Section 1 BEFORE amended by 2004-72-19, effective October 21, 2004 (Royal Assent).
"concessionaire" means a person who, under a valid and subsisting concession agreement, holds the interests, rights and obligations that the minister has, by that concession agreement, agreed to transfer, grant or impose;
Section 1 (a) of definition of "highway" BEFORE amended by 2004-44-156, effective December 31, 2004 (BC Reg 547/2004).
(a) subject to paragraph (c), every highway within the meaning of the Highway Act,
Section 1 definition of "highway", paragraph (c) (iii) BEFORE amended by 2007-41-101, effective November 30, 2007 (BC Reg 399/2007).
(iii) part of the regional transportation system as defined in the Greater Vancouver Transportation Authority Act;
Section 1 definition of "billing organization" BEFORE amended by 2008-42-126(a), effective June 25, 2008 (BC Reg 157/2008).
"billing organization" means the organization referred to in section 4 (a);
Section 1 definitions "classified vehicle" and "inspector" were added by 2008-42-126(b), effective June 25, 2008 (BC Reg 157/2008).
Section 1 definition "agent" BEFORE amended by 2008-19-1(a), effective June 25, 2008 (BC Reg 158/2008).
"agent", when used in relation to the government, does not include a concessionaire or the billing organization or any person employed by or under contract to the concessionaire or billing organization;
Section 1 definition "concession agreement" (part) BEFORE amended by 2008-19-1(b), effective June 25, 2008 (BC Reg 158/2008).
"concession agreement" means an agreement referred to in section 2 (1), and includes all related agreements that are, in the agreement referred to in section 2 (1), specified as forming part of the concession agreement, and,
Section 1 definition "concessionaire" BEFORE amended by 2008-19-1(c), effective June 25, 2008 (BC Reg 158/2008).
"concessionaire" means a person who, in a valid and subsisting concession agreement, is designated as the concessionaire;
Section 1 definition "corporation" was added by 2008-19-1(d), effective June 25, 2008 (BC Reg 158/2008).
Section 1 definitions "due date" and "excessive toll debt" BEFORE amended by 2008-19-1(e), effective June 25, 2008 (BC Reg 158/2008).
"due date", in relation to a toll, means the day prescribed as the day by which the toll must be paid;
"excessive toll debt" means a toll debt of not less than the prescribed amount;
Section 1 definition "payment mechanism" was added by 2008-19-1(f), effective June 25, 2008 (BC Reg 158/2008).
Section 1 definition "toll debt", paragraph (b) (part) BEFORE amended by 2008-19-1(g)(i), effective June 25, 2008 (BC Reg 158/2008).
(b) subject to paragraph (c), if the person disputes the person's liability for a toll or any related interest or charges in accordance with the prescribed dispute resolution procedure, the amount that
Section 1 definition "toll debt", paragraph (c) BEFORE amended by 2008-19-1(g)(ii), effective June 25, 2008 (BC Reg 158/2008).
(c) if the person disputes the person's liability for a toll or any related interest or charges in accordance with the prescribed appeal procedure, the amount that is, under that procedure, determined by the arbitrator to be owing by the person to the concessionaire or billing organization;
Section 1 definition "vehicle" BEFORE amended by 2008-19-1(h), effective June 25, 2008 (BC Reg 158/2008).
"vehicle" has the same meaning as "motor vehicle" in the Motor Vehicle Act.
Section 2 (1) (a) BEFORE amended by 2004-72-20(a), effective October 21, 2004 (Royal Assent).
(a) the minister agrees, on behalf of the government, to transfer or grant to the person with whom the agreement is entered into one or more of the following:
Section 2 (1) (b) and (c) BEFORE amended by 2004-72-20(b), effective October 21, 2004 (Royal Assent).
(b) the person undertakes to maintain and operate all or part of the highway referred to in paragraph (a) (i), and
(c) the person may undertake to do one or more of develop, plan, design, construct, expand, extend, upgrade, remove and rehabilitate all or part of the highway referred to in paragraph (a) (i).
Section 2 (4) BEFORE amended by 2004-72-20(c), effective October 21, 2004 (Royal Assent).
(4) Nothing in subsection (3) prevents the concession agreement from transferring title to, or any interests in, improvements or fixtures on any land referred to in subsection (3).
Section 2 (3) BEFORE amended by 2008-19-2(b), effective June 25, 2008 (BC Reg 158/2008).
