with respect to that highway at the time and for the period the Minister considers necessary by causing to be posted on the highway a sign indicating a maximum weight restriction for a vehicle, or a maximum weight restriction per axle or combination of axles of a vehicle, and the restriction takes effect when the sign is posted.

36(3)The Minister may impose a height restriction, a weight restriction or both with respect to a bridge by causing to be posted on the bridge a sign indicating a maximum height restriction for a vehicle, a maximum weight restriction for a vehicle, a maximum weight restriction per axle or combination of axles of a vehicle or any combination of those restrictions, and the restriction takes effect when the sign is posted.

36(4)Evidence of the existence on a highway or bridge of a sign indicating a weight restriction, a height restriction or both is proof, in the absence of evidence to the contrary, that the sign was posted and maintained under the authority of the Minister, and of the weight restriction, the height restriction or both, imposed with respect to the highway or bridge.

36(5)The Minister may amend or cancel a sign posted under subsection (2) or (3) at any time.

36(6)The Minister may, in addition to posting a sign under subsection (2) or (3), give notice of a weight or height restriction by such other means as the Minister considers expedient, but failure to give notice under this subsection does not invalidate the weight or height restriction.

36(7)If a person, excepting a person acting under and in accordance with a special permit issued under subsection (12), operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect and the weight of the vehicle including any load, or the weight per axle or combination of axles, as the case may be, is in excess of the weight restriction, that person commits an offence.

36(8)If a person operates a vehicle on or under a bridge with respect to which a height restriction is in effect and the height of the vehicle including any load is in excess of the height restriction, that person commits an offence.

36(9)If a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect and the weight of the vehicle including any load is in excess of the weight restriction, that person shall, in addition to any fine imposed under the Provincial Offences Procedure Act, be ordered to pay a penalty calculated on that excess weight in accordance with regulations.

36(10)If a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect with a weight per axle or combination of axles in excess of the weight restriction, that person shall, in addition to any fine imposed under the Provincial Offences Procedure Act, be ordered to pay a penalty calculated on that excess weight in accordance with regulations.

36(11)If a person operates a vehicle or causes a vehicle to be operated on a highway or on or under a bridge with respect to which a weight restriction, a height restriction or both are in effect and the weight of the vehicle including any load, or the weight per axle or combination of axles, as the case may be, is in excess of the weight restriction or the height including any load is in excess of the height restriction and, by doing so, causes damage to the highway or bridge, the owner and the operator of the vehicle are jointly and severally liable to the Crown for the damage.

36(12)Upon application, the Minister may, in accordance with the regulations, issue a special permit, subject to the terms and conditions the Minister considers appropriate, authorizing the operation or movement of

36(13)A special permit may permit the holder or other person acting under and in accordance with the permit to operate or move a vehicle that exceeds weight restrictions imposed with respect to a highway or a bridge, as the case may be, subject to the terms and conditions set out in the permit.

36(14)The issuance of a special permit does not affect the liability imposed on any person by subsection (11).

36(15)Weight restrictions imposed with respect to a bridge do not apply to

37(1)In this section

37(2)Any commercial vehicle inspector may

37(3)A person who fails or refuses to comply with a demand or direction made or given to the person by a commercial vehicle inspector under subsection (2) commits an offence.

37(4)Any commercial vehicle inspector, for the purposes of making a demand under paragraph (2)(a) or (b), may

37(5)An operator or a person having care or control of a vehicle who fails or refuses to comply with a signal to stop or with a direction as to the operation of the vehicle given to the operator or person by a commercial vehicle inspector under subsection (4) commits an offence.

37(7)The Minister may in writing designate a person as being qualified

37(9)A person who has been designated under paragraph (7)(a) shall be deemed to be a qualified technician and a person designated under paragraph (7)(b) shall be deemed to be a person qualified to test, determine and certify the accuracy of any approved weighing device.

37(10)A certificate of a qualified technician stating that the technician has weighed a vehicle or an axle or axles of a vehicle by means of an approved weighing device and stating the result of the weighing is evidence

37(11)A certificate of a person designated under paragraph (7)(b) stating that the person has tested an approved weighing device and stating the accuracy of the approved weighing device is evidence of the statements contained in the certificate without proof of the appointment, authority or signature of the person appearing to have signed the certificate.

