2020 Bill 43 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 43 FINA NCING ALBERTA’S STRATEGIC TRANSPORTATION ACT THE MINISTER OF TRANSPORTATION Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 43 BILL 43 2020 FINANCING ALBERTA’S STRATEGIC TRANSPORTATION ACT ( A s s e n t e d t o , 2 0 2 0 ) Table of Contents 1

Definitions 2 Designating a toll highway 3 Establishing framework 4 Entering agreements 5 Establishing tolls 6 Payment of toll 7 Exemption from toll 8 Tolls, other fees and interest r eceived by a concessionaire 9 Registrar 10 Suspension of toll 11 Termination of agreement 12 Enforcement of tolls 13 Enforcement by peace officer 14 Rules of evidence 15 Crown not liable for concessionaire’s acts 16 Offences 17 Regulations

Preamble

WHEREAS highway infrastructure is crucial to support the vitality of Alberta’s society and economy;

WHEREAS demand for highway infrastructure expansion is growing due to population increases and the need to support economic recovery and development;

WHEREAS the Government of Alberta has limited funding available for the construction of new and expanded highway infrastructure, and the use of tolling will allow new or expanded highway infrastructure projects to proceed where they otherwise may not;

WHEREAS existing highway infrastructure should not be considered for designation as toll highways, unless expansion that creates new infrastructure is planned to occur;

WHEREAS Albertans should have a non-toll alternative route to reach their destination;

WHEREAS Albertans should be engaged prior to the designation of a highway as a toll highway;

WHEREAS tolling should be suspended when it is in the public interest, including in emergencies;

WHEREAS revenue collected on a toll highway should only be used to finance that toll highway and related costs, and tolling should stop once capital costs have been recovered; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “concessionaire” means a person who has entered into an agreement with the Minister under

section 4; (b) “electronic toll system” means all the equipment, i ncluding the toll devices prescribed by the regulations, use d to electronically determine the amount of toll owed and who is required to pay the toll; (c) “expanded highway infrastructure” means highway infra structure that is reconfigured to increase capacity, i ncluding by adding lanes or strengthening or widening a bri dge;

3 (d) “highway” means land that is authorized to be used or sur veyed for use as a public highway and includes any bri dges forming part of a highway and any structure i ncidental to the public highway; (e) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister respon sible for this Act; (f) “motor vehicle document” means a motor vehicle document as defined in the Traffic Safety Act; (g) “new highway infrastructure” means highway infrastructure that is constructed where highway infrastructure did not previously exist; (h) “non-toll alternative route” means any alternate route that a pe rson operating a vehicle could take to reach the person’s destination without paying a toll required to be paid under this Act; (i) “owner” means the pers on who owns a vehicle and in cludes any person renting a vehicle or having the exclusi ve use of a vehicle under a lease that has a term of m ore than 30 days or otherwise having the exclusive use of a vehicle for a period of more than 30 days; (j) “peace officer” means a police officer under the Police Act or a peace officer a ppointed under the Peace Officer Act for the purposes of this Act; (k) “Registrar” means the Registrar of Motor Vehicle Services appointed under

section 2 of the Traffic Safety Act and includes any person who, on the directions of the Registrar, is acting on behalf of the Registrar of Motor Vehicle Services; (l) “toll” means the fee that must be paid to operate a vehicle on a toll highway; (m) “toll device” means an elect ronic device that is part of an electronic t oll system as prescribed in the regulations; (n) “toll highway” means highway infrastructure or proposed highway infrastructure or a portion of highway

4 infrastructure or proposed highway infrastructure designated as a toll highway under

section 2; (o) “vehicle” means a device in, on or by which a person or th ing may be transported or drawn on a highway and includes a combination of vehicles but does not include a mobility aid . Designating a toll highway 2(1) Subject to subsections (2) and (3), the Lieutenant Governor in Council may, by order, designate (

a) proposed new highway inf rastructure, new highway in frastructure or a portion thereof, or (

b) proposed expanded highway infrastructure, expanded highway infrastructure or a portion thereof, as a to ll highway to which this Act applies.

(2) The Lieutenant Governor in Council shall not designate proposed new highway infrastructure, new highway infrastructure or a portion thereof, or proposed expanded highway infrastructure, expa nded highway infrastructure or a portion thereof, as a toll highway unless a non-toll alternative route exists or unless, in the opi nion of the Lieutenant Governor in Council, stakeholder engagement supports proceeding without a non-toll alternative ro ute.

