Deh Cho Bridge Act

Consolidated act
Citation
S.N.W.T. 2003, c.10
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents
1. Definitions 2. Main terms of concession agreements 3. Highway authority 4. Assumption of responsibility by Government 5. Tolls for use of Deh Cho Bridge 6. Payment of toll 7. Liability of owner 8. Transport officers 9. Peace officer 10. Request for assistance 11. Stopping vehicles 12. Inspection 13. Warrant to inspect dwelling place 14. Application 15. Search with warrant 16. Expiry of warrant 17. Search without warrant 18. Telewarrant 19. Use of force 20. Seizure without warrant 21. Seizure of devices 22. Procedure following seizure 23. Disposition of thing seized 24. Return of thing seized 25. Cumulative period of detention of thing seized 26. Other orders 27. Application for return of thing 28. Return of thing seized 29. Limitation of liability 30. False statement, 31. Camera and weighing systems 32. Offence and punishment 33. Regulations
Regulations
Deh Cho Bridge Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION

Definitions

1.

In this Act,

"concession agreement" means an agreement made under subsection 2(1); (entente de concession)

"concessionaire" means a person that has entered into a concession agreement with the Minister; (concessionnaire)

"Deh Cho Bridge" means the bridge across the Mackenzie River east of the Hamlet of Fort Providence and its approaches; (pont de Deh Cho)

"driver" means a driver as defined in section 1 of the Motor Vehicles Act; (conducteur)

"Government" means the Government of the Northwest Territories; (gouvernement)

"Registrar" means the Registrar as defined in section 1 of the Motor Vehicles Act; (registraire)

"transport officer" means a transport officer referred to in section 8; (agent des transports)

"vehicle" means a vehicle as defined in section 1 of the Motor Vehicles Act. (véhicule) SNWT 2015,c.23,s.2.

CONCESSION AGREEMENTS

Main terms of concession agreements

2.

(1) The Minister, with the approval of the Commissioner in Executive Council and on behalf of the Government, may enter into one or more agreements with a person under which

(a) the Government agrees to transfer to the person, for a specified term, one or more interests in or rights or obligations relating to land required for the construction, operation and maintenance of the Deh Cho Bridge;

(b) the person agrees to develop, plan, design and construct the Deh Cho Bridge;

(c) the person agrees to operate the Deh Cho Bridge;

(d) the person agrees to maintain the Deh Cho Bridge;

(e) the person agrees to obtain the regulatory approvals necessary for construction, operation and maintenance of the Deh Cho Bridge;

(f) the Government agrees to make payments to the person in accordance with specified formulae or other criteria; and

(g) the person agrees to transfer to the Government the Deh Cho Bridge and the interests, rights and obligations referred to in paragraph (a) at the conclusion of the specified term.

Other terms of concession agreements

(2) A concession agreement made under subsection (1) may also include provisions respecting the following:

(a) the respective rights and obligations of the Government and the concessionaire in respect of

(i) the places where the Deh Cho Bridge abuts Yellowknife Highway No. 3, and

(ii) maintenance operations in respect of the Deh Cho Bridge and proximate portions of Yellowknife Highway No. 3;

(b) standards for the construction, operation and maintenance of the Deh Cho Bridge;

(c) requirements for insurance, bonds, including performance bonds and labour and materials bonds, indemnities and guarantees that the concessionaire must provide in connection with the Deh Cho Bridge;

(d) reporting and record retention and disclosure requirements that the concessionaire must meet with respect to the construction, operation and maintenance of the Deh Cho Bridge;

(e) reporting and record retention and disclosure requirements that the Government must meet with respect to the collection of tolls for vehicular use of the Deh Cho Bridge;

(f) the circumstances under which the concessionaire may close the Deh Cho Bridge to permit maintenance or construction or in the interest of public safety;

(g) the circumstances under which the Government may direct the concessionaire to temporarily close the Deh Cho Bridge;

(h) the circumstances under which the Government may take temporary or permanent possession of the Deh Cho Bridge before the conclusion of the specified term of the concession agreement;

(i) terms and conditions applicable to the transfer by the person to another person of interests, rights and obligations created by or arising under the agreement; and

(j) such other matters as the Minister and the concessionaire consider advisable.

