these regulations (N.S. Reg. 302/2009) (just regulations regs hdbcbylaw.htm)
N.S. Reg. 302/2009
Nova Scotia — Regulations
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Part II .
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Halifax-Dartmouth Bridge Commission By-law No. 2007-1
made under subsection 7(2) of the
Halifax-Dartmouth Bridge Commission Act
S.N.S. 2005, c. 7
O.I.C. 2009-423 (effective October 6, 2009), N.S. Reg. 302/2009
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Definitions
Part One - Governance
Meetings
Committees
Annual Budgets
Execution of Documents
General Manager and CEO
Issue of Authorizations and Permits
Recording of Proceedings
Books and Records; Seal
Protection and Indemnity
Part Two - Use of Commission Property
Definitions
1 In this By-law unless the context otherwise requires, words defined in the Act have the
meaning therein given to them and:
“Act” means the Halifax-Dartmouth Bridge Commission Act , being
Chapter 7 of
the Statutes of Nova Scotia, 2005, as amended from time to time;
“authorized” means granted permission, either orally or in writing, to act in a
manner contrary to a provision of Part Two of this By-law by the General
Manager, a Traffic Officer or a person designated to do so by the General
Manager, and for greater certainty a person to whom a Permit has been issued has
been authorized to take the actions described in the Permit;
“Commission Property” means the real property and structures which from time to
time are either owned by the Commission or by agreement with Halifax Regional
Municipality or the Province are maintained or controlled by the Commission,
including those located at the east and west end of each Bridge, and for greater
certainty include:
(
i) in respect of the Angus L. Macdonald Bridge:
(
A) the bikeway entrance-exit ramp adjacent to the east-bound exit
road leading to Barrington Street, and
(
B) the Dartmouth-bound entrance ramp from Barrington Street,
and
(ii) in respect of the A. Murray MacKay Bridge:
(
A) in Halifax : the approach ramps from their respective junctions
with Barrington, Robie and Windsor Streets, and
(
B) in Dartmouth : Highway 111 to the eastern boundary of the
Victoria Road interchange and the entire area occupied by the
Victoria Road interchange as defined by the Nova Scotia
Department of Transportation and Infrastructure Renewal;
“Chair” means the Chair of the Commission appointed in accordance with the Act;
“Emergency Telecommunication Facility” means any telecommunication
equipment installed by the Commission on a Bridge or other property of the
Commission for the purpose of permitting users of the Bridge to report to and
communicate with the Commission in the event that an accident or other
emergency occurs;
“General Manager” means the employee of the Commission from time to time
appointed by the Commission to be the General Manager and Chief Executive
Officer of the Commission and includes a person designated to act as such in the
absence or temporary inability to act of the General Manager;
“Member” means a member of the Commission appointed in accordance with the
Act and includes the Chair and Vice-chair of the Commission;
“Officers” means the Chair, the Vice-chair and the General Manager of the
Commission;
“Permit” means a written document concerning travel on a Bridge issued on behalf
of the Commission by the General Manager or a person designated by him to do
so;
“Roller Skates” includes traditional roller skates, in-line roller skates, Rollerblades,
roller skis and similar devices, other than prosthetic devices, equipped with rollers,
wheels or other friction reducing contrivance and intended to be worn or affixed to
the person;
“Skateboard” includes any device, other than a wheelchair, a baby carriage or an
infant stroller, equipped with rollers, wheels or other friction reducing contrivance
and intended to be ridden upon without the same being worn or affixed to the
person;
“telecommunication” means any transmission, emission or reception of signs,
signals, writing, images or sounds or intelligence of any nature by wire, radio,
visual or other electromagnetic system;
“Traffic Officer” means a police officer of Halifax Regional Municipality, a
member of the Royal Canadian Mounted Police, or any person appointed by the
Commission as a traffic officer; and
“Vice-chair” means the Vice-chair of the Commission appointed in accordance
with the Act.
Part One - Governance
Meetings
2 The Commission shall meet from time to time as required for the transaction of business.
3 Whenever so directed by the Chair, the General Manager shall call a meeting of the
Commission by giving to each Member written notice of the time and place of such
meeting at least twenty-four hours before the meeting is to be held. The General
Manager shall send [a] copy of the agenda of the meeting with such notice.
4 The General Manager shall call a meeting of the Commission in the manner prescribed
Section 3 of this By-law whenever requested to do so by at least five Members.