(3) Despite subsection (1), a concession agreement must not transfer a fee simple interest in any land that forms or is to form part of the concession highway.
Section 3 (g) (iii) BEFORE amended by 2004-44-157, effective December 31, 2004 (BC Reg 547/2004).
(iii) closure is required by the minister under the Highway Act or the Ministry of Transportation and Highways Act,
Section 3 (part) BEFORE amended by 2008-19-3(a), effective June 25, 2008 (BC Reg 158/2008).
3 A concession agreement must
Section 3 (a) BEFORE amended by 2008-19-3(b), effective June 25, 2008 (BC Reg 158/2008).
(a) specify the consideration to be provided by the concessionaire to the government for the interests transferred, and the rights granted, to the concessionaire under the concession agreement, and specify how and when that consideration is to be provided,
Section 3 (e) BEFORE amended by 2008-19-3(b), effective June 25, 2008 (BC Reg 158/2008).
(e) specify the powers, permits, approvals and other authorizations that are granted to the concessionaire by the government under the concession agreement,
Section 3 (c) BEFORE amended by 2008-19-3(c), effective June 25, 2008 (BC Reg 158/2008).
(c) state whether or not tolls may be charged for vehicular use of the concession highway and, if so, how those tolls are to be set and varied from time to time,
Section 3 (k) BEFORE amended by 2008-19-3(e), effective June 25, 2008 (BC Reg 158/2008).
(k) set out any reporting and public information requirements and any record retention requirements that the concessionaire must meet, and specify the records or classes of records, if any, respecting the maintenance or safety of the concession highway that the concessionaire must, on request, make available to the minister,
Section 4 BEFORE amended by 2008-19-4, effective June 25, 2008 (BC Reg 158/2008).
Optional provisions of concession agreement
4 A concession agreement may include any other provisions that the parties consider appropriate and, without limiting this, the minister may, in a concession agreement,
(a) authorize or require the concessionaire to establish or use a billing organization to do one or both of invoice and collect tolls that are charged as a result of the detection of toll devices or the reading of number plates on the concession highway,
(b) authorize or require the concessionaire to accept payment of a toll by an occupant of a vehicle at the time of the vehicle's use of the concession highway, or
(c) authorize or require the concessionaire to exempt from tolls specified vehicles or specified classes of vehicles.
Section 4 (1) (c) BEFORE amended by 2009-34-44, effective November 26, 2009 (Royal Assent).
(c) authorize or require the concessionaire to exempt from tolls specified vehicles or specified classes of vehicles.
Section 5 BEFORE amended by 2016-5-42,Sch 4, effective March 10, 2016 (Royal Assent).
Provisions of concession agreement respecting breaches not punitive
5 A provision in a concession agreement that stipulates a drawback or penalty for failure to perform a condition of the concession agreement or to fulfil a covenant or promise in the concession agreement must not be construed as punitive, but as importing an assessment by mutual consent of the damages caused by the failure.
Section 6 (3.1), (4.1) and (5.1) were added by 2008-19-5(a), effective June 25, 2008 (BC Reg 158/2008).
Section 6 (3.1) BEFORE amended by 2008-42-128, effective June 25, 2008 (BC Reg 157/2008).
(3.1) If the minister delegates rights, powers or functions to the corporation under subsection (3), the corporation may, in a concession agreement, delegate to the concessionaire any or all of those rights, powers and functions as they relate to the concession highway and, in that event, the concessionaire is entitled to exercise those rights, powers or functions in relation to the concession highway during the currency of the concession agreement, subject to any limits or conditions imposed by the minister in relation to that delegation.
Section 6 (6) (part) BEFORE amended by 2008-19-5(b), effective June 25, 2008 (BC Reg 158/2008).
(6) Without limiting subsection (4) of this section, a concessionaire
Section 6 (7) BEFORE amended by 2008-19-5(c), effective June 25, 2008 (BC Reg 158/2008).
(7) Without limiting any other liability a concessionaire may be subject to at law or under an enactment, if the concessionaire defaults in performing any of the concessionaire's obligations under subsections (4) and (6), the concessionaire is liable for any loss or damage sustained by any person by reason of the default.
Section 6 (7) BEFORE amended by 2008-19-5(c), effective June 25, 2008 (BC Reg 158/2008).
(7) Without limiting any other liability a concessionaire may be subject to at law or under an enactment, if the concessionaire defaults in performing any of the concessionaire's obligations under subsections (4) and (6), the concessionaire is liable for any loss or damage sustained by any person by reason of the default.
