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This Act is current to October 11, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Transportation Investment Act

[SBC 2002] CHAPTER 65

Assented to October 31, 2002

Contents
Part 1 — Interpretation
1Definitions
Part 2 — Public-Private Partnerships for Highways
2Power to enter into agreements
3Mandatory provisions of concession agreement
4Optional provisions of concession agreement
5Provisions of concession agreement respecting breaches not punitive
6Rights, powers and obligations of minister, Transportation Investment Corporation and concessionaire
7Minister may take action for concessionaire
8Liability
9Audit
10Rights of parties on termination of concession agreement
Part 3 — Concession Highways
11Right of public access
12Connecting highways
13Intersection with highway
14Application of Assessment Act
Part 4 — Tolling
15Arbitrators
16Tolls
17Liability for tolls
18Information in invoices for tolls
19When tolls not payable
20Dispute resolution
21Appeal to arbitrator
22Application of dispute or appeal provisions
23Suspension or cancellation of toll device
24Other remedies
Part 4.1 — Transportation Investment Corporation
24.1Definitions
Division 1 — Establishment, Purposes and Powers of the Corporation
24.2Transportation Investment Corporation established as corporation
24.21Agent of the government
24.22Purposes of the corporation
24.23Capacity and powers
Division 2 — Governance of the Corporation
24.3Board of directors
24.31Term of office and reappointment
24.32Board remuneration and expenses
24.33Meetings and quorum
24.34Duties and powers of the board
24.35Chief executive officer
24.36Officers and employees
Division 3 — Financial Administration
24.4Investment powers
24.41Limitation on deficits
24.42Financial administration
24.43Corporation revenue
24.44Directives
Division 4 — Conflict of Interest
24.5Disclosure of interest
24.51Accounting for profit
24.52Validity
24.53Disclosure of conflict of office or property
Division 5 — General
24.6Application of the Business Corporations Act
24.61Repealed
24.62Liability
Part 5 — General
25Protection of personal information
25.1Concessionaires' websites
26Evidence
27Offence Act
28Power to make regulations
28.1Power to make ministerial regulations
29–41 Consequential Amendments
42Commencement

Part 1 — Interpretation

Definitions

1  In this Act:

"agent", when used in relation to the government,

(a) includes the corporation, and

(b) does not include a concessionaire or the billing organization or any person employed by or under contract to the concessionaire or billing organization;

"arbitrator" means a person appointed by the minister under section 15;

"billing organization" means the organization referred to in section 4 (1) (a);

"classified vehicle" means a vehicle belonging to a prescribed class or category of vehicles;

"common highway" means a highway that is not a concession highway;

"concession agreement" means an agreement referred to in section 2 (1) or (1.1), and includes all related agreements that are, in the agreement referred to in section 2 (1) or (1.1), specified as forming part of the concession agreement, and,

(a) when used in relation to a concessionaire, means the agreement, including the specified related agreements, under which that person is a concessionaire, and

(b) when used in relation to a concession highway, means the agreement, including the specified related agreements, contemplated by this Act under which interests or rights in that concession highway are transferred or granted or obligations in relation to that concession highway are imposed;

"concession highway" means the highway or portion of a highway, or the highways or portions of highways, in relation to which interests or rights are transferred or granted or obligations are imposed under a concession agreement, and,

(a) when used in relation to a concessionaire, means the highway or portion of highway, or the highways or portions of highways, in relation to which that person is a concessionaire, and

(b) when used in relation to a concession agreement, means the highway or portion of highway, or the highways or portions of highways, in relation to which interests, rights or obligations are transferred, granted or imposed under that concession agreement,

and includes expansions or extensions of the highway or portion of highway or of the highways or portions of highways;

"concessionaire" means a person who, in a valid and subsisting concession agreement, is designated as the concessionaire, and, where the context so dictates, includes the corporation;

"corporation" means the Transportation Investment Corporation established under section 24.2;

"due date" in relation to a toll, means

(a) the day prescribed as the day by which the toll must be paid, or

(b) if no day is prescribed as referred to in paragraph (a), the day established in accordance with the concession agreement as the day by which the toll must be paid;

"excessive toll debt" means a toll debt of not less than

(a) the amount prescribed with respect to that toll, or

(b) if no amount is prescribed as referred to in paragraph (a), the amount established in accordance with the concession agreement;

"expand" includes

(a) add or expand lanes,

(b) add or expand interchanges,

(c) add or expand tunnels, bridges, walls and other structures, and

(d) make other improvements;

"extend" includes construct linear additions;

"highway" includes

(a) subject to paragraph (c), every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way not referred to in paragraph (a) that is designed or intended for or used by the general public for the passage of vehicles, and

(c) ferries and ferry landings that are owned or operated by or on behalf of the government, except those that are

(i) part of the British Columbia Ferry Corporation,

(ii) coastal ferries other than those coastal ferries designated by the Lieutenant Governor in Council, and

(iii) part of the regional transportation system as defined in the South Coast British Columbia Transportation Authority Act;

"inspector" means a person, or a member of a class of persons, designated in accordance with the regulations to carry out the functions of an inspector under this Act;

"maintain" includes keep in repair;

"number plate" has the same meaning as in the Motor Vehicle Act;

"payment mechanism" means a preauthorized credit or debit arrangement or internet billing, e-post or any other payment arrangement in accordance with the concession agreement;

"person" has the same meaning as in the Interpretation Act and includes a joint venture;

"toll" means a charge for the use of some or all of a concession highway by a vehicle;

"toll debt", in relation to a person who has been charged a toll by a concessionaire or the billing organization, means,

(a) subject to paragraphs (b) and (c), the portion of the toll that remains unpaid after the expiry of the period within which the person's liability for the toll may be disputed under section 20, plus any interest or other charges payable in relation to that amount,

(b) subject to paragraph (c), if the person disputes the person's liability for a toll or any related interest or charges in accordance with the dispute resolution procedure referred to in section 20, the amount that

(i) is, under that procedure, determined or deemed to be owing by the person to the concessionaire or billing organization, or

(ii) the parties to the dispute resolution procedure agree is owing by the person to the concessionaire or billing organization, or

(c) if the person disputes the person's liability for a toll or any related interest or charges in accordance with the appeal procedure referred to in section 21, the amount that is, under that procedure, determined by the arbitrator to be owing by the person to the concessionaire or billing organization;

"toll device" means a device that

(a) may be installed or carried in or on, or attached to, a vehicle, and

(b) allows electronic identification of the person who is to pay the toll, or the account from which the toll is paid, arising from the vehicle's use of a concession highway;

"toll reader" means equipment that detects toll devices;

"upgrade", in relation to a highway, includes improve the design, quality, durability, safety, operation or capacity of the highway;

"vehicle" has the same meaning as "vehicle" in the Motor Vehicle Act.

