Bill 15 - An Act Respecting the Highway Act

BILL 15

An Act Respecting the Highway Act

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

Highway Act

1( 1) Section 1 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “registry office”;

(b) by repealing the definition “Minister” and substituting the following:

“Minister” means the Minister of Transportation and Infrastructure and includes any person designated by the Minister to act on the Minister’s behalf; (Ministre)

(d) in paragraph (a) of the definition “highway” by striking out “Department of Transportation Development Area” and substituting “development area”;

(e) in the French version in the definition « véhicule à moteur » by striking out “et” at the end of the definition;

(f) in the French version in the definition « voie d’accès aux ressources » by striking out the period at the end of the definition and substituting a semicolon followed by “et”;

(g) by adding the following definitions in alphabetical order:

“Crown” means the Crown in right of the Province; (Couronne)

“development area” means an area of land declared to be a Department of Transportation and Infrastructure development area under section 16; (zone d’exploitation)

“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act; (bureau d’enregistrement des biens-fonds)

1( 2) Subsection 2(1) of the English version of the Act is amended by striking out “his” and substituting “the Minister’s”.

1( 3) The heading “Agreements and contracts with Canada and other persons” preceding section 5 of the Act is amended by striking out “with Canada and other persons”.

1( 4) Section 5 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

5( 1) The Minister, with the approval of the Lieutenant-Governor in Council, may enter into and amend an agreement or contract with the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, a highway or a ferry, as the case may be.

(b) by adding after subsection (1) the following:

5( 1.1) Subject to subsection (1.2), the Minister may enter into and amend an agreement or contract with any person other than the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, holding, owning, using, leasing, licensing, planning, designing, financing, refinancing, development, construction, improvement, operation, management, maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of, or other dealings with, a highway or a ferry, as the case may be.

5( 1.2) The Minister may enter into and amend an agreement or contract referred to in subsection (1.1)

(a) without the approval of the Lieutenant-Governor in Council if the value of the agreement or contract is less than $2,000,000, or

(b) with the approval of the Lieutenant-Governor in Council if the value of the agreement or contract is $2,000,000 or greater.

(c) in subsection (2) by striking out “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 Minister may, by agreement or contract entered into under subsection (1)” and “establishing the fee” and substituting “Despite any other provision of this Act or the regulations or any provision of any other Act of the Legislature or a regulation under that Act, the Minister may, by agreement or contract entered into under this section” and “establish the fee”, respectively.

1( 5) Section 6 of the Act is amended by striking out “in right of the Province”.

1( 6) The heading “Fair wage schedule” preceding section 7 of the Act is repealed.

1( 7) Section 7 of the Act is repealed.

1( 8) The heading “Vesting of land purchased by Minister, conveyance of land” preceding section 12 of the Act is repealed and the following is substituted:

Vesting, sale or lease of land or property

1( 9) Section 12 of the Act is repealed and the following is substituted:

12 All land and property acquired for highway purposes is vested in the Crown, and, despite section 55 of the Financial Administration Act and any other Act of the Legislature, when the land or property is no longer required, the Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement or contract for the sale or lease of the land or property and may convey the land or property by a deed of conveyance, lease or other instrument signed by the Minister and under the Great Seal of the Province, and the proceeds of the sale or leasing shall be accounted for as public money or, on the direction of the Lieutenant-Governor in Council, deposited to the credit of the Land Management Fund established under the Public Works Act.

1( 10) Section 12.1 of the Act is repealed and the following is substituted:

Deed of conveyance, release of easement

12.1( 1) Despite section 12 and despite section 55 of the Financial Administration Act and any other Act of the Legislature, the Minister, without the approval of the Lieutenant-Governor in Council, may enter into an agreement or contract for the sale of land or property that is no longer required for highway purposes and may convey the land or property by a deed of conveyance signed by the Minister and under the Great Seal of the Province if the land or property has an appraised value of less than $150,000.

12.1( 2) The appraised value of land or property no longer required for highway purposes shall be determined by a member of the New Brunswick Association of Real Estate Appraisers / Association des évaluateurs immobiliers du Nouveau-Brunswick holding the designation of Canadian Residential Appraiser (CRA) or Accredited Appraiser Canadian Institute (AACI), as applicable.

12.1( 3) If a sale of land or property no longer required for highway purposes is made in the circumstances set out in this section, the proceeds of the sale shall be accounted for as public money or, on the direction of the Minister, be deposited to the credit of the Land Management Fund established under the Public Works Act.