Section 7 (2) (b) BEFORE amended by 2004-44-158, effective December 31, 2004 (BC Reg 547/2004).
(b) take any other action, mutually agreed between the minister and the concessionaire, that the minister has power to take under one or both of the Highway Act and the Ministry of Transportation and Highways Act.
Section 8 (1) (a) BEFORE amended by 2008-19-6(a), effective June 25, 2008 (BC Reg 158/2008).
(a) any duty to develop, plan, design or construct any portion of a concession highway that, under a concession agreement, the concessionaire is to construct,
Section 8 (1) (d) BEFORE amended by 2008-19-6(b), effective June 25, 2008 (BC Reg 158/2008).
(d) any duty of care with respect to any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, rehabilitation, operation or closure of, or any other activity in relation to, a concession highway that, after the concession agreement takes effect, is
Section 8 (2) (part) BEFORE amended by 2008-19-6(d), effective June 25, 2008 (BC Reg 158/2008).
(2) Without limiting subsection (1), neither the government nor any employee, agent, minister or ministry of the government has any liability arising by operation of law in relation to anything done or omitted to be done on or in relation to the concession highway after the concession agreement takes effect, including, without limiting this, any liability in an action based on
Section 8 (2) BEFORE amended by 2008-42-129(a), effective June 25, 2008 (BC Reg 157/2008).
(2) Without limiting subsection (1), neither the government nor any employee, agent, minister or ministry of the government has any liability arising by operation of law in relation to anything done or omitted to be done on or in relation to the concession highway after any concession agreement referred to in subsection (1) takes effect, including, without limiting this, any liability in an action based on
Section 8 (3) BEFORE amended by 2008-19-6(f), effective June 25, 2008 (BC Reg 158/2008).
(3) Subject to subsection (4), no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the government or any employee, agent, minister or ministry of the government in respect of the failure by the government, or by any employee, agent, minister or ministry of the government, to take any action in connection with the concession agreement or in connection with or against the concessionaire or the billing organization, including, without limiting this, the failure to take any action to terminate the concession agreement or any or all of the interests, rights, powers, permits, approvals and authorizations transferred or granted under the concession agreement, if the concessionaire or billing organization breaches any provision of this Act, the regulations, the concession agreement or any other agreement to which the government is a party.
Section 8 (3.1) BEFORE amended by 2008-42-129(b), effective June 25, 2008 (BC Reg 157/2008).
(3.1) Subject to subsection (4), no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the corporation or any director, officer, employee or agent of the corporation, in respect of the failure by the corporation or any director, officer, employee or agent of the corporation, to take any action in connection with a concession agreement referred to in section 2 (1.1) (a) to (c), or in connection with or against the concessionaire or the billing organization, including, without limiting this, the failure to take any action to terminate the concession agreement or any or all of the interests, rights, powers, permits, approvals and authorizations transferred or granted under the concession agreement, if the concessionaire or billing organization breaches any provision of this Act, the regulations, the concession agreement or any other agreement to which the corporation is a party.
Section 8 (5) BEFORE amended by 2008-19-6(i), effective June 25, 2008 (BC Reg 158/2008).
(5) Despite any law to the contrary and despite any enactment, no damages or compensation of any kind is payable by the government or by any employee, agent, minister or ministry of the government in respect of, and no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the government or any employee, agent, minister or ministry of the government in respect of,
Section 8 (7) BEFORE amended by 2008-19-6(j), effective June 25, 2008 (BC Reg 158/2008).
(7) Nothing in subsection (5) (b) relieves the government or any other contracting party from its obligation to pay, in the manner and at the time required by the concession agreement, any amount it is expressly obligated by that agreement to pay.
Section 9 (c) BEFORE amended by 2007-14-193, effective December 1, 2007 (BC Reg 354/2007).
(c) any other rights or obligations of the concessionaire under the concession agreement, this Act or the regulations.
Section 10 (1) (a) and (b) BEFORE amended by 2007-14-193, effective December 1, 2007 (BC Reg 354/2007).
(a) all of the interests, rights and shares transferred or granted to the concessionaire under the concession agreement, this Act or the regulations vest in the government,
(b) the concessionaire ceases to have any of the interests, rights and shares transferred or granted to the concessionaire under the concession agreement, this Act or the regulations.
