Acts and Regulations

N-5.11 - New Brunswick Highway Corporation Act

Section 44
Disposition versions

Full text
Consequential amendments
44The Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a) in section 1
(i) in the definition “highway” by adding “and, 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” after “bridges thereon”;
(ii) in the definition “provincial highway” by adding “or the New Brunswick Highway Corporation,” after “Department of Transportation”;
(b) in subsection 47(7) by adding a comma followed by “tolls” after “fuel taxes”;
(c) in subsection 116(2) by adding “or, if the Provincial highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Minister”;
(d) in section 153
(i) by renumbering the section as subsection (1);
(ii) in subsection (1) by striking out “The Minister” and substituting “Subject to subsection (2), the Minister”;
(iii) by adding after subsection (1) the following:
153(2)If a highway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications.
(e) in section 155
(i) in subsection (1) by striking out “The Minister” and substituting “Subject to subsection (1.1), the Minister”;
(ii) by adding after subsection (1) the following:
155(1.1)If a roadway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may designate the roadway as provided for in that subsection and that subsection applies with any other necessary modifications.
(f) by repealing subsection 160(1) and substituting the following:
160(1)The Minister may by order and local authorities may by by-law, with respect to any controlled-access roadway under their respective jurisdictions, and the New Brunswick Highway Corporation may, with respect to a controlled-access roadway under its administration and control, prohibit the use of any such roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motor-driven cycle.
(g) in subsection 183(1) by adding “and the New Brunswick Highway Corporation in respect of highways under its administration and control” after “jurisdictions”;
(h) in subsection 186(1) by adding “and the New Brunswick Highway Corporation in respect of highways under its administration and control” after “jurisdictions”;
(i) in section 194
(i) in subsection (5) by striking out “The Minister” and substituting “Subject to subsection (5), the Minister”;
(ii) by adding after subsection (5) the following:
194(5.1)If a provincial highway referred to in subsection (5) is under the administration and control of the New Brunswick Highway Corporation, the reference in that subsection to the Minister of Transportation shall be read as a reference to the Corporation and that subsection applies with any other necessary modifications.
(j) in subsection 234(3) by adding “highways under the administration and control of the New Brunswick Highway Corporation” after “beaches,”;
(k) in section 261 by adding after subsection (5) the following:
261(6)Notwithstanding anything in this section, if a provincial highway referred to in this section is under the administration and control of the New Brunswick Highway Corporation, that Corporation may do anything that the Minister may do under this section in relation to that highway, the fee prescribed for a permit issued under this section shall be paid to that Corporation and the provisions of this section apply with any other necessary modifications.
(l) in subsection 346(2) by adding “highways under the administration and control of the New Brunswick Highway Corporation” after “beaches,”.
Consequential amendments
44The Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a) in section 1
(i) in the definition “highway” by adding “and, 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” after “bridges thereon”;
(ii) in the definition “provincial highway” by adding “or the New Brunswick Highway Corporation,” after “Department of Transportation”;
(b) in subsection 47(7) by adding a comma followed by “tolls” after “fuel taxes”;
(c) in subsection 116(2) by adding “or, if the Provincial highway is under the administration and control of the New Brunswick Highway Corporation, that Corporation” after “Minister”;
(d) in section 153
(i) by renumbering the section as subsection (1);
(ii) in subsection (1) by striking out “The Minister” and substituting “Subject to subsection (2), the Minister”;
(iii) by adding after subsection (1) the following:
153(2)If a highway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications.
(e) in section 155
(i) in subsection (1) by striking out “The Minister” and substituting “Subject to subsection (1.1), the Minister”;
(ii) by adding after subsection (1) the following:
155(1.1)If a roadway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may designate the roadway as provided for in that subsection and that subsection applies with any other necessary modifications.
(f) by repealing subsection 160(1) and substituting the following:
160(1)The Minister may by order and local authorities may by by-law, with respect to any controlled-access roadway under their respective jurisdictions, and the New Brunswick Highway Corporation may, with respect to a controlled-access roadway under its administration and control, prohibit the use of any such roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motor-driven cycle.
(g) in subsection 183(1) by adding “and the New Brunswick Highway Corporation in respect of highways under its administration and control” after “jurisdictions”;
(h) in subsection 186(1) by adding “and the New Brunswick Highway Corporation in respect of highways under its administration and control” after “jurisdictions”;
(i) in section 194
(i) in subsection (5) by striking out “The Minister” and substituting “Subject to subsection (5), the Minister”;
(ii) by adding after subsection (5) the following:
194(5.1)If a provincial highway referred to in subsection (5) is under the administration and control of the New Brunswick Highway Corporation, the reference in that subsection to the Minister of Transportation shall be read as a reference to the Corporation and that subsection applies with any other necessary modifications.
(j) in subsection 234(3) by adding “highways under the administration and control of the New Brunswick Highway Corporation” after “beaches,”;
(k) in section 261 by adding after subsection (5) the following:
261(6)Notwithstanding anything in this section, if a provincial highway referred to in this section is under the administration and control of the New Brunswick Highway Corporation, that Corporation may do anything that the Minister may do under this section in relation to that highway, the fee prescribed for a permit issued under this section shall be paid to that Corporation and the provisions of this section apply with any other necessary modifications.
(l) in subsection 346(2) by adding “highways under the administration and control of the New Brunswick Highway Corporation” after “beaches,”.