Not in force

1–5   [Not in force.]

Definitions for this Part

6   In this Part:

"government procurement entity" means a government organization, as defined in the Budget Transparency and Accountability Act;

"procurement", in relation to the procurement of goods or services, includes sourcing, selecting, receiving and contracting for goods or services and other steps taken to acquire goods or services;

"protected person" means the following:

(a) a government procurement entity;

(b) a person who is a member, director, officer or employee of a government procurement entity.

Procurement directives

7   (1) The Lieutenant Governor in Council may issue directives in relation to the procurement of goods or services by the government or government procurement entities.

(2) This section applies despite sections 4 and 4.1 of the Financial Administration Act.

(3) If there is a conflict or inconsistency between an enactment and a directive issued under subsection (1), the directive prevails.

(4) A government procurement entity must comply with a directive of the Lieutenant Governor in Council issued to the government procurement entity.

(5) A directive issued under subsection (1) must be published as soon as practicable by the minister on a publicly available website.

Protection against legal proceedings

8   (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a protected person because of anything done or omitted in complying with, or intending to comply with, a directive issued under this Part.

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

Indemnification for legal proceedings

9   (1) Subject to subsection (2), the government must indemnify a protected person for any costs or expenses incurred by the protected person in any legal proceedings taken against the protected person for anything done or omitted in complying with, or intending to comply with, a directive issued under this Part.

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

General powers respecting directives

10   (1) In issuing a directive under this Part, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to

(i) a minister,

(ii) a person who is employed in the government, or

(iii) a person who is a member, director, officer or employee of a government procurement entity;

(b) confer a discretion on

(i) a minister,

(ii) a person who is employed in the government, or

(iii) a person who is a member, director, officer or employee of a government procurement entity;

(c) establish terms and conditions;

(d) provide for exemptions;

(e) establish or define classes of government procurement entities, procurements, goods, services, circumstances, matters or other things;

(f) make different directives in relation to different ministries, government procurement entities, procurements, goods, services, circumstances, matters or other things, or different classes of government procurement entities, procurements, goods, services, circumstances, matters or other things.

(2) A directive issued on or before June 30, 2025 under this Part may be made retroactive to February 1, 2025 or a later date and, if made retroactive, is deemed to have been issued on the specified date.

Definition for this Part

12   In this Part, "provincial undertaking" means the following:

(a) a provincial public undertaking as defined in the Transportation Act;

(b) a ferry to which the Coastal Ferry Act applies;

(c) ferry terminal properties as defined in section 30 of the Coastal Ferry Act.

Tolls, fees and charges

13   (1) The Lieutenant Governor in Council may, by regulation, establish a system of tolls, fees or charges to be paid to the government in respect of the use of a provincial undertaking.

(2) If a system of tolls, fees or charges has been established under this section in respect of the use of a provincial undertaking, the toll, fee or charge payable by a person who is liable under the system, and any interest payable in relation to the toll, fee or charge, is a debt due to the government.

Certificate proceedings

14   If a person fails to pay an amount in accordance with the system of tolls, fees or charges established under this Part,

(a) the amount that must be paid may be recovered as a debt due to the government,

(b) the minister may file a certificate in a court of competent jurisdiction specifying the amount owed and the name of the person who owes it, and

(c) on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

Rights, powers and advantages of minister

15   The minister charged with the administration of the Transportation Act may exercise the rights, powers and advantages under section 2 (1) (e) of that Act in relation to a system of tolls, fees or charges established under this Part.

Collection and disclosure of personal information

16   (1) The minister charged with the administration of the Transportation Act may, directly or indirectly, collect personal information for the purposes of this Part.

(2) The minister charged with the administration of the Transportation Act may disclose personal information for the purposes of this Part.

Power to make regulations

17   (1) The Lieutenant Governor in Council may make regulations as follows:

(a) respecting the system of tolls, fees or charges referred to in section 13;

(b) respecting the payment, collection and enforcement of tolls, fees and charges;

(c) respecting exemptions from the payment of tolls, fees or charges;

(d) prescribing interest rates and the manner of calculating interest payable for the purposes of this Part.

(2) Without limiting subsection (3), in making a regulation establishing a system of tolls, fees or charges, the Lieutenant Governor in Council may do one or more of the following:

(a) designate provincial undertakings or portions of a provincial undertaking for a toll, fee or charge;

(b) establish terms and conditions for the system;

(c) establish different amounts for tolls, fees or charges based on one or more of the following:

(i) dates, days or times of use of the provincial undertaking or portion of a provincial undertaking;

(ii) extent of use of the provincial undertaking or portion of a provincial undertaking;

(iii) class of user of the provincial undertaking or portion of a provincial undertaking;

(iv) ownership or registration of a vehicle;

(v) characteristics or class of a vehicle;

(d) establish rules respecting the administration of the system of tolls, fees or charges.

(3) In making a regulation under this Part, the Lieutenant Governor in Council may do one or more of the following:

(a) establish or define classes of users, operators, owners, vehicles or provincial undertakings;

(b) make different regulations in relation to different users, operators, owners, vehicles or provincial undertakings, or different classes of users, operators, owners, vehicles or provincial undertakings.

Application of Offence Act

18   Section 5 [general offence] of the Offence Act does not apply to this Act, the regulations or the directives.

General powers respecting regulations

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

(2) The authority to make regulations under another provision of this Act does not limit subsection (1).

(3) The Lieutenant Governor in Council may make regulations respecting the collection or disclosure of information, including personal information, for the purposes of this Act.

(4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) establish or define classes of persons, places, circumstances, matters or other things;

(d) make different regulations in relation to

(i) different persons, places, circumstances, matters or other things, or

(ii) different classes of persons, places, circumstances, matters or other things.

(5) The authority to establish or define classes or make different regulations under another provision of this Act does not limit subsection (4) (c) or (d).

Reporting

20   The minister responsible for the administration of a regulation that is made, amended, or repealed under this Act must, as soon as practicable, publish the following on a publicly accessible website maintained by or on behalf of the ministry:

(a) a summary of the regulation

(i) that is made, or

(ii) as amended;

(b) the rationale for the enactment, amendment or repeal of the regulation;

(c) any other prescribed information.

Review of the Act

21   (1) In this section, "select standing committee" means the select standing committee of the Legislative Assembly that is designated for the purposes of this section.

(2) A regulation made under section 3 (4), 5, 7, 13, 17, or 19 stands referred to the select standing committee.

(3) If a regulation is made under section 3 (4), 5, 7, 13, 17, or 19, a copy of the regulation must be filed as soon as practicable with the select standing committee by the minister charged with the administration of the section under which the regulation is made.

(4) Within 30 days after the date a regulation is filed under subsection (3), the select standing committee must begin a review of the regulation.

(5) On or before September 1, 2027, the select standing committee must present a final report to the Legislative Assembly.

(6) The select standing committee may file any interim reports and the final report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

Repeal

22   (1) Subject to subsection (2), the following are repealed on May 28, 2026:

(a) Part 1;

(b) sections 6, 7 and 10;

(c) Part 3.

(2) The Lieutenant Governor in Council may, by regulation, repeal a provision of this Act referred to in subsection (1) (a) to (c) on a date earlier than May 28, 2026.

(3) Unless earlier repealed, a regulation made under this Act is repealed on May 28, 2026.

Commencement

23   The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: