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New Brunswick Provincial Highway Right-of-Way (3-NB-c)

Information current as of 2018
In New Brunswick, a person (developer) may need a Highway Usage Permit (Permit) from the New Brunswick Department of Transportation and Infrastructure or the New Brunswick Highway Corporation (Jurisdictional Entities) to erect or place any structure, equipment or other object under, across, through or alongside a highway. R.S.N.B, c.H-5, s. 44.1(9); S.N.B. 1995, c. N-5.11, s. 10.1(9). A "highway" is defined as a road, street or highway designated as a highway by the New Brunswick Department of Transportation and Infrastructure and includes:

R.S.N.B, c.H-5, s. 1.

The Jurisdictional Entities regulate highways with concurrent authority pursuant to the R.S.N.B, c.H-5, s. 3 and the S.N.B. 1995, c. N-5.11, s. 3, 5. Both Jurisdictional Entities have the authority to acquire and regulate lands and highways and issue Permits. R.S.N.B, c.H-5, s. 44.1(9); S.N.B. 1995, c. N-5.11, s. 3, 10.1(9).

In addition, the New Brunswick Highway Corporation may delegate its authority to subsidiary corporations (Project Companies) to carry out its duties and responsibilities under the New Brunswick Highway Corporation Act, S.N.B. 1995, c. N-5.11, s. 1(1), 10.1, 10.2, which includes the ability to issue Permits. Brun-Way Highway Operations Inc. Webpage; Gateway Operations Limited Webpage.


Provincial Highway Right-of-Way Process

3-NB-c.1 – Contact the New Brunswick Department of Transportation and Infrastructure

A developer should contact the New Brunswick Department of Transportation and Infrastructure for more information on the Highway Usage Permit Application process. Depending on the location of the proposed development, a developer may request a Highway Usage Permit Application Form (Application) from the appropriate Jurisdictional Entity or Project Company. N.B. Reg. 2010-55, s. 6(1); N.B. Reg. 2009-156, s. 6(1).

3-NB-c.2 – Highway Usage Permit Application

A developer must submit a complete Application to the appropriate Jurisdictional Entity or Project Company. A complete Application must include the following information:

  • The reasons for the application;
  • The specifications for the proposed work and its exact location;
  • The method of construction or development of the proposed work;
  • The estimated value of the proposed work;
  • The degree of disturbance that the construction or development of the proposed work may cause to the highway;
  • The expected duration of the construction or development of the proposed work;
  • The requested duration of the highway usage permit;
  • A plan of the proposed work drawn to a scale of at least 1:1000 showing:
    • complete details of the proposed work, including its front, rear and side elevations; and,
    • the materials to be used in the construction or development of the proposed work;
  • A site plan of the proposed work drawn to a scale of at least 1:1000 showing:
    • the dimensions of the proposed work, including its location within the highway;
    • the location of any existing roadway, water, wooded area, well or existing work; and,
    • the layout of the proposed work; and,
  • Any other information required by the Jurisdictional Entity or Project Company.

N.B. Reg. 2010-55, s. 6(2); N.B. Reg. 2009-156, s. 6(2). An Application must be accompanied by:

  • A non-refundable application fee of $100; and,
  • Proof of insurance.

N.B. Reg. 2010-55, s. 6(1), 7; N.B. Reg. 2009-156, s. 6(1), 7.

3-NB-c.3 to 3-NB-c.4 – Review Application Materials for Completeness

The appropriate Jurisdictional Entity or Project Company reviews the Application materials for administrative and technical completeness.

3-NB-c.5 to 3-NB-c.6 – Review Application Materials for Approval

The appropriate Jurisdictional Entity or Project Company reviews the Application for approval and may impose any additional terms and conditions they consider appropriate as a condition of issuing a Permit or require that the developer provide a performance bond and a labor and material payment bond, or other security upon request. R.S.N.B, c.H-5, s. 44.1(10)(b); S.N.B. 1995, c. N-5.11, s. 10.1(10)(b). N.B. Reg. 2010-55, s. 7; N.B. Reg. 2009-156, s. 7; Gateway Operations Limited – Highway Usage Permit Application; Brun-Way Highway Operations Inc. – Highway Usage Permit Application.


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