Part 2 — Public-Private Partnerships for Highways

Power to enter into agreements

2  (1) The minister may, with the approval of the Lieutenant Governor in Council, enter into one or more agreements under which

(a) the minister agrees, on behalf of the government, to transfer or grant to the person designated in the agreement as the concessionaire one or more of the following:

(i) interests in, or rights or obligations relating to, land that is, or is to be, part of a concession highway;

(ii) interests in or rights to buildings, bridges, walls, tunnels, culverts, wires, pipes and other things used for the construction, operation, safety, protection, servicing or maintenance of, or to provide services to persons using, the highway referred to in subparagraph (i);

(iii) shares in any corporation that operates all or any portion of the highway that is, or is to be, the concession highway, or interests in those shares;

(iv) other interests in, or rights or obligations relating to, the highway referred to in subparagraph (i),

(b) the person designated in the agreement as the concessionaire undertakes to maintain and operate all or part of the highway referred to in paragraph (a) (i), and

(c) the person designated in the agreement as the concessionaire may undertake to do one or more of develop, plan, design, construct, expand, extend, upgrade, remove and rehabilitate all or part of the highway referred to in paragraph (a) (i).

(1.1) The minister may, with the approval of the Lieutenant Governor in Council, enter into one or more agreements with the corporation or any other person under which the minister agrees, on behalf of the government, to the terms on which the corporation may enter into one or more agreements under which

(a) the corporation agrees to transfer or grant to the person designated in the agreement as the concessionaire one or more of the following:

(i) interests in, or rights or obligations relating to, land that is, or is to be, part of a concession highway;

(ii) interests in or rights to buildings, bridges, walls, tunnels, culverts, wires, pipes and other things used for the construction, operation, safety, protection, servicing or maintenance of, or to provide services to persons using, the highway referred to in subparagraph (i);

(iii) shares in any corporation that operates all or any portion of the highway that is, or is to be, the concession highway, or interests in those shares;

(iv) other interests in, or rights or obligations relating to, the highway referred to in subparagraph (i),

(b) the person designated in the agreement as the concessionaire undertakes to maintain and operate all or part of the highway referred to in paragraph (a) (i), and

(c) the person designated in the agreement as the concessionaire may undertake to do one or more of develop, plan, design, construct, expand, extend, upgrade, remove and rehabilitate all or part of the highway referred to in paragraph (a) (i).

(2) Nothing in a concession agreement affects any rights, interests or permits of persons who hold any rights or interests in or any permits relating to any land that forms or is to form part of the concession highway.

(3) Despite subsection (1) or (1.1), a concession agreement must not transfer a fee simple interest in any land that forms or is to form part of the concession highway.

(4) Nothing in subsection (3) prevents a concession agreement from transferring title to, or any interests in, improvements or fixtures on any land referred to in subsection (3).

Mandatory provisions of concession agreement

3  A concession agreement referred to in section 2 (1) (a) to (c) and (1.1) (a) to (c), but not a concession agreement entered into by the minister with the corporation under section 2 (1.1), must

(a) specify the consideration to be provided by the concessionaire to the government or the corporation for the interests transferred, and the rights granted, to the concessionaire under the concession agreement, and specify how and when that consideration is to be provided,

(b) identify any things in which interests are transferred, or in respect of which rights are granted, to the concessionaire under the concession agreement,

(c) state whether or not tolls may be charged for vehicular use of the concession highway and, if so, how those tolls are to be set and varied from time to time by the minister and the concessionaire, including the corporation, or any one or more of them in accordance with the concession agreement,

(c.1) set out any other payment arrangements, including, without limitation, the following:

(i) payment by the government or any other contracting party of an amount or amounts based on the performance by the concessionaire of any or all of its obligations under the concession agreement;

(ii) payment by the government or any other contracting party of an amount or amounts based on one or both of use and availability of the concession highway;

(iii) payment to the government or any other contracting party of an amount or amounts based on tolls,

(d) set out obligations of the concessionaire relating to the concession highway, which obligations may include but are not limited to obligations to develop, finance, plan, design, construct, expand, extend, upgrade, remove, maintain, rehabilitate and operate all or part of the concession highway,

(e) specify the powers, permits, approvals and other authorizations that are granted to the concessionaire by the government or the corporation under the concession agreement,

(f) require the concessionaire, when performing the concessionaire's obligations or exercising the concessionaire's rights in relation to the concession highway, to meet or exceed the standards applicable to a comparable public highway, or, if higher standards are referred to in the concession agreement, meet or exceed those specified standards, including, without limiting this, design, construction, safety, maintenance and signage standards,

(g) require that the concessionaire not close the concession highway except for so long as, and to the extent that,

(i) closure is necessary to permit maintenance or construction,

(ii) closure is necessary for public safety, or

(iii) closure is required by the minister under the Transportation Act,

(h) provide for the manner, if any, in which the concessionaire is to be compensated for any loss that the concessionaire suffers as a result of the exercise by the government of any of its rights to

(i) require closure of the concession highway,

(ii) access any land that forms part of the concession highway, or

(iii) carry out any activity or construct anything on, under or over any land that forms part of the concession highway,

(i) require the concessionaire to contribute, in the manner and to the extent contemplated by the concession agreement, to

(i) the cost of arbitrators, and

(ii) the cost of appeals under section 21,

(j) set out the respective rights and responsibilities of the government and the concessionaire in relation to those places where the concession highway intersects or abuts any common highway, and the respective rights and responsibilities of concessionaires in relation to those places where their respective concession highways intersect or abut,

(k) set out any reporting and public information requirements and any record retention requirements that the concessionaire must meet, and specify the records or classes of records, if any, respecting the maintenance or safety of the concession highway that the concessionaire must, on request, make available to the minister or the corporation,

(l) stipulate the condition in which any things in which interests are transferred, or in respect of which rights are granted, to the concessionaire under the concession agreement must be returned at the end of the concession agreement, and

(m) stipulate the requirements for insurance, bonds, including performance bonds and labour and material payment bonds, securities, indemnities and guarantees that the concessionaire must provide in connection with the concession highway.

Optional provisions of concession agreement

4  (1) A concession agreement may include any other provisions that the parties consider appropriate and, without limiting this, the minister or the corporation may, in a concession agreement,

(a) authorize or require the concessionaire to establish or use a billing organization to do one or both of invoice and collect tolls that are charged as a result of the detection of toll devices or the reading of number plates on the concession highway,

(b) authorize or require the concessionaire to accept payment of a toll by an occupant of a vehicle at the time of the vehicle's use of the concession highway, or

(c) authorize or require the concessionaire to exempt from tolls specified persons or vehicles or classes of persons or vehicles.

(2) A concession agreement entered into by the minister with the corporation under section 2 (1.1) may include any provisions that the parties consider appropriate and, without limiting this, any provisions set out in section 3.

Provisions of concession agreement respecting breaches not punitive

5  A provision in a concession agreement that stipulates a drawback or penalty for failure to perform a condition of the concession agreement or to fulfill a covenant or promise in the concession agreement must not be construed as punitive, but as importing an assessment by mutual consent of the damages caused by the failure.

Rights, powers and obligations of minister, Transportation Investment Corporation and concessionaire

6  (1) Without limiting section 8, the minister and ministry have, in relation to concession highways, all of the rights and powers that the minister and ministry respectively have in relation to common highways.

(2) Nothing in subsection (1) of this section requires the government to take any action or provide any money for or in relation to any matter relating to a concession highway.