37(12)No certificate referred to in subsection (10) or (11) shall be received in evidence unless the party intending to produce it has, before the trial, given to the accused reasonable notice of the intention together with a copy of the certificate.

37(13)Any person against whom a certificate described in subsection (10) or (11) is produced may, with leave of the court, require the attendance of the person signing the certificate for the purposes of cross-examination.

37(14)Where in any proceedings respecting an offence under subsection 36(7), a vehicle, or an axle or axles of a vehicle, have been weighed under a demand made under subsection (2), evidence of the results of the weighing is, in the absence of evidence to the contrary, proof of the weight of the vehicle, of the weight per axle or axles of the vehicle or of the weight distribution of the vehicle at the time when the offence is alleged to have been committed, if

37(15)The Registrar of Motor Vehicles under the Motor Vehicle Act may issue a certificate stating that a vehicle is or was on a specified date registered in the name of a specified person and that the permissible weight for which the vehicle is or was registered on the specified date is as stated in the certificate, and any such certificate purporting to be signed by the Registrar shall be

37(16)Operators or other persons having care or control of a vehicle shall care for material they have unloaded from the vehicle at their own risk, where they have been

39(1)In this section

39(2)Subject to subsections (10), (13), (14) and (18), no person shall construct, use, open or permit the use of any private road, entrance way, driveway or gate or any local government road or street intended for or capable of providing access to any part of a highway designated to be a controlled access highway.

39(3)The Minister, by order, may direct the closure or the closure and removal of any access to a controlled access highway constructed, used or opened in violation of this section.

39(4)An order made under subsection (3) may be directed to one or more persons, one of whom may be the owner of the land in respect of which the access is constructed, used or opened.

39(5)An order made under subsection (3) shall

39(6)A person served with an order in accordance with paragraph (5)(b) shall comply with the order.

39(7)If a person served with an order in accordance with paragraph (5)(b) fails to comply with the order within the time limit established in the order, the Minister may cause the action specified in the order to be undertaken and may recover the costs of undertaking that action from that person in any court of competent jurisdiction.

39(8)For the purpose of enforcing an order made under subsection (3), the Minister, together with such persons, materials and equipment the Minister considers necessary, may enter upon any lands, using the force the Minister considers necessary, and may take such further action the Minister considers necessary.

39(9)If a person served with an order in accordance with paragraph (5)(b) fails to comply with the order, the Minister 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:

39(10)If the Minister is satisfied that the public interest is not adversely affected, the Minister, on payment of any fee prescribed by regulation, may issue a permit, in the form and subject to the terms and conditions that the Minister determines, authorizing access to a controlled access highway for the following purposes:

39(13)The Minister, on being satisfied that the public interest is not adversely affected and upon payment of any fee prescribed by regulation, may issue a temporary permit to the Province, an agent of the Province, a provincial Crown corporation, the holder of a lease or licence granted under subsection 6(6) of the New Brunswick Highway Corporation Act or under subsection 5(2), or any person with whom any of them has made a contract, and their employees and agents, in such form and subject to such terms and conditions as the Minister may determine, permitting access to a controlled access highway for the purpose of carrying out construction, improvement, maintenance or repair work or conveying materials for those purposes during the period of time stipulated on the permit.

39(14)The Minister, on being satisfied that the public interest is not adversely affected and upon payment of any fee prescribed by regulation, may issue a permit in such form and subject to such terms and conditions as the Minister may determine, permitting access to a controlled access highway that would otherwise be prohibited under this section, if the access was constructed, used or opened before the highway or the portion of a highway on which the access is located was designated to be a controlled access highway under one of the categories referred to in paragraph 67(1)(h).

39(15)The Minister may, in the discretion of the Minister, cancel any permit issued under this section.

39(16)The Minister shall cause to be maintained a record of all permits issued under this section and that record shall be open to public inspection.

39(18)Subject to this section, the Minister may construct farm crossings over any highway ditch for the purpose of giving access to the travelled portion of a highway from lands abutting the highway.

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 local government 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.

39.1(1)No person shall construct, use or permit the use of any private road, entrance way, driveway or gate or any local government road or street intended for or capable of providing access to any part of a highway that has not been designated to be a controlled access highway without obtaining a permit from the Minister.

