The following definitions apply in this Act. R.S.1973, c.P-28, s.1; 1974, c.43(Supp.), s.1; 1986, c.8, s.108; 1991, c.59, s.59; 2003, c.E-4.6, s.176; 2004, c.20, s.55; 2009, c.1, s.1; 2009, c.2, s.1; 2010, c.31, s.116; 2013, c.11, s.1; 2016 c.37, s.163; 2019, c.29, s.206; 2022, c.44, s.1; 2024, c.28, s.52
“arbitral tribunal” means a sole arbitrator or a panel of three arbitrators. (tribunal d’arbitrage)
“Minister” means the Minister of Transportation and Infrastructure and includes a person designated by the Minister to act on the Minister’s behalf.(ministre)
“owner” includes a mortgagee, lessee, tenant, occupant, person entitled to a limited estate or interest, and a guardian, executor, administrator or trustee in whom land or an interest in land is vested.(propriétaire)
“project” means (projet)
(a) the modifications to the Petitcodiac River Causeway to restore the passage of fish and a work related to the modifications to the Petitcodiac River Causeway to restore the passage of fish, or
(b) the decommissioning of the Eel River Dam to restore the passage of fish and a work related to the decommissioning of the Eel River Dam to restore the passage of fish.
“public work” means all lands, buildings and other structures(ouvrage public)
(a) belonging to the Crown in right of the Province except
(i) the lands, buildings or other structures that are under the administration of a minister, other than the Minister, or under the administration of another agent of the Crown in right of the Province by another Act,
(ii) highways,
(iii) ferry wharves or bridges, and
(iv) Crown lands, buildings or other structures under the administration of the Minister of Natural Resources,
(b) that are designated as public works by the Minister for the purposes of a project, and
(c) that, despite subparagraph (a)(i), are designated as public works by the Minister under section 1.1.
“work” includes the construction, extension, enlargement, alteration, repair, maintenance and improvement of lands, buildings and other structures.(travaux)
2022, c.44, s.2For the purposes of paragraph (c) of the definition “public work”, the Minister may designate lands, buildings or other structures as public works in the following circumstances: 2022, c.44, s.2
(a) the effective date of transfer of the land, building or other structure has been established; and
(b) the approval of the Lieutenant-Governor in Council has been obtained.
The Minister may delegate to an officer under his or her supervision, any administrative power conferred on the Minister by this Act. R.S.1973, c.P-28, ss.2(2)
2009, c.1, s.2; 2017, c.25, s.1
Despite section 3 of the Marshland Infrastructure Maintenance Act, the Minister has sole responsibility for the construction, reconstruction, recondition, repair, maintenance, conduct and operation of dykes, aboiteaux, breakwaters, canals, ditches, drains, roads and other structures, excavations and facilities for the reclamation, development, improvement or protection of marshland on lands that are, for the purposes of a project, designated as public works by the Minister.
All contracts made by the Minister shall be made in the name of the Crown in right of the Province. R.S.1973, c.P-28, s.3
Every contract made by the Minister where labour is to be performed shall contain minimum wage provisions as set out in the applicable minimum wage regulation under the Employment Standards Act. R.S.1973, c.P-28, s.4; 1987, c.6, s.93
An action or other proceeding for the enforcement of a contract made by the Minister or for the recovery of damages to a public work or to any land, building or other structure leased under section 11 or for the enforcement of a right in respect of a public work or any land, building or other structure leased under section 11 may be instituted in the name of the Minister. R.S.1973, c.P-28, s.5; 2013, c.11, s.3
Nothing in section 6 impairs the right of the Crown to institute or maintain an action, suit or proceeding by the Attorney General or otherwise to prevent a trespass or injury or for a breach of contract or to recover damages therefore. R.S.1973, c.P-28, s.6; 1981, c.6, s.1
The Minister shall make annually a detailed report to the Lieutenant-Governor in Council respecting the expenditure of public money on public works and on lands, buildings and other structures leased under section 11, and that report shall be laid before the Legislative Assembly. R.S.1973, c.P-28, s.7; 2013, c.11, s.4
The Minister, by himself or herself or by his or her architects, engineers, agents and workers, may R.S.1973, c.P-28, s.8; 2009, c.2, s.3
(a) enter on any land, survey and take levels of that land and make borings or sink trial pits as he or she deems necessary for any purpose relative to a public work,
(b) take possession of any land, waters or watercourse that in the Minister’s opinion is necessary to carry out work on a public work, or for obtaining access to that public work,
(c) enter on any land, including any Crown lands, whether leased or not and deposit on that land any material required for a public work or for the purpose of removing or carrying away any material, and may remove from that land any material used to carry out work on a public work and for those purposes may make and use temporary roads to and from that land as the Minister considers necessary,
(d) enter on any land for the purpose of making drains in which to carry off water from a public work and of keeping those drains in repair, and
(e) alter the course of a watercourse and road and change the level of the watercourse and road.