(3) Subject to subsection (5), if, in law or under any enactment, the minister is provided with rights, powers or functions, the minister may, in a concession agreement, delegate to the concessionaire any or all of those rights, powers or functions as they relate to the concession highway and, in that event, the concessionaire is entitled to exercise those rights, powers or functions in relation to the concession highway during the currency of the concession agreement, subject to any limits or conditions imposed by the minister in relation to that delegation.

(3.1) If the minister delegates rights, powers or functions to the corporation under subsection (3), the corporation may, in a concession agreement, delegate to the concessionaire any or all of those rights, powers and functions as they relate to the concession highway and, in that event, the concessionaire is entitled to exercise those rights, powers or functions in relation to the concession highway during the currency of the concession agreement, subject to any limits or conditions imposed by the corporation in relation to that delegation.

(4) Subject to subsection (5), if, in law or under any enactment, obligations are imposed on the minister, the minister may, in a concession agreement, impose any or all of those obligations as they relate to the concession highway on the concessionaire and, in that event,

(a) the minister is relieved from those obligations in relation to the concession highway, and

(b) the concessionaire must perform those obligations in relation to the concession highway.

(4.1) If the minister imposes obligations on the corporation under subsection (4), the corporation may, in a concession agreement, impose any or all of those obligations as they relate to the concession highway on the concessionaire and, in that event,

(a) the corporation is relieved from those obligations in relation to the concession highway, and

(b) the concessionaire must perform those obligations in relation to the concession highway.

(5) The minister must not delegate to the concessionaire any rights, powers or functions available to the minister under, and must not impose on the concessionaire any obligations of the minister under, the Freedom of Information and Protection of Privacy Act or section 25 of this Act unless the minister is authorized to do so by regulation of the Lieutenant Governor in Council.

(5.1) If the minister makes a delegation and imposition under subsection (5) to the corporation, the corporation must not make a further delegation or imposition to a concessionaire unless the corporation is authorized to do so by the Lieutenant Governor in Council.

(6) Without limiting subsection (4) or (4.1) of this section, a concessionaire referred to in section 2 (1) (a) to (c) or (1.1) (a) to (c)

(a) has, in relation to the concession highway, the same duty of care that the minister would have were that highway a common highway,

(b) must maintain and operate the concession highway, and

(c) must, if the concessionaire constructs, expands, extends or upgrades the whole or any portion of the concession highway, develop, plan and design the construction, expansion, extension or upgrade.

(7) Without limiting any other liability a concessionaire may be subject to at law or under an enactment, if the concessionaire defaults in performing any of the concessionaire's obligations under subsections (4), (4.1) and (6), the concessionaire is liable for any loss or damage sustained by any person by reason of the default.

Minister may take action for concessionaire

7  (1) If, for the purposes of a concession agreement, the concessionaire considers it necessary to

(a) acquire, enter on, pass over or use any land,

(b) alter any feature of land,

(c) construct, relocate, remove or use roads on, to or from land, or

(d) place on, alter or remove from land any substance or structure,

and is unable to obtain the agreement of the owner of the land within a reasonable time and on reasonable terms, the concessionaire may refer the matter to the minister.

(2) If the minister is satisfied that the action under subsection (1) proposed by the concessionaire is reasonable and necessary for the carrying out of the concession agreement, the minister may

(a) take the proposed action, including, without limiting this, expropriate any land, or

(b) take any other action, mutually agreed between the minister and the concessionaire, that the minister has power to take under the Transportation Act.

Liability

8  (1) Despite any law to the contrary and despite any enactment, neither the government nor any employee, agent, minister or ministry of the government has

(a) any duty to develop, plan, design or construct any portion of a concession highway that, under any concession agreement referred to in section 2 (1) or (1.1), the concessionaire is to construct,

(b) any duty to expand, extend, upgrade, remove, maintain, rehabilitate, operate, close or require the closure of a concession highway,

(c) any duty to instruct or supervise a concessionaire or the billing organization, and

(d) any duty of care with respect to any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, rehabilitation, operation or closure of, or any other activity in relation to, a concession highway that, after any concession agreement referred to in section 2 (1) or (1.1) takes effect, is

(i) done by any person other than the government or any employee, agent, minister or ministry of the government, or

(ii) omitted to be done.

(1.1) Despite any law to the contrary and despite any enactment, neither the corporation nor any director, officer, employee or agent of the corporation has

(a) any duty to develop, plan, design or construct any portion of a concession highway that, under a concession agreement referred to in section 2 (1.1) (a) to (c), the concessionaire is to construct,

(b) any duty to expand, extend, upgrade, remove, maintain, rehabilitate, operate, close or require the closure of a concession highway,

(c) any duty to instruct or supervise a concessionaire or the billing organization, and

(d) any duty of care with respect to any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, rehabilitation, operation or closure of, or any other activity in relation to, a concession highway that, after any concession agreement referred to in section 2 (1.1) (a) to (c) takes effect, is

(i) done by any person other than the corporation, or any director, officer, employee or agent of the corporation, or

(ii) omitted to be done.

(2) Without limiting subsection (1), neither the government nor any employee, agent, minister or ministry of the government has any liability arising by operation of law in relation to anything done or omitted to be done on or in relation to the concession highway after any concession agreement referred to in subsection (1) or (1.1) takes effect, including, without limiting this, any liability in an action based on

(a) nuisance,

(b) the rule in Rylands v. Fletcher, or

(c) non-delegable duty.

(2.1) Without limiting subsection (1.1), neither the corporation nor any director, officer, employee or agent of the corporation has any liability arising by operation of law in relation to anything done or omitted to be done on or in relation to the concession highway after any concession agreement referred to in subsection (1.1) takes effect, including, without limiting this, any liability in an action based on

(a) nuisance,

(b) the rule in Rylands v. Fletcher, or

(c) non-delegable duty.

(3) Subject to subsection (4), no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the government or any employee, agent, minister or ministry of the government in respect of the failure by the government, or by any employee, agent, minister or ministry of the government, to take any action in connection with any concession agreement referred to in section 2 (1) or (1.1), or in connection with or against the concessionaire or the billing organization, including, without limiting this, the failure by the government or by the corporation, as the case may be, to take any action to terminate any concession agreement or any or all of the interests, rights, powers, permits, approvals and authorizations transferred or granted under any concession agreement, if the concessionaire or billing organization breaches any provision of this Act, the regulations, the concession agreement or any other agreement to which the government is a party.

(3.1) Subject to subsection (4.1), no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the corporation or any director, officer, employee or agent of the corporation, in respect of the failure by the corporation or any director, officer, employee or agent of the corporation, to take any action in connection with a concession agreement referred to in section 2 (1.1) (a) to (c), or in connection with or against the concessionaire or the billing organization, including, without limiting this, the failure to take any action to terminate the concession agreement or any or all of the interests, rights, powers, permits, approvals and authorizations transferred or granted under the concession agreement, if the concessionaire or billing organization breaches any provision of this Act, the regulations, the concession agreement or any other agreement to which the corporation is a party.

(4) Subsection (3) does not apply to the government or any employee, agent, minister or ministry of the government if the failure referred to in subsection (3) is in bad faith.

