Acts and Regulations

N-5.11 - New Brunswick Highway Corporation Act

Section 6
Disposition versions

Full text
Powers of the Corporation
6(1)In respect of its objects and purposes, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
6(2)The Corporation may, for the purposes of this Act,
(a) with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of lands or highways,
(b) with the approval of the Lieutenant-Governor in Council, raise revenues through tolls, access fees, usage fees, licence fees, franchise fees, right-of-way charges and the lease or sale of commercial rights in respect of highways and through such other means as may be approved by the Lieutenant-Governor in Council,
(c) with the approval of the Lieutenant-Governor in Council, enter into and amend agreements with the Government of Canada, the government of any province, territory or other jurisdiction, a local government in the Province or any other person in or outside the Province,
(d) form joint ventures
(i) with the approval of the Lieutenant-Governor in Council, with the Government of Canada or the government of any province, territory or other jurisdiction, and
(ii) with a local government in the Province or any other person in or outside the Province, and
(e) do such other things as may be authorized by this Act or the regulations or as may be incidental to or necessary for the carrying out of its objects and purposes.
6(2.1)Despite paragraph (2)(a) and any other Act, the Corporation, without the approval of the Lieutenant-Governor in Council, may lease, license, sell or otherwise dispose of lands or highways to any Minister, corporation or agency of the Crown in right of the Province if the lands or highways are leased, licensed, sold or otherwise disposed of for less than $15,000.
6(2.2)If the Corporation leases, licenses, sells or otherwise disposes of lands or highways under subsection (2.1), the Corporation shall provide to the Executive Council a report on all the transactions in the form approved by the Executive Council.
6(2.3)The report referred to in subsection (2.2) shall be submitted within one month after each fiscal year and shall be published in The Royal Gazette no later than 90 days after it is received by the Executive Council.
6(3)The Corporation may, in an agreement, designate a party to the agreement as a project company and that party shall be a project company for all or any purposes of this Act, any other Act of the Legislature or any regulation under any such Act, subject to the limitations, terms, conditions and requirements set out in the agreement.
6(4)If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or a regulation under it in relation to a highway and the highway is the subject of an agreement that is made between the Corporation and a project company and that is approved by the Lieutenant-Governor in Council, that power, authority, right, duty or responsibility, whether given directly or by adoption, may be delegated in the agreement and the Corporation may, in the agreement,
(a) establish the manner in which the delegate may be directed to exercise the delegated matter,
(b) subject the delegate to any limitations, terms, conditions and requirements that are set out in the agreement, and
(c) authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.
6(4.1)Where any of the powers of the Corporation that are referred to in paragraph (2)(b) or (c) are delegated or sub-delegated in an agreement referred to in subsection (4), the approval given by the Lieutenant-Governor in Council to the agreement shall be deemed to constitute any approval that the Corporation might have required, and any approval that the delegate or sub-delegate might require, under either of those paragraphs by the Lieutenant-Governor in Council in order for the delegate or sub-delegate to exercise the delegated power or any matters incidental to its exercise.
6(5)Repealed: 1997, c.64, s.3
6(6)Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature or the regulations under any such Act, the Corporation may, by agreement with a project company or with any other person, grant to the project company or other person a lease or licence to build and operate on a highway a business operation that, in the opinion of the Corporation, would provide a service to persons using the highway, including in the lease or licence authority to build or erect such buildings or structures on the highway as the Corporation considers appropriate, and may establish the fee for the lease or licence that the Corporation considers appropriate.
1996, c.42, s.2; 1997, c.50, s.5; 1997, c.64, s.3; 2005, c.7, s.51; 2012, c.16, s.2; 2017, c.20, s.116; 2023, c.17, s.171
Powers of the Corporation
6(1)In respect of its objects and purposes, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
6(2)The Corporation may, for the purposes of this Act,
(a) with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of lands or highways,
(b) with the approval of the Lieutenant-Governor in Council, raise revenues through tolls, access fees, usage fees, licence fees, franchise fees, right-of-way charges and the lease or sale of commercial rights in respect of highways and through such other means as may be approved by the Lieutenant-Governor in Council,
(c) with the approval of the Lieutenant-Governor in Council, enter into and amend agreements with the Government of Canada, the government of any province, territory or other jurisdiction, a local government in the Province or any other person in or outside the Province,
(d) form joint ventures
(i) with the approval of the Lieutenant-Governor in Council, with the Government of Canada or the government of any province, territory or other jurisdiction, and
(ii) with a local government in the Province or any other person in or outside the Province, and
(e) do such other things as may be authorized by this Act or the regulations or as may be incidental to or necessary for the carrying out of its objects and purposes.
