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.
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.