POWERS AND RESPONSIBILITIES

OF CONCESSIONAIRE AND

GOVERNMENT

Highway authority

3.

For the purposes of the construction, operation and maintenance of the Deh Cho Bridge, the concessionaire has the powers and responsibilities of a highway authority under the Public Highways Act.

Assumption of responsibility by Government

4.

(1) If the Minister is of the opinion that it is necessary in the public interest, the Government may, in accordance with the regulations, assume responsibility for the operation and maintenance of the Deh Cho Bridge for such period as the Minister considers necessary.

Status of Deh Cho Bridge

(2) The Deh Cho Bridge is deemed to be part of Yellowknife Highway No. 3 for such period as the Government assumes responsibility for the operation and maintenance of the Deh Cho Bridge under subsection (1).

Assistance to Government

(3) The concessionaire shall provide all reasonable assistance to enable the Government to assume responsibility for the operation and maintenance of the Deh Cho Bridge under subsection (1).

TOLLS

Tolls for use of Deh Cho Bridge

5.

The Government may, in accordance with the regulations, charge tolls for vehicular use of the Deh Cho Bridge.

Payment of toll

6.

A driver shall not operate a vehicle on the Deh Cho Bridge unless the toll applicable to the vehicle has been paid or arranged to be paid in accordance with the regulations. SNWT 2015, c.23,s.3.

LIABILITY

Liability of owner

7.

(1) The owner of a vehicle that is involved in a contravention of section 6 is also liable for the contravention.

Defence

(2) In a prosecution under subsection (1), the accused must not be found guilty if he or she proves that the driver of the vehicle at the time of the contravention was in possession of the vehicle without the consent of the accused.

Due diligence

(3) In a prosecution under subsection (1), the accused may avail himself or herself of the defence of due diligence.

Deemed owner

(4) For the purposes of this Act and the regulations, if a person is named in a certificate of registration, registration permit, in transit permit or short-term permit, each as defined in section 1 of the Motor Vehicles Act, then he or she is, in the absence of evidence to the contrary, the owner of the vehicle. SNWT 2015,c.23,s.3.

ENFORCEMENT

Transport officers

8.

(1) The Minister may appoint transport officers to enforce this Act and the regulations.

Status of motor vehicle officers

(2) A person appointed by the Minister as a motor vehicle officer under subsection 318(1) of the Motor Vehicles Act is, by virtue of that office, a transport officer under this Act.

Status of R.C.M.P. members

(3) A member of the Royal Canadian Mounted Police is, by virtue of that office, a transport officer under this Act.

Peace officer

9.

For the purposes of this Act and the regulations, a transport officer is a peace officer and has the powers and protections provided to a peace officer by law. SNWT 2015,c.23,s.4.

Request for assistance

10.

(1) A transport officer may request another person to assist him or her in exercising powers or performing duties under this Act or the regulations.

Protections

(2) The protections afforded under this Act to a transport officer extend to another person while and to the extent that the person is in the course of assisting the officer under the officer’s direction. SNWT 2015,c.23,s.4.

INSPECTION, INVESTIGATION

AND SEIZURE

Stopping vehicles

11.

(1) For the purpose of enforcement and administration of this Act and the regulations, including carrying out an inspection or investigation, a transport officer may signal or otherwise direct the driver of a vehicle to stop the vehicle, or to move the vehicle to a location and stop it, and the operator shall immediately comply with the transport officer’s signal or direction and shall not proceed until permitted to do so by the officer.

Signals to stop

(2) For the purposes of subsection (1), signals to stop include intermittent flashes of red or blue light, a hand signal, an audible request or a siren. SNWT 2015,c.23,s.4.