12.1( 4) Despite section 12 and despite section 55 of the Financial Administration Act and any other Act of the Legislature, the Minister, without the approval of the Lieutenant-Governor in Council, may release an easement if the easement is on land or property that is no longer required for highway purposes, and the release of easement shall be signed by the Minister and under the Great Seal of the Province.

1( 11) Subsection 13(1) of the English version of the Act is amended in the portion following paragraph (c) by striking out “as he deems” and substituting “the Minister considers”.

1( 12) Section 13.1 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Notwithstanding” and substituting “Despite”;

(b) in the portion following paragraph (c) of the English version by striking out “terms as he” and substituting “terms and conditions the Minister”.

1( 13) Paragraph 14(e) of the English version of the Act is amended by striking out “he” and substituting “the Minister”.

1( 14) Section 15 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “registry office of the county in which the roads lie” and substituting “appropriate land registration office”;

(b) in subsection (3) of the English version by striking out “he” wherever it appears and substituting “the Minister”.

1( 15) The heading “Department of Transportation Development Area” preceding section 16 of the Act is repealed and the following is substituted:

Development area

1( 16) Section 16 of the Act is repealed and the following is substituted:

16 The Lieutenant-Governor in Council may declare an area of land to be a development area if the Minister proposes

(a) to expend public money on the acquisition and development of that area of land for highway purposes, and

(b) to acquire over a period of time all the lands in that area as they become available or are needed for highway purposes.

1( 17) Section 17 of the Act is amended

(a) in subsection (1) by striking out “Department of Transportation Development Area” and substituting “development area”;

(b) in subsection (2) by striking out “Department of Transportation Development Area and the owner indicates that in the event of a sale he” and substituting “development area and the owner indicates that in the event of a sale the owner”;

(c) in subsection (3) by striking out “Department of Transportation Development Area” and substituting “development area”;

(d) by repealing subsection (4) and substituting the following:

17( 4) The Minister may terminate any lease granted under subsection (2) or (3), despite the term of the lease, by giving the lessee 30 days’ notice in writing to vacate and by sending that notice by registered mail to the lessee.

1( 18) Subsection 18(2) of the English version of the Act is amended by striking out “within two years of the receipt by him of a request to purchase land given under subsection (1)” and substituting “within two years after receipt of the request to purchase land under subsection (1)”.

1( 19) Section 19 of the Act is amended by striking out “Department of Transportation Development Area” and substituting “development area”.

1( 20) Section 20 of the Act is repealed and the following is substituted:

20 If a development area is created under section 16, the Minister shall

(a) file a copy of the Order in Council and a plan of the development area in the appropriate land registration office and shall cause notice of the filing of the Order in Council and plan to be published in The Royal Gazette within 30 days after their being filed, and

(b) cause to be registered in the appropriate land registration office a notice to the persons who appear from the records of that office to be owners of the land in the development area that the land is subject to sections 16 to 22 and cause the notice to be sent by registered mail to those persons.

1( 21) Section 21 of the Act is amended

(a) in subsection (1) by striking out “Department of Transportation Development Area” wherever it appears and substituting “development area”;

(b) in subsection (2) by striking out “Department of Transportation Development Area” and substituting “development area”.

1( 22) Section 22 of the Act is amended by striking out “Department of Transportation Development Area” and substituting “development area”.

1( 23) Section 23 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “, by himself, his engineers, agents and workmen,” and substituting “or an agent of the Minister”;

(b) in paragraph (a) of the English version by striking out “he deems” and substituting “the Minister or the agent considers”;

(c) in paragraph (b) of the English version by striking out “in his opinion” and substituting “in the opinion of the Minister or the agent”.

1( 24) Section 24 of the Act is amended by striking out “section 38 or 64” and substituting “section 64 or paragraph 67(1)(h) or (i)”.

1( 25) Section 25 of the English version of the Act is amended by striking out “his” and substituting “the person’s”.

1( 26) Section 26 of the English version of the Act is amended by striking out “he” and substituting “the Minister”.

