Acts and Regulations

N-5.11 - New Brunswick Highway Corporation Act

Section 9
Disposition versions

Full text
Tolls
9(0.1)In this section
“registered owner” means a registered owner as defined in the Motor Vehicle Act.(propriétaire immatriculé)
9(1)The Corporation may, with the approval of the Lieutenant-Governor in Council, designate a highway as a toll highway.
9(2)If the Lieutenant-Governor in Council approves in principle the raising of revenue through tolls on a toll highway, the Corporation may
(a) establish, charge and collect such tolls and the amount of such tolls as it considers appropriate for a toll highway designated under subsection (1),
(b) vary the amount of a toll for vehicles or for operators on the basis of any class,
(c) exempt any vehicle or operator from the payment of a toll on the basis of any class, and
(d) enforce the collection of tolls in accordance with the regulations.
9(3)If a toll has been established under this Act for access to, passage over or operation on a toll highway by a class of vehicle or a class of operator, no person shall gain access to or pass over that toll highway by vehicle or operate a vehicle on that toll highway without paying the applicable toll in accordance with this Act and the regulations.
9(4)If a vehicle gains access to, passes over or is operated on a toll highway in violation of subsection (3), the registered owner of the vehicle shall, in the absence of evidence to the contrary, be deemed to have been the operator of the vehicle and shall be guilty of the violation.
9(5)Subsections (3) and (4) do not apply to the operator or the registered owner of a vehicle if
(a) the operator or the registered owner of the vehicle has made an agreement
(i) with a person who operates the system of toll collection on the toll highway under the authority of a written agreement with a project company, and
(ii) authorizing the operation of that vehicle on that toll highway without immediate payment of the toll, and
(b) the vehicle gains access to, passes over and is operated on the highway, and payment of the toll is made, in accordance with the agreement.
9(6)The registered owner of a vehicle that is the subject of an agreement referred to in paragraph (5)(a) shall pay any toll payable under the agreement in accordance with the terms of the agreement.
9(7)If a vehicle or a class of vehicles is required by regulation to be equipped or operated with, carry or otherwise have and use a transponder or other toll device, no person shall gain access to or pass over a toll highway with such a vehicle or operate such a vehicle on a toll highway, unless the vehicle is equipped or operated with, carries or otherwise has or uses a transponder or other toll device in accordance
(a) with the regulations, and
(b) if required by the regulations, with any agreement made between that person and a person who operates the system of toll collection on the toll highway.
9(8)The Registrar of Motor Vehicles under the Motor Vehicle Act may disclose to the Corporation, a project company or a delegate or sub-delegate of a project company any information to which the Registrar has access and that is prescribed for the purposes of this subsection by regulation, if satisfied that the Corporation, project company, delegate or sub-delegate reasonably requires the information for a purpose set out in subsection (9).
9(9)A person to whom information is disclosed under subsection (8) shall use and shall disclose the information only in accordance with this Act and the regulations and only
(a) for the purposes of the enforcement of the collection of tolls and fees, charges and interest in relation to tolls under this Act, or
(b) for the purposes prescribed by regulation for the purposes of this subsection.
9(10)The disclosure of information in accordance with subsection (8) or (9) shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality or privacy.
1997, c.50, s.8; 1997, c.64, s.7
Tolls
9(0.1)In this section
“registered owner” means a registered owner as defined in the Motor Vehicle Act.
9(1)The Corporation may, with the approval of the Lieutenant-Governor in Council, designate a highway as a toll highway.
9(2)If the Lieutenant-Governor in Council approves in principle the raising of revenue through tolls on a toll highway, the Corporation may
(a) establish, charge and collect such tolls and the amount of such tolls as it considers appropriate for a toll highway designated under subsection (1),
(b) vary the amount of a toll for vehicles or for operators on the basis of any class,
(c) exempt any vehicle or operator from the payment of a toll on the basis of any class, and
(d) enforce the collection of tolls in accordance with the regulations.
9(3)If a toll has been established under this Act for access to, passage over or operation on a toll highway by a class of vehicle or a class of operator, no person shall gain access to or pass over that toll highway by vehicle or operate a vehicle on that toll highway without paying the applicable toll in accordance with this Act and the regulations.
9(4)If a vehicle gains access to, passes over or is operated on a toll highway in violation of subsection (3), the registered owner of the vehicle shall, in the absence of evidence to the contrary, be deemed to have been the operator of the vehicle and shall be guilty of the violation.
9(5)Subsections (3) and (4) do not apply to the operator or the registered owner of a vehicle if
(a) the operator or the registered owner of the vehicle has made an agreement
(i) with a person who operates the system of toll collection on the toll highway under the authority of a written agreement with a project company, and
(ii) authorizing the operation of that vehicle on that toll highway without immediate payment of the toll, and
(b) the vehicle gains access to, passes over and is operated on the highway, and payment of the toll is made, in accordance with the agreement.
9(6)The registered owner of a vehicle that is the subject of an agreement referred to in paragraph (5)(a) shall pay any toll payable under the agreement in accordance with the terms of the agreement.
9(7)If a vehicle or a class of vehicles is required by regulation to be equipped or operated with, carry or otherwise have and use a transponder or other toll device, no person shall gain access to or pass over a toll highway with such a vehicle or operate such a vehicle on a toll highway, unless the vehicle is equipped or operated with, carries or otherwise has or uses a transponder or other toll device in accordance
(a) with the regulations, and
(b) if required by the regulations, with any agreement made between that person and a person who operates the system of toll collection on the toll highway.
9(8)The Registrar of Motor Vehicles under the Motor Vehicle Act may disclose to the Corporation, a project company or a delegate or sub-delegate of a project company any information to which the Registrar has access and that is prescribed for the purposes of this subsection by regulation, if satisfied that the Corporation, project company, delegate or sub-delegate reasonably requires the information for a purpose set out in subsection (9).
9(9)A person to whom information is disclosed under subsection (8) shall use and shall disclose the information only in accordance with this Act and the regulations and only
(a) for the purposes of the enforcement of the collection of tolls and fees, charges and interest in relation to tolls under this Act, or
(b) for the purposes prescribed by regulation for the purposes of this subsection.
9(10)The disclosure of information in accordance with subsection (8) or (9) shall be deemed not to be a contravention of any Act or regulation or any common law rule of confidentiality or privacy.
1997, c.50, s.8; 1997, c.64, s.7