Inspection

12.

(1) Subject to subsection (5), for the purpose of ensuring compliance with this Act or the regulations, a transport officer may, at any reasonable time, enter and inspect a building, receptacle, vehicle or place in which the officer believes on reasonable grounds there is a record or other thing to which this Act or the regulations applies, or a record or other thing relating to the administration of this Act or the regulations.

Powers on inspection

(2) In conducting an inspection under this section, a transport officer may

(a) open any container or other thing that he or she believes on reasonable grounds contains a record or other thing referred to in subsection (1);

(b) conduct tests or analyses that may be relevant to the inspection;

(c) inspect any other record or thing that is in the building, receptacle, vehicle or place and that he or she believes on reasonable grounds is a record or other thing referred to in subsection (1);

(d) require any person to produce for examination or copying any record or other thing that the officer believes on reasonable grounds contains information that is relevant to the administration of this Act or the regulations; and

(e) record by any means details of the inspection.

Data and records

(3) In carrying out an inspection of a building, receptacle, vehicle or place, other than a dwelling place, under subsection (1), a transport officer may

(a) use or cause to be used any computer system or other electronic device at the building, receptacle, vehicle or place to examine any data contained in or available to the computer system or other electronic device;

(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other output;

(c) use or cause to be used any copying equipment at the building, receptacle, vehicle or place to make copies of the data or any other record; and

(d) remove from the building, receptacle, vehicle or place any record or other thing for the purpose of making copies or for further inspection.

Return of records or things

(4) Any copying or further inspection done under paragraph (3)(d) must be carried out as soon as is practicable, and the record or other thing must be returned promptly to the person from whom it was taken.

Inspection of dwelling place

(5) A transport officer may only enter a dwelling place with the consent of the occupant or under the authority of a warrant issued under section 13. SNWT 2015,c.23,s.4; SNWT 2022,c.4,s.4(2).

Warrant to inspect dwelling place

13.

(1) A justice may issue a warrant authorizing a transport officer and any other named person to enter and inspect a named dwelling place and exercise any power referred to in subsections 12(2) and (3), subject to any conditions that may be specified in the warrant, if, on an application without notice, the justice is satisfied by information on oath or affirmation that

(a) there is in the dwelling place a record or other thing to which this Act or the regulations applies or a record or other thing relating to the administration of this Act or the regulations;

(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act or the regulations; and

(c) entry to the dwelling place has been refused or that there are reasonable grounds for believing that entry will be refused.

Endorsement on warrant

(2) An endorsement that is made by a justice on a warrant as provided for in subsection (1) is sufficient authority to the transport officer to whom it was originally directed, and to any other named person, to execute the warrant. SNWT 2015,c.23,s.4.

Application

14.

(1) This section applies to the owner or person in charge of, and every person found in,

(a) a building, receptacle, vehicle or place entered into by a transport officer under section 12 and

(b) a dwelling place entered into by a transport officer under section 13.

Duty to co-operate

(2) Those owners and persons referred to in subsection (1) shall

(a) produce for inspection any record or other thing requested by the transport officer for the purposes of this Act or the regulations;

(b) give the transport officer all reasonable assistance to enable the officer to exercise powers and perform duties under this Act or the regulations; and

(c) provide the transport officer with any information relevant to the administration of this Act or the regulations that he or she may reasonably require.

SNWT 2015,c.23,s.4.

Search with warrant

15.

(1) A justice may issue a warrant, subject to any terms or conditions he or she considers necessary, authorizing a transport officer and any other named person to enter and search a building, receptacle, vehicle or place, including a dwelling place, named in the warrant for a record or other thing and to seize it, if, on an application without notice, the justice is satisfied by information on oath or affirmation that there are reasonable grounds to believe that there is in the building, receptacle, vehicle or place named, a record or other thing

(a) by means of or in respect of which an offence under this Act or the regulations has been or is suspected to have been committed;

(b) that there are reasonable grounds to believe that will afford evidence with respect to the commission of an offence under this Act or the regulations; or

(c) that will reveal the whereabouts of a person who is believed to have committed an offence under this Act or the regulations.