(4.1) Subsection (3.1) does not apply to the corporation or any director, officer, employee or agent of the corporation, if the failure referred to in subsection (3.1) is in bad faith.

(5) Despite any law to the contrary and despite any enactment, no damages or compensation of any kind is payable by the government or by any employee, agent, minister or ministry of the government, or the corporation or any director, officer, employee or agent of the corporation, in respect of, and no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the government or any employee, agent, minister or ministry of the government, or the corporation or any director, officer, employee or agent of the corporation, in respect of,

(a) a highway becoming a concession highway, or

(b) after a highway becomes a concession highway, anything that is done by any person other than the government or an employee, agent, minister or ministry of the government, or the corporation or any director, officer, employee or agent of the corporation, in connection with the concession highway, or that is omitted to be done in connection with the concession highway, including, without limiting this, any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, rehabilitation, operation or closure of, or failing to close, the concession highway.

(6) A concessionaire that is an occupier of a concession highway has the same liability, if any, under the Occupiers Liability Act in respect of that highway as would the government were the government the occupier of that highway.

(7) Nothing in subsection (5) (b) relieves the government, the corporation or any other contracting party from its obligation to pay, in the manner and at the time required by the concession agreement or any other agreement, any amount it is expressly obligated by that agreement to pay.

(8) Nothing in this section limits the power, capacity and authority of the government under section 72 of the Financial Administration Act and the regulations under that section.

Audit

9  At any time, the minister may, after giving reasonable notice to a concessionaire or the billing organization, require that the accounts and other records of the concessionaire or billing organization, as the case may be, that relate to any of the following be audited by an auditor satisfactory to the minister:

(a) the charging or collection of tolls;

(b) the collection, use and disclosure by the concessionaire or billing organization of personal information collected under section 25 (2) (a), (b), (c) or (d);

(b.1) the basis on which any amount is or may become payable to the concessionaire under a payment arrangement contemplated by section 3 (c.1);

(c) any other rights or obligations of the concessionaire under the concession agreement or this Act.

Rights of parties on termination of concession agreement

10  (1) If a concession agreement is terminated,

(a) all of the interests, rights and shares transferred or granted to the concessionaire under the concession agreement or this Act vest in the government or, in relation to a concession agreement granted by the corporation under section 2 (1.1), all of the interests, rights and shares transferred or granted to the concessionaire vest in the corporation,

(a.1) any obligation of the government or any other contracting party to make a payment under a payment arrangement contemplated by section 3 (c.1) ceases except insofar as the obligation arose before the termination of the concession agreement, and

(b) the concessionaire ceases to have any of the interests, rights and shares transferred or granted to the concessionaire under the concession agreement or this Act.

(2) Nothing in subsection (1) (a) prevents the government or the corporation from transferring or granting to another person, under this Act or otherwise, any or all of the interests, rights and shares that vest in the government or the corporation under that subsection.

(3) Nothing in subsection (1) (a.1) limits or otherwise affects any law or enactment by or under which an obligation referred to in that subsection is or may be terminated, limited or otherwise affected.

Part 3 — Concession Highways

Right of public access

11  (1) Subject to subsections (2) and (3), the public has the same right to access and use a concession highway as it does to access and use a common highway.

(2) The concessionaire may close the whole or any portion of the concession highway if, and only for the period and to the extent that,

(a) closure is necessary to permit maintenance or construction, or

(b) closure is necessary for public safety.

(3) The concessionaire must close the whole or any portion of the concession highway when and to the extent that closure is required by the minister under the Transportation Act.

(4) Nothing in subsection (1) removes from the public the obligation to pay any toll validly charged in relation to a concession highway.

Connecting highways

12  (1) A concessionaire must not close or divert any part of a concession highway that gives access to or egress from a highway

(a) except for so long as, and to the extent that,

(i) the closure or diversion is necessary to permit maintenance or construction,

(ii) the closure or diversion is necessary for public safety, or

(iii) the closure or diversion is required by the minister under the Transportation Act, or

(b) unless the concessionaire first obtains the consent of the government or, if the other highway is operated by a local government or another body, the consent of that local government or other body, which consent must not be unreasonably withheld.

(2) If a common highway is operated by the government, a local government or another body, that body must not close or divert any part of that highway that gives access to or egress from a concession highway

(a) except for so long as, and to the extent that,

(i) the closure or diversion is necessary to permit maintenance or construction, or

(ii) the closure or diversion is necessary for public safety, or

(b) unless the body first obtains the consent of the concessionaire, which consent must not be unreasonably withheld.

Intersection with highway

13  (1) Unless the concession agreement provides otherwise, if the concession highway intersects any part of a common highway, the concession highway continues without interruption.

(2) If a concession highway intersects any part of a common highway, the concessionaire must not impede or otherwise restrict access to or use of the intersection other than for safety or traffic control purposes, and neither the concessionaire nor the billing organization may charge a toll in relation to the use by any person or vehicle of the intersection.

Application of Assessment Act

14  (1) In this section, "travelled portion", in relation to a concession highway, means the portion of the concession highway that is primarily intended for the linear movement of vehicles.

(2) The following portions of the concession highway constitute a highway for the purposes of the Assessment Act:

(a) the travelled portion of the concession highway;

(b) any land adjoining the travelled portion of the concession highway that is necessary for the safe and efficient use of that travelled portion;

(c) those portions of the concession highway that are used exclusively or almost exclusively for one or more of the following:

(i) the assessment of tolls;

(ii) the collection of tolls;

(iii) a prescribed purpose.

Part 4 — Tolling

Arbitrators

15  (1) For the purposes of this Part, the minister must appoint one or more persons as arbitrators to serve for a term of 3 years.

(2) The minister must appoint, as arbitrators under this section, persons who are independent from all concessionaires and the billing organization.

Tolls

16  (1) If a concession agreement authorizes the charging of tolls, the following may occur in the manner and to the extent provided by the concession agreement:

(a) tolls may be charged for vehicular use of the concession highway, which tolls may differ in relation to

(i) the class of user of the concession highway or the class of vehicle to which the vehicle using the concession highway belongs,

(ii) the ownership, type, character, size, weight, number of axles or accessories of the vehicle using the concession highway,

(iii) the nature, extent, date or time of that use,

(iv) whether a toll device is detected, or not detected, in or on the vehicle, or whether the vehicle is identified by another method of vehicle information capture,

(v) the time and manner of payment of tolls, and

(vi) any other criteria prescribed by regulation or as provided for in accordance with a concession agreement;

(b) tolls may be set and varied from time to time;

(c) interest and other charges may be charged in relation to tolls that are not paid by their due date.

(2) The rate of interest that may be charged on a toll that is not paid by its due date, and the amount of any other charge related to a toll or its collection, must not exceed

(a) the rate and amount set by the regulations, or

(b) if no rate or amount is set by the regulations, the rate or amount established in accordance with the terms of the concession agreement.