6(2.1)Despite paragraph (2)(a) and any other Act, the Corporation, without the approval of the Lieutenant-Governor in Council, may lease, license, sell or otherwise dispose of lands or highways to any Minister, corporation or agency of her Majesty in right of the Province if the lands or highways are leased, licensed, sold or otherwise disposed of for less than $15,000.
6(2.2)If the Corporation leases, licenses, sells or otherwise disposes of lands or highways under subsection (2.1), the Corporation shall provide to the Executive Council a report on all the transactions in the form approved by the Executive Council.
6(2.3)The report referred to in subsection (2.2) shall be submitted within one month after each fiscal year and shall be published in The Royal Gazette no later than 90 days after it is received by the Executive Council.
6(3)The Corporation may, in an agreement, designate a party to the agreement as a project company and that party shall be a project company for all or any purposes of this Act, any other Act of the Legislature or any regulation under any such Act, subject to the limitations, terms, conditions and requirements set out in the agreement.
6(4)If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or a regulation under it in relation to a highway and the highway is the subject of an agreement that is made between the Corporation and a project company and that is approved by the Lieutenant-Governor in Council, that power, authority, right, duty or responsibility, whether given directly or by adoption, may be delegated in the agreement and the Corporation may, in the agreement,
(a) establish the manner in which the delegate may be directed to exercise the delegated matter,
(b) subject the delegate to any limitations, terms, conditions and requirements that are set out in the agreement, and
(c) authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.
6(4.1)Where any of the powers of the Corporation that are referred to in paragraph (2)(b) or (c) are delegated or sub-delegated in an agreement referred to in subsection (4), the approval given by the Lieutenant-Governor in Council to the agreement shall be deemed to constitute any approval that the Corporation might have required, and any approval that the delegate or sub-delegate might require, under either of those paragraphs by the Lieutenant-Governor in Council in order for the delegate or sub-delegate to exercise the delegated power or any matters incidental to its exercise.
6(5)Repealed: 1997, c.64, s.3
6(6)Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature or the regulations under any such Act, the Corporation may, by agreement with a project company or with any other person, grant to the project company or other person a lease or licence to build and operate on a highway a business operation that, in the opinion of the Corporation, would provide a service to persons using the highway, including in the lease or licence authority to build or erect such buildings or structures on the highway as the Corporation considers appropriate, and may establish the fee for the lease or licence that the Corporation considers appropriate.
1996, c.42, s.2; 1997, c.50, s.5; 1997, c.64, s.3; 2005, c.7, s.51; 2012, c.16, s.2; 2017, c.20, s.116
Powers of the Corporation
6(1)In respect of its objects and purposes, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
6(2)The Corporation may, for the purposes of this Act,
(a) with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of lands or highways,
(b) with the approval of the Lieutenant-Governor in Council, raise revenues through tolls, access fees, usage fees, licence fees, franchise fees, right-of-way charges and the lease or sale of commercial rights in respect of highways and through such other means as may be approved by the Lieutenant-Governor in Council,
(c) with the approval of the Lieutenant-Governor in Council, enter into and amend agreements with the Government of Canada, the government of any province, territory or other jurisdiction, a municipality or rural community in the Province or any other person in or outside the Province,
(d) form joint ventures
(i) with the approval of the Lieutenant-Governor in Council, with the Government of Canada or the government of any province, territory or other jurisdiction, and
(ii) with a municipality or rural community in the Province or any other person in or outside the Province, and
(e) do such other things as may be authorized by this Act or the regulations or as may be incidental to or necessary for the carrying out of its objects and purposes.
6(2.1)Despite paragraph (2)(a) and any other Act, the Corporation, without the approval of the Lieutenant-Governor in Council, may lease, license, sell or otherwise dispose of lands or highways to any Minister, corporation or agency of her Majesty in right of the Province if the lands or highways are leased, licensed, sold or otherwise disposed of for less than $15,000.
