Skip to main content
The Transportation Infrastructure Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of April 22, 2019.
It has been in effect since March 1, 2019, when this Act came into force.
 

C.C.S.M. c. T147

The Transportation Infrastructure Act

PART 1

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"access", when used as a noun, means an entrance to or exit from a departmental road, but does not include a connection between one or more roadways of the same highway. (« bretelle »)

"appropriated" means appropriated by an Act for a specified purpose. (« affecté »)

"controlled area" means a controlled area described in subsection 22(1). (« zone contrôlée »)

"departmental road" means a provincial trunk highway or provincial road, or a highway in unorganized territory, but does not include

(a) a parking lot, road or driveway on grounds appurtenant to a public work as defined in The Public Works Act;

(b) a highway for which the cost of construction or maintenance is paid out of the Consolidated Fund with money appropriated for the purposes of another Act;

(c) a highway built and maintained at the expense of the Government of Canada; or

(d) a highway built and maintained on private land by the owner or occupier of that land. (« route de régime provincial »)

"freeway" means a departmental road designated as a freeway under the regulations. (« autoroute »)

"highway" includes

(a) a highway, road, road allowance, street, lane or thoroughfare dedicated to the public use as a highway or opened as or made a highway under this or any other Act; and

(b) a bridge, floodway, pier, ferry, square or public place dedicated to the public use as a highway, including any improvements and appurtenant works. (« voie publique »)

"limited-access highway" means a limited-access highway described in section 20. (« route à accès limité »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"municipality" includes The City of Winnipeg. (« municipalité »)

"person" includes a municipality, partnership, syndicate, joint venture and an association of persons. (« personne »)

"provincial road" means a highway or portion of a highway declared to be a provincial road under the regulations. (« route provinciale secondaire »)

"provincial transportation facility" means

(a) a departmental road; or

(b) an airport, ferry dock or ferry owned or operated by the government, including any appurtenant land. (« installation de transport provinciale »)

"provincial trunk highway" means a highway or portion of a highway declared to be a provincial trunk highway under the regulations. (« route provinciale à grande circulation »)

"road allowance" means

(a) land shown as a road allowance on the Dominion government survey or a provincial government survey; or

(b) a right-of-way provided by or under an Act for the purpose of a highway or dedicated to public use as a highway. (« emprise »)

"roadway" means a roadway as defined in The Highway Traffic Act. (« chaussée »)

"service road" means a roadway that is

(a) located between the primary roadway of a highway and the boundary lines of that highway; and

(b) used or intended to provide access to land adjacent to the highway that is not accessible from the primary roadway of the highway. (« voie de service »)

"structure" means a building or thing built, erected, placed or stored above or below the surface of the earth, but does not include

(a) a traffic control device as defined in The Highway Traffic Act;

(b) a fence erected for agricultural purposes;

(c) a mail box;

(d) a survey monument or post authorized to be placed under an Act of the Legislature or of the Parliament of Canada; or

(e) anything exempted from the definition under the regulations. (« construction »)

"vehicle" means a vehicle as defined in The Highway Traffic Act. (« véhicule »)

Purpose

2           The purposes of this Act are to

(a) govern the establishment, operation and decommissioning of provincial transportation facilities;

(b) protect the integrity, safety and efficiency of the provincial highway system;

(c) control the location, construction and use of entrances to and exits from certain highways;

(d) control the use of land adjacent to or near certain highways; and

(e) control the erection of structures near certain highways.

PART 2

CONSTRUCTION AND MANAGEMENT OF TRANSPORTATION INFRASTRUCTURE

Minister responsible for provincial transportation facilities

3           Subject to any other Act, the minister is responsible for the design, engineering, procurement, construction, establishment, inspection, control, management, operation, maintenance, repair and decommissioning of all provincial transportation facilities.

Construction standards

4           A provincial transportation facility must be constructed, maintained and repaired to the standards the minister considers appropriate for the facility. The standards may be different for different facilities.

Payments from Consolidated Fund

5           Costs incurred by the minister under the authority of this Act must be paid from the Consolidated Fund from money appropriated for the purposes of this Act.

Credits to Consolidated Fund

6           Subject to subsection 13(5) and Part 4, money received by the minister under the authority of this Act must be deposited into the Consolidated Fund and credited to the account established for money appropriated for the purposes of this Act.