39.1(2)The Minister may grant an application for a permit under subsection (1) if the proposed access, in the Minister’s opinion, would not be inconsistent with such safety standards as have been established by regulation respecting access to highways that have not been designated to be controlled access highways.

43(1)The Lieutenant-Governor in Council may make regulations

43(2)A person who, contrary to any such regulations, erects, maintains, pastes, paints or exposes an advertisement or permits an advertisement to be erected, maintained, pasted, painted or exposed, commits an offence.

43(3)Any person who destroys or defaces any advertisement, either lawfully authorized under this section or the property of the Crown, commits an offence.

43(4)The owner or occupant of land upon which an advertisement is erected, maintained, pasted, painted or exposed contrary to such regulations, who fails to remove the advertisement within ten days after receipt of notice from the Minister requiring him to do so commits an offence.

43(5)The notice referred to in subsection (4) may be served personally or by letter, postage prepaid and registered, addressed to the owner or occupant at his nearest post office, and is deemed to be received on the third day following the day of service or mailing.

43(6)If any advertisement is erected, maintained, pasted, painted or exposed contrary to this section or the regulations made under this section or if the Minister is satisfied that any advertisement constitutes an immediate hazard that interferes with safe use of a highway, the Minister may, with or without notice to any interested person, remove the advertisement or cause it to be removed by the officers, agents or servants of the Minister, and the Minister and those officers, agents or servants have for that purpose full power and authority to enter into and upon any land or building with or without the consent of any interested person to dispose of the advertisement in accordance with the directions of the Minister.

43(7)In this section the word “advertisement” includes any sign, placard, boarding, bill board or any other form or means or device whatsoever of public notice or announcement whether erected, pasted or painted, and also includes any sign, placard, boarding or bill board or other device or medium intended, suitable or adapted as a form or means of public notice or announcement whether or not the same is at the time actually used for such purpose.

43(8)Nothing in this section affects any traffic control device erected by or with the approval of the Minister.

44.1(1)In this section

44.1(2)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.

44.1(3)The Minister has the exclusive right to determine what, if any, use may be made of any highway or the land on, under or over which any highway is situated and may, by regulation, establish fees payable for any right to use any such land or any highway.

44.1(4)Every usage agreement shall, on the commencement of this subsection, be deemed

44.1(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 shall be paid 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

44.1(6)No action, application or other proceeding lies or shall be instituted against the Minister or the Crown as a result of the enactment of this section or the regulations made in relation to it.

44.1(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 Minister or the Crown, as a result of the enactment of this section or the regulations made in relation to it.

44.1(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).

44.1(9)The Minister may, in accordance with the regulations and in the Minister’s discretion, issue highway usage permits, permitting the holder and persons acting under the authority of the permit

44.1(10)The Minister may, in the Minister’s discretion

44.1(11)No compensation shall be paid to any person by the Minister or the Crown in relation to

44.1(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 that highway or land unless doing so under and in accordance with the required highway usage permit.

44.1(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.

44.1(14)The Minister 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).

44.1(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 Minister 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 Minister directs.

44.1(16)Subsections 39(4) to (8) apply with the necessary modifications to an order made under subsection (15).

44.1(17)If a person served with an order under subsection (15) fails to comply fully with the order, the Minister 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:

44.1(18)Nothing in this section shall be construed as giving the Minister authority to control, restrict, charge fees or require a highway usage permit, in relation to the ordinary passage of pedestrian or vehicular travel from one place to another along a roadway.

44.1(18.1)Subsections (9) to (12) do not apply to the granting of a lease or licence under subsection 5(2), to persons acting under such a lease or licence or to the lands in relation to which such a lease or licence is granted.

44.1(19)Where an offence under subsection (12) or (13) continues for more than one day,

44.1(20)The Crown is bound by the provisions of this section and the regulations made in relation to it.

45(1)A company, a telephone or a telegraph company, an electric railway or other electric company, and a steam railway, oil, gas, water or public service company shall remove any of its poles and wires connected therewith or any of its tracks, switches, spurs or oil, gas or water pipes, mains or conduits or other objects when, in the opinion of the Minister, they constitute an obstruction in a highway or interfere with the construction, improvement, maintenance, repair or use thereof.