The Minister may enter, by himself or herself or by his or her architects, engineers, agents and workers, a building or other structure or enter on any land that is, for the purposes of a project, designated as a public work by the Minister in order to carry out work on that public work. 2009, c.2, s.4; 2013, c.11, s.5
The Minister may contract for the purchase or lease of land, buildings and other structures required for a public work or for the use and purposes of government. R.S.1973, c.P-28, s.9; 2013, c.11, s.6
Before the Minister designates any land, building or other structure as a public work for the purposes of a project, the Minister shall serve notice in writing of the intention to designate on the owner of the land, building or other structure. 2009, c.2, s.5; 2013, c.11, s.7
2009, c.2, s.5
A notice under section 12 shall be sufficiently served if it is mailed by registered mail to the latest known address of the owner.
Service by registered mail shall be deemed to be effected 30 days after the date of mailing.
With respect to lands, buildings and other structures that are, for the purposes of a project, designated as public works by the Minister, the Minister is exempt from compliance with 2009, c.2, s.5; 2013, c.11, s.8
(a) the Community Planning Act,
(b) a by-law enacted under the Community Planning Act,
(c) a regulation, order or demand made under the Community Planning Act,
(d) a term or condition made or imposed under the Community Planning Act, and
(e) a decision of the Assessment and Planning Appeal Board made under the Community Planning Act.
2009, c.2, s.5; 2013, c.11, s.9
Despite any other Act, the Minister may apply for a permit, licence or approval that he or she considers necessary to carry out work on the lands, buildings and other structures that are, for the purposes of a project, designated as public works by the Minister.
The ministers of the Crown responsible for the issuance of the permits, licences and approvals referred to in subsection (1) may issue those permits, licences and approvals to the Minister, even if the Minister is unable to meet the requirements or comply with the terms and conditions for their issuance.
R.S.1973, c.P-28, s.10
The Minister shall compensate a person for damages suffered by virtue of anything done under this Act.
A person claiming to be entitled to compensation shall deliver to the Minister a written claim setting forth full particulars of the claim and of his or her right and title to the compensation.
R.S.1973, c.P-28, s.11; 2009, c.2, s.6; 2014, c.35, s.1
If the Minister does not agree with the compensation claimed under subsection 16(2), the Minister shall offer, within 120 days after receiving the claim for compensation in writing, the amount that the Minister considers to be reasonable compensation and, at the same time, give notice to the person claiming compensation that, if the amount of the offer is not accepted within 120 days after the date the person receives the offer, the matter of compensation will be submitted to arbitration.
If the person claiming compensation does not accept the offer of the Minister within 120 days after receiving the offer, the Minister shall submit the matter of compensation to arbitration and the Minister and the person claiming compensation shall be deemed to have entered into a written arbitration agreement.
The Arbitration Act applies to an arbitration under this Act but, if there is a conflict between a provision of this Act and a provision of the Arbitration Act, the provision of this Act prevails. 2009, c.2, s.7
2009, c.2, s.7
An arbitral tribunal has exclusive jurisdiction to hear and determine all matters of compensation under this Act and no court shall intervene in the matter of compensation, except for the following purposes:
(a) to assist the arbitration process;
(b) to prevent unfair or unequal treatment of a party to an arbitration agreement; and
(c) to enforce awards.
