Deh Cho Bridge Regulations

Regulation
Registration
R-059-2012
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Deh Cho Bridge Act

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.

  • s.1 amended by R-004-2014,s.2
  • s.1 amended by R-024-2016,s.2 in force April 1, 2016
  • s.3 amended by R-024-2016,s.3 in force April 1, 2016
  • s.3 amended by R-025-2020,s.2 in force March 20, 2020
  • s.3 amended by R-101-2020,s.2
  • s.3 amended by R-121-2020,s.2
  • s.3 amended by R-081-2021,s.2
  • s.4 amended by R-004-2014,s.3
  • s.5 amended by R-004-2014,s.3
  • s.5 amended by R-024-2016,s.3 in force April 1, 2016
  • s.6 amended by R-004-2014,s.3
  • s.7 amended by R-024-2016,s.3 in force April 1, 2016
  • s.8 amended by R-024-2016,s.4 in force April 1, 2016
  • s.8.1 amended by R-049-2015,s.2
  • s.13 repealed by R-024-2016,s.5 in force April 1, 2016
  • s.sched_A amended by R-020-2020,s.2 in force April 1, 2020
  • s.sched_B amended by R-081-2021,s.3
  • s.sched_3 amended by R-024-2016,s.7 in force April 1, 2016
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 8.1. 8.1 9. 9 10. 10 11. 11 12. 12 13. Repealed SCHEDULE A (Subsections 3(1), 4(4) SCHEDULE B SCHEDULE SCHEDULE ANNEXE

The Commissioner in Executive Council, under section 10 of the Deh Cho Bridge Act and every enabling power, makes the Deh Cho Bridge Regulations.

Interpretation

1.

In these regulations,

"bridge" means the Deh Cho Bridge, the approaches to that bridge and any other land, structure or thing associated with the bridge or its operation and maintenance; (pont)

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

"commercial vehicle" means a motor vehicle used for business purposes that has a gross weight, as defined in section 1 of the Motor Vehicles Act, exceeding 4,500 kg; (véhicule utilitaire)

"motor vehicle" means a motor vehicle as defined in section 1 of the Motor Vehicles Act; (véhicule automobile)

"pick-up truck" means a motor vehicle that

(a) has two axles,

(b) is not a tractor as defined in subsection 1(1) of the Large Vehicle Control Regulations,

(c) is not a straight truck as defined in subsection 1(1) of the Large Vehicle Control Regulations, and

(d) is not a bus; (camionnette)

"remittance agreement" means an agreement made under subsection 6(1); (accord de versement)

"toll permit" means a single use permit that may be purchased from a toll permit provider by or on behalf of an operator or owner of a commercial vehicle in advance of crossing the bridge; (permis de péage)

"toll permit provider" means a person with whom the Registrar, on behalf of the Government of the Northwest Territories, has entered into an agreement under section 4; (fournisseur de permis de péage) "transponder" means a transmitter or receiver issued by a transponder provider that is used with a transponder reader or other equipment to identify

(a) information about the transponder,

(b) the person to whom the transponder was issued,

(c) the vehicle crossing the bridge and its type, class or configuration,

(d) the operator or owner of the vehicle crossing the bridge,

(e) the toll that is required to be paid, or

(f) the date and time of the crossing; (transpondeur)

"transponder provider" means a person with whom the Registrar, on behalf of the Government of the Northwest Territories, has entered into an agreement under section 5. (fournisseur de transpondeurs) R-004-2014,s.2; R-024-2016,s.2.

Registrar

2.

(1) The Registrar shall, on behalf of the Government and under the direction of the Minister, implement and maintain a toll system for the bridge.

(2) The Registrar shall

(a) direct and supervise transport officers referred to in subsections 8(1) and (2) of the Act;

(b) review refund requests made under section 9; and

(c) perform any other duties as directed by the Minister for carrying out the purposes and provisions of the Act or these regulations.

(3) The Registrar may perform any of the duties and exercise any of the powers of a transport officer.

Tolls

3.

(1) An operator or owner of a commercial vehicle travelling northbound across the bridge shall pay a toll for the type, class or configuration of that vehicle as set out in Part 1 or Part 2 of Schedule A, as applicable.