Section 10 (1) (a) BEFORE amended by 2008-19-7(a), effective June 25, 2008 (BC Reg 158/2008).
(a) all of the interests, rights and shares transferred or granted to the concessionaire under the concession agreement or this Act vest in the government,
Section 10 (2) BEFORE amended by 2008-19-7(b), effective June 25, 2008 (BC Reg 158/2008).
(2) Nothing in subsection (1) (a) prevents the government from transferring or granting to another person, under this Act or otherwise, any or all of the interests, rights and shares that vest in the government under that subsection.
Section 11 (3) BEFORE amended by 2004-44-157, effective December 31, 2004 (BC Reg 547/2004).
(3) The concessionaire must close the whole or any portion of the concession highway when and to the extent that closure is required by the minister under the Highway Act or the Ministry of Transportation and Highways Act.
Section 12 (1) (a) (iii) BEFORE amended by 2004-44-157, effective December 31, 2004 (BC Reg 547/2004).
(iii) the closure or diversion is required by the minister under the Highway Act or the Ministry of Transportation and Highways Act, or
Section 16 BEFORE repealed by 2008-19-8, effective June 25, 2008 (BC Reg 158/2008).
Tolls
16 (1) If a concession agreement authorizes the charging of tolls, the following may occur in the manner and to the extent provided by the concession agreement:
(a) tolls may be charged for vehicular use of the concession highway, which tolls may differ in relation to
(i) the class of vehicle to which the vehicle using the concession highway belongs,
(ii) the extent, date or time of that use,
(iii) whether a toll device is detected, or not detected, in or on the vehicle, or
(iv) any other criteria considered by the concessionaire to be appropriate;
(b) tolls may be set and varied from time to time;
(c) interest and other charges may be charged in relation to tolls that are not paid by their due date.
(2) The rate of interest that may be charged on a toll that is not paid by its due date, and the amount of any other charge related to a toll or its collection, must not exceed the rate and amount set by the regulations.
Section 17 (1) (a) BEFORE amended by 2008-19-9(a), effective June 25, 2008 (BC Reg 158/2008).
(a) if a toll reader detects a toll device in or on the vehicle and there is, in relation to that toll device, an account established with the concessionaire or the billing organization in which there are sufficient funds to pay the required toll, be deducted from that account,
Section 17 (1) (d) BEFORE amended by 2008-19-9(b), effective June 25, 2008 (BC Reg 158/2008).
(d) if a toll reader for the concession highway does not detect a toll device in or on the vehicle, be invoiced to the person to whom the number plate on the vehicle was issued.
Section 17 (2) (a) and (b) BEFORE amended by 2008-19-9(d) and (e), effective June 25, 2008 (BC Reg 158/2008).
(a) the person disputes liability in accordance with the prescribed dispute resolution procedure and the concessionaire or billing organization, as the case may be, does not provide notice, in the time and manner required by that procedure, of their disagreement with the dispute, or
(b) the person appeals a demand in accordance with the prescribed appeal procedure and is found by the arbitrator to have no liability for the toll.
Section 17 (1) and (2) BEFORE amended by 2008-42-130, effective June 25, 2008 (BC Reg 157/2008).
(1) Any toll that may be charged in relation to the use by a vehicle of a concession highway may, unless the toll has been paid in accordance with subsection (3),
(a) if a toll reader detects a toll device in or on the vehicle and there is, in relation to that toll device, an account or other payment mechanism established with the concessionaire or the billing organization that is either in good standing or in which there are sufficient funds to pay the required toll, be deducted from that account or charged in accordance with that other payment mechanism,
(b) subject to paragraph (c), if a toll reader for the concession highway detects a toll device in or on the vehicle that is not one referred to in paragraph (a), be invoiced to the person to whom the toll device was issued,
(c) if a toll reader for the concession highway detects, in or on the vehicle, a toll device that is of a type applicable to, or is coded or programmed for, a vehicle of a certain class and the vehicle in or on which the toll device is detected does not belong to that class, be invoiced to the person to whom the number plate on the vehicle was issued, or
(d) if a toll reader for the concession highway does not detect a toll device in or on the vehicle,
(i) if there is, in relation to that vehicle, an account established with the concessionaire or the billing organization in which there are sufficient funds to pay the required toll, be deducted from that account,
(ii) if there is, in relation to that vehicle, a preauthorized credit, debit or other payment mechanism, including internet e-billing, e-post or equivalent, be invoiced to the person in accordance with the preauthorized credit, debit or other payment mechanism, or
(iii) in any other case, be invoiced to the person to whom the number plate on the vehicle was issued,
(2) If an invoice for a toll is issued by the concessionaire or the billing organization to a person to whom an invoice for the toll may be issued under subsection (1), (b), (c) or (d) (iii), that person is indebted to the concessionaire or billing organization, as the case may be, for the toll, and any interest or other charges payable in relation to it, unless
(a) the person disputes liability in accordance with the dispute resolution procedure referred to in section 20 procedure and the concessionaire or billing organization, as the case may be, does not provide notice, in the time and manner required by that procedure, of their disagreement with the dispute, or
(b) the person appeals a demand in accordance with the appeal procedure referred to in section 21 and is found by the arbitrator to have no liability for the toll.