Endorsement on warrant

(2) An endorsement that is made by a justice on a warrant as provided for in subsection (1) is sufficient authority to the transport officer to whom it was originally directed, and to any other named person, to execute the warrant and to deal with things seized in accordance with this Act or the regulations or as otherwise provided by law.

Data and records

(3) In carrying out a search, a transport officer and any other named person who is authorized under this section to search a computer system or other electronic device for data may exercise any power referred to in subsection 12(3), and may seize any printout or other output or any copy made in the exercise of that power. SNWT 2015,c.23,s.4.

Expiry of warrant

16.

(1) A warrant issued under section 13 or 15 must specify a date on which it expires, which must not be later than 15 days after its issue.

Time of execution of warrant

(2) A warrant issued under section 13 or 15 may only be executed between 6 a.m. and 9 p.m., unless

(a) the justice is satisfied that there are reasonable grounds for it to be executed at a different time;

(b) the reasonable grounds are included in the information referred to in subsection 13(1) or 15(1), as the case may be; and

(c) the justice authorizes in the warrant that it be executed at a different time.

SNWT 2015,c.23,s.4.

Search without warrant

17.

Notwithstanding section 15, a transport officer may, without a warrant, exercise any of the powers described in that section, if

(a) the officer believes on reasonable grounds that there is in the building, receptacle, vehicle or place, a record or other thing referred to in paragraph 15(1)(a), (b) or (c); and

(b) it is not practicable to obtain a warrant because of exigent circumstances, including circumstances in which the delay necessary to obtain the warrant could result in the loss or destruction of evidence.

SNWT 2015,c.23,s.4.

Telewarrant

18.

(1) If a transport officer believes that an offence under this Act or the regulations has been committed and that it would be impracticable to appear personally to make an application for a warrant under section 13 or 15, the officer may submit an information on oath or affirmation to a justice by telephone or another means of telecommunication.

Section 487.1 of Criminal Code

(2) A justice referred to in subsection (1) may issue a warrant conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom a transport officer appears personally under section 13 or 15, and section 487.1 of the Criminal Code applies with such modifications as the circumstances require.

Endorsement

(3) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the transport officer to whom it was originally directed, and to any other named person, to execute the warrant and to deal with things seized in accordance with this Act or the regulations or as otherwise provided by law. SNWT 2015,c.23,s.4.

Use of force

19.

(1) A transport officer may use as much force as is reasonable and necessary to execute a warrant issued under section 15 or 18, or to exercise a power provided by section 17 or 20.

Use of force limited

(2) In executing a warrant issued under section 13, a transport officer may not use force unless the use of force has been specifically authorized in the warrant. SNWT 2015,c.23,s.4.

Seizure without warrant

20.

(1) A transport officer who is searching a place without a warrant under section 17 may seize any record or other thing that he or she believes on reasonable grounds

(a) has been obtained by the commission of an offence under this Act or the regulations;

(b) has been used in the commission of an offence under this Act or the regulations;

(c) will afford evidence in respect of an offence under this Act or the regulations; or

(d) is intermixed with a thing referred to in paragraph (a), (b) or (c).

Seizure when entry pursuant to warrant

(2) If a transport officer is searching a building, receptacle, vehicle or place named under the authority of a warrant, he or she may, whether or not the record or other thing is specified in the warrant, seize any record or other thing that he or she believes on reasonable grounds

(a) has been obtained by the commission of an offence under this Act or the regulations;

(b) has been used in the commission of an offence under this Act or the regulations;

(c) will afford evidence in respect of an offence under this Act or the regulations; or

(d) is intermixed with a thing referred to in paragraph (a), (b) or (c).

SNWT 2015,c.23,s.4.

Seizure of devices

21.

(1) A transport officer who has reasonable grounds to believe that any device used in the collection of tolls or monitoring of crossings of the Deh Cho Bridge is faulty, may seize the device for examination or testing.

Disposal

(2) Notwithstanding any other provision of this Act, the Minister may direct the withdrawal from service or disposal of a device described in subsection (1) that is found to be faulty on examination or testing by a person recognized by the Minister. SNWT 2015,c.23,s.4.

Procedure following seizure

22.

On seizing a record or other thing in the execution of a warrant issued under this Act or the regulations, and on seizing a record or other thing without a warrant, a transport officer shall, as soon as is practicable, bring the thing seized before a justice or report to a justice that he or she has seized the thing and is detaining it, or is causing it to be detained, to be dealt with by the justice in accordance with this Act and the regulations. SNWT 2015,c.23,s.4.

Disposition of thing seized

23.

A justice before whom a thing seized is brought, or to whom a report is made, shall order that the thing be dealt with in accordance with this Act and the regulations. SNWT 2015,c.23,s.4.

Return of thing seized

24.

(1) A justice shall order the return of a thing that has been seized, and that has not been forfeited, abandoned or otherwise disposed of under this Act and the regulations, to the owner or other person lawfully entitled to possession of the thing, if the person is known, unless the prosecutor, or the transport officer or other person having custody of the thing, satisfies the justice that its detention is required for the purposes of any investigation, trial or other proceeding.

Detention of thing seized

(2) If the prosecutor, or the transport officer or other person having custody of a thing seized, satisfies the justice that the thing should be detained for a reason set out in subsection (1), the justice shall order that it be detained until the conclusion of any investigation or until it is required to be produced for the purposes of a trial or other proceeding.

Further detention of thing seized

(3) Nothing shall be detained under the authority of subsection (2) for a period of more than three months after the day of the seizure, or any longer period that ends when an application made under subsection (1) is decided, unless

(a) a justice, on the making of a summary application to him or her after three clear days notice of the application to the person from whom the thing detained was seized, is satisfied that, having regard to the nature of the investigation, its further detention for a specified period is warranted and the justice so orders; or

(b) proceedings are instituted in which the thing detained may be required.

SNWT 2015,c.23,s.4.

Cumulative period of detention of thing seized

25.

More than one order for further detention may be made under paragraph 24(3)(a), but the cumulative period of detention must not exceed one year after the day of the seizure, or any longer period that ends when an application made under paragraph 24(3)(a) is decided, unless

(a) a justice, on the making of a summary application to him or her after three clear days notice of the application to the person from whom the thing detained was seized, is satisfied, having regard to the complex nature of the investigation, that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the justice considers appropriate, and the justice so orders; or

(b) proceedings are instituted in which the thing detained may be required.

SNWT 2015,c.23,s.4.

Other orders

26.

Notwithstanding section 24, a justice may order that

(a) a thing that has been seized is forfeited to the Government of the Northwest Territories if the justice is satisfied that the thing is likely to be used to hinder the application of or be used to facilitate a contravention of this Act or the regulations;

(b) a thing seized be returned to the owner or other person lawfully entitled to possession of it on the terms and conditions that the justice may order if he or she is satisfied that the seizure of the thing is causing injustice or undue hardship; or

(c) a thing seized be disposed of in the manner that the justice may direct, including forfeited to the Government of the Northwest Territories, if he or she is satisfied that it is not practicable to maintain the thing in custody.

SNWT 2015,c.23,s.4.

Application for return of thing

27.

(1) A person claiming to be the owner or other person lawfully entitled to the possession of a thing that has been seized under this Act and the regulations, may apply to a justice for an order returning or releasing the thing to the person.

