Acts and Regulations

N-5.11 - New Brunswick Highway Corporation Act

Full text
Project companies
1997, c.50, s.6
6.2(1)Subject to subsection (2), a project company is not an agent of the Crown in right of the Province for any purpose.
6.2(2)The Corporation may declare in an agreement with a project company that the project company is acting as an agent of the Crown in right of the Province for, and only for, the purpose or purposes set out in the agreement.
6.2(3)No action or proceeding lies against the Corporation or the Crown in right of the Province in respect of any act or omission of a project company or its directors, officers, employees, trustees, partners, proprietors or members.
6.2(4)Without limiting the rights of a project company, a project company may assign, sub-lease or sub-license, as security or for any other purpose, its powers, rights, duties, responsibilities and obligations under an agreement between it and the Corporation, in accordance with the agreement.
6.2(5)The revenues, investments and other assets of a project company do not form part of the Consolidated Fund, whether or not the project company has been declared to be an agent of the Crown in right of the Province under subsection 6.2(2).
6.2(6)All tolls and fees, charges and interest in relation to tolls, and all fees, payments, rents, charges, interest and other revenue in relation to usage agreements, highway usage permits, leases, licences, other permits or other rights, privileges, permissions, consents or like matters that are collected or collectable in relation to a highway by a person with whom a project company has made an agreement or by a delegate of such a person are the property of and are owned by the project company.
1997, c.50, s.6; 1997, c.64, s.5; 2023, c.17, s.171
Project companies
1997, c.50, s.6
6.2(1)Subject to subsection (2), a project company is not an agent of Her Majesty in right of the Province for any purpose.
6.2(2)The Corporation may declare in an agreement with a project company that the project company is acting as an agent of Her Majesty in right of the Province for, and only for, the purpose or purposes set out in the agreement.
6.2(3)No action or proceeding lies against the Corporation or Her Majesty in right of the Province in respect of any act or omission of a project company or its directors, officers, employees, trustees, partners, proprietors or members.
6.2(4)Without limiting the rights of a project company, a project company may assign, sub-lease or sub-license, as security or for any other purpose, its powers, rights, duties, responsibilities and obligations under an agreement between it and the Corporation, in accordance with the agreement.
6.2(5)The revenues, investments and other assets of a project company do not form part of the Consolidated Fund, whether or not the project company has been declared to be an agent of Her Majesty in right of the Province under subsection 6.2(2).
6.2(6)All tolls and fees, charges and interest in relation to tolls, and all fees, payments, rents, charges, interest and other revenue in relation to usage agreements, highway usage permits, leases, licences, other permits or other rights, privileges, permissions, consents or like matters that are collected or collectable in relation to a highway by a person with whom a project company has made an agreement or by a delegate of such a person are the property of and are owned by the project company.
1997, c.50, s.6; 1997, c.64, s.5
Project companies
1997, c.50, s.6
6.2(1)Subject to subsection (2), a project company is not an agent of Her Majesty in right of the Province for any purpose.
6.2(2)The Corporation may declare in an agreement with a project company that the project company is acting as an agent of Her Majesty in right of the Province for, and only for, the purpose or purposes set out in the agreement.
6.2(3)No action or proceeding lies against the Corporation or Her Majesty in right of the Province in respect of any act or omission of a project company or its directors, officers, employees, trustees, partners, proprietors or members.
6.2(4)Without limiting the rights of a project company, a project company may assign, sub-lease or sub-license, as security or for any other purpose, its powers, rights, duties, responsibilities and obligations under an agreement between it and the Corporation, in accordance with the agreement.
6.2(5)The revenues, investments and other assets of a project company do not form part of the Consolidated Fund, whether or not the project company has been declared to be an agent of Her Majesty in right of the Province under subsection 6.2(2).
6.2(6)All tolls and fees, charges and interest in relation to tolls, and all fees, payments, rents, charges, interest and other revenue in relation to usage agreements, highway usage permits, leases, licences, other permits or other rights, privileges, permissions, consents or like matters that are collected or collectable in relation to a highway by a person with whom a project company has made an agreement or by a delegate of such a person are the property of and are owned by the project company.
1997, c.50, s.6; 1997, c.64, s.5