Section 17 (2) (part) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).
(2) If an invoice for a toll is issued by the concessionaire or the billing organization to a person to whom an invoice for the toll may be issued under subsection (1) (b), (c) or (d), or is charged in respect of a classified vehicle in accordance with the regulations, that person or the operator or owner of the classified vehicle is indebted to the concessionaire or billing organization, as the case may be, for the toll, and any interest or other charges payable in relation to it, unless
Section 17 (1) (d) (iii) BEFORE amended by BC Reg 243/2013, effective November 28, 2013.
(iii) in any other case, be invoiced to the person to whom the number plate on the vehicle was issued, or if the vehicle is a classified vehicle, be charged in accordance with the regulations,
Section 20 BEFORE re-enacted by 2008-19-12, effective June 25, 2008 (BC Reg 158/2008).
Dispute resolution
20 A person who has received an invoice for a toll in relation to a concession highway may, on one or more of the grounds referred to in section 19, dispute that person's liability for the toll and for any related interest or other charges in accordance with the prescribed dispute resolution procedure.
Section 21 (1) BEFORE amended by 2008-19-13(a), effective June 25, 2008 (BC Reg 158/2008).
(1) A person who has disputed the person's liability for a toll in accordance with the prescribed dispute resolution procedure and who is not satisfied with the outcome of that procedure may, on one or more of the grounds referred to in section 19, appeal the person's liability for that toll to an arbitrator in accordance with the prescribed appeal procedure.
Section 21 (3) BEFORE amended by 2008-19-13(b), effective June 25, 2008 (BC Reg 158/2008).
(3) The decision of an arbitrator under the prescribed appeal procedure is binding on the parties and may not be appealed to any court.
Section 22 (2) (part) BEFORE amended by 2008-19-14, effective June 25, 2008 (BC Reg 158/2008).
(2) If a person's account is debited under section 17 (1) (a) in relation to a toll,
Section 22 (1) and (2) BEFORE amended by 2008-42-131, effective June 25, 2008 (BC Reg 157/2008).
(1) The payment of some or all of a toll for which an invoice was issued under this Part and related fees and interest does not prejudice the right of the person who received the invoice to dispute or appeal the liability for, or an alleged failure to pay, the toll, fees and interest referred to in the invoice.
(2) If a person's account is debited or charged under section 17 (1) (a) in relation to a toll,
(a) the person is, for the purposes of sections 20 and 21 and subsection (1) of this section, deemed to have received an invoice in relation to the amount deducted from that account, and
(b) the concessionaire must, on the request of that person, issue to that person an invoice, marked as paid, for that deducted amount.
Section 23 (1) BEFORE amended by 2008-19-15, effective June 25, 2008 (BC Reg 158/2008).
(1) Subject to subsection (2) but despite any other provision of this Act or the regulations, if a person is indebted, within the meaning of section 17 (2), to a concessionaire or the billing organization for a toll debt, the concessionaire or billing organization may, with or without a hearing or refunding any money paid for the toll device, cancel the toll device of the debtor.
Section 24 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
24 The rights and remedies available to a concessionaire or the billing organization under this Act or the regulations for the collection of a toll debt are in addition to any other rights and remedies available to the concessionaire or billing organization at law for the collection of that debt.
Part 4.1, sections 24.1 to 24.62 were enacted by 2008-19-16, effective June 25, 2008 (BC Reg 158/2008).
Section 24.1 definition of "director" BEFORE amended by 2017-12-2, effective April 1, 2018 (BC Reg 45/2018).
"director" means a member of the board appointed by the Lieutenant Governor in Council under section 24.3 (2);
Section 24.2 (3) BEFORE amended by 2017-12-3, effective April 1, 2018 (BC Reg 45/2018).