Liability for tolls

17  (1) Any toll that may be charged in relation to the use by a vehicle of a concession highway may, unless the toll has been paid in accordance with subsection (3),

(a) if a toll reader detects a toll device in or on the vehicle and there is, in relation to that toll device, an account or other payment mechanism established with the concessionaire or the billing organization that is either in good standing or in which there are sufficient funds to pay the required toll, be deducted from that account or charged in accordance with that other payment mechanism,

(b) subject to paragraph (c), if a toll reader for the concession highway detects a toll device in or on the vehicle that is not one referred to in paragraph (a), be invoiced to the person to whom the toll device was issued, or if the vehicle is a classified vehicle, be charged in accordance with the regulations,

(c) if a toll reader for the concession highway detects, in or on the vehicle, a toll device that is of a type applicable to, or is coded or programmed for, a vehicle of a certain class and the vehicle in or on which the toll device is detected does not belong to that class, be invoiced to the person to whom the number plate on the vehicle was issued, or if the vehicle is a classified vehicle, be charged in accordance with the regulations, or

(d) if a toll reader for the concession highway does not detect a toll device in or on the vehicle,

(i) if there is, in relation to that vehicle, an account established with the concessionaire or the billing organization in which there are sufficient funds to pay the required toll, be deducted from that account,

(ii) if there is, in relation to that vehicle, a payment mechanism established with the concessionaire or the billing organization that is in good standing or in which there are sufficient funds to pay the required toll, be charged or debited in accordance with the payment mechanism, or

(iii) in any other case, be invoiced to the person to whom the number plate on the vehicle was issued, or if the vehicle is a classified vehicle, be charged in accordance with the regulations.

(2) If an invoice for a toll is issued by the concessionaire or the billing organization to a person to whom an invoice for the toll may be issued under subsection (1) (b), (c) or (d) (iii), or is charged in respect of a classified vehicle in accordance with the regulations, that person or the operator or owner of the classified vehicle is indebted to the concessionaire or billing organization, as the case may be, for the toll, and any interest or other charges payable in relation to it, unless

(a) the person, operator or owner disputes liability in accordance with the dispute resolution procedure referred to in section 20 and the concessionaire or billing organization, as the case may be, does not provide notice, in the time and manner required by that procedure, of their disagreement with the dispute, or

(b) the person, operator or owner appeals a demand in accordance with the appeal procedure referred to in section 21 and is found by the arbitrator to have no liability for the toll.

(3) Unless the concession agreement provides otherwise, the concessionaire may provide, or, if required to do so under the concession agreement, must provide, for payment of a toll by an occupant of a vehicle at the time of the vehicle's use of the concession highway.

Information in invoices for tolls

18  (1) An invoice relating to one or more tolls being charged to a person must include, for each toll referred to in the invoice,

(a) a statement as to whether the person was identified as being liable for the toll by the detection of a toll device or by the reading of a number plate,

(b) the date, time and location at which the device was detected or the plate was read, and

(c) any other information required by the regulations.

(2) Despite subsection (1), the concessionaire need not issue an invoice if the person to whom an invoice for the toll is to be issued has established a payment mechanism with the concessionaire or billing organization.

(3) The concessionaire must, on request of a person referred to in subsection (2), issue to that person an invoice indicating payment and containing the information specified in subsection (1).

When tolls not payable

19  (1) No toll is payable in relation to the access to, or use of, a concession highway by any of the following:

(a) emergency vehicles within the meaning of the Motor Vehicle Act;

(b) prescribed persons or vehicles engaged in the provision of other emergency services;

(c) any other person, class of person, vehicle, or class of vehicle, to the extent that the regulations provide that person, vehicle or class with an exemption from paying the toll.

(2) In addition to subsection (1), no toll is payable by a person if

(a) the toll was attributed to the person by virtue of the detection of the person's toll device and, at the date and time for which the toll is being charged, the toll device issued to the person was not in or on a vehicle using the concession highway,

(b) the toll was attributed to the person by virtue of the reading of the person's number plate and, at the date and time for which the toll is being charged, the number plate issued to the person was not on a vehicle using the concession highway,

(c) the toll was attributed to the person by virtue of the detection of the person's toll device or the reading of the person's number plate and, at the date and time for which the toll is being charged, the person's toll device or number plate, as the case may be, or the vehicle in or on which it was located was stolen, or

(d) the toll was improperly charged within the meaning of the regulations.

Dispute resolution

20  A person who has received an invoice for a toll in relation to a concession highway may, on one or more of the grounds referred to in section 19, dispute that person's liability for the toll and for any related interest or other charges

(a) in accordance with the dispute resolution procedure prescribed for the concession highway, or

(b) if no dispute resolution procedure has been prescribed as referred to in paragraph (a) for the concession highway, in accordance with the dispute resolution procedure established in accordance with the concession agreement for the highway.

Appeal to arbitrator

21  (1) A person who has disputed the person's liability for a toll in accordance with the dispute resolution procedure referred to in section 20 and who is not satisfied with the outcome of that procedure may, on one or more of the grounds referred to in section 19, appeal the person's liability for that toll to an arbitrator

(a) in accordance with the appeal procedure prescribed for the concession highway, or

(b) if no appeal procedure has been prescribed as referred to in paragraph (a) for the concession highway, in accordance with the appeal procedure established in accordance with the concession agreement for the highway.

(2) On an appeal under this section, the arbitrator may make any order the arbitrator considers appropriate including, without limiting this,

(a) an order that the person to whom the invoice was issued is liable to pay none, some or all of the amount invoiced, and

(b) an order that the concessionaire or billing organization repay to the person to whom the invoice was issued some or all of the money provided by that person to the concessionaire or billing organization.

(3) The decision of an arbitrator under the appeal procedure referred to in subsection (1) is binding on the parties and may not be appealed to any court.

Application of dispute or appeal provisions

22  (1) The payment of some or all of a toll charged in respect of a classified vehicle in accordance with the regulations or for which an invoice was issued under this Part and related fees and interest does not prejudice the right of the person who received the invoice to dispute or appeal the liability for, or an alleged failure to pay, the toll, fees and interest referred to in the invoice.

(2) If an amount is paid in relation to a toll charged in respect of a classified vehicle in accordance with the regulations or a person's account or payment mechanism is debited or charged under section 17 in relation to a toll,

(a) the owner of the classified vehicle or the person whose account or payment mechanism is debited is, for the purposes of sections 20 and 21 and subsection (1) of this section, deemed to have received an invoice in relation to the amount paid or deducted, and

(b) the concessionaire must, on the request of that owner or person, issue to that owner or person an invoice, marked as paid, for the amount paid or deducted.

(3) Section 18 applies to an invoice issued under subsection (2) (b) of this section.

Suspension or cancellation of toll device

23  (1) Subject to subsection (2) but despite any other provision of this Act or the regulations, if a person is indebted, within the meaning of section 17 (2), to a concessionaire or the billing organization for a toll debt, the concessionaire or billing organization may, with or without a hearing or refunding any money paid for the toll device, suspend or cancel the toll device of the debtor.