No person shall apply for compensation under Part 2 of the Expropriation Act or any other Act for damages suffered by virtue of anything done under this Act.
2009, c.2, s.7; 2023, c.17, s.224
Within ten days after the date on which the Minister submits a matter to arbitration, the Minister and the person claiming compensation shall appoint a sole arbitrator.
If the Minister and the person claiming compensation are unable to agree on the appointment of a sole arbitrator within ten days after the date on which the Minister submits the matter to arbitration, an arbitral tribunal consisting of three arbitrators shall be appointed as follows:
(a) one by the Minister;
(b) one by the person claiming compensation; and
The Minister and the person claiming compensation shall each appoint an arbitrator within ten days after the expiration of the time period referred to in subsection (2).
If the Minister or the person claiming compensation fails to appoint an arbitrator within ten days after the expiration of the time period referred to in subsection (2), The Court of King’s Bench of New Brunswick shall appoint an arbitrator on behalf of the Minister or the person, as the case may be.
If the arbitrators appointed under paragraphs (2)(a) and (b) are unable to agree on the appointment of the chair within 20 days after the appointment of the second arbitrator, The Court of King’s Bench of New Brunswick shall appoint the chair on their behalf.
2009, c.2, s.7
If an arbitral tribunal consists of a sole arbitrator, the Minister is responsible for the fees and expenses of the arbitral tribunal and any other expenses related to the arbitration.
If an arbitral tribunal consists of three arbitrators,
(a) the Minister is responsible for
(i) the fees and expenses of the chair,
(ii) the fees and expenses of the arbitrator appointed by the Minister, and
(iii) any other expenses related to the arbitration, and
(b) the person claiming compensation is responsible for the fees and expenses of the arbitrator appointed by that person.
Within one year after the date on which the Minister submits a matter of compensation to arbitration, the arbitral tribunal shall make a decision on the matter of compensation. 2009, c.2, s.7
Before the expiration of the time for making a decision referred to in section 23, an arbitral tribunal may extend the time for making a decision by giving notice of the extension with reasons to the Minister and to the person claiming compensation. 2014, c.35, s.3
All public works shall be vested in the Crown in right of the Province and, despite section 55 of the Financial Administration Act and any other Act, when a public work is not required, the Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement for the sale or lease of the public work and may convey the public work by a deed of conveyance, lease or other instrument under the Great Seal of the Province and under the hand of the Minister, and the proceeds of the sale or leasing shall be accounted for as public money or on the direction of the Lieutenant-Governor in Council, deposited to the credit of the Land Management Fund. R.S.1973, c.P-28, s.12; 1992, c.73, s.1; 2013, c.11, s.10
2001, c.14, s.4; 2013, c.11, s.11; 2022, c.44, s.3
Despite section 25 of this Act and section 55 of the Financial Administration Act and any other Act, the Minister, without the approval of the Lieutenant-Governor in Council, may sell or otherwise dispose of a public work that is no longer required by the Minister if the public work has an appraised value not exceeding $150,000.
The appraised value of a public work shall be determined by a member of the New Brunswick Association of Real Estate Appraisers/Association des évaluateurs immobiliers du Nouveau-Brunswick holding the designation of Canadian Residential Appraiser (CRA) or Accredited Appraiser Canadian Institute (AACI), as applicable.
If a sale of a public work is made in the circumstances set out in this section, the proceeds of the sale shall be accounted for as public money or, on the direction of the Minister, be deposited to the credit of the Land Management Fund.
2013, c.11, s.12
Despite section 55 of the Financial Administration Act, if any land, building or other structure belonging to the Crown in right of the Province that is under the administration of a minister of the Crown, other than the Minister, is no longer required, that other minister shall transfer the land, building or other structure to the Minister.