(3) The share in the corporation must be issued to and registered in the name of the minister and must be held by that minister on behalf of the government.
Section 24.3 (2) BEFORE amended by 2017-12-4(a), effective April 1, 2018 (BC Reg 45/2018).
(2) The board is to consist of no more than 7 directors appointed by the Lieutenant Governor in Council.
Section 24.3 (4) BEFORE repealed by 2017-12-4(b), effective April 1, 2018 (BC Reg 45/2018).
(4) The board must elect a vice chair from among the directors.
Section 24.33 BEFORE repealed by 2017-12-5, effective April 1, 2018 (BC Reg 45/2018).
Meetings and quorum
24.33 (1) The board must meet at least 4 times a year.
(2) The chair is to preside at all meetings of the board but, in the absence of the chair, the vice chair must preside.
(3) In the absence of the chair and the vice chair, the directors who are present must designate one of those present to preside.
(4) A majority of the directors holding office constitutes a quorum at meetings of the board.
(5) The affirmative votes of the majority of the directors present at a meeting of the board at which a quorum is present are sufficient to pass a resolution or bylaw of the corporation.
(6) A director may participate in, and vote at, a meeting of the board
(b) by telephone or other communications medium if all directors participating in the meeting, whether by telephone, by other communications medium or in person, are able to communicate with each other.
(7) A director who participates in a meeting in a manner contemplated by subsection (6) (b) is deemed to be present in person at the meeting.
(8) A resolution in writing, signed by all the directors and placed with the minutes of the directors, is as valid and effective as if regularly passed at a meeting of directors.
Section 24.34 (3) BEFORE amended by 2017-12-6, effective April 1, 2018 (BC Reg 45/2018).
(3) Without limiting subsection (2) but subject to section 24.33, the board may pass resolutions or bylaws respecting the calling and holding of meetings of the directors and the procedures to be followed at the meetings.
Section 24.5 (2), (3) and (4) BEFORE amended by 2023-10-1113, effective March 30, 2023 (Royal Assent).
(2) The disclosure required by subsection (1) must be made
(a) at the meeting at which a proposed contract or transaction is first considered,
(b) if the director or senior officer was not, at the time of the meeting referred to in paragraph (a), interested in a proposed contract or transaction, at the first meeting after he or she becomes interested, or
(c) at the first meeting after the relevant facts come to the knowledge of the director or senior officer.
(3) For the purposes of this section, a general notice in writing given by a director or senior officer of the corporation to the directors of the corporation to the effect that
(a) he or she is a member, director or officer of a specified corporate body or is a partner in, or owner of, a specified firm, and
(b) he or she has an interest in the specified corporate body or firm,
is a sufficient disclosure of interest to comply with this section.
(4) A director or senior officer of the corporation is not deemed to be interested or to have been interested at any time in a proposed contract or transaction solely as a result of any of the following circumstances:
(a) a proposed contract or transaction relates to a loan to the corporation, and he or she or a specified corporate body or specified firm in which he or she has an interest has guaranteed or joined in guaranteeing the repayment of the loan or any part of the loan;
(b) a proposed contract or transaction has been or will be made with or for the benefit of a corporate body affiliated to the corporation, and he or she is a director or officer of that corporate body;
(c) a proposed contract or transaction relates to an indemnity of the type described in Division 5 of Part 5 of the Business Corporations Act, or to insurance of the type described in section 165 of that Act;
(d) a proposed contract or transaction relates to the remuneration of a director or senior officer in his or her capacity as a director or senior officer.
Section 24.51 (1) BEFORE amended by 2023-10-1114, effective March 30, 2023 (Royal Assent).
(1) Every director or senior officer referred to in section 24.5 (1) must account to the corporation for any profit made as a consequence of the corporation entering into or performing the proposed contract or transaction
(i) he or she discloses his or her interest as required by section 24.5,
(ii) after his or her disclosure the proposed contract or transaction is approved by the directors, and
(iii) if a director, he or she abstains from voting on the approval of the proposed contract or transaction, or
(i) the contract or transaction was reasonable and fair to the corporation at the time it was entered into,
(ii) after disclosure of the nature and extent of his or her interest the contract or transaction is approved by resolution of the corporation, and
(iii) if a director, he or she abstains from voting on the approval of the proposed contract or transaction.
