BILL 40

An Act to Amend the New Brunswick Highway Corporation Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Subsection 1(1) of the New Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New Brunswick, 1995, is amended by striking out the definition “highway usage permit” and substituting the following:

“highway usage permit”, unless the context otherwise requires, means a highway usage permit issued under this Act by the Corporation or a delegate or a sub-delegate of the Corporation; (permis d’usage routier)

2 Section 6 of the Act is amended by adding after subsection (2) the following:

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.

3 Subsection 10.1(19) of the Act is repealed and the following is substituted:

10.1(19) Her Majesty in right of the Province is bound by the provisions of this section and the regulations made in relation to it.

4 The Act is amended by adding after section 10.1 the following:

Highway usage permits issued by Minister of Transportation and Infrastructure

10.2(1) Her Majesty in right of the Province may assign to the Corporation or a project company Her Majesty’s powers, authority and rights under a highway usage permit issued by the Minister of Transportation and Infrastructure under subsection 44.1(9) of the Highway Act.

10.2(2) On the commencement of this section, a highway usage permit that was issued by the Minister of Transportation and Infrastructure under the Highway Act in relation to lands or highways conveyed to the Corporation is deemed to be assigned by the Minister of Transportation and Infrastructure to the Corporation in accordance with subsection (1).

10.2(3) The Corporation may assign to a project company its powers, authority and rights under a highway usage permit.

10.2(4) If a project company is an assignee under subsection (1) or (3), it shall have all of the powers, authority, rights, duties and responsibilities of the Corporation under this section and this section applies to that project company, with the necessary modifications, as if it were the Corporation or Her Majesty in right of the Province, as the case may be, subject to any limitations, terms, conditions or requirements set out in the assignment.

10.2(5) The term “Minister of Transportation and Infrastructure” shall be replaced by the term “New Brunswick Highway Corporation” or the name of the project company, as the case may be, everywhere it appears in a highway usage permit assigned to the Corporation or a project company under this section.

10.2(6) On the commencement of this subsection, a highway usage permit assigned to the Corporation or a project company shall be deemed to be affirmed.

10.2(7) This Act and the regulations under it apply, with the necessary modifications, to a highway usage permit assigned to the Corporation or a project company as if the highway usage permit had been issued under this Act.

10.2(8) Subject to subsection (9), the holder of a highway usage permit that is assigned to the Corporation or a project company shall pay the annual fees prescribed by regulation.

10.2(9) If the annual fees prescribed by regulation are greater than the annual fees prescribed in New Brunswick Regulation 2010-55 under the Highway Act, the holder of a highway usage permit that is assigned to the Corporation or a project company shall pay the annual fees prescribed under that regulation.

10.2(10) Land shall be deemed not to be injuriously affected by reason only that a highway is situated on, under or over it and no compensation of any kind shall be paid or given to any person who has the benefit of or is a party to a highway usage permit in relation to land or a highway, or who has any other interest in land or a highway, by reason only that

(a)  the land or any portion of it is adjacent to land where such a highway is situated, or

(b)  immediately before the date of the commencement of this subsection, the person was the owner of land, or had the benefit of or was a party to a highway usage permit, and is affected in any manner by the operation of this section.

10.2(11) No action, application or other proceeding lies or shall be instituted against the Corporation, the Minister of Transportation and Infrastructure or Her Majesty in right of the Province as a result of the enactment of this section.

10.2(12) No contractual or other claim, grounds, remedy or defence shall be available to or exercised by a party to a highway usage permit, other than the Corporation, the Minister of Transportation and Infrastructure or Her Majesty in right of the Province, as a result of the enactment of this section.

10.2(13) No court or person shall construe, claim or deem a highway usage permit to be terminated, rescinded, repudiated, frustrated or amended as a result of the enactment of this section.

10.2(14) If the Corporation leases, licenses, sells or otherwise disposes of land or a highway to the Minister of Transportation and Infrastructure that is subject to a highway usage permit assigned to the Corporation under this section, the Corporation may assign to the Minister of Transportation and Infrastructure its powers, authority and rights under the highway usage permit and, on the commencement of this subsection, a highway usage permit assigned to the Minister of Transportation and Infrastructure shall be deemed to be affirmed and all the provisions of this section apply with the necessary modifications to the highway usage permit being assigned under this section.

10.2(15) Her Majesty in right of the Province is bound by the provisions of this section.

CONSEQUENTIAL AMENDMENT

Highway Act

5 Subsection 44.1(20) of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is repealed and the following is substituted:

44.1(20) Her Majesty in right of the Province is bound by the provisions of this section and the regulations made in relation to it.