Certain public works under control of minister

7(1)        Despite The Public Works Act, a public work that was acquired or is used primarily for the purpose of constructing, repairing or operating a provincial transportation facility is under the control of the minister and may be disposed of under this Act.

Application of Public Works Act

7(2)         The minister may, by written order, require that a public work to which subsection (1) applies be dealt with under The Public Works Act. Immediately upon such an order becoming effective, the public work becomes subject to the control and management of the minister responsible for the administration of that Act and may no longer be disposed of under this Act.

Power of minister re contracts

8           The minister may, on behalf of the government, enter into any contract the minister considers advisable for the administration of this Act. But no contract is binding on the minister or the government unless it is signed by the minister.

Duty to invite tenders

9(1)        The minister must invite tenders for the construction or repair of any provincial transportation facility, unless

(a) the work is performed by officers or employees of the government;

(b) in the opinion of the minister, the work

(i) is too urgent to be tendered, or

(ii) can be performed more efficiently through a different arrangement; or

(c) a committee of the Executive Council has approved the work to be completed without an invitation to tender.

Minister may establish eligibility requirements

9(2)        For any invitation to tender issued under subsection (1), the minister may establish eligibility requirements that a bidder must meet to be eligible to submit a tender in response to the invitation.

Forgoing the lowest compliant bid

9(3)        The minister may forgo the lowest compliant bid received from an eligible bidder in response to any invitation to tender issued under subsection (1)

(a) with the approval of a committee of the Executive Council if the value of the contract is equal to or more than the amount prescribed in the regulations; or

(b) without approval, if the value of the contract is less than the amount prescribed in the regulations.

Preconditions for commencing work under contract

10(1)       Unless authorized by the minister, no money may be paid to a contractor and no work may commence under a contract until

(a) the contract has been signed by all parties; and

(b) the contractor has provided any security required under subsection (2).

Security

10(2)       The minister may require a contractor with whom the minister enters into a contract under this Act to provide security, in a form and amount the minister considers appropriate, for the performance of the contract and for the payment of labour and materials to be provided under the contract.

Interest on holdback

10(3)       If a contract entered into under this Act provides for a holdback of all or a portion of the contract price, the minister must pay interest on the holdback in accordance with the regulations.

Acquiring property for transportation infrastructure

11          The minister may acquire or lease, for and in the name of the Crown, any real or personal property for the purpose of constructing or operating a provincial transportation facility. In the case of real property, the acquisition may be by expropriation.

Drainage infrastructure

12          The minister may, with the consent of the minister responsible for the administration of The Water Resources Administration Act, construct and maintain drainage infrastructure for provincial transportation facilities and may acquire land under section 11 for that purpose.

Disposal of property with approval

13(1)       Despite The Crown Lands Act, the minister may, with the approval of the Lieutenant Governor in Council,

(a) sell, lease, exchange or otherwise dispose of any real property or interest in real property acquired or held for the purposes of this Act; and

(b) sell any personal property acquired or held for the purposes of this Act.

Disposal of property without approval

13(2)       Despite subsection (1), the approval of the Lieutenant Governor in Council is not required to

(a) sell, exchange or otherwise dispose of real or personal property acquired or held for the purposes of this Act, or an interest in such property, if, in the minister's opinion, the value of the property or interest, together with the value of any other property or interest being sold or disposed of with that property or interest, is not more than the amount prescribed in the regulations;

(b) lease real property acquired or held for the purposes of this Act if, in the minister's opinion, the property's annual rental value is not more than the amount prescribed in the regulations;

(c) sell personal property acquired or held for the purposes of this Act to

(i) a municipality,

(ii) a government agency as defined in The Financial Administration Act,

(iii) a university as defined in The Advanced Education Administration Act, or

(iv) a contractor for use in constructing, maintaining or repairing

(A) a provincial transportation facility, or

(B) any infrastructure for an entity referred to in subclauses (i) to (iii); or

(d) sell sand and gravel from any Crown lands purchased or reserved for the purpose of a provincial transportation facility.

Leasing personal property

13(3)       The minister may, without the approval of the Lieutenant Governor in Council, lease any personal property acquired or held for the purposes of this Act.

"Trade-in" not a sale

13(4)       If, on a purchase of personal property from a vendor, the minister transfers a similar property with a lesser value to the vendor as part payment of the purchase price, the transfer is not a sale for the purpose of this section.