(2) The concessionaire or billing organization must not exercise a right referred to in subsection (1) unless

(a) the concessionaire or billing organization provides to the debtor, in accordance with the provisions of the agreement by which the concessionaire or billing organization provided the toll device to the debtor, a written demand for payment of the debtor's toll debt together with a notice of any action the concessionaire or billing organization intends to take under this section, and

(b) the debtor does not, within 30 days after the date of the provision of the notice, pay the toll debt or make arrangements satisfactory to the concessionaire or billing organization for its payment.

Other remedies

24  The rights and remedies available to a concessionaire or the billing organization under this Act for the collection of a toll debt are in addition to any other rights and remedies available to the concessionaire or billing organization at law for the collection of that debt.

Part 4.1 — Transportation Investment Corporation

Definitions

24.1  In this Act:

"board" means the board of directors of the corporation constituted under section 24.3;

"chief executive officer" means the person appointed under section 24.35;

"director" means a member of the board appointed by the Lieutenant Governor in Council under section 24.3 (2);

"senior officer" means the chief executive officer and any officer of the corporation who performs a policy-making function in respect of the corporation and has the capacity to influence the direction of the corporation.

Division 1 — Establishment, Purposes and Powers of the Corporation

Transportation Investment Corporation established as corporation

24.2  (1) The Transportation Investment Corporation is established as a corporation consisting of a board of directors appointed under section 24.3.

(2) The capital of the corporation is one share with a par value of $100.

(3) The share in the corporation must be issued to and registered in the name of the minister and must be held by that minister on behalf of the government.

Agent of the government

24.21  (1) The corporation is for all purposes an agent of the government.

(2) The corporation, as an agent of the government, is not liable to taxation, except to the extent that the government is liable and has the same immunities and exemptions in relation to property of the corporation and the use or development of land or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, as the government has in relation to these matters.

Purposes of the corporation

24.22  The purposes of the corporation are to engage in and conduct businesses related to

(a) delivering, managing, operating, tolling or funding transportation projects, including projects described in a concession agreement, and

(b) such other things as the Lieutenant Governor in Council may authorize.

Capacity and powers

24.23  (1) Subject to this Act and the regulations, the corporation has the power and capacity of an individual of full capacity.

(2) Without limiting subsection (1) but subject to this Act and the regulations, the corporation has the power and capacity to do one or more of the following:

(a) acquire, construct, hold or improve transportation infrastructure or cause it to be acquired, constructed, held or improved;

(b) acquire, hold or dispose of land, including interest in land;

(c) with the approval of the Minister of Finance, borrow money;

(d) with the approval of the minister, enter into agreements with the government of Canada, the government of another province or territory within Canada or the government of a jurisdiction outside Canada, or with an agency, department or official of any of those governments;

(e) with the approval of the minister, acquire or create a subsidiary, as defined in the Business Corporations Act, to carry out the purposes of the corporation;

(f) do such other things and have such powers and capacities as the Lieutenant Governor in Council may authorize;

(g) with the approval of the Lieutenant Governor in Council, enter into one or more agreements under section 2 (1.1) (a) to (c).

(3) With the prior approval of the Lieutenant Governor in Council, the corporation may in any year pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.

(4) If directed to do so by the Lieutenant Governor in Council, the corporation must pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year as if the property were not exempt from taxation by the municipality.

Division 2 — Governance of the Corporation

Board of directors

24.3  (1) The corporation is to be managed by a board of directors.

(2) The board is to consist of no more than 7 directors appointed by the Lieutenant Governor in Council.

(3) The chair of the board is a director who

(a) is designated in writing as chair by the minister, or

(b) is appointed by the board under the bylaws of the corporation if a chair is not designated under paragraph (a).

(4) The board must elect a vice chair from among the directors.

Term of office and reappointment

24.31  A person may be appointed as a director for a term of up to 3 years and may be reappointed for additional terms.

Board remuneration and expenses

24.32  The corporation may pay to a director remuneration and expense allowances at rates set by the minister.

Meetings and quorum

24.33  (1) The board must meet at least 4 times a year.

(2) The chair is to preside at all meetings of the board but, in the absence of the chair, the vice chair must preside.

(3) In the absence of the chair and the vice chair, the directors who are present must designate one of those present to preside.

(4) A majority of the directors holding office constitutes a quorum at meetings of the board.

(5) The affirmative votes of the majority of the directors present at a meeting of the board at which a quorum is present are sufficient to pass a resolution or bylaw of the corporation.

(6) A director may participate in, and vote at, a meeting of the board

(a) in person, or

(b) by telephone or other communications medium if all directors participating in the meeting, whether by telephone, by other communications medium or in person, are able to communicate with each other.

(7) A director who participates in a meeting in a manner contemplated by subsection (6) (b) is deemed to be present in person at the meeting.

(8) A resolution in writing, signed by all the directors and placed with the minutes of the directors, is as valid and effective as if regularly passed at a meeting of directors.

Duties and powers of the board

24.34  (1) The board has a fiduciary duty to act in the best interests of the corporation and must manage the affairs of the corporation or supervise the management of those affairs and

(a) may exercise the powers conferred on it under this Act,

(b) may exercise the powers of the corporation on behalf of the corporation, and

(c) must supervise the delegation of any of its powers or duties.

(2) The board may pass the resolutions or bylaws it considers necessary or advisable for the management and conduct of the affairs of the corporation and the exercise of the powers and duties of the board.

(3) Without limiting subsection (2) but subject to section 24.33, the board may pass resolutions or bylaws respecting the calling and holding of meetings of the directors and the procedures to be followed at the meetings.

(4) The board may establish committees of the board to assist the board.

(5) For the purposes of subsections (1) and (2), the board may, by resolution or bylaw, delegate any power or duty of the board or the corporation except

(a) the power to establish committees of the board,

(b) the power to pass resolutions or bylaws respecting the procedures to be followed at board meetings, and

(c) the power to delegate.

Chief executive officer

24.35  (1) The board must appoint a person as the chief executive officer of the corporation.

(2) The board may determine the remuneration and the terms and conditions of employment of the chief executive officer of the corporation.

(3) The chief executive officer is responsible for general supervision and direction of the operations of the corporation and its staff and must carry out those functions and perform those duties that are specified in the resolutions of the board.

Officers and employees

24.36  The chief executive officer may appoint those officers and employees of the corporation that are necessary to carry on the business and operations of the corporation and may define their duties.

Division 3 — Financial Administration

Investment powers

24.4  The corporation may invest money that belongs to it and is available for investment, but the investment may be made only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.

Limitation on deficits

24.41  The corporation must not, without the prior approval of the Minister of Finance and the minister, incur or budget for a deficit for a fiscal year, as determined in accordance with generally accepted accounting principles.

Financial administration

24.42  (1) The corporation must establish and maintain an accounting system satisfactory to the Minister of Finance and must, whenever required by that minister, render detailed accounts of its revenues and expenditures for the period or to the date that minister designates.

(2) The corporation must prepare financial statements in accordance with generally accepted accounting principles.

(3) All books or records of account, documents and other financial records must at all times be open for inspection by, or by a person designated by, the minister responsible for the administration of this Act.

(4) The Minister of Finance may direct the Comptroller General to report to Treasury Board on any aspect of the financial administration of the corporation.

(5) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the corporation, the corporation must appoint an auditor to audit the accounts of the corporation at least once each year.