6(2.2)If the Corporation leases, licenses, sells or otherwise disposes of lands or highways under subsection (2.1), the Corporation shall provide to the Executive Council a report on all the transactions in the form approved by the Executive Council.
6(2.3)The report referred to in subsection (2.2) shall be submitted within one month after each fiscal year and shall be published in The Royal Gazette no later than 90 days after it is received by the Executive Council.
6(3)The Corporation may, in an agreement, designate a party to the agreement as a project company and that party shall be a project company for all or any purposes of this Act, any other Act of the Legislature or any regulation under any such Act, subject to the limitations, terms, conditions and requirements set out in the agreement.
6(4)If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or a regulation under it in relation to a highway and the highway is the subject of an agreement that is made between the Corporation and a project company and that is approved by the Lieutenant-Governor in Council, that power, authority, right, duty or responsibility, whether given directly or by adoption, may be delegated in the agreement and the Corporation may, in the agreement,
(a) establish the manner in which the delegate may be directed to exercise the delegated matter,
(b) subject the delegate to any limitations, terms, conditions and requirements that are set out in the agreement, and
(c) authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.
6(4.1)Where any of the powers of the Corporation that are referred to in paragraph (2)(b) or (c) are delegated or sub-delegated in an agreement referred to in subsection (4), the approval given by the Lieutenant-Governor in Council to the agreement shall be deemed to constitute any approval that the Corporation might have required, and any approval that the delegate or sub-delegate might require, under either of those paragraphs by the Lieutenant-Governor in Council in order for the delegate or sub-delegate to exercise the delegated power or any matters incidental to its exercise.
6(5)Repealed: 1997, c.64, s.3
6(6)Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature or the regulations under any such Act, the Corporation may, by agreement with a project company or with any other person, grant to the project company or other person a lease or licence to build and operate on a highway a business operation that, in the opinion of the Corporation, would provide a service to persons using the highway, including in the lease or licence authority to build or erect such buildings or structures on the highway as the Corporation considers appropriate, and may establish the fee for the lease or licence that the Corporation considers appropriate.
1996, c.42, s.2; 1997, c.50, s.5; 1997, c.64, s.3; 2005, c.7, s.51; 2012, c.16, s.2
Powers of the Corporation
6(1)In respect of its objects and purposes, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
6(2)The Corporation may, for the purposes of this Act,
(a) with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of lands or highways,
(b) with the approval of the Lieutenant-Governor in Council, raise revenues through tolls, access fees, usage fees, licence fees, franchise fees, right-of-way charges and the lease or sale of commercial rights in respect of highways and through such other means as may be approved by the Lieutenant-Governor in Council,
(c) with the approval of the Lieutenant-Governor in Council, enter into and amend agreements with the Government of Canada, the government of any province, territory or other jurisdiction, a municipality or rural community in the Province or any other person in or outside the Province,
(d) form joint ventures
(i) with the approval of the Lieutenant-Governor in Council, with the Government of Canada or the government of any province, territory or other jurisdiction, and
(ii) with a municipality or rural community in the Province or any other person in or outside the Province, and
(e) do such other things as may be authorized by this Act or the regulations or as may be incidental to or necessary for the carrying out of its objects and purposes.
6(2.1)Despite paragraph (2)(a) and any other Act, the Corporation, without the approval of the Lieutenant-Governor in Council, may lease, license, sell or otherwise dispose of lands or highways to any Minister, corporation or agency of her Majesty in right of the Province if the lands or highways are leased, licensed, sold or otherwise disposed of for less than $15,000.
6(2.2)If the Corporation leases, licenses, sells or otherwise disposes of lands or highways under subsection (2.1), the Corporation shall provide to the Executive Council a report on all the transactions in the form approved by the Executive Council.
6(2.3)The report referred to in subsection (2.2) shall be submitted within one month after each fiscal year and shall be published in The Royal Gazette no later than 90 days after it is received by the Executive Council.
6(3)The Corporation may, in an agreement, designate a party to the agreement as a project company and that party shall be a project company for all or any purposes of this Act, any other Act of the Legislature or any regulation under any such Act, subject to the limitations, terms, conditions and requirements set out in the agreement.
6(4)If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or a regulation under it in relation to a highway and the highway is the subject of an agreement that is made between the Corporation and a project company and that is approved by the Lieutenant-Governor in Council, that power, authority, right, duty or responsibility, whether given directly or by adoption, may be delegated in the agreement and the Corporation may, in the agreement,
(a) establish the manner in which the delegate may be directed to exercise the delegated matter,
(b) subject the delegate to any limitations, terms, conditions and requirements that are set out in the agreement, and
(c) authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.