(1.1) Repealed, R-081-2021,s.2(2).

(2) A toll required under subsection (1) must be paid by

(a) purchasing a toll permit from a toll permit provider in advance of the bridge crossing; or

(b) remitting payment for each toll crossing in a manner directed by the Registrar.

(3) An operator or owner of a commercial vehicle that is a type, class or configuration set out in Schedule B need not pay a toll.

(4) Where a toll is paid on behalf of an operator or owner of a commercial vehicle, the operator or owner is deemed to have paid that toll. R-024-2016,s.3; R-025-2020,s.2; R-101-2020,s.2; R-121-2020,s.2; R-081-2021,s.2.

Toll Permit Providers

4.

(1) The Registrar, on behalf of the Government of the Northwest Territories, may enter into a toll permit provider agreement with any person and the agreement may provide for the designation of that person as an agent of the Minister for the purpose of collecting tolls and may provide for any other matter relating to the collection and remittance by that person of tolls due to the Government under section 3.

(2) The Registrar may require a toll permit provider to file with the Registrar, a bond in the amount and in the form required by the Registrar, conditional on such terms as the Registrar considers advisable.

(3) The Registrar may require a toll permit provider to, on or before the 28th day of each month, file with the Registrar a monthly toll return in a form approved by him or her covering the transactions in toll permits made by the toll permit provider during the previous month.

(4) A toll permit provider shall, at the time of the purchase of a toll permit, collect the applicable toll set out in Part 1 of Schedule A and remit it in a manner directed by the Registrar.

(5) A toll permit provider who sells a toll permit shall issue to the purchaser a toll permit that states

(a) a unique serial number;

(b) the date and time of issue;

(c) the date and time that it comes into effect;

(d) the date and time of expiry;

(e) the vehicle licence plate number and jurisdiction;

(f) the vehicle identification number;

(g) the type, class or configuration of the commercial vehicle as set out in Part 1 of the Schedule A pertaining to the permit;

(h) the total amount charged; and

(i) any other information that the Registrar requires.

(6) The difference between the date and time that a toll permit comes into effect and the date and time of its expiry must not exceed 24 hours.

(7) A toll permit is non-transferable. R-004-2014,s.3.

Transponder Providers

5.

(1) The Registrar, on behalf of the Government of the Northwest Territories, may enter into a transponder provider agreement with any person.

(2) The Registrar may require a transponder provider to, on or before the 28th day of each month, file with the Registrar a monthly transponder return in a form approved by the Registrar covering the transactions made under these regulations by the transponder provider during the previous month.

(3) A transponder provider who sells, leases, licenses or otherwise provides a person with a transponder shall issue the person with an invoice that states

(a) the invoice serial number;

(b) the date of issue of the invoice;

(c) the transponder identification number;

(d) the name and address of the transponder provider;

(e) the name and address of the owner of the vehicle for which the transponder is provided;

(f) the vehicle licence plate number and jurisdiction;

(g) the vehicle identification number;

(h) the total amount charged; and

(i) any other information that the Registrar requires.

R-004-2014,s.3; R-024-2016,s.3.

Remittance Agreements

6.

(1) The Registrar, on behalf of the Government of the Northwest Territories, may enter into a remittance agreement with a person to establish a system for the paying of tolls due to the Government, as set out in Part 2 of Schedule A, for each northbound crossing of the bridge.

(2) The Registrar may require a party to a remittance agreement to file with the Registrar a bond in the amount and in the form required by the Registrar, conditional on such terms as the Registrar considers advisable.

(3) The Registrar may terminate a remittance agreement if he or she has a reasonable belief that

(a) the tolls due to the Government are not being paid;

(b) the party to the remittance agreement is unwilling or incapable of reporting northbound crossings of the bridge; or

(c) the party to the remittance agreement is not meeting one or more conditions of that agreement.

(4) In respect of each vehicle subject to a remittance agreement, it is a condition of the agreement that the party must have a transponder in each vehicle that crosses the bridge.

(5) A remittance agreement must

(a) expire not more than one year after it commences; and

(b) state when a toll is due to the government.