1( 27) Section 28 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “The Minister, by himself, his engineers, agents and workmen,” and substituting “The Minister or an agent of the Minister”;

( ii) in paragraph a) of the French version by striking out “pour les besoins d’une route” and “pour les besoins de la route” and substituting “pour les besoins d’un projet routier” and “pour les besoins du projet”, respectively;  

(b) by repealing subsection (2) and substituting the following:

28( 2) If any resistance or opposition is made by any person to a removal or demolition authorized under paragraph (1)(b), a judge of The Court of King’s Bench of New Brunswick, on production of a certificate referred to in section 29 and after notice to show cause given in the manner that the judge prescribes, may issue a warrant to the sheriff for the judicial district within which the highway is situated directing the sheriff to put down the resistance or opposition and to put the Minister or an agent of the Minister in possession of the highway.

28( 3) The sheriff shall make a return of the warrant under subsection (2) and of the manner in which it was executed to the clerk of The Court of King’s Bench of New Brunswick for the judicial district.

1( 28) Section 29 of the English version of the Act is amended by striking out “his” and substituting “the Minister’s”.

1( 29) Section 30 of the Act is amended

(a) in subsection (2) by striking out “twenty metres” and substituting “20 m”;

(b) in subsection (3) by striking out “twenty metres is sufficient for highway purposes, may order that a highway be laid out less than twenty metres but not less than ten metres” and substituting “20 m is sufficient for highway purposes, may order that a highway be laid out less than 20 m but not less than 10 m”;

1( 30) Section 33 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) of the English version by striking out “he” and substituting “the Minister”;

( ii) in paragraph (a) by striking out “registry office for the county in which it is situated,” and substituting “appropriate land registration office”;

( iii) in paragraph (b) by striking out “registry office for the county in which it is situated” and substituting “appropriate land registration office”;

(b) in subsection (2) of the English version by striking out “his” and substituting “the Minister’s”.

1( 31) The heading “Permit re closed of highway” preceding section 34.1 of the English version of the Act is amended by striking out “closed of highway” and substituting “closed highway”.

1( 32) Section 35 of the Act is amended

(a) in subsection (1) by striking out “his behalf shall become a highway for the purposes of this Act until the Minister, with the approval of the Lieutenant-Governor in Council, certifies that he accepts the road as a highway for the purposes of this Act and amends his” and substituting “the Minister’s behalf shall become a highway for the purposes of this Act until the Minister certifies that the Minister accepts the road as a highway for the purposes of this Act and amends the”;

(b) by repealing subsection (2) and substituting the following:

35( 2) Despite the Community Planning Act, the Minister may accept a road or street as a highway by certifying that the Minister accepts the road or street as a highway for the purposes of this Act and amends the designation under section 15 accordingly.

1( 33) Section 36 of the Act is amended

(a) in subsection (7) by striking out “subsection (13)” and substituting “subsection (12)”;

(b) by repealing subsection (9) and substituting the following:

36( 9) If a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect and the weight of the vehicle including any load is in excess of the weight restriction, that person shall, in addition to any fine imposed under the Provincial Offences Procedure Act, be ordered to pay a penalty calculated on that excess weight in accordance with regulations.

36( 10) If a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect with a weight per axle or combination of axles in excess of the weight restriction, that person shall, in addition to any fine imposed under the Provincial Offences Procedure Act, be ordered to pay a penalty calculated on that excess weight in accordance with regulations.

1( 34) Section 37 of the Act is amended

(a) by repealing subsection (6);

(b) in paragraph (10)(a) by striking out “without proof of the signature or the official character” and substituting “without proof of the appointment, authority or signature”;

(c) in subsection (11) by striking out “without proof of the signature or official character” and substituting “without proof of the appointment, authority or signature”;

(d) in subsection (13) of the French version by striking out “du signataire du” and substituting “de la personne qui a signé le”.

1( 35) The heading “Regulations re controlled access highway” preceding section 38 of the Act is repealed.

1( 36) Section 38 of the Act is repealed.

1( 37) Section 39 of the Act is amended

(a) in subsection (2) by striking out “subsections (10) to (14) and subsection (18)” and substituting “subsections (10), (13), (14) and (18)”;

(b) by repealing subsection (10) and substituting the following:

39( 10) If the Minister is satisfied that the public interest is not adversely affected, the Minister, on payment of any fee prescribed by regulation, may issue a permit, in the form and subject to the terms and conditions that the Minister determines, authorizing access to a controlled access highway for the following purposes:

(a) in respect of a level I controlled access highway, for the purpose of

( i) emergency access, or

( ii) access for a utility;

(b) in respect of a level II controlled access highway, for the purpose of

( i) temporary access to lands that will be used for the development, management or removal of an agricultural or natural resource without the construction or location of any building on the lands,

( ii) emergency access, or

( iii) access for a utility;

( i) temporary access to lands that will be used for the development, management or removal of an agricultural or natural resource without the construction or location of any building on the lands,

( ii) access to a local government road or street,

( iii) emergency access, or

( iv) access for a utility; and

(d) in respect of a level IV controlled access highway, for any purpose the Minister considers appropriate.