Section 24.53 (1) and (2) BEFORE amended by 2023-10-1115, effective March 30, 2023 (Royal Assent).
(1) Every director or senior officer of the corporation who holds any office, or possesses any property, which, directly or indirectly, might create a duty or interest in conflict with his or her duty or interest as a director or senior officer of the corporation must disclose the fact and the nature and extent of the conflict at a meeting of the directors of the corporation.
(2) The disclosure must be made by a director or senior officer referred to in subsection (1) at the first meeting of the directors held
(a) after he or she becomes a director or a senior officer, or
(b) if he or she is already a director or a senior officer, after he or she takes office or acquires the property.
Section 25 (1) BEFORE amended by 2008-42-132(a), effective June 25, 2008 (BC Reg 157/2008).
(1) In this section:
"law enforcement" means
(a) policing, including criminal intelligence operations,
(b) investigations that lead or could lead to a penalty or sanction being imposed, or
(c) proceedings that lead or could lead to a penalty or sanction being imposed;
"personal information" means recorded information about an identifiable individual.
Section 25 (2) (a) BEFORE amended by 2008-42-132(b), effective June 25, 2008 (BC Reg 157/2008).
(a) is collected directly from, and with the express consent of, the individuals to whom the information relates,
Section 25 (2) (c) BEFORE amended by 2008-42-132(c), effective June 25, 2008 (BC Reg 157/2008).
(c) is collected for the purpose of assessing or collecting tolls relating to the concession highway or any related interest or charges, and notice of that collection is provided, in accordance with the regulations, to the individuals to whom the information relates, or
Section 25 (3) (b) (ii) BEFORE amended by 2008-42-132(e), effective June 25, 2008 (BC Reg 157/2008).
(ii) for the purpose of assessing or collecting tolls relating to the concession highway or any related interest or charges,
Section 25 (4) to (6) BEFORE amended by 2008-42-132(f), effective June 25, 2008 (BC Reg 157/2008).
(4) The Insurance Corporation of British Columbia may enter into information-sharing agreements with any or all of the minister, concessionaires and the billing organization under which the Insurance Corporation of British Columbia may disclose to the minister, the concessionaire or the billing organization, as the case may be, the full name of, and the most recent mailing address shown in the records of the Insurance Corporation of British Columbia for, individuals to whom toll devices or number plates were issued if that information is disclosed for the purpose of
(a) ensuring safety in relation to the operation of the concession highway, or
(b) the charging or collection of tolls and related interest or charges.
(5) The minister may, for the purposes set out in subsection (6), enter into an information-sharing agreement with
(a) the government of Canada or an agency of that government,
(b) the government of a province or other jurisdiction in Canada or an agency of that government,
(c) the government of a state of the United States or an agency of that government,
(d) the Insurance Corporation of British Columbia, or
(e) a concessionaire or the billing organization.
(6) Without limiting any other power the minister may have to collect, use or disclose personal information, the minister may, under an information-sharing agreement referred to in subsection (5), obtain and disclose information respecting the full names and mailing addresses of individuals to whom tolling devices or number plates were issued if that information is for the purpose of
(a) ensuring safety in relation to the operation of a concession highway or the operation of a tolled highway in another jurisdiction,
(b) assisting a public body or a law enforcement agency in Canada in an investigation
(i) undertaken with a view to a law enforcement proceeding, or
(ii) from which a law enforcement proceeding is likely to result,
(c) the operation of a concession highway or the operation of a tolled highway in another jurisdiction, or
(d) the charging or collection of tolls on a concession highway or the charging or collection of comparable charges on a tolled highway in another jurisdiction.
Section 25 (8) BEFORE amended by 2008-42-132(g), effective June 25, 2008 (BC Reg 157/2008).
(8) Without limiting any other provision of this section, a concessionaire must protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.
Section 28 (3) to (5) BEFORE self-repeal by 2002-65-28(5), effective December 31, 2009.
(3) The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable for
(a) meeting or removing any difficulty arising out of amendments to this Act made by the Transportation Investment (Port Mann Twinning) Amendment Act, 2008, including, without limitation, disapplying or varying any provision of this Act, and
(b) resolving any errors, inconsistencies or ambiguities that arise in, or in relation to, another enactment affected by this Act.
(4) A regulation made under subsection (3) may be made retroactive to a date not earlier than the date this section comes into force.
(5) This subsection and subsections (3) and (4), and any regulations made under them, are repealed on December 31, 2009.