Proceeds of sand or gravel on Crown land reserved for departmental road

13(5)       Money received by the minister from the sale of sand or gravel removed from Crown lands reserved for the purposes of a departmental road must be credited to the account established in the Consolidated Fund for royalties received for the sale of sand and gravel from Crown lands.

Land dealt with under Crown Lands Act

13(6)       With the consent of the minister responsible for the administration of The Crown Lands Act, the minister may, by written order, direct that land acquired or held by the minister and no longer required for the purposes of this Act, or any land used or reserved for a highway closed by the minister, be dealt with under The Crown Lands Act. Immediately upon such an order becoming effective, the land becomes subject to the control and management of the minister responsible for the administration of that Act.

Agreement re highway outside Manitoba

14(1)       The minister may, on behalf of the government and with the approval of the Lieutenant Governor in Council, enter into an agreement with the government of Canada, of another province or of a state that shares a border with Manitoba respecting

(a) the acquisition and use of land for a highway that is partly or wholly outside of Manitoba; and

(b) the construction, maintenance and repair of such a highway.

Power to carry out agreement

14(2)       The minister may do anything the minister considers necessary to carry out an agreement entered into under subsection (1).

Funding agreements

15          The minister may, on behalf of the government, enter into an agreement with a municipality, local government district, airport commission, council as defined in The Northern Affairs Act, or with any person, to

(a) construct, operate, maintain or repair a highway, airport, runway, dock or ferry fully or partially at the government's expense; or

(b) to fully or partially fund the construction, operation, maintenance or repair of a highway, airport, runway, dock or ferry.

Use of bridges, etc.

16          The minister may, on behalf of the government and with the approval of the Lieutenant Governor in Council, enter into an agreement with any person for

(a) the use of any bridge, pier, ferry or right-of-way belonging to that person; and

(b) the payment, by the government, of any portion of the cost of construction, maintenance or repair of that bridge, pier, ferry or right-of-way.

PART 3

DEPARTMENTAL ROADS AND PROTECTION OF HIGHWAYS

DEPARTMENTAL ROADS

Intersection of P.T.H. and other highway

17(1)       At the intersection of a provincial trunk highway with another type of highway, the continuation of the provincial trunk highway across the intersection, including any bridge or drainage infrastructure on or under the provincial trunk highway, is part of the provincial trunk highway.

Intersection of provincial road and other highway

17(2)       At the intersection of a provincial road with another type of highway that is not a provincial trunk highway or a provincial road, the continuation of the provincial road across the intersection, including any bridge or drainage infrastructure on or under the provincial road, is part of the provincial road.

Intersection of departmental road and other highway

17(3)       At the intersection of a departmental road other than a provincial trunk highway or a provincial road with another type of highway that is not a departmental road, the continuation of the departmental road across the intersection, including any bridge or drainage infrastructure on or under the departmental road, is part of the departmental road.

Municipal responsibility for certain infrastructure

18          Despite section 3, with respect to any portion of a departmental road located in a municipality,

(a) the municipality is responsible for the construction, maintenance and repair of any sidewalks, poles, sewers, waterworks and other municipal infrastructure on, over or under that portion of the departmental road; and

(b) the municipality is liable for any damages arising out of a structure referred to in clause (a) as if the ownership and control over the departmental road were vested in the municipality.

Municipal responsibility for highway when declaration ceases

19          When any portion of a highway in a municipality ceases to be a provincial trunk highway or a provincial road but is not closed under section 23, the municipality becomes responsible for the control, maintenance and repair of that portion.

Limited-access highways

20          The following departmental roads are limited-access highways:

(a) provincial trunk highways, except to the extent that they are exempted by regulation;

(b) other departmental roads to the extent that they are designated by regulation as limited-access highways.

Termination of access on highway becoming limited-access highway

21(1)       When a departmental road becomes a limited-access highway, any rights of access to the highway terminate, except in respect of an access that exists at the time the departmental road becomes a limited-access highway and that has not been closed under subsection (2).

Closing access

21(2)       The minister may, by written order, close an access to a departmental road that exists when the departmental road becomes a limited-access highway.

Termination of access on highway becoming freeway

21(3)       When a departmental road is designated as a freeway, any rights of access to the departmental road terminate.

Compensation or alternate access

21(4)       If land adjacent to a departmental road becomes inaccessible from that departmental road as a result of subsection (1), (2) or (3), the minister must either

(a) provide a service road or other reasonable alternate means of accessing that land; or

(b) pay compensation in accordance with subsection (5) to any person that holds an interest in that land.