6(4.1)Where any of the powers of the Corporation that are referred to in paragraph (2)(b) or (c) are delegated or sub-delegated in an agreement referred to in subsection (4), the approval given by the Lieutenant-Governor in Council to the agreement shall be deemed to constitute any approval that the Corporation might have required, and any approval that the delegate or sub-delegate might require, under either of those paragraphs by the Lieutenant-Governor in Council in order for the delegate or sub-delegate to exercise the delegated power or any matters incidental to its exercise.
6(5)Repealed: 1997, c.64, s.3
6(6)Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature or the regulations under any such Act, the Corporation may, by agreement with a project company or with any other person, grant to the project company or other person a lease or licence to build and operate on a highway a business operation that, in the opinion of the Corporation, would provide a service to persons using the highway, including in the lease or licence authority to build or erect such buildings or structures on the highway as the Corporation considers appropriate, and may establish the fee for the lease or licence that the Corporation considers appropriate.
1996, c.42, s.2; 1997, c.50, s.5; 1997, c.64, s.3; 2005, c.7, s.51; 2012, c.16, s.2
Powers of the Corporation
6(1)In respect of its objects and purposes, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
6(2)The Corporation may, for the purposes of this Act,
(a) with the approval of the Lieutenant-Governor in Council, lease, license, sell or otherwise dispose of lands or highways,
(b) with the approval of the Lieutenant-Governor in Council, raise revenues through tolls, access fees, usage fees, licence fees, franchise fees, right-of-way charges and the lease or sale of commercial rights in respect of highways and through such other means as may be approved by the Lieutenant-Governor in Council,
(c) with the approval of the Lieutenant-Governor in Council, enter into and amend agreements with the Government of Canada, the government of any province, territory or other jurisdiction, a municipality or rural community in the Province or any other person in or outside the Province,
(d) form joint ventures
(i) with the approval of the Lieutenant-Governor in Council, with the Government of Canada or the government of any province, territory or other jurisdiction, and
(ii) with a municipality or rural community in the Province or any other person in or outside the Province, and
(e) do such other things as may be authorized by this Act or the regulations or as may be incidental to or necessary for the carrying out of its objects and purposes.
6(3)The Corporation may, in an agreement, designate a party to the agreement as a project company and that party shall be a project company for all or any purposes of this Act, any other Act of the Legislature or any regulation under any such Act, subject to the limitations, terms, conditions and requirements set out in the agreement.
6(4)If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or a regulation under it in relation to a highway and the highway is the subject of an agreement that is made between the Corporation and a project company and that is approved by the Lieutenant-Governor in Council, that power, authority, right, duty or responsibility, whether given directly or by adoption, may be delegated in the agreement and the Corporation may, in the agreement,
(a) establish the manner in which the delegate may be directed to exercise the delegated matter,
(b) subject the delegate to any limitations, terms, conditions and requirements that are set out in the agreement, and
(c) authorize the delegate to sub-delegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the delegate considers appropriate.
6(4.1)Where any of the powers of the Corporation that are referred to in paragraph (2)(b) or (c) are delegated or sub-delegated in an agreement referred to in subsection (4), the approval given by the Lieutenant-Governor in Council to the agreement shall be deemed to constitute any approval that the Corporation might have required, and any approval that the delegate or sub-delegate might require, under either of those paragraphs by the Lieutenant-Governor in Council in order for the delegate or sub-delegate to exercise the delegated power or any matters incidental to its exercise.
6(5)Repealed: 1997, c.64, s.3
6(6)Notwithstanding any other provision of this Act or any provision of any other Act of the Legislature or the regulations under any such Act, the Corporation may, by agreement with a project company or with any other person, grant to the project company or other person a lease or licence to build and operate on a highway a business operation that, in the opinion of the Corporation, would provide a service to persons using the highway, including in the lease or licence authority to build or erect such buildings or structures on the highway as the Corporation considers appropriate, and may establish the fee for the lease or licence that the Corporation considers appropriate.
1996, c.42, s.2; 1997, c.50, s.5; 1997, c.64, s.3; 2005, c.7, s.51