5 The Notice referred to in
Section 3 of this By-law may be waived and the Commission
may, with the consent of the Members, meet and exercise any of its powers or authority
without the notice referred to in
Section 3 having been given. Such waiver and consent
may be given by a Member who does not attend such meeting. Such consent shall be
recorded by the signature of each Member to one or more counterparts of the minutes of
such meeting and such signature shall be conclusive evidence that each Member so
signing has waived notice as herein provided and has consented to the transaction of the
business and matters referred to in the minutes to which such signature is appended.
6 A Member may, if all the Members present consent, participate in a meeting of the
Commission or of a committee of the Commission by means of a telephonic, electronic
or other communication facility that permits all participants to communicate adequately
with each other during the meeting. A Member participating in such a meeting by such
means is deemed for the purposes of this By-law to be personally present at that meeting.
7 Five Members personally present shall constitute a quorum for the transaction of
business at a meeting of the Commission.
8 A resolution in writing, signed by all the Members entitled to vote on that resolution at a
meeting of the Commission or committee of the Commission, is as valid as if it had been
passed at a meeting of the Commission or committee of the Commission. A copy of
every resolution referred to in the preceding sentence shall be kept with the minutes of
the proceedings of the Commission or committee of the Commission.
9 Except as provided by
Section 10 of this By-law, the Chair shall preside at all meetings
of the Commission.
10 If the Chair is ill, absent or for any other reason unable to act, the Vice-chair shall preside
at meetings of the Commission; if both the Chair and Vice-chair are ill, absent or for any
other reason unable to act, the Members present at any meeting may elect a temporary
Chair for such meeting.
11 Except as otherwise provided by the Act or this By-law, the rules of order and procedure
set out in the book Bourinot’s Rules of Order shall govern the conduct of meetings of the
Commission and any committee established by the Commission, provided:
(
a) that the Commission shall be considered as a committee of the whole; and
(
b) at any meeting of the Commission only items of business shown on the
agenda shall be dealt with unless otherwise resolved by a majority of all
Members of the Commission.
12 In respect of any motion coming before a meeting of the Commission, each Member,
except the Chair, shall have one vote.
13 In the event of a tie the Chair shall have the deciding vote.
14 Unless a ballot is demanded, an entry in the minutes of a meeting to the effect that the
Chair of the meeting declared a resolution to be carried or defeated is, in the absence of
evidence to the contrary, proof of the fact without proof of the number or proportion of
the votes recorded in favour of or against the resolution.
Committees
(1) The Commission from time to time may by resolution establish committees,
determine their respective mandates and number and terms of service of members
thereof and appoint their respective chairs (or provide that a committee shall
appoint its own chair), and may similarly terminate any committee so established
by it.
(2) Where the Commission has established a committee and a vacancy exists in the
membership, the Chair shall make a recommendation to the Commission as to the
identities of the Members (and non-Members where the committee includes one or
more persons who are not Members of the Commission) who should be appointed
to such committee and the Commission shall have regard to the Chair’s
recommendation in deciding who to appoint to the committee.
(3) The Chair and the Vice-chair shall each be, ex-officio , a member of all
committees.
(4) The quorum for a meeting of any Committee shall be a simple majority of the
members of that Committee.
(5) Meetings of any Committee shall be held at such times and places as may be
decided by the chair of that Committee.
Annual Budgets
16 The Commission shall each year adopt an operating budget and a capital budget for the
ensuing fiscal year, and may from time to time vary either of such budgets as
circumstances may require. It is the responsibility of the General Manager to operate the
activities of the Commission in accordance with each such budget and he shall have
authority to do so.
Execution of Documents
(1) Except as otherwise provided in the Act, the Commission may by resolution from
time to time determine who shall be entitled to sign on its behalf bills, notes,
receipts, acceptances, endorsements, cheques, releases, contracts and documents.
(2) Such resolution may be general or may be restricted to certain of the documents
mentioned in paragraph (
a) hereof or may be restricted as to the period for which it
will remain in force.
General Manager and CEO
18 The Commission shall from time to time appoint an employee of the Commission
to be General Manager and Chief Executive Officer of the Commission and may
determine the period for which he is to hold office; the General Manager shall
have general supervision of the activities of the Commission and shall perform
such duties as may be assigned to him by the Commission from time to time.