(d) by repealing subsection (12);

(e) in subsection (14) by striking out “subsection 38(1)” and substituting “paragraph 67(1)(h)”;

(f) by repealing subsection (17).

1( 38) Subsection 39.1(2) of the English version of the Act is amended by striking out “his” and substituting “the Minister’s”.

1( 39) Section 40 of the Act is amended by striking out “an order made under section 38 abut a portion of a highway in which the soil and freehold is vested in the Crown in right of the Province” and substituting “a regulation made under paragraph 67(1)(h) or (i) abut a portion of a highway in which the soil and freehold are vested in the Crown”.

1( 40) Subsection 43(1) of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “The Minister, with the approval of the Lieutenant-Governor in Council,” and substituting “The Lieutenant-Governor in Council”;

(b) in paragraph (a)

( i) in subparagraph (i) by striking out “one hundred fifty metres” and “subsection 38(1)” and substituting “150 m” and “paragraph 67(1)(h)”, respectively;

( ii) in subparagraph (ii) by striking out “five hundred metres” and “subsection 38(1)” and substituting “500 m” and “paragraph 67(1)(h)”, respectively;

( iii) in subparagraph (iii) by striking out “one hundred fifty metres” and “subsection 38(1)” and substituting “150 m” and “paragraph 67(1)(h)”, respectively.

1( 41) Section 44.1 of the Act is amended

(a) in subsection (1)

( i) in the definition “exemption” by striking out “67(1)(c.32) or (c.35)” and substituting “67(1)(o) or (s)”;

( ii) in the definition “highway”

( A) in the portion preceding paragraph (a) by striking out “and is outside the territorial limits of a local government, whether or not the soil and freehold on, under or over which the highway is situated are vested in the Crown in right of the Province” and substituting “, whether or not the soil and freehold of the highway are vested in the Crown”;

( B) in paragraph b) of the French version by striking out the semi-colon at the end of the paragraph and substituting a period;

( iii) in the definition “usage agreement” by striking out “in right of the Province” wherever it appears;

(b) in subsection (6) by striking out “in right of the Province”;

(d) in subsection (11) in the portion preceding paragraph (a) by striking out “in right of the Province”;

(e) in subsection (16) of the French version by striking out “s’appliquent avec les modifications nécessaires à” and substituting “s’appliquent, avec les adaptations nécessaires, à”;

(f) in subsection (20) by striking out “in right of the Province”.

1( 42) Section 45 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

45( 2) If, in the Minister’s opinion, a company is causing an obstruction or interference referred to in subsection (1), the Minister may cause to be served on the company a notice directing the removal of the obstruction or interference, and if the company does not within five days after service of the notice proceed to remove the obstruction or interference and complete the removal within a reasonable time, the Minister or an agent of the Minister may remove the obstruction or interference and the expenses incurred in doing so may be recovered by action in the name of the Minister in any court of competent jurisdiction.

(b) in subsection (4) of the French version by striking out “modifications” and substituting “adaptations”.

1( 43) The heading “Warning respecting construction on highway” preceding section 46 of the Act is repealed.

1( 44) Section 46 of the Act is repealed.

1( 45) Subsection 47(4) of the Act is repealed.

1( 46) Section 49.1 of the Act is amended

(a) in subsection (2)

( i) in subparagraph (a)(ii) by striking out “under subsection (2.1)”;

( ii) in subparagraph (b)(ii) by striking out “under subsection (2.1)”;

(b) by repealing subsection (2.1);

1( 47) The Act is amended by adding after section 51 the following:

Public non-maintained road – classification

51.1( 1) The Minister may classify any public road that is not a highway as a public non-maintained road.

51.1( 2) The Minister is not responsible for the maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of a public non-maintained road even if the Minister has maintained, repaired, replaced, altered, extended, expanded or rehabilitated the public non-maintained road in the past.

51.1( 3) Any person who uses a public non-maintained road does so at their own risk.

51.1( 4) No action or other proceeding lies or shall be instituted against the Crown or the Minister as a result of the condition of a public non-maintained road.