(3) The Lieutenant Governor in Council may not designate proposed new highway infrastructure, new highway infrastructure or a portion thereof, or proposed expanded highway infrastructure, expa nded highway infrastructure or a portion thereof, as a toll highway unless stakeholder engagement has occurred in accordance with subsection (4). (4 ) Prior to the Lieutenant Governor in Council designating pr oposed new highway infrastructure, new highway infrastructure or a portion thereof, or proposed expanded highway infrastructure, expa nded highway infrastructure or a portion thereof, as a toll highway, the Minister must publish a notice on the public website of the Government of Alberta that (

a) states that a toll highway is being considered, and

5 (

b) includes a description of the proposed toll highway, a state ment specifying the time period during which st akeholders may provide input and a statement specifying t he manner by which input may be provided.

(5) The Minister must accept input for the time period and in the manner specified in the notice published under subsection (4). (6 ) For g reater certainty, the Lieutenant Governor in Council shall not designate existing highway infrastructure that is not proposed expa nded highway infrastructure, expanded highway infrastructure o r a portion thereof as a toll highway. Establishing framework 3 The Minister may, in accordance with this Act, establish, charge, collect and enforce the payment of a toll, other fees and interest on a toll or other fee with respect to the operation of a vehicle on a toll highway.

Entering agreements 4 Subject to the regulations, the Minister may enter into an agreement with any person authorizing the person (

a) to design, build, finance, maintain or operate a toll highway, (

b) to establish, charge, collect or enforce the payment of a toll, other fees or interest on a toll or other fee with respect to the operation of a vehicle on a toll highway, or (

c) to perform additional activities in relation to designing, building, financing, maintaining or operating a toll hi ghway, or in relation to the establishment, charging, collection or enforcement of a toll, other fee or interest, as specified in t he agreement. Establishing tolls 5(1) Subject to subsection (2), the Minister, or where authorized by the Minister, a concessionaire, may for the purpose of recovering the following costs charge a toll in accordance with the regulations:

6 (

a) capital costs for the constru ction of a toll highway, and infrastructure and equipment used for the collection of tolls on a toll highway, including the cost of re-aligning associated highways and local road connections, t he p urchase of land and right of ways, relocation of utilities, and the c ost of all associated infrastructure including b uildings, roadways, drainage facilities, transportation and storage facilities, communications facilities and other fi xed devices including lighting and traffic control facilities; (

b) the cost of operating and maintaining a toll highway; (

c) the cost of rehabilitating a toll highway; (

d) the cost of toll collection, administration and enforcement, and the cost of operation, maintenance and distribution of electronic toll equipment including toll devices; (

e) financing costs; (

f) all related costs specified in the regulations. (2 ) No toll or other fee may be charged for vehicular use of a toll hi ghway after the costs referred to in subsection (1)(

a) for that toll highway ha ve been recovered. Payment of toll 6(1) A driver who operates a vehicle on a toll highway may be required to pay a toll applicable to the vehicle in accordance with the regulations.

(2) A person who has not paid a toll as required by this Act or the regu lations may not operate a vehicle on a toll highway. (3 ) Th e owner of a vehicle that is operated on a toll highway may be required to pay a toll applicable to the vehicle in accordance wi th the regulations unless (

a) the owner was not driving the vehicle, and (

b) no other person was driving the vehicle with the owner’s express or implied consent.

7 Exemption from toll 7(1) The Lieutenant Governor in Council may grant exemptions from a requirement to pay a toll, other fee or interest in the regulations.

(2) For greater certainty, an exemption from a requirement to pay a toll, other fee or interest applies despite any authorization held by a concessionaire to charge a toll, other fee or interest. Tolls, other fees and interest received by a concessionaire 8 If a toll, other fee or interest is collected by or paid to a concessionaire, ownership of those tolls, other fees or interest shall be in accordance with the regulations.

Registrar 9(1) If a person has not paid a toll, other fee, interest, fine or penalty as required by this Act or the regulations, the Minister, or a concessionaire that has been authorized to collect a toll, other fee or interest, may notify the Registrar of the failure to pay.