(1) Whenever the General Manager anticipates that he will be absent from Nova
Scotia or for any reason temporarily unable to perform the functions of his office,
he shall, by notice to the Chair, designate a person to act as General Manager
during such absence or inability.
(2) If the General Manager is absent from Nova Scotia or for any reason temporarily
unable to perform the functions of his office, and he has not designated a person to
act as General Manager during such absence or inability, or such designated person
is also absent from Nova Scotia or for any reason unable to perform the functions
of the office, the Chair shall designate a person to act as General Manager during
such absence or inability. Within three months of any such designation, the Chair
shall report such designation to the Commission, which shall confirm the
designation, or designate another person as acting General Manager, or appoint a
new General Manager.
Issue of Authorizations and Permits
20 The General Manager and persons from time to time designated by him to do so may
(
a) authorize a person to act in a manner contrary to a provision of Part Two of
these By-laws, or
(
b) issue a Permit.
Recording of Proceedings
21 The General Manager shall arrange for recording of minutes of all meetings of the
Commission and each committee established by the Commission; the person from time
to time responsible for such recording shall report to and be under the authority of the
Chair.
Books and Records; Seal
22 The General Manager shall arrange for the safe custody of the books and records of the
Commission and of its corporate seal.
Protection and Indemnity
23 Every Member of the Commission and its duly appointed Officers shall be indemnified
by the Commission against, and it shall be the duty of the Commission out of the funds
of the Commission to pay, all costs, losses and expenses which any such Member or
Officer may incur or become liable to by reason of any contract entered into, or act or
thing done by such Member or Officer, or in any way in the discharge of their duties,
including travelling expenses.
24 The Commission has authority to purchase insurance in respect of the indemnification of
its Members and its duly appointed Officers as herein set out.
25 No Member or Officer of the Commission shall be liable for the acts, receipts, neglect or
defaults of any other Member or for joining in any receipt or other act for conformity, or
for any loss or expense happening to the Commission through the insufficiency or
deficiency of title to any property acquired by order of the Members for or on behalf of
the Commission or through the insufficiency or deficiency of any security in or upon
which any of the monies of the Commission shall be invested or for any loss or damage
arising from the bankruptcy, insolvency or tortious act of any person with whom any
money, securities or effects shall be deposited, or for any loss occasioned by error of
judgement or oversight on their part, or for any other loss, damage or misfortune
whatever which shall happen in the execution of the duties of their office or in relation
thereto unless same happened through their own dishonesty.
Part Two - Use of Commission Property
26 Except for a person authorized by the Commission:
(
a) No person upon Roller Skates or a Skateboard shall use or enter upon any
portion of a Bridge or any other Commission Property;
(
b) No person shall park or leave a vehicle upon Commission Property;
(
c) No person shall damage Commission Property or any part thereof;
(
d) No person shall throw from or deposit or leave on Commission Property
any material, substance or thing;
(
e) No person shall throw or otherwise deposit or cause to be thrown or
deposited into a fare hopper anything other than Canadian 25 cent, 50 cent,
$1.00 or $2.00 coins;
(
f) No person shall climb or travel upon any portion of Commission Property
other than the vehicular roadbed, or the sidewalk for pedestrians or the
bicycle lane for cyclists;
(
g) Unless directed so to do by a Traffic Officer or by a traffic signal, no person
shall wilfully drive or operate a vehicle upon a Bridge:
(
i) at any time at a speed slower than twenty (20) kilometres per hour,
(ii) on any day that is not a Saturday, Sunday or public holiday in
Halifax Regional Municipality, between the hours of 6:00 a.m. and
9:00 a.m. and 3:00 p.m. and 6:00 p.m., at a speed slower than thirty
(30) kilometres per hour;
(
h) No person shall ride a bicycle on a Bridge other than on the bike lane on the
Angus L. Macdonald Bridge;
(
i) No person shall walk a bicycle on the bike lane of the Angus L. Macdonald
Bridge unless it is unsafe to do otherwise;
(
j) No person shall operate a vehicle, other than a bicycle, on the bike lane of
the Angus L. Macdonald Bridge;
(
k) No pedestrian shall use or enter upon any portion of the Angus L.