Public non-maintained road – agreements and contracts

51.2( 1) The Minister, with the approval of the Lieutenant-Governor in Council, may enter into and amend an agreement or contract with the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of a public non-maintained road.

51.2( 2) Subject to subsection (3), the Minister may enter into and amend an agreement or contract with any person other than the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the maintenance, repair, replacement, alteration, extension, expansion or rehabilitation of a public non-maintained road.

51.2( 3) The Minister may enter into and amend an agreement or contract referred to in subsection (2)

(a) without the approval of the Lieutenant-Governor in Council if the value of the agreement or contract is less than $2,000,000, or

(b) with the approval of the Lieutenant-Governor in Council if the value of the agreement or contract is $2,000,000 or greater.

1( 48) Section 52 of the Act is amended by striking out “The Minister, with the approval of the Lieutenant-Governor in Council and having regard to” and substituting “The Minister, having regard to”.

1( 49) Section 53 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

53( 3) The Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement or contract with the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, financing, construction, maintenance or control of resource access roads.

(b) by adding after subsection (3) the following:

53( 4) The Minister may enter into an agreement or contract with any person other than the Government of Canada, the government of any other province or territory of Canada or the government of a jurisdiction outside Canada respecting the acquisition, financing, construction, maintenance or control of resource access roads

(a) without the approval of the Lieutenant-Governor in Council if the value of the agreement or contract is less than $2,000,000, or

(b) with the approval of the Lieutenant-Governor in Council if the value of the agreement or contract is $2,000,000 or greater.

1( 50) Subsection 54(2) of the English version of the Act is amended by striking out “thereto, he” and substituting “in the resource access road, the Minister”.

1( 51) Section 55 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

55( 2) The Minister may post an order referred to in subsection (1) on a resource access road or the Department of Transportation and Infrastructure website.

(b) in paragraph (3)(d) of the English version by striking out “he” and substituting “the Minister”.

1( 52) Section 56 of the Act is amended by striking out “mutatis mutandis” and substituting “with the necessary modifications”.

1( 53) The heading “Provincial dump – definitions” preceding section 58 of the Act is repealed.

1( 54) Section 58 of the Act is repealed.

1( 55) The heading “Provincial dump – administration” preceding section 58.1 of the Act is repealed.

1( 56) Section 58.1 of the Act is repealed.

1( 57) The heading “Provincial dump – Local Governance Act” preceding section 59 of the Act is repealed.

1( 58) Section 59 of the Act is repealed.

1( 59) The heading “Provincial dump – powers and duties of Minister” preceding section 60 of the Act is repealed.

1( 60) Section 60 of the Act is repealed.

1( 61) The heading “Provincial dump – junk or refuse” preceding section 61 of the Act is repealed.

1( 62) Section 61 of the Act is repealed.

1( 63) The heading “Provincial dump – order of judge” preceding section 62 of the Act is repealed.

1( 64) Section 62 of the Act is repealed.

1( 65) The heading “Provincial dump – regulations” preceding section 62.1 of the Act is repealed.

1( 66) Section 62.1 of the Act is repealed.

1( 67) Section 64 of the English version of the Act is amended

(a) in subsection (1) by striking out “upon giving thirty days notice in writing by registered mail to the owner of a building lying within the right of way of a highway may, upon the expiration of the thirty day period, remove that building from the right of way” and substituting “on giving 30 days’ notice in writing by registered mail to the owner of a building lying within the right-of-way of a highway may, on the expiration of the 30-day period, remove that building from the right-of-way”;

(b) in paragraph (2)(a) by striking out “right of way” and substituting “right-of-way”.

1( 68) The heading “Ligne de surveillance sur les deux côtés des routes” preceding section 65 of the French version of the Act is amended by striking out “sur les deux côtés des routes” and substituting “sur une route de grande communication ou une route collectrice”.