45(2)If, in the Minister’s opinion, a company is causing an obstruction or interference referred to in subsection (1), the Minister may cause to be served on the company a notice directing the removal of the obstruction or interference, and if the company does not within five days after service of the notice proceed to remove the obstruction or interference and complete the removal within a reasonable time, the Minister or an agent of the Minister may remove the obstruction or interference and the expenses incurred in doing so may be recovered by action in the name of the Minister in any court of competent jurisdiction.

45(3)This section does not prejudice the right of any such company to be or remain within the limits of a highway by virtue of any authority or franchise granted to it and any such authority or franchise shall extend to all highways within the meaning of this Act, and to all watercourses, and the Crown is bound by this subsection.

45(4)If a highway to which subsection (1), (2) or (3) relates is under the administration and control of the New Brunswick Highway Corporation or a project company, the New Brunswick Highway Corporation shall have the power and authority of the Minister under that subsection or those subsections, as the case may be, in relation to that highway and that subsection or those subsections, as the case may be, apply with the necessary modifications.

47(1)Subject to subsection (3), the Minister may construct, reconstruct, repair and maintain a provincial-municipal highway, including storm drainage systems, catch basins, curbs and gutters associated with the highway, but shall not carry out or provide for

47(2)Subject to this Act, a local government may carry out or provide for the services listed in paragraphs (1)(a), (b) and (c).

47(3)In addition to the services under subsection (1), the Minister and a local government may carry out or provide for the services prescribed by regulation.

49.1(1)In this section

49.1(2)The Minister may enter into an agreement with a local government providing that either winter maintenance or summer maintenance, or both, shall be performed

49.1(3)When winter maintenance or summer maintenance is performed on a provincial-municipal highway classified as a local highway but no agreement has been entered into under subsection (2), the cost of the maintenance services shall be paid for equally by the Minister and the local government in accordance with this section.

49.1(4)The Minister shall

49.1(5)Where a conflict exists between this section and a provision of an agreement entered into by the Minister under this or any other Act in respect of summer maintenance or winter maintenance, this section prevails.

51.1(1)The Minister may classify any public road that is not a highway as a public non-maintained road.

51.1(2)The Minister is not responsible for the maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of a public non-maintained road even if the Minister has maintained, repaired, replaced, altered, extended, expanded or rehabilitated the public non-maintained road in the past.

51.1(3)Any person who uses a public non-maintained road does so at their own risk.

51.1(4)No action or other proceeding lies or shall be instituted against the Crown or the Minister as a result of the condition of a public non-maintained road.

51.2(1)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into and amend an agreement or contract with the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of a public non-maintained road.

51.2(2)Subject to subsection (3), the Minister may enter into and amend an agreement or contract with any person other than the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of a public non-maintained road.

51.2(3)The Minister may enter into and amend an agreement or contract referred to in subsection (2)

53(1)The Minister shall have the general supervision of construction and maintenance of resource access roads and of all public money allotted for the construction, maintenance and acquisition thereof.

53(2)The Minister may acquire land by purchase, expropriation or otherwise for a resource access road.

53(3)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement or contract with the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, financing, construction, maintenance or control of resource access roads.

53(4)The Minister may enter into an agreement or contract with any person other than the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, financing, construction, maintenance or control of resource access roads

54(1)The classification of a road or highway as a resource access road does not affect the soil rights in the road or highway that were in existence immediately prior to the classification of the road or highway as a resource access road.

54(2)Where the Minister has classified a road as a resource access road but has not acquired the soil rights in the resource access road, the Minister shall compensate the owner of the land to the extent so affected.

55(1)The Minister, by order, may restrict the use of a resource access road having regard to

55(2)The Minister may post an order referred to in subsection (1) on a resource access road or the Department of Transportation and Infrastructure website.

55(3)The restrictions imposed by the Minister on the use of resource access roads may be by any one or all of the following methods:

55(4)Subject to subsections (1) and (2), a resource access road may be used by the general public.

63(1)A contract to which the Minister is a party, for the construction or maintenance of a highway that specifies a date by which or a time within which any work shall be done or material shall be supplied may also provide for a penalty for failure to complete the work or supply the material by that date or within that time.