Macdonald Bridge other than the sidewalk;
(
l) No person shall use or enter upon any portion of the A. Murray MacKay
Bridge unless he or she is a driver of or a passenger in a motor vehicle;
(
m) No person shall drive a motor truck or other vehicle designed to carry
freight or merchandise that has a gross vehicle weight of more than 3200
kilograms on the Angus L. Macdonald Bridge;
(
n) No person shall operate upon the A. Murray MacKay Bridge a vehicle or
combination of vehicles, either unladen or with load that
(
i) exceeds the (
x) axle weight, (
y) gross vehicle weight or (
z) maximum weight for an axle assembly permitted on October 31,
2008 for vehicles operating on a
Schedule “C” highway specified in
Schedule “A” to the Weights and Dimensions of Vehicles
Regulations (the “Regulations”) under
Section 191 of the Motor
Vehicle Act (Nova Scotia); or
(ii) otherwise does not comply with the Regulations.
For certainty, words which are defined in the Regulations shall have the
same meaning in this
section as they respectively are given in the
Regulations; and
(
o) No person shall use any Emergency Telecommunication Facility except for
the purpose of reporting to the Commission the occurrence of an accident or
the existence of an emergency or otherwise communicating with the
Commission in respect of such an accident or emergency.
27 Without a Permit:
(
a) No person shall ride a horse or other animal or drive a vehicle drawn by a
horse or other animal upon a Bridge;
(
b) No person shall drive a vehicle upon a Bridge which has a total outside
width, including any load thereon, greater than 2.6 meters;
(
c) No person shall drive a road roller, tracked equipment or similar heavy
equipment upon a Bridge;
(
d) No person shall bring upon a Bridge any dynamite or other explosive or
dangerous material;
(
e) No person shall
(
i) at any time on the Angus L. Macdonald Bridge or
(ii) between the hours of 6:00 a.m. and 7:00 p.m. on the A. Murray
MacKay Bridge,
drive a crane, backhoe, wheel loader, grader, asphalt spreader, forklift,
tractor or other vehicle which is not a car or a truck, that the Commission in
its discretion believes likely to impede the normal flow of traffic.
Commission’s
schedule of rates, tolls and charges, and may designate the Officers or
employees of the Commission who may issue a Permit. The Commission may prescribe
the form of Permit to be used by the Commission.
29 The Commission has authority to establish policies for the guidance of its staff in
exercising the authority of the Commission under
Section 26 of the Act to suspend all
traffic or restrict traffic or classes of traffic upon a Bridge and stop or prevent violations
of the rules, regulations and By-laws of the Commission.
30 This By-law comes into force on the date that it is approved by the Governor in Council,
whereupon all By-laws heretofore adopted by the Commission and approved by the
Governor in Council are repealed.
Legislative History
Reference Tables
Halifax-Dartmouth Bridge Commission By-law No.
2007-1
N.S. Reg.
302/2009
Halifax-Dartmouth Bridge Commission Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Halifax-Dartmouth Bridge Commission By-law No. 2007-1 made
under the Halifax-Dartmouth Bridge Commission Act includes
all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
302/2009
Oct 6, 2009
date specified
Oct 23, 2009
The following regulations are not
yet in force and are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs. = repealed and substituted
Provision affected
How affected
..........................................................
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
Note
Effective
date
The reference to the Department of Transportation and
Infrastructure Renewal in s. 1(ii) should be read as a reference to the
Department of Transportation and Active Transit in accordance with O.I.C.
2021-56 under the Public Service Act ,
R.S.N.S. 1989, c. 376.
Feb 23, 2021
The reference to the Department of Transportation and
Infrastructure Renewal in s. 1(ii) should be read as a reference to the
Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c.
Aug 31, 2021
The provisions in
Section 15 of the original text that
were lettered as clauses (
a) to (
e) have been redesignated as subsections
(1) to (5) to correct the structure of the
Section for the purposes of the
consolidation.
The provisions in
Section 17 of the original text that
were lettered as clauses (
a) and (
b) have been redesignated as subsections
(1) and (2) to correct the structure of the
Section for the purposes of the
consolidation.
The provisions in
Section 19 of the original text that
were lettered as clauses (
a) and (
b) have been redesignated as subsections
(1) and (2) to correct the structure of the
Section for the purposes of the
consolidation.
The provisions in clause 26(
g) of the original text
that were lettered as paragraphs (
A) and (
B) have been redesignated as
subclauses (
i) and (ii) to correct the structure of the clause for the
purposes of the consolidation.
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.