Compensation for loss of access rights

21(5)       If compensation is payable to a person under clause (4)(b),

(a) the minister may enter into a compensation agreement with the person; or

(b) if the minister is unable to reach an agreement, under clause (a) the matter must be submitted to arbitration to be conducted in accordance with The Arbitration Act.

Controlled areas

22(1)       Subject to the regulations, the following areas adjacent to a departmental road are controlled areas:

(a) in the case of a departmental road other than a limited-access highway or a freeway, the area on each side of the highway that is within 38.1 m of the outer edge of the road allowance, but only if the highway is located outside

(i) the City of Winnipeg, and

(ii) an urban municipality established or continued under The Municipal Act, including, for certainty, a city with a special charter;

(b) in the case of a limited-access highway or freeway,

(i) the area on each side of the highway that is within 38.1 m of the outer edge of the road allowance, and

(ii) any additional area established as a controlled area under the regulations.

Notice requirement

22(2)       When land becomes a controlled area, the minister must provide notice

(a) by advertisement in the Manitoba Gazette or on the department's website; and

(b) by registered mail to the owner of each affected parcel of land.

No compensation for land becoming controlled area

22(3)       No compensation is payable or may be paid to any person as a result of land becoming a controlled area.

Closing of highway or road allowance

23(1)       The minister may, by written order, close all or a portion of a highway or road allowance if it is no longer required as or for a highway or is to be relocated or resurveyed.

Registration of order in L.T.O.

23(2)       The minister may register an order made under subsection (1) in the proper land titles office.

Disposal of land

23(3)       If a highway or road allowance is closed under subsection (1), the land used or reserved for the highway or road allowance may

(a) be disposed of in accordance with section 13; or

(b) by order of the Lieutenant Governor in Council, be conveyed or vested as directed in the order.

Filing of vesting order in council in L.T.O.

23(4)       An order made under clause (3)(b) vesting land in any person operates as a grant or transfer of the land from the Crown to that person upon the registration of a certified copy of the order in the proper land titles office.

Effect of vesting in owner of adjoining land

23(5)       If land is vested in the owner of adjoining land as a result of an order made under clause (3)(b), the land is vested, and any title under The Real Property Act must be issued, subject to any mortgage, encumbrance, lien or charge to which the adjoining land is subject.

Landscaping on or next to departmental roads

24(1)       On a departmental road or on property acquired under subsection (2), the minister may

(a) plant and maintain trees, shrubs, plants or lawns; or

(b) erect and maintain snow fences.

Acquiring property for managing snow drift

24(2)       For the purpose of reducing or preventing the drifting of snow onto a departmental road, the minister may, in accordance with section 11, acquire property adjacent to a departmental road.

Cost of work

24(3)       The cost of any work undertaken on or adjacent to the departmental road forms part of the cost of constructing, maintaining or repairing the departmental road.

Snow fences on private property

25(1)       Between September 30 of a year and June 1 of the next year, the minister may, for the purpose of reducing or preventing the drifting of snow onto a departmental road, enter onto any land that is within 90 m of the departmental road and erect, maintain, remove or replace snow fences.

No compensation for snow fences

25(2)       No person has a right to compensation or damages in respect of the erection, presence, maintenance or removal by the minister of a snow fence on private property.

Snow fences deemed public works

25(3)        A snow fence erected by the minister under subsection (1) is deemed to be a public work under the control of the minister.

Removal or interference prohibited

25(4)       A person must not

(a) remove or destroy a snow fence erected by the minister;

(b) interfere with the erection, maintenance, removal or replacement of a snow fence by the minister; or

(c) refuse access to land on which a snow fence may be erected, maintained, removed or replaced under subsection (1) to a person exercising a power under this section.

FUNDING OF HIGHWAY CONSTRUCTION

Contribution agreements for municipal roads

26(1)       To assist in the construction, maintenance or repair of a highway in a municipality, other than a departmental road, the minister may, on behalf of the government, enter into an agreement with that municipality to do one or more of the following:

(a) supply some or all of the materials or labour, or both, at the government's expense or at the expense of the municipality;

(b) pay for some or all of the costs incurred by the municipality for the construction, maintenance or repair of the highway.

Municipal responsibility for maintenance

26(2)       Unless the agreement states otherwise, the municipality is responsible for maintaining the highway and must keep it properly maintained.