Order

(2) On an application under subsection (1), a justice may order a thing be returned or released to the person lawfully entitled to its possession if

(a) the continued detention of the thing is not reasonably required for the purposes of an investigation, trial or other proceeding; and

(b) the thing has not been forfeited, abandoned, or otherwise disposed of under this Act and the regulations.

SNWT 2015,c.23,s.4.

Return of thing seized

28.

At the conclusion of an investigation, if a charge is not laid or if a charge is laid but on its final disposition the accused is acquitted or the charge is dismissed or withdrawn, a justice shall order the return of a thing that had been seized, and that has not been forfeited, abandoned, or otherwise disposed of under this Act and the regulations, to the owner or other person lawfully entitled to possession of it, if that person is known. SNWT 2015,c.23,s.4.

Limitation of liability

29.

No action or other proceeding for damages lies or may be instituted against the Government of the Northwest Territories, the Minister, the Registrar or a transport officer for loss or damage arising from the seizure, disposal or return in accordance with this Act and the regulations of a thing that has been seized, or from the deterioration of a thing while it is being detained under a seizure, other than loss or damages resulting from negligence or wilful neglect. SNWT 2015,c.23,s.4.

False statement,

30.

No person shall

(a) knowingly make a false or misleading statement, either orally or in writing to a transport officer who is exercising powers or performing duties under this Act or the regulations; or

(b) otherwise obstruct or hinder a transport officer who is exercising powers or performing duties under this Act or the regulations.

SNWT 2015,c.23,s.4.

EVIDENCE

Camera and weighing systems

31.

(1) A camera system or weighing system used for the purposes of administering and enforcing this Act and the regulations, must be approved in accordance with the regulations.

Camera evidence

(2) In a prosecution or other proceeding under this Act or the regulations, a certified copy of any of the following documents is, in the absence of evidence to the contrary, proof of the document and facts stated in the document and may be admitted without proof of signature, seal of the office of the Registrar, and without proof that the document was so deposited, filed, kept or registered by the Registrar:

(a) a certificate from the Registrar approving the camera system referred to in subsection (1);

(b) a photograph or other record obtained using the camera system referred to in subsection (1).

Weighing evidence

(3) In a prosecution or other proceeding under this Act or the regulations, a certified copy of any of the following documents is, in the absence of evidence to the contrary, proof of the document and facts stated in the document and may be admitted without proof of signature, seal of the office of the Registrar, and without proof that the document was so deposited, filed, kept or registered by the Registrar:

(a) a certificate from the Registrar approving the weighing system referred to in subsection (1);

(b) a report of weight data or other records obtained using the weighing system referred to in subsection (1).

OFFENCES AND PUNISHMENT

Offence and punishment

32.

A person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000. SNWT 2015,c.23,s.4.

REGULATIONS

Regulations

33.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) establishing tolls for vehicular use of the Deh Cho Bridge, which tolls may differ in relation to

(i) the type, class or configuration of vehicle using the Deh Cho Bridge,

(ii) the date or time of that use, or

(iii) the method of payment of the toll;

(b) describing types, classes and configurations of vehicles for the purpose of establishing tolls;

(c) adjusting tolls;

(d) respecting the collection of tolls and the enforcement of the collection of tolls;

(e) respecting camera systems and weighing systems referred to in section 31, including their approval; respecting the use of transponders and other devices in vehicles or classes of vehicles for the purpose of enforcing the collection of tolls; respecting methods of payment of tolls, including establishing standards for agreements allowing owners of vehicles to remit toll payments on a periodic basis; respecting the refund of tolls; exempting types, classes or configurations of vehicles, either generally or in specified circumstances, from requirements to pay tolls; respecting the assumption by the Government of responsibility for the operation and maintenance of the Deh Cho Bridge under section 4, including but not limited to,

(i) the provision of notice to the concessionaire,

(ii) the deduction of costs incurred by the Government from amounts payable to the concessionaire, and

(iii) the return of responsibility for the operation and maintenance of the Deh Cho Bridge to the concessionaire; and respecting any other matter that the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.