(6) The fiscal year of the corporation begins on April 1 in each year and ends on March 31 in the following year.

(7) The Minister of Finance is the fiscal agent of the corporation.

Corporation revenue

24.43  Money received by the corporation from any source may be retained by it to be used and dealt with for its purposes.

Directives

24.44  The Lieutenant Governor in Council may issue directives directing the corporation in a fiscal year or subsequent fiscal years to pay to the government an amount specified in the directive.

Division 4 — Conflict of Interest

Disclosure of interest

24.5  (1) Every director or senior officer of the corporation who in any way, directly or indirectly, is interested in a proposed contract or transaction with the corporation must disclose the fact and the nature and extent of that interest at a meeting of the directors.

(2) The disclosure required by subsection (1) must be made

(a) at the meeting at which a proposed contract or transaction is first considered,

(b) if the director or senior officer was not, at the time of the meeting referred to in paragraph (a), interested in a proposed contract or transaction, at the first meeting after he or she becomes interested, or

(c) at the first meeting after the relevant facts come to the knowledge of the director or senior officer.

(3) For the purposes of this section, a general notice in writing given by a director or senior officer of the corporation to the directors of the corporation to the effect that

(a) he or she is a member, director or officer of a specified corporate body or is a partner in, or owner of, a specified firm, and

(b) he or she has an interest in the specified corporate body or firm,

is a sufficient disclosure of interest to comply with this section.

(4) A director or senior officer of the corporation is not deemed to be interested or to have been interested at any time in a proposed contract or transaction solely as a result of any of the following circumstances:

(a) a proposed contract or transaction relates to a loan to the corporation, and he or she or a specified corporate body or specified firm in which he or she has an interest has guaranteed or joined in guaranteeing the repayment of the loan or any part of the loan;

(b) a proposed contract or transaction has been or will be made with or for the benefit of a corporate body affiliated to the corporation, and he or she is a director or officer of that corporate body;

(c) a proposed contract or transaction relates to an indemnity of the type described in Division 5 of Part 5 of the Business Corporations Act, or to insurance of the type described in section 165 of that Act;

(d) a proposed contract or transaction relates to the remuneration of a director or senior officer in his or her capacity as a director or senior officer.

(5) For the purposes of subsection (4), in determining whether a corporate body is affiliated with the corporation, the definition of "affiliate" in section 1 (1) of the Business Corporations Act applies and section 2 of that Act applies.

Accounting for profit

24.51  (1) Every director or senior officer referred to in section 24.5 (1) must account to the corporation for any profit made as a consequence of the corporation entering into or performing the proposed contract or transaction

(a) unless

(i) he or she discloses his or her interest as required by section 24.5,

(ii) after his or her disclosure the proposed contract or transaction is approved by the directors, and

(iii) if a director, he or she abstains from voting on the approval of the proposed contract or transaction, or

(b) unless

(i) the contract or transaction was reasonable and fair to the corporation at the time it was entered into,

(ii) after disclosure of the nature and extent of his or her interest the contract or transaction is approved by resolution of the corporation, and

(iii) if a director, he or she abstains from voting on the approval of the proposed contract or transaction.

(2) A director referred to in section 24.5 (1) must not be counted in the quorum at a meeting of the directors at which the proposed contract or transaction is approved.

Validity

24.52  If a director or senior officer is in any way, directly or indirectly, interested in a contract or transaction, or a proposed contract or transaction, with the corporation, that interest does not invalidate the contract or transaction, but, if the conditions referred to in section 24.51 (1) (a) or (b) have not been met, the Supreme Court, on the application of the government, of the corporation or of any interested person, may

(a) enjoin the corporation from entering into the proposed contract or transaction,

(b) set aside the contract or transaction, if in existence, or

(c) make any other order that the Supreme Court considers appropriate.

Disclosure of conflict of office or property

24.53  (1) Every director or senior officer of the corporation who holds any office, or possesses any property, which, directly or indirectly, might create a duty or interest in conflict with his or her duty or interest as a director or senior officer of the corporation must disclose the fact and the nature and extent of the conflict at a meeting of the directors of the corporation.

(2) The disclosure must be made by a director or senior officer referred to in subsection (1) at the first meeting of the directors held

(a) after he or she becomes a director or a senior officer, or

(b) if he or she is already a director or a senior officer, after he or she takes office or acquires the property.

Division 5 — General

Application of the Business Corporations Act

24.6  (1) Subject to subsection (2), the Business Corporations Act does not apply to the corporation.

(2) The Lieutenant Governor in Council may, by order, declare that certain provisions of the Business Corporations Act apply to the corporation.

Repealed

24.61  [Repealed 2015-27-56.]

Liability

24.62  (1) Subject to subsections (2) and (3), no action for damages lies or may be brought against a director or the chief executive officer or any other officer or employee of the corporation because of anything done or omitted to be done

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any function or duty under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

(3) Subsection (1) does not absolve the corporation from vicarious liability arising out of an act or omission by a person referred to in that subsection for which the corporation would be vicariously liable if this section were not in force.

(4) Nothing in this section is to be interpreted as a limitation on section 6 or 8.

Part 5 — General

Protection of personal information

25  (1) In this section:

"law enforcement" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) A concessionaire or the billing organization must not, through the exercise of any rights or powers provided to the concessionaire or billing organization under this Act, the concession agreement or any agreement between the concessionaire and the billing organization respecting the concession highway or through any activity conducted, or any device used, in conjunction with the operation of the concession highway or the assessment or collection of tolls, collect personal information in relation to individuals who are or are to be users of the concession highway unless the personal information

(a) subject to subsection (2.1), is collected directly from, and with the express consent of, the individuals to whom the information relates,

(b) is collected for the purpose of ensuring safety in relation to the operation of the concession highway,

(c) is collected for the purpose of assessing or collecting tolls relating to the concession highway or any related interest or charges, or

(d) is provided under subsection (4) or (5).

(2.1) The requirement for express consent under subsection (2) (a) applies only with respect to individuals who have an account or other payment mechanism established with a concessionaire or the billing organization that is in good standing.

(2.2) The requirements of section 27 (2) of the Freedom of Information and Protection of Privacy Act are conclusively deemed to be satisfied by publication by the concessionaire on its website referred to in section 25.1 of the information required under that section.

(3) A concessionaire or the billing organization must not use or disclose personal information unless,

(a) in the case of personal information collected under subsection (2) (a), the use or disclosure is that for which the consent was given, or

(b) in the case of personal information collected under subsection (2) (a), (b), (c) or (d), the use or disclosure is

(i) for the purpose of ensuring safety in relation to the operation of the concession highway,

(ii) for the purpose of assessing, charging or collecting tolls relating to the concession highway or any related interest or charges, or assessing or collecting toll debts,

(iii) for the purpose of court proceedings relating to this Act,

(iv) for the purpose of assisting a public body or a law enforcement agency in Canada in an investigation

(A) undertaken with a view to a law enforcement proceeding, or

(B) from which a law enforcement proceeding is likely to result,

(v) related to the operation of a concession highway and authorized by the applicable concession agreement, or

(vi) in accordance with an enactment of British Columbia or Canada that authorizes or requires its disclosure.