Power of minister to maintain

26(3)       If the minister is of the opinion that a municipality is not properly maintaining the highway,

(a) the minister may perform any work necessary to properly maintain the highway, or cause such work to be performed; and

(b) the cost of the work is a debt due to the government by the municipality.

Highways in unorganized territory

27          In respect of a highway in unorganized territory, the minister may, on behalf of the government, enter into an agreement with a school district or person to construct, maintain or repair the highway partially or wholly at the school district's or person's expense.

PROTECTION OF HIGHWAYS

Permit for accesses and objects on or near departmental road

28(1)       Subject to the regulations, a person must not do any of the following unless the minister has issued a permit for the activity:

(a) construct, modify or relocate an access or intensify its use;

(b) construct, modify or relocate a structure, or change or intensify the use of a structure,

(i) on or across a departmental road, or

(ii) in a controlled area;

(c) plant a tree within 15 m of a departmental road located outside

(i) the City of Winnipeg, and

(ii) an urban municipality or local urban district established or continued under The Municipal Act, including, for certainty, a city having a special charter;

(d) keep

(i) an access or structure that was constructed, modified or relocated, or whose use was intensified, in violation of clause (a) or (b), or

(ii) a tree planted in violation of clause (c).

Exemption

28(2)       Despite subsection (1), a person may, without a permit,

(a) post a notice as required under section 170 of The Planning Act; or

(b) make reasonably necessary repairs to an existing structure in a controlled area.

Applications for permit

28(3)       An application for a permit under subsection (1) must be accompanied by any plans, drawings, designs and specifications that the minister requires.

Issuance of permit

28(4)       The minister may issue a permit for any of the activities set out in subsection (1) on terms and conditions that the minister considers appropriate.

Suspension or cancellation of permit

28(5)        If a person to whom the minister has issued a permit under subsection (4) fails to comply with any term or condition of the permit, the minister may

(a) suspend the permit for a stated period of time or until a term or condition has been met; or

(b) cancel the permit.

Power of entry

28(6)       For the purpose of investigating any matter relating to a permit or an application for a permit, the minister may enter onto the land or premises to which the permit or application relates without the consent of the permit holder, applicant, or owner or lessee of the land or premises.

Interference prohibited

28(7)       A person must not obstruct, hinder or interfere with the exercise of the minister's power under subsection (6).

Permission for activities on a departmental road

29          Subject to the regulations, a person must not do any of the following without the permission of the minister:

(a) deposit any material on a departmental road;

(b) discharge water onto a departmental road or into any drainage infrastructure that forms part of a departmental road;

(c) plant anything on a departmental road.

Removal orders

30(1)       The minister may order a person who violates section 28 or 29 to remove the unauthorized object within the time specified by the minister.

Service of removal order

30(2)       A removal order made under this section may be served in person or by registered mail to the last known address of the person named in the order.

Removal of accesses or objects near a departmental road

30(3)       The minister may remove an access, structure or tree constructed, kept, used or planted in violation of section 28 if

(a) the minister has issued a removal order to a person in respect of the object and the person has not complied with the order within the time specified in the order; or

(b) despite reasonable efforts, the minister cannot determine who owns or controls the object.

Removal of objects from departmental road

30(4)       The minister may remove anything deposited or planted in violation of section 29 whether or not the minister has issued an order for its removal under subsection (1).

Cost of removal

30(5)       Any cost incurred by the minister under subsection (3) or (4) is a debt due to the government

(a) by the person or persons named in the order made under subsection (1); or

(b) if the object was removed without an order being issued, by the person who owned or controlled the object.

If two or more persons are liable for the debt, they are jointly and severally liable for it.

Abandonment of vehicles or equipment

31(1)       A person must not abandon a vehicle or equipment on a departmental road.

Permanent removal of abandoned vehicles or equipment

31(2)       If a vehicle or equipment has been abandoned on a departmental road,

(a) the minister or a peace officer may permanently remove it and

(i) place it in storage,

(ii) place it on any unoccupied Crown land, or

(iii) dispose of it in the manner the minister directs;

(b) the minister may recover the cost of the removal, storage or disposal from the owner of the vehicle or equipment as a debt due to the government; and

(c) neither the owner of the vehicle or equipment nor any person having an interest in it has a right to any compensation or damages arising from the vehicle or equipment being removed, stored or disposed.