63(2)The penalty referred to in subsection (1) shall be

63(3)Where a contract for the construction or maintenance of a highway provides for a penalty as mentioned in this section, the amount of the penalty may, to the extent thereof, be withheld from any money payable by the Crown under the contract.

64(1)The Minister, on giving 30 days’ notice in writing by registered mail to the owner of a building lying within the right-of-way of a highway may, on the expiration of the 30-day period, remove that building from the right-of-way if the building is required to be removed due to highway reconstruction or maintenance.

64(2)The Minister may remove a building under subsection (1) by

64(3)No compensation shall be paid under section 24 where the owner of a building made subject to this section has been or may be compensated therefor upon the acquisition by the Crown of all or a portion of that owner’s land containing all or a portion of that building.

65(2)A control line designated by regulation on any side of an arterial highway or collector highway shall not be further from the centre of the right-of-way than one 180 m.

65(3)If a control line is designated by regulation with respect to an arterial highway or collector highway, no person shall construct or place nearer to that highway than the control line any building, erection, structure, storage tank, gasoline pump, driveway, lumber or other article or object other than a fence or sign board, whether above or below the ground, or construct any driveway connecting with such highway.

65(4)The prohibition set out in subsection (3) does not apply to existing buildings, erections, structures, storage tanks, gasoline pumps, sign boards, driveways, lumber or other objects lying between the center line of the arterial highway or collector highway and the control line.

65(5)Where an offence under subsection (3) continues for more than one day,

65(6)The Minister may close up or cause to be closed up any private road, entrance way, or driveway that has been constructed, used, or opened in violation of this section and for such purpose the Minister or a contractor or agent of the Minister may enter, by force if necessary, into and upon any land.

65(7)Despite subsection (3), if the Minister is satisfied that the public interest is not adversely affected, the Minister may issue a permit, in the form, for the term and subject to the terms and conditions that the Minister determines, authorizing a person to construct an entrance way onto a highway for which a control line has been designated by regulation, and the Minister may cancel the permit.

65(8)The Minister shall cause to be maintained a record of all permits issued under this section and that record is open to public inspection.

66.1(1)Subject to subsection 5(2), if the Minister or the Lieutenant-Governor in Council is given any specific power, 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 that is under the administration and control of the New Brunswick Highway Corporation or a project company, that power, right, duty or responsibility may be delegated by regulation to the New Brunswick Highway Corporation, the project company or any other person with whom the New Brunswick Highway Corporation has made an agreement and the regulation may

67(1)The Lieutenant-Governor in Council may make regulations

67(2)A regulation made under paragraph (1)(h) or (i) shall contain, in respect to a highway or a portion of a highway designated as a controlled access highway,

67(3)Despite section 3 of the Regulations Act, a regulation made under paragraph (1)(h) or (i) shall take effect and the highway or portion of a highway to which it relates shall be a controlled access highway on the later of

67(4)A notice of the registration of a regulation made under paragraph (1)(h) or (i) containing sufficient information to identify the controlled access highway shall be posted on the Department of Transportation and Infrastructure website.

67(5)A regulation made under paragraph (1)(bb) shall contain, in respect to a highway or a portion of a highway for which a control line has been designated,

67(6)Despite section 3 of the Regulations Act, a regulation made under paragraph (1)(bb) shall take effect and the control line shall be designated on the later of

67(7)A notice of the registration of a regulation made under paragraph (1)(bb) containing sufficient information to identify the highway or the portion of the highway for which a control line has been designated shall be posted on the Department of Transportation and Infrastructure website.

67(8)A regulation made under paragraph (1)(h), (i) or (bb) shall be registered in the appropriate land registration office.

67(9)Failure to post the notice under subsection (4) or (7) does not affect the validity of the regulation.

69(1)A person commits an offence who

69(2)The owner of a vehicle shall, in the absence of evidence to the contrary, be guilty of any violation of this Act committed by any person operating or in charge of the vehicle and involving the weight of the vehicle including any load or the weight of the vehicle per axle or combination of axles of the vehicle, as the case may be.

69(3)An owner charged with a violation under subsection (2) may be charged as the principal offender but the information or the ticket and notice of prosecution shall show that the charge is laid under that subsection.

70(1)A person who violates or fails to comply with any provision of the regulations commits an offence.

70(2)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.

70(3)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.