2nd Session, 60th General Assembly
56 Elizabeth II, 2007
First Reading: December 4, 2007
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Road Improvements Act.
2 In this Act,
(a) "Minister" means the Minister of Transportation and Infrastructure Renewal;
(b) "priority list" means the priority list required by this Act;
(c) "road" means a road in respect of which the Department of Transportation and Public Works spends money for road improvements.
3 (1) The Minister shall evaluate each road in the Province in accordance with the following criteria:
(a) use of road for access to public facilities;
(b) impact of road on economic development;
(c) tonnage of vehicles using road;
(d) time period since road last paved;
(e) number of fatal and non-fatal accidents occurring on the road; and
(f) such other criteria as are prescribed by the regulations.
(2) Each road shall be evaluated at least once every four years.
(3) Each road shall be evaluated within one year of the coming into force of this Act.
4 Based upon the evaluation made pursuant to Section 3, the Minister shall prepare and maintain a priority list of all roads in the Province ranked in order of priority for road improvements.
5 The priority list must be published at least once every six months in the Royal Gazette.
6 (1) The calling of tenders for and expenditure of money on road improvements must be in strict order of the roads' ranking on the priority list, beginning with the road having the highest priority.
(2) Notwithstanding subsection (1), the Minister may call a tender or expend money for road improvements other than in the order of the roads' ranking on the priority list if the Minister
(a) considers the road improvements to be urgent; and
(b) within thirty days, tables the reasons, that the Minister considers the road improvements to be urgent, in the House of Assembly or, if the Assembly is not then sitting, files them with the Clerk of the Assembly.
(3) For greater certainty, nothing in subsection (2) is authority to expend money for road improvements.
7 (1) The Governor in Council may make regulations
(a) prescribing criteria for evaluating roads for the purpose of preparing or maintaining the priority list;
(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise of the authority contained in this Section is regulations within the meaning of the Regulations Act.