When vehicle or equipment deemed abandoned

31(3)       A vehicle or equipment that has been left on a departmental road for a continuous period of 30 days is deemed to be abandoned.

Removal agreements

32          The minister may, on behalf of the government, enter into an agreement with the owner of land adjacent to a departmental road for the removal of a structure or object, or a tree, shrub or other plant, on or under the land if the minister is of the view that its presence may

(a) create a safety hazard to any person;

(b) damage or pose a risk of damage to the departmental road; or

(c) result in snow drifting onto or accumulating on the departmental road.

Temporary moving of vehicles or equipment

33          If a vehicle or equipment parked or left on a departmental road interferes with the construction, maintenance or repair of the road or creates a safety hazard or hindrance to traffic,

(a) the minister may move the vehicle or equipment to the nearest location where it does not interfere with the construction, maintenance or repair of the road or create a safety hazard or hindrance to traffic; and

(b) neither the owner of the vehicle or equipment nor any person having an interest in it has a right to any compensation or damages arising from it being moved.

Temporary road closings

34(1)       The minister may

(a) temporarily close a departmental road for as long as the minister considers advisable to conduct maintenance, repairs or other work on the road or to protect against a safety hazard; and

(b) erect signs, notices or barriers to prevent people from using the road while it is closed.

Prohibition re closed roads

34(2)       A person must not

(a) use a departmental road closed under subsection (1); or

(b) remove a sign, notice or barrier erected under subsection (1).

No liability to person using closed road

34(3)       A person using a departmental road closed under subsection (1) does so at his or her own risk and has no right to compensation or damages against the minister, the government, or any officer, employee or agent of the government for any injuries or damages sustained while using the road.

Liability to government

34(4)       A person who uses a departmental road closed under subsection (1) or removes a sign, notice or barrier erected under that subsection is liable to the government for

(a) any damage to the departmental road, sign, notice or barrier sustained as a result of the person's actions; and

(b) any claim against the government arising out of the person's actions.

Alternative routes

34(5)       If a departmental road is closed under subsection (1) or is undergoing any construction, maintenance or repair,

(a) the minister may

(i) provide, construct, maintain or repair an alternative route for traffic, which may include a highway under the jurisdiction of a municipality, and

(ii) enter into an agreement with a municipality for the purpose of providing, constructing, maintaining or repairing an alternative route and for the payment of the associated costs; and

(b) any expenditure incurred under this subsection is to be treated as a cost of the work being done on the departmental road.

Prohibition re damage to departmental roads

35(1)       A person must not

(a) drive or tow any vehicle, trailer or object on a departmental road in a manner that causes, or is likely to cause, damage to the departmental road; or

(b) wilfully or negligently damage a departmental road or make it difficult or impossible to use.

Liability to government

35(2)       A person who violates subsection (1) is liable to the government for

(a) any damage to the departmental road sustained as a result of the violation; and

(b) any claim against the government arising out of the violation.

PART 4

MANITOBA TRUCKING PRODUCTIVITY IMPROVEMENT FUND

Manitoba Trucking Productivity Improvement Fund continued

36(1)       The Manitoba Trucking Productivity Improvement Fund is continued for the purpose of funding, or supplementing the funding of,

(a) highway rehabilitation to remedy accelerated deterioration attributed to overweight or overdimensional vehicle traffic;

(b) improvements in the load-carrying capacity, productivity and safety of highways; and

(c) other projects or initiatives that are prescribed in the regulations and are for the benefit of Manitobans and the trucking industry.

Deposit in the Consolidated Fund

36(2)        Money in the fund must be deposited in a separate, interest-bearing account in the Consolidated Fund in trust for the fund. Separate accounts in the fund may be established for money intended for particular projects or initiatives, or received from particular sources.

Payments into the fund

36(3)       Despite The Financial Administration Act, the following must be paid directly into the fund:

(a) permit fees paid under The Highway Traffic Act in respect of overweight or overdimensional vehicles prescribed in the regulations as payable into the fund, or any portion of such fees prescribed in the regulations as payable;

(b) monetary penalties imposed under clause 322.1(3)(d) of The Highway Traffic Act prescribed in the regulations as payable into the fund, or any portion of such penalties prescribed as payable;

(c) contributions made by private sector contributors, or other governments, by arrangement or agreement with the government in relation to rehabilitating or improving specific highways or portions of highways, or specific highway infrastructure;

(d) any other amounts prescribed in the regulations as payable into the fund;

(e) interest and other income accruing to the fund.