R-004-2014,s.3.

Inspections

7.

(1) A transport officer may stop a motor vehicle that he or she reasonably believes will cross, is crossing or has crossed the bridge, to determine

(a) whether or not it is a commercial vehicle;

(b) its type, class or configuration;

(c) the applicable toll;

(d) that the operator or owner has been issued a valid toll permit or a transponder; or

(e) that the applicable toll has been paid or a remittance agreement exists for it to be paid.

(2) A transport officer or other person under the direction of a transport officer may, at the bridge, record by any means, details of any vehicle crossing the bridge.

(3) A transport officer may, at any location, require an operator or owner of a motor vehicle, toll permit provider, transponder provider or party to a remittance agreement, to produce any document or article for inspection for the purposes of tolling and enforcement of the Act and these regulations. R-024-2016,s.3.

Camera Systems

8.

(1) The Registrar may approve a camera system for identifying operators and owners and vehicles that use the bridge, including identification for the purposes of tolling and enforcement of the Act and these regulations.

(2) Where a photograph or other record is obtained using a camera system, each record must show on it the date and time when and location where it was taken or recorded, in a manner approved by the Registrar. R-024-2016,s.4.

Weighing Systems

8.1.

(1) The Registrar may approve a weighing system for determining the weight of vehicles that use the bridge, for the purposes of the collection of tolls and the enforcement of the Act and these proposed regulations.

(2) A report using weight data or other records obtained using a weighing system must include the date and time of the data or other records, the weight recorded and any other information necessary to associate the data or other records to a specific vehicle, in a manner approved by the Registrar.

(3) Other information referred to in subsection (2) may include a photograph or other record obtained using a camera system in accordance with section 8. R-049-2015,s.2.

Refunds

9.

(1) A purchaser of a toll permit or a party to a remittance agreement who does not agree with a toll he or she has paid may make a refund request within 60 days after the toll was due to the Government.

(2) A refund request may be made by submitting, in a manner approved by the Registrar,

(a) the refund request form set out in Schedule C; and

(b) the refund request fee set out in Schedule D.

(3) The Registrar shall, within 60 days after receiving the refund request, review it and, after considering any facts,

(a) uphold the toll as charged;

(b) vary the toll charged to that which should have been charged under section 3 and refund any overpayment made; or

(c) refund the request fee if an overpayment was made.

(4) If the Registrar requires information additional to that provided in the refund request in order to make a decision on the refund request, he or she may

(a) request that information from the person who submitted the refund request; and

(b) extend the time period referred to in subsection (3) by 60 days from the day he or she receives that information.

(5) A decision by the Registrar is final.

Offences

10.

(1) No person shall

(a) evade, obstruct or interfere with tolling; or

(b) attempt to evade, obstruct or interfere with tolling.

(2) No person shall

(a) assist another person to evade, obstruct or interfere with tolling; or

(b) attempt to assist another person to evade, obstruct or interfere with tolling.

11.

(1) In this section, "tamper" means to remove, destroy, disconnect or modify.

(2) No person shall

(a) tamper with a device or component of a toll system; or

(b) attempt to tamper with a device or component of a toll system.

(3) No person shall

(a) interfere with, obstruct or otherwise hinder a sensor that is part of a toll system; or

(b) attempt to interfere with, obstruct or otherwise hinder a sensor that is part of a toll system.

(4) This section does not apply to the Registrar.

12.

(1) No person shall

(a) sell, purchase, lease, rent or otherwise make available a device intended to interfere with a toll system; or

(b) attempt to sell, purchase, lease or rent or otherwise make available a device intended to interfere with a toll system.

(2) No person shall

(a) use a device intended to interfere with a toll system; or

(b) attempt to use a device intended to interfere with a toll system.

(3) This section does not apply to the Registrar.

13.

Repealed, R-024-2016,s.5.