(2) Subject to the re gulations, if the Registrar receives a notice un der subsection (1), the Registrar may (

a) in respect of that person, refuse to issue, renew or ot herwise deal with any motor vehicle document or other document until the toll, other fee, interest, fine or penalty is paid, and (

b) refuse to register a vehicle in the name of the new owner if the ownership of a registered vehicle passes directly or t hrough intermediary owners from the person who has not paid the toll, other fee, interest, fine or penalty to a person described by the regulations.

(3) If a notice has been given to the Registrar under subsection (1) and the toll, other fee, interest, fine or penalty is subsequently paid, the Minister or concessionaire shall as soon as is practicable notify th e Registrar of the payment and the Registrar will treat the person as if the notice under subsection (1) had not been received. (4 ) The Registrar may provide the Minister, or a concessionaire that has been authorized to collect a toll, other fee or interest, with pers onal driving and motor vehicle information as defined in

section 8 of the Traffic Safety Act for the purposes of allowing the

8 Minister or concessionaire to administer this Act and the regulations.

(5) The Registrar may in writing authorize an employee of the Go vernment of Alberta or any person or class of person designated b y the Minister to do any act or thing or perform any function that th e Registrar is empowered to do by this section. Suspension of toll 10(1) The Minister may temporarily or permanently suspend the charging of a toll where the Minister considers it to be in the public interest to do so.

(2) For g reater certainty, if the Minister suspends the charging of a t oll, the suspension applies despite any authorization held by a conce ssionaire to charge a toll. Termination of agreement 11 The Minister may amend or terminate an agreement entered into under

section 4 in any of the following circumstances: (

a) the Minister believes that the amendment or termination is necessary to protect the health or safety of a person using or near the toll highway to which the agreement relates; (

b) the Minister believes that there is an urgent public need to am end or terminate the agreement; (

c) the Minister believes that the amendment or termination is necessary to (

i) protect and preserve the integrity of the toll highway to which the agreement relates, or (ii) operate the toll highway to which the agreement relates in the most efficient and effective manner; (

d) the Minister believes that the agreement has resulted in an u nreasonable impediment to the Minister’s ability to exercise one or more of the Minister’s rights, powers or privileges under this Act; (

e) the holder of the agreement has breached any of the terms an d conditions on which the agreement was granted.

9 Enforcement of tolls 12 The Minister, a concessionaire that has been authorized to enforce the payment of a toll, fee or interest, a peace officer or other person may enforce the payment of a toll, fee or interest in accordance with the regulations. Enforcement by peace officer 13(1) For the purpose of administering and enforcing this Act or the regulations, a peace officer may (

a) signal or direct a driver of a vehicle to stop the vehicle , (

b) request information from the driver of the vehicle, and (

c) inspect any device, document or record required to be carried in t he vehicle under the regulations.

(2) When signaled or directe d to stop by a peace officer who is readily ide ntifiable as a peace officer, a driver of a vehicle shall (

a) forthwith bring the vehicle to a stop, (

b) forthwith furnish to the peace officer any information respect ing the driver or vehicle that the peace officer req uires, (

c) forthwith furnish to the peace officer any device, doc ument or record requested under subsection (1), and (

d) remain stopped until permitted by the peace officer to leave. Rules of evidence 14(1) Photographic or electronic evidence of the use of any portion of a toll highway is proof in the absence of evidence to the contrary of the obligation to pay a toll in accordance with the regulations.

(2) The Lieutenant Governor in Council may, by regulation, est ablish other evidentiary rules to be used in proceedings under which a person is charged with failing to comply with this Act or the regulations or in civil or administrative proceedings to enforce pay ment of a toll required to be paid under this Act.

10 Crown not liable for concessionaire’s acts 15(1) No action or other proceeding shall be instituted against the Crown, the Minister, the Registrar or any other official of or employee of the Crown for any act or omission of (

a) a concessionaire, or (

b) the directors, members, o fficers, employees, agents or independent contractors of a concessionaire.

(2) A concessionaire is not, for any purposes, a Crown agency or an agent of the Crown and shall not hold itself out as such. Offences 16(1) A person is guilty of an offence who (

a) fails to pay a toll required to be paid under

section 5 in accordance with the regulations, (

b) fails to comply with

section 13(2), (

c) engages in an activity or uses any device or material for th e purpose of evading, obstructing or interfering with the operation of an electronic toll system, (

d) tampers with or interferes with an electronic toll system or ot her systems, devices or equipment used for payment, col lection or enforcement of tolls, or (

e) fails to comply with a regulation under the Act if the regu lation specifies that it is an offence to contravene or fail to comply with the regulation.