Managing the fund and paying expenses

36(4)       The fund is to be managed by the minister, who may authorize payments from the fund to meet the administrative expenses of operating the fund.

Other payments out of the fund

36(5)       When money is appropriated for a purpose of the fund, the minister may authorize a payment from the fund to offset the expenditure in whole or in part.

Audit

36(6)       The accounts and transactions of the fund must be audited annually by an auditor, who may be the Auditor General, appointed by the Minister of Finance. The cost of the audit is an administrative expense of operating the fund.

Fiscal reporting

36(7)       Each year, the minister must cause a financial statement of the fund to be prepared, which is to be included in the annual report of the department over which the minister presides.

Agreements about contributions to the fund

36(8)       The minister may enter into agreements with private sector contributors or governments about contributions to be paid into the fund under clause (3)(c) and how the contributions are to be used.

PART 5

GENERAL

Crown bound

37          The Crown is bound by this Act.

Delegation by minister

38          The minister may delegate to a person employed in the minister's department the exercise of any power, duty or function of the minister under this Act, except the power to make regulations.

Evidence — plans, maps etc.

39(1)       In a prosecution for an offence under this Act, or in an action brought to enforce any provision of this Act, the following are admissible into evidence as prima facie proof of their contents:

(a) a plan of survey certified as correct by a qualified member of the Association of Manitoba Land Surveyors or by a qualified member of the Association of Professional Engineers and Geoscientists of the Province of Manitoba;

(b) a plan or map made from an aerial survey and certified as correct by a qualified member of the Association of Manitoba Land Surveyors or by a qualified member of the Association of Professional Engineers and Geoscientists of the Province of Manitoba;

(c) a photograph, certified as to the date on which it was taken, and the location at which it was taken, by the person taking the photograph and by

(i) a qualified member of the Association of Manitoba Land Surveyors, or

(ii) a qualified member of the Association of Professional Engineers and Geoscientists of the Province of Manitoba.

Certified documents

39(2)       A document certified by the minister to be a true copy of any map, plan, order, correspondence or other document signed by the minister is admissible in evidence in any legal proceeding in the same manner as the original document.

Regulations — Lieutenant Governor in Council

40(1)       The Lieutenant Governor in Council may make regulations

(a) prescribing an amount for the purpose of subsection 9(3);

(b) prescribing when and at what rate interest is payable under subsection 10(3);

(c) prescribing amounts for the purpose of clauses 13(2)(a) and (b);

(d) prescribing circumstances or terms and conditions under which the minister may sell, exchange, dispose of or lease property without the approval of the Lieutenant Governor in Council;

(e) prescribing circumstances or terms and conditions under which the minister may enter into an agreement under section 14 without the approval of the Lieutenant Governor in Council;

(f) prescribing fees payable in respect of permits, licences or applications under this Act;

(g) respecting the operation and administration of the Manitoba Trucking Productivity Improvement Fund, including prescribing

(i) additional projects and initiatives for which money from the fund may be used,

(ii) fees or penalties, or portions of fees or penalties, that are to be paid into the fund, and

(iii) other amounts that are to be paid into the fund;

(h) defining a word or phrase used but not defined in this Act;

(i) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act.

Regulations — minister

40(2)       The minister may make regulations

(a) exempting anything from the definition "structure" for the purposes of this Act;

(b) declaring an existing or proposed highway to be a provincial trunk highway or provincial road;

(c) assigning a number to a provincial trunk highway or a provincial road;

(d) exempting all or a portion of a provincial trunk highway from being a limited-access highway;

(e) designating all or a portion of a departmental road as a limited-access highway;

(f) designating all or a portion of a departmental road as a freeway;

(g) exempting any area from being a controlled area;

(h) in respect of a limited-access highway or freeway, designating as a controlled area an area not exceeding

(i) at an intersection between the limited-access highway or freeway and another highway, the area outside the right-of-way of the limited-access highway or freeway that is within a radius of 457.2 m from the point at which the centre lines of the roadways of the two highways, measured from the curbs or, in the absence of curbs, from the edges of the roadway, intersect, or

(ii) in any other case, the area outside the right-of-way of the limited-access highway or freeway that is within 76.2 m from the outer edge of the right-of-way on each side of the limited-access highway or freeway;

(i) respecting the form of permits issued by the minister and the terms and conditions on which such permits may be issued;

(j) exempting activities on a departmental road or in a controlled area from a permit or approval requirement under this Act;

(k) respecting standards, specifications and requirements in respect of the construction, modification, relocation or use of an access to a departmental road or of a structure in a controlled area.