SCHEDULE A (Subsections 3(1), 4(4)

and 6(1))

Part 1

Toll Rates Applicable to Purchasers of Toll Permits

Tolling Class Type, Class or Configuration Toll

A Commercial 2 to 4 axles or $ 103 vehicle a pick-up truck or bus with trailer

B 5 or 6 axles $ 186 (excluding pick-up truck or bus)

C 7 or 8 axles $ 327 (excluding pick-up truck or bus)

D 9 or more axles $ 424 (excluding pick-up truck or bus) Part 2

Applicable to Vehicles Under a Remittance Agreement

Tolling Class Type, Class or Configuration Toll

A Commercial 2 to 4 axles or $ 83 vehicle a pick-up truck or bus with trailer

B 5 or 6 axles $ 168 (excluding pick-up truck or bus)

C 7 or 8 axles $ 308 (excluding pick-up truck or bus)

D 9 or more axles $ 405 (excluding pick-up truck or bus)

R-020-2020,s.2.

SCHEDULE B

(Subsection 3(3))

Commercial Vehicles Exempt from Tolls on the Deh Cho Bridge

Item Type, Class or Configuration Description

1. Pick-up truck not transporting Means a pick-up truck that, at the time of freight and not pulling trailer crossing the bridge, (a) is not being used to transport freight in connection with a commercial enterprise; and (b) is not pulling a trailer, unless the trailer (i) is being used solely to transport recreational equipment such as an all-terrain vehicle, watercraft, fishing and hunting equipment, a motorcycle, bicycle or other similar recreational item, and (ii) is being used to transport that recreational equipment other than in connection with a commercial enterprise.

2. School bus Means a school bus as defined in section 1 of the Motor Vehicles Act.

3. Service vehicle Includes (a) a vehicle servicing a public utility, such as a bucket truck, mechanical repair truck or welding truck; and (b) a recovery vehicle that is engaged in the recovery of a vehicle.

4. Recreational vehicle (1) Means a motor vehicle that is primarily designed as mobile accommodation or self-propelled mobile accommodation and that, at the time of crossing the bridge, is being used as transportation solely for non-commercial purposes, such as (a) a class A, B or C motorhome, each as defined in section 1 of the Motor Vehicle Registration and Licence Plate Regulations; (b) a pick-up truck with a truck bed camper; or (c) a cabin trailer, collapsible trailer, tent trailer or other camping trailer, that is being drawn by (i) an automobile, van, sport utility vehicle or other similar motor vehicle, or (ii) a pick-up truck.

(2) Notwithstanding subitem (1), the following are not recreational vehicles: (a) a pick-up truck with a truck bed camper, if the truck has a gross weight exceeding 4,500 kg without the camper; (b) a cabin trailer, collapsible trailer, tent trailer or other camping trailer, being drawn by a pick-up truck, if the truck has a gross weight exceeding 4,500 kg without the camping trailer; (c) an NSC vehicle, as defined in section 1 of the Motor Vehicles Act, that (i) is fitted with a sleeper berth, or (ii) is being used to transport a prefabricated house.

R-081-2021,s.3.

SCHEDULE

Refund Request

Instructions:

If you do not agree with a toll that you have paid, you may, Government, make a refund request to the Registrar by completing D, and submitting both to:

Registrar of Motor Vehicles c/o Road Licensing and Safety Highways Building, 1st Floor 4510-50th Avenue

P.O. BOX 1320

YELLOWKNIFE NT X1A 2L9

1. State Your Personal Information:

Name:

("Applicant") Address:

City or Town:

Terr./Prov.

2. State Details of Operator or Owner (if different from

Name:

Address:

City or Town:

Terr./Prov.

Relationship of Applicant to Owner:

3. State Vehicle Information (as applicable):

Licence Plate Jurisdiction of Licence Number: Plate:

Date of Crossing: Time of Crossing:

Toll Permit Transponder Number: Identification Number:

4. Describe What Happened and When it Happened:

(Use additional pages if necessary and attach any relevant documents)

5. State the Outcome You Seek:

6. By signing this form, you certify that the information contained above is accurate.

Signature: Date:

(If signing for a corporation, state office held) (DD-MM-YYYY)

The Registrar may request further information if he or she considers it necessary. Incomplete information may delay the review.

R-024-2016,s.7.

SCHEDULE

Fees

Item Description

1. Refund request fee

ANNEXE

Frais

Poste Description

1. Frais de demande de remboursement