Acts and Regulations

N-5.11 - New Brunswick Highway Corporation Act

Section 41
Disposition versions

Full text
Consequential amendments
41The Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended
(a) in section 1 in the definition “highway” by adding after paragraph (b) the following:
(b.1) unless the context indicates otherwise or unless the reference is contained in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act, a highway under the administration and control of the New Brunswick Highway Corporation;
(b) in section 3 by adding “and those highways under the administration and control of the New Brunswick Highway Corporation” after “Municipalities Act”;
(c) by repealing section 10;
(d) in section 12 by adding “by the Minister,” after “is not required”;
(e) in subsection 17(1) by adding a comma followed by “whether by the Minister or by the New Brunswick Highway Corporation” after “a highway”;
(f) in section 39 by adding after subsection (18) the following:
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 municipal 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.
(g) by repealing section 68 and substituting the following:
68Lands that are acquired under this Act or under the New Brunswick Highway Corporation Act for highway purposes by purchase or expropriation, except any portion of those lands lying outside the right-of-way of the highway, constitute a highway for the purposes of this Act unless the context indicates otherwise or unless the highway is referred to in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act.
Consequential amendments
41The Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended
(a) in section 1 in the definition “highway” by adding after paragraph (b) the following:
(b.1) unless the context indicates otherwise or unless the reference is contained in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act, a highway under the administration and control of the New Brunswick Highway Corporation;
(b) in section 3 by adding “and those highways under the administration and control of the New Brunswick Highway Corporation” after “Municipalities Act”;
(c) by repealing section 10;
(d) in section 12 by adding “by the Minister,” after “is not required”;
(e) in subsection 17(1) by adding a comma followed by “whether by the Minister or by the New Brunswick Highway Corporation” after “a highway”;
(f) in section 39 by adding after subsection (18) the following:
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 municipal 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.
(g) by repealing section 68 and substituting the following:
68Lands that are acquired under this Act or under the New Brunswick Highway Corporation Act for highway purposes by purchase or expropriation, except any portion of those lands lying outside the right-of-way of the highway, constitute a highway for the purposes of this Act unless the context indicates otherwise or unless the highway is referred to in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act.