On transfer to the Minister, any land, building or other structure referred to in subsection (1) is a public work.
2023, c.25, s.8Despite section 25 of this Act and section 55 of the Financial Administration Act and any other Act, the Minister shall distribute lists of public works that are no longer required to other ministers of the Crown and to the New Brunswick Housing Corporation and may transfer a public work to another minister of the Crown or to the New Brunswick Housing Corporation by transfer at book value plus the cost of transportation and any other costs incidental to the transfer. 2013, c.11, s.12; 2023, c.25, s.8
Subject to section 25 of this Act and despite section 55 of the Financial Administration Act, the Minister may sell a public work that is not transferred under section 28 for any amount up to the cost, appraised or book value of the public work to a charitable, religious or non-profit organization, a local government, a government of another province or territory, the Government of Canada or a corporation or agency in which the Province has a majority interest. 2013, c.11, s.12; 2014, c.35, s.4; 2017, c.20, s.150
2013, c.11, s.12; 2014, c.35, s.5; 2016 c.37, s.163; 2020, c.25, s.96; 2022, c.44, s.4
(a) by advertised public auction conducted at a location in the Province,
(b) by advertised public tender,
(c) by a request for proposals, or
(d) through the Surplus Property – Open to Offers link under the Surplus Property for Sale section on the Department of Transportation and Infrastructure website.
Subsection (1) does not apply to the sale of a public work under that subsection if the Treasury Board determines that a sale is impractical or that a public benefit is likely to result from the sale of the public work by another method.
If the Minister determines that the only value in a public work is salvage value, the Minister shall sell the public work by sealed offer solicited from more than one source.
If the Minister determines that a public work has no value, the Minister may dispose of it at the local sanitary landfill site, but if the public work may be hazardous to the health of the public, disposal shall be made in the manner required by the Minister of Environment and Climate Change.
The Minister shall maintain adequate records of each transaction relating to the sale or disposal of a public work under this Act, including, if applicable,
(a) the name of the buyer or recipient,
(b) a description of the public work, including its serial number, if applicable, and
(c) the location and date of sale or disposal.
2017, c.25, s.22017, c.25, s.2; 2022, c.44, s.5
Despite sections 25 and 26 of this Act and section 55 of the Financial Administration Act and any other Act, the Minister, without the approval of the Lieutenant-Governor in Council, may sell or otherwise dispose of any vacant land that is transferred or has been transferred, whether before, on or after the commencement of this section, to the Minister under section 27 if
(a) proceedings to sell the land were held under the Real Property Tax Act but the land was not sold, and
(b) the amount of the taxes and penalties on the land that were due and unpaid under the Real Property Tax Act on the date that the proceedings to sell the land were held under that Act does not exceed $10,000.
The Minister may sell or otherwise dispose of vacant land referred to in subsection (1) through the Surplus Property – Open to Offers link under the Surplus Property for Sale section on the Department of Transportation and Infrastructure website.
The proceeds of the sale of vacant land under this section shall be deposited to the credit of the Land Management Fund.
Subsections (1) to (4) apply with the necessary modifications to any vacant land that was transferred to the Minister under section 12.011 of the Public Works Act, chapter P-28 of the Revised Statutes, 1973, before the commencement of this section.
2017, c.25, s.32001, c.14, s.4; 2017, c.25, s.4; 2022, c.44, s.6
A report under subsection (1) shall be published in the Royal Gazette within one month after the report is accepted by Executive Council.
1992, c.73, s.2; 2009, c.2, s.8; 2013, c.11, s.13
There is established a fund to be known as the Land Management Fund.
The Minister shall be the custodian of the Land Management Fund and the Land Management Fund shall be held in trust by the Minister.
The Land Management Fund shall be held for the purposes of this section in a separate account in the Consolidated Fund.
The purposes for the Land Management Fund are
(a) with the approval of the Lieutenant-Governor in Council, to acquire land and lands and buildings and other structures,
(b) to maintain properties that have been designated by the Minister for management under the Fund, and
(c) to develop and maintain a land inventory system.