PART 6

TRANSITIONAL, CONSEQUENTIAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

TRANSITIONAL PROVISIONS

Definitions

41          The following definitions apply in sections 42 to 48.

"former Act" means any of the following as they read immediately before being repealed by this Act:

(a) The Highways and Transportation Act, R.S.M. 1987, c. H40;

(b) The Highways Protection Act, R.S.M. 1987, c. H50. (« loi antérieure »)

"traffic board" means The Highway Traffic Board continued under The Highways Protection Act, as that Act read immediately before the coming into force of this section. (« Conseil routier »)

Permits and permissions

42(1)       A permit or permission issued under the authority of a former Act that is in effect on the day this section comes into force is deemed to be a permit or permission issued under this Act and is to be dealt with in accordance with this Act.

Terms and conditions continue

42(2)       If a permit described in subsection (1) was issued subject to an expiry date or to one or more conditions, the permit is continued subject to that expiry date or those conditions.

Transitional — tenders

43          If the closing date for a response to an invitation to tender issued under the former Act is on or after the coming into force of this section, the tender is to be dealt with in accordance with this Act.

Dissolution of traffic board

44           On the coming into force of this section,

(a) the traffic board is dissolved;

(b) the appointments of the members of the traffic board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished;

(c) the rights and property of the traffic board are transferred to the government and all of its liabilities and obligations are assumed by the government; and

(d) a legal proceeding or action that has been commenced or may be commenced by or against the traffic board may be continued or commenced by or against the government.

Proceedings before traffic board

45          On the coming into force of this section, any application to, or proceeding before, the traffic board under a former Act in respect of which the traffic board has not issued a decision when this section comes into force is deemed to be abandoned.

Appeals

46          If, on the coming into force of this section, the traffic board has issued a decision in respect of which a former Act provides a right of appeal to The Public Utilities Board, and the time period for appealing the decision under the former Act has not yet expired, the right to appeal continues and The Public Utilities Board may deal with the appeal as if the former Act remained in force.

Regulations — transitional matters

47(1)        The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition from the former Act to this Act.

Retroactivity

47(2)        A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

Regulations continued

48          The following regulations made under a former Act are continued under this Act as if they had been made under this Act:

(a) the Declaration of Provincial Roads (Access Roads) Regulation, Manitoba Regulation 414/88 R;

(b) the Declaration of Provincial Roads Regulation, Manitoba Regulation 413/88 R;

(c) the Declaration of Provincial Trunk Highways Regulation, Manitoba Regulation 415/88 R.

CONSEQUENTIAL AMENDMENTS

49 to 60    

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

REPEALS

Acts and unproclaimed provisions repealed

61          The following Acts and provisions are repealed:

(a) The Highways and Transportation Act, R.S.M. 1987, c. H40;

(b) The Highways Protection Act, R.S.M. 1987, c. H50;

(c) The Highways Protection and Consequential Amendments Act, S.M. 1992, c. 38 (unproclaimed Act);

(d) section 49 and subsection 88(4) of The Statute Law Amendment Act, 2000, S.M. 2000, c. 35 (unproclaimed provisions).

Regulations repealed — Highways Protection Act

62(1)       The following regulations under The Highways Protection Act are repealed:

(a) the Control Lines Establishment and Limited Access Designations Regulation, Manitoba Regulation 569/88 R;

(b) the Limited Access Highways Application Fee Order, Manitoba Regulation 39/87;

(c) the Permits for Location of Structures in Controlled Areas Regulation, Manitoba Regulation 42/89.

Regulations repealed — Highways and Transportation Act

62(2)       The following regulations under The Highways and Transportation Act are repealed:

(a) the Construction and Surface Maintenance of Access Crossings to Departmental Roads Regulation, Manitoba Regulation 412/88 R;

(b) the Highways and Transportation Department Contracts Regulation, Manitoba Regulation 248/96;

(c) the Highways and Transportation Department Permit Application Fees Regulation, Manitoba Regulation 477/88.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

63          This Act may be referred to as chapter T147 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

64          This Act comes into force on a day to be fixed by proclamation.