1( 69) Section 65 of the Act is amended

(a) by repealing subsection (1);

(b) in subsection (2) by striking out “established under subsection (1)” and “right of way than one hundred eighty metres” and substituting “designated by regulation” and “right-of-way than 180 m”, respectively;

(c) in subsection (3) by striking out “Where an arterial or collector highway has been made subject to subsection (1) no person shall construct or place nearer to that highway than the control line established under subsection (1)” and substituting “If a control line is designated by regulation with respect to an arterial highway or collector highway, no person shall construct or place nearer to that highway than the control line”;

(d) in subsection (4) by striking out “The prohibition set out in subsection (3) has effect as and from the registration of the Order in Council made under subsection (1) in the registry office of the county in which the lands lie and the prohibition does not affect” and substituting “The prohibition set out in subsection (3) does not apply to”;

(e) by repealing subsection (4.1);

(f) by repealing subsection (4.2);

(g) by repealing subsection (4.3);

(h) by repealing subsection (4.4);

(i) by repealing subsection (4.5);

(j) in subsection (6) by striking out “may enter by himself or by his servants, employees, workmen, contractors, or agents” and substituting “the Minister or a contractor or agent of the Minister may enter”;

(k) by repealing subsection (7) and substituting the following:

65( 7) Despite subsection (3), if the Minister is satisfied that the public interest is not adversely affected, the Minister may issue a permit, in the form, for the term and subject to the terms and conditions that the Minister determines, authorizing a person to construct an entrance way onto a highway for which a control line has been designated by regulation, and the Minister may cancel the permit.

1( 70) Section 67 of the Act is repealed and the following is substituted:

67( 1) The Lieutenant-Governor in Council may make regulations

(a) specifying items which may be dealt with by the Minister under section 13.1;

(b) prescribing fees for the issuance, amendment or renewal of permits under section 34.1;

(d) respecting the application for and the issuance of special permits under subsection 36(12) and the terms and conditions applicable to those permits;

(e) prescribing fees for special permits under subsection 36(12);

(f) respecting the manner in which vehicles and axles are to be weighed, including adopting by reference a regulation under the Motor Vehicle Act, with any necessary modifications, for that purpose;

(g) designating a device of a kind that is designed to measure weight as being an approved weighing device, including adopting by reference a regulation under the Motor Vehicle Act, with any necessary modifications, for that purpose;

(h) designating a highway or a portion of a highway as a controlled access highway under one of the following categories:

( i) a level I controlled access highway;

( ii) a level II controlled access highway;

( iii) a level III controlled access highway; or

( iv) a level IV controlled access highway;

(i) revising or revoking the designation of a highway or a portion of a highway made under paragraph (h);

(j) designating a person as a utility for the purposes of section 39;

(k) prescribing fees for permits under section 39;

(l) respecting the marking of any private road, entrance way, driveway or gate or any local government road or street in respect of which a permit may be issued under section 39;

(m) establishing safety standards respecting access to highways that have not been designated as controlled access highways;

(n) respecting the use of highways;

(o) exempting highways, specifically or by class, for the purposes of paragraph (b) of the definition “highway” in subsection 44.1(1);

(p) establishing fees and respecting the calculation of fees payable under usage agreements as provided for in subsection 44.1(4);

(q) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of highway usage permits;

(r) prescribing fees and the method of calculating fees in relation to applications for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of highway usage permits and exemptions referred to in paragraph (o) or (s);

(s) respecting the application for and the issuance, amendment, transfer, suspension, cancellation, renewal and reinstatement of exemptions of persons, specifically or by class, from the requirement

( i) to obtain a highway usage permit under section 44.1, or

( ii) to pay a fee referred to in paragraph (r);

(t) establishing or authorizing the Minister to establish terms and conditions or grounds on which highway usage permits or exemptions referred to in paragraph (o) or (s) may be refused, issued, amended, transferred, held, suspended, cancelled, renewed or reinstated;

(u) respecting the expiry dates of highway usage permits or exemptions referred to in paragraph (o) or (s);

(v) respecting insurance coverage or the posting of security as a condition of obtaining or continuing to hold a highway usage permit or having a highway usage permit amended, transferred, renewed or reinstated;

(w) prescribing services in relation to a provincial-municipal highway;

(x) specifying the roles and responsibilities of the Minister and a local government in relation to carrying out or providing for services in relation to a provincial-municipal highway;

(y) specifying activities for the purposes of the definitions “summer maintenance” and “winter maintenance” in subsection 49.1(1);

(z) prescribing any formula to determine the rate of compensation to be paid under an agreement made under subsection 49.1(2) that provides for a payment for maintenance services for a highway referred to in paragraph 49.1(2)(a) or for a road or street referred to in paragraph 49.1(2)(b);

(aa) authorizing the Minister to determine the lane kilometrage of a highway referred to in paragraph 49.1(2)(a) or a road or street referred to in paragraph 49.1(2)(b);

(bb) designating a control line on a portion of an arterial highway or collector highway;

(cc) respecting the delegation under section 66.1 of a power, right, duty or responsibility in relation to a highway;

(dd) authorizing the Minister to provide forms for the purposes of this Act and the regulations;

(ee) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(ff) respecting any other matter that may be necessary for the proper administration of this Act.