Payments for the purposes of subsection (4) shall be a charge on and payable out of the Land Management Fund.
The following are payable out of the Land Management Fund:
(a) costs associated with acquiring and selling land and lands and buildings and other structures; and
(b) expenses prescribed by regulation relating to the administration of the Land Management Fund.
The Minister may, with money from the Fund and with the approval of the Lieutenant-Governor in Council, contract for the purchase of land and lands and buildings and other structures.
Land and lands and buildings and other structures acquired under this section are public works that shall be vested in the Crown in right of the Province under the general administration, management, direction and control of the Minister.
R.S.1973, c.P-28, s.13; 1983, c.72, s.1
The area described in Schedule A is declared to be a public works development area.
An owner who intends to sell land within a public works development area shall offer for sale the land to the Minister, in writing, and the offer for sale shall contain full particulars of the proposed sale.
Within 90 days of the receipt of an offer under subsection (3) the Minister
(a) may enter into an Agreement of Sale with the owner respecting the land, or
(b) shall indicate to the owner in writing that the Minister does not wish to purchase the land.
The Minister and the owner may by agreement extend the 90-day period referred to in subsection (4).
If the Minister does not act in accordance with subsection (4) by the end of the 90-day period specified in that subsection or as extended under subsection (5), or if the Minister indicates to the owner that the Minister does not intend to purchase the land, the owner may sell the land to any purchaser within a period of not more than two years after the date of the offer to the Minister under subsection (3).
Nothing in this section shall diminish or detract from the right of the Minister to expropriate land at any time according to the Expropriation Act or to dispose of land according to section 25 of this Act.
Subject to subsection (11), if land within a public works development area is expropriated, the owner shall be compensated for that land as though the land were not in a public works development area.
Unless the Minister gives his or her written consent to the owner of land in a public works development area, if there is involved a cost in excess of $5,000 in any year to the land, the owner shall not
(a) construct any building or improvement on the land,
(b) make any addition or alteration to a building on the land, or
(c) renovate any building or improvement on the land.
Nothing in subsection (10) prohibits an owner from making ordinary repairs to his or her buildings.
If an owner contravenes subsection (10), nothing shall be allowed to the owner for any increase in value resulting from the contravention.
The Minister shall cause to be registered in the proper registry office a notice to the persons who appear from the records of that registry office to be the owners of the lands in a public works development area at the time the lands became affected by this section, that the lands are so affected.
Where lands formerly within a public works development area are no longer within that area, the Minister shall cause to be registered in the proper registry office a notice to all persons appearing on the records of that registry office to be the owners of those lands that those lands are no longer within the public works development area.
R.S.1973, c.P-28, ss.2(1); 2009, c.2, s.2; 2013, c.11, s.2; 2022, c.44, s.7
The Minister is responsible for and has the general administration, management, direction and control of
(a) public works,
(b) the work carried out on public works,
(c) all money allotted for the acquisition of public works and the work carried out on public works,
(d) lands, buildings and other structures leased under section 11,
(e) the work carried out on land, buildings and other structures leased under section 11, and
(f) all money allotted for the leasing of land, buildings and other structures under section 11.
1992, c.73, s.2; 2009, c.1, s.3; 2013, c.11, s.14; 2020, c.29, s.113
The Lieutenant-Governor in Council may make regulations
(a) prescribing expenses relating to the administration of the Land Management Fund that are payable out of the Land Management Fund;
(c) authorizing the Minister to revoke a designation made under paragraph (b);
(d) exempting the lands, buildings and other structures referred to in paragraph (b), or any portion of them, from the application of the Mechanics’ Lien Act, chapter M-6 of the Revised Statutes, 1973.
A regulation made under paragraph (1)(b), (c) or (d) respecting the modifications to the Petitcodiac River Causeway to restore the passage of fish and any work related to the modifications to the Petitcodiac River Causeway to restore the passage of fish may be made retroactive to any date, including a date before November 29, 2001.