(4) Without limiting any other power the Insurance Corporation of British Columbia may have to collect, use or disclose personal information, the Insurance Corporation of British Columbia may enter into information-sharing agreements with any or all of the minister, the corporation, concessionaires, the South Coast British Columbia Transportation Authority and the billing organization, and persons engaged by the minister, the corporation, concessionaires, the South Coast British Columbia Transportation Authority and the billing organization, for the purposes set out in subsection (4.1).

(4.1) An information-sharing agreement under subsection (4) may be entered into for the purpose of

(a) ensuring safety in relation to the operation of the concession highway,

(b) the assessment, charging or collection of tolls or related fees, interest or other charges or the assessment or collection of toll debts, or

(c) the charging or collection of fares, fees or other charges on a tolled highway in the Province or in another jurisdiction.

(5) Without limiting any other power the government or the corporation may have to collect, use or disclose personal information, the government or the corporation may enter into an information-sharing agreement with

(a) the government of Canada or an agency of that government,

(b) the government of a province or other jurisdiction in Canada or an agency of that government,

(c) the government of a state of the United States or an agency of that government,

(d) the Insurance Corporation of British Columbia,

(e) a concessionaire or the billing organization,

(f) the corporation,

(g) the South Coast British Columbia Transportation Authority, or

(h) any other person prescribed by regulation,

for any one or more of the following purposes:

(i) the operation of a concession highway or the operation of a tolled highway in the Province or in another jurisdiction;

(j) assisting a public body or a law enforcement agency in Canada in an investigation

(i) undertaken with a view to a law enforcement proceeding, or

(ii) from which a law enforcement proceeding is likely to result;

(k) ensuring safety in relation to the operation of a concession highway or the operation of a tolled highway in the Province or in another jurisdiction;

(l) the assessing, charging or collection of tolls or toll debts on a concession highway;

(m) the charging or collection of fares, fees or other charges on a tolled highway in the Province or in another jurisdiction.

(6) Without limiting any other power the government or the corporation may have to collect, use or disclose personal information, the government or the corporation may obtain, collect, use and disclose personal information for the purposes set out in subsection (5) (i) to (m).

(7) If a concessionaire or the billing organization has obtained personal information about an individual,

(a) the concessionaire or billing organization must, promptly after receiving a request from that individual and without charge, provide that individual with access to that personal information, and

(b) section 29 of the Freedom of Information and Protection of Privacy Act applies and, for that purpose, a reference in that section to the head of the public body is deemed to be a reference to the concessionaire or billing organization, as the case may be.

(8) Without limiting any other provision of this section, a concessionaire or the billing organization must protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.

Concessionaires' websites

25.1  (1) The concessionaire under a concession agreement referred to in section 2 (1.1) (a) to (c) must establish and maintain a website that is accessible by the public without charge.

(2) A website established under this section must include the information specified in section 27 (2) (a) to (c) of the Freedom of Information and Protection of Privacy Act, and must also contain information relating to the following:

(a) tolls payable, including the structure and calculation of tolls payable;

(b) the amounts that constitute toll debts and excessive toll debts as those terms are defined in section 1, including the structure and calculation of those debts and their due dates;

(c) interest rates and other charges and fees, including when interest and other charges and fees will be applied and how they will be calculated and varied;

(d) the dispute resolution procedure referred to in section 20;

(e) the appeal procedure referred to in section 21;

(f) the available payment mechanisms, including registration and account maintenance;

(f.1) the name, contact information and address of the billing organization;

(g) any other matters that are prescribed or required in accordance with the concession agreement.

Evidence

26  A record under this Act purporting to have been signed by the minister, or a certified copy of such a record, is receivable in evidence in any prosecution or other proceeding to prove that the document is signed by the minister, without proof of the office or signature of the minister.

Offence Act

27  Section 5 of the Offence Act does not apply to this Act or the regulations.

Power to make regulations

28  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting due dates for unpaid tolls;

(b) respecting information that must be included in invoices referred to in Part 4;

(c) establishing the amount of toll debt that constitutes an excessive toll debt;

(d) respecting the dispute resolution procedure contemplated by section 20;

(e) respecting the appeal procedure contemplated by section 21;

(f) prescribing circumstances in which a toll is improperly charged;

(g) setting the maximum interest rate that may apply to overdue tolls and establishing limits on other charges a concessionaire or the billing organization may impose in relation to tolls;

(h) respecting any matters that, in the opinion of the Lieutenant Governor in Council, are necessary to carry out the purposes of this Act.

(3) to (5) [Repealed 2002-65-28 (5).]

Power to make ministerial regulations

28.1  (1) The minister may make regulations

(a) prescribing vehicles and classes or categories of vehicles as classified vehicles, which classes may be based on ownership, place or jurisdiction of registration or licensing, nature, type, character, size, weight, number of or weight on axles or wheels, equipment or accessories of the vehicles,

(b) regulating, restricting or prohibiting the operation, parking or standing of classified vehicles in respect of which a toll debt has been incurred or a toll has been charged,

(c) respecting the method or manner in which tolls and related fees, interest and other charges may be imposed in respect of classified vehicles and the method or manner in which toll debts that have been incurred or tolls and related fees, interest and other charges that are imposed in respect of a classified vehicle may be collected from the owner or operator of the classified vehicle,

(d) providing for the duties of inspectors respecting the method or manner of regulating or prohibiting the operation, parking or standing of classified vehicles or the collection of toll debts or tolls or related fees, interest or other charges that are imposed in respect of classified vehicles,

(e) providing for the nature, content and form of the information or documentation, whether in electronic, digital, paper or other format, that is evidence of a toll debt having been incurred or a toll and related fees, interest or other charges having been imposed in respect of a classified vehicle,

(f) respecting the nature, content and form of information or documentation that inspectors or peace officers may request from the owner or operator of a classified vehicle and that on request the owner or operator is required to provide to an inspector or a peace officer for the purposes set out in section 25,

(g) providing that the contravention of a regulation made under paragraphs (a) to (f) constitutes an offence,

(h) providing that a person who commits an offence under paragraphs (a) to (f) is liable to a penalty not greater than the penalties provided under the Offence Act, and

(i) authorizing or empowering persons or a class of persons to exercise the powers and perform the duties of an inspector.

(2) Without restricting subsection (1), a regulation under that subsection may

(a) provide differently for different cases or classes of cases, or different persons or vehicles or classes of persons or vehicles,

(b) exempt from its application, in whole or in part or otherwise in accordance with its terms, persons or vehicles or classes of persons or vehicles,

(c) provide differently in relation to periods of time, hours of the day, days of the week, specified dates and any other criteria the minister considers necessary or advisable,

(d) delegate a matter to a person or to a class of persons, and

(e) confer a discretion on a person or on a class of persons.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 29 to 41.]

Section(s)   Affected Act
29 Builders Lien Act
30–37 Highway Act
38–40 Ministry of Transportation and Highways Act
41 Motor Vehicle Act

Commencement

42  This Act comes into force by regulation of the Lieutenant Governor in Council.