67( 2) A regulation made under paragraph (1)(h) or (i) shall contain, in respect to a highway or a portion of a highway designated as a controlled access highway,

(a) an attached plan of the highway or portion of highway,

(b) a general or particular description of the highway or portion of highway, or

67( 3) Despite section 3 of the Regulations Act, a regulation made under paragraph (1)(h) or (i) shall take effect and the highway or portion of a highway to which it relates shall be a controlled access highway on the later of

(a) the date on which the regulation is registered in the appropriate land registration office under subsection (8), and

(b) any commencement date specified in the regulation.

67( 4) A notice of the registration of a regulation made under paragraph (1)(h) or (i) containing sufficient information to identify the controlled access highway shall be posted on the Department of Transportation and Infrastructure website.

67( 5) A regulation made under paragraph (1)(bb) shall contain, in respect to a highway or a portion of a highway for which a control line has been designated,

(a) an attached plan of the highway or portion of highway,

(b) a general or particular description of the highway or portion of highway, or

67( 6) Despite section 3 of the Regulations Act, a regulation made under paragraph (1)(bb) shall take effect and the control line shall be designated on the later of

(a) the date on which the regulation is registered in the appropriate land registration office under subsection (8), and

(b) any commencement date specified in the regulation.

67( 7) A notice of the registration of a regulation made under paragraph (1)(bb) containing sufficient information to identify the highway or the portion of the highway for which a control line has been designated shall be posted on the Department of Transportation and Infrastructure website.

67( 8) A regulation made under paragraph (1)(h), (i) or (bb) shall be registered in the appropriate land registration office.

67( 9) Failure to post the notice under subsection (4) or (7) does not affect the validity of the regulation.

1( 71) Paragraph 69(1)(h) of the Act is repealed and the following is substituted:

(h) wilfully obstructs or interferes with the Minister or an agent of the Minister in exercising powers or performing duties under this Act,

1( 72) Schedule A of the Act is amended by striking out

	61(1)(a) ...............	C
	61(1)(b) ...............	F
	61(1)(c) ...............	F
	61(1)(d) ...............	F

Regulation under the Community Planning Act

2 Paragraph 3(c) of New Brunswick Regulation 84-292 under the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is repealed and the following is substituted:

(c) to any portion of an arterial or collector highway on which a control line has been designated under the Highway Act.

Regulations under the Highway Act

3( 1) Despite any inconsistency with any provision of this Act, the following regulations made under the Highway Act are valid and continue in force until the enacting clauses of the regulations are amended in accordance with this section:

(a) New Brunswick Regulation 82-164;

(b) New Brunswick Regulation 84-47;

(d) New Brunswick Regulation 94-88;

(e) New Brunswick Regulation 94-89;

(f) New Brunswick Regulation 94-90;

(g) New Brunswick Regulation 94-91;

(h) New Brunswick Regulation 94-92;

(i) New Brunswick Regulation 94-93;

(j) New Brunswick Regulation 94-94;

(k) New Brunswick Regulation 94-95;

(l) New Brunswick Regulation 94-96;

(m) New Brunswick Regulation 94-97;

(n) New Brunswick Regulation 94-98;

(o) New Brunswick Regulation 94-99;

(p) New Brunswick Regulation 94-100;

(q) New Brunswick Regulation 94-101;

(r) New Brunswick Regulation 97-143;

(s) New Brunswick Regulation 98-33; and

(t) New Brunswick Regulation 2010-55.

3( 2) The enacting clause of New Brunswick Regulation 82-164 under the Highway Act is amended by striking out “the Minister, with the approval of the Lieutenant-Governor in Council,” and substituting “the Lieutenant-Governor in Council”.

3( 3) New Brunswick Regulation 84-47 under the Highway Act is amended

(a) by repealing the enacting clause and substituting the following:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

(b) in subsection 7(1) by striking out “Department of Transportation Plan Number CLP 69-6 filed in the office of the Minister of Transportation” and substituting “Department of Transportation and Infrastructure Plan Number CLP 69-6 filed in the office of the Minister”;

(c) in section 19 by striking out “Department of Transportation Plan Number CLP 72-2 filed in the office of the Minister of Transportation” and substituting “Department of Transportation and Infrastructure Plan Number CLP 72-2 filed in the office of the Minister”.