(2) A p erson who is guilty of an offence referred to in subsection (1) is liab le to a fine or penalty as prescribed by regulation or a t erm of imprisonment of not more than 6 months or both.

(3) Desp ite subsection (2), the owner of a vehicle who is guilty of an offence under subsection (1)(

a) is not liable to imprisonment in respect of that offence or in respect of a default of a fine imposed in respect of that offence if the owner was not the driver of the vehi cle.

11 Regulations 17 The Lieutenant Governor in Council may make regulations (

a) establishing toll amounts or a formula for calculating tol ls t hat may be charged for vehicular use of a toll highway, which may differ in relation to (

i) the toll highway, (ii) the type, class, weight or configuration of t he vehi cle, (iii) the time, date or year, and (iv) the method and frequency of payment of the toll; (

b) authorizing a concessionaire to establish toll amounts or a fo rmula for calculating tolls that may be charged for vehicular use of a toll highway, which may differ in relation to (

i) the toll highway, (ii) the type, class, weight or configuration of t he vehi cle, (iii) the time, date or year, and (iv) the method and frequency of payment of the toll; (

c) where a concessionaire is authorized to establi sh toll am ounts, establishing minimum and maximum tolls and other restrictions on the establishment of tolls that may be char ged, which may differ in relation to (

i) the toll highway, (ii) the type, class, weight or configuration of t he vehi cle, (iii) the time, date or year, and (iv) the method and frequency of payment of the toll; (

d) prescribing where on a toll highway the requirement to pay a toll will apply, which may include all or any portion or lane of the toll highway;

12 (

e) respecting toll payment, collection a nd enforcement, i ncluding respecting (

i) who is required to pay a toll, (ii) the manner of payment of toll s, (iii) collection and enforcement by a concessionaire or ot her person, (iv) notices and service of documents, (

v) other fees or interest that may be charged in relation to the collection and enforcement of tolls, (vi) evidence of the use of a toll highway and evidence and evidentiary rules to be used in proceedings under whi ch a person is charged with failing to comply with this Act or the regulations or in civil or adm inistrative proceedings to enforce payment of a toll required to be paid under this Act, (vii) use of and verification or certification of systems , devi ces and equipment used for payment, collection o r enforcement of tolls, and (viii) refunds of tolls and a process for dispute, review or appeal; (

f) specifying costs that fall within the scope of the costs refe rred to in

section 5(1)(

a) through (e); (

g) specifying other costs that the Minister may charge a toll to recover under

section 5(1)(f); (

h) specifying how tolls that are paid shall be attributed to the costs referred to in

section 5(1) for the purpose of determining whether the costs referred to in

section 5( 1)(

a) have been recovered; (

i) prescribing fees or interes t to be charged in respect of any function, service, application, review or appeal under this Act or the regulations ; (

j) respecting the ownership of any toll, other fee or interes t collected by or paid to a concessionaire;

13 (

k) describing a person for the purposes of

section 9(2)(b); (

l) respecting exemptions from the requirement to pay tolls; (

m) governing any matters with respect to provision to the Registrar of information about unpaid tolls, other fees, interest, fines or penalties levied under this Act or the regulations; (

n) governing any matters with respect to the provision of personal driving and motor vehicle information by the Registrar; (

o) prescribing any devices, documents or records required t o be ca rried in vehicles using a toll highway for the purposes of toll collection and enforcement; (

p) prescribing and respecting toll devices that may be used t o el ectronically determine the amount of a toll and who o wes payment of the toll; (

q) respecting the enforcement of a toll, other fee or interest by the Minister, a concessionaire or another person; (

r) specifying that it is an offence to contravene or fail to comply with the regulation; (

s) prescribing an amount of not more than $2000 as a fine o r penal ty for an offence under the Act; (

t) respecting the collection, use and disclosure of information, including personal information as defined by the Freedom of Information and Protection of Privacy Act, for the purposes of this Act; (

u) defining any word or expression used but not defined in th is Act; (

v) respecting any other matter or thing necessary t o im plement, collect or enforce tolls or to carry out the in tent of this Act.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2020 (30th, 2nd) Bill 43, Financing Alberta's Strategic Transportation Act