3( 4) The enacting clause of New Brunswick Regulation 94-87 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 5) The enacting clause of New Brunswick Regulation 94-88 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 6) The enacting clause of New Brunswick Regulation 94-89 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 7) The enacting clause of New Brunswick Regulation 94-90 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 8) The enacting clause of New Brunswick Regulation 94-91 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 9) The enacting clause of New Brunswick Regulation 94-92 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 10) The enacting clause of New Brunswick Regulation 94-93 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 11) The enacting clause of New Brunswick Regulation 94-94 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 12) The enacting clause of New Brunswick Regulation 94-95 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 13) The enacting clause of New Brunswick Regulation 94-96 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 14) The enacting clause of New Brunswick Regulation 94-97 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 15) The enacting clause of New Brunswick Regulation 94-98 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 16) The enacting clause of New Brunswick Regulation 94-99 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 17) The enacting clause of New Brunswick Regulation 94-100 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 18) The enacting clause of New Brunswick Regulation 94-101 under the Highway Act is repealed and the following is substituted:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

3( 19) New Brunswick Regulation 97-143 under the Highway Act is amended

(a) in the enacting clause by striking out “the Minister, with the approval of the Lieutenant-Governor in Council,” and substituting “the Lieutenant-Governor in Council”;

(b) in section 2

( i) in the definition “level I highway” by striking out “subsection 38(1)” and substituting “paragraph 67(1)(h)”;

( ii) in the definition “level II highway” by striking out “subsection 38(1)” and substituting “paragraph 67(1)(h)”.

3( 20) New Brunswick Regulation 98-33 under the Highway Act is amended

(a) by repealing the enacting clause and substituting the following:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

(b) by adding after section 1 the following:

1.1 In this Regulation, “Act” means the Highway Act.

( i) in paragraph (a) by striking out “Highway Act” and substituting “Act”;

( ii) in paragraph (b) by striking out “Highway Act” and substituting “Act”;

(d) by adding after section 2 the following:

2.1( 1) For the purposes of subsection 36(9) of the Act, a penalty shall be calculated as follows:

(a)  $1 for each 50 kg or fraction of 50 kg in the first 2,500 kg of excess weight;

(b)  $2 for each 50 kg or fraction of 50 kg of excess weight over 2,500 kg up to and including 4,500 kg;

(d)  $4 for each 50 kg or fraction of 50 kg of excess weight over 7,000 kg up to and including 9,000 kg; and

(e)  $5 for each 50 kg or fraction of 50 kg of excess weight over 9,000 kg.

2.1( 2) For the purposes of subsection 36(10) of the Act, a penalty shall be calculated as follows:

(a)  $1 for each 50 kg or fraction of 50 kg in the first 2,500 kg of excess weight;

(b)  $2 for each 50 kg or fraction of 50 kg of excess weight over 2,500 kg up to and including 4,500 kg;

(d)  $4 for each 50 kg or fraction of 50 kg of excess weight over 7,000 kg up to and including 9,000 kg; and

(e)  $5 for each 50 kg or fraction of 50 kg of excess weight over 9,000 kg.

3( 21) New Brunswick Regulation 2010-55 under the Highway Act is amended

(a) by repealing the enacting clause and substituting the following:

Under section 67 of the Highway Act, the Lieutenant-Governor in Council makes the following Regulation:

(b) in section 2

( i) in the definition “level I highway” by striking out “subsection 38(1)” and substituting “paragraph 67(1)(h)”;

( ii) in the definition “level II highway” by striking out “subsection 38(1)” and substituting “paragraph 67(1)(h)”.

Regulation under the Insurance Act

4 Section 2 of New Brunswick Regulation 2004-141 under the Insurance Act is amended in the definition “controlled access highway” by striking out “section 38” and substituting “paragraph 67(1)(h)”.

New Brunswick Highway Corporation Act

5 Section 11 of the New Brunswick Highway Corporation Act, chapter N-5.11 of the Acts of New Brunswick, 1995, is amended in the portion preceding paragraph (a) by striking out “paragraph 39(10)(a), subsections 39(11) and (13) to (18)” and substituting “paragraph 39(10)(b), subsections 39(13) to (16) and (18)”.