BILL 14 – 2008
TRANSPORTATION INVESTMENT (PORT MANN TWINNING) AMENDMENT ACT, 2008

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Transportation Investment Act, S.B.C. 2002, c. 65, is amended

(a) by repealing the definition of "agent" and substituting the following:

"agent", when used in relation to the government,

(a) includes the corporation, and

(b) does not include a concessionaire or the billing organization or any person employed by or under contract to the concessionaire or billing organization; ,

(b) in the definition of "concession agreement" by adding "or (1.1)" after "2 (1)" in both places,

(c) in the definition of "concessionaire" by adding ", and, where the context so dictates, includes the corporation" after "as the concessionaire",

(d) by adding the following definition:

"corporation" means the Transportation Investment Corporation established under section 24.2; ,

(e) by repealing the definitions of "due date" and "excessive toll debt" and substituting the following:

"due date" in relation to a toll, means

(a) the day prescribed as the day by which the toll must be paid, or

(b) if no day is prescribed as referred to in paragraph (a), the day established in accordance with the concession agreement as the day by which the toll must be paid;

"excessive toll debt" means a toll debt of not less than

(a) the amount prescribed with respect to that toll, or

(b) if no amount is prescribed as referred to in paragraph (a), the amount established in accordance with the concession agreement; ,

(f) by adding the following definition:

"payment mechanism" means a preauthorized credit or debit arrangement or internet billing, e-post or any other payment arrangement in accordance with the concession agreement; ,

(g) in the definition of "toll debt"

(i) in paragraph (b) by striking out "prescribed dispute resolution procedure" and substituting "dispute resolution procedure referred to in section 20", and

(ii) in paragraph (c) by striking out "prescribed appeal procedure" and substituting "appeal procedure referred to in section 21", and

(h) in the definition of "vehicle" by striking out 'as "motor vehicle" in' and substituting 'as "vehicle" in'.

2 Section 2 is amended

(a) by adding the following subsection:

(1.1) The minister may, with the approval of the Lieutenant Governor in Council, enter into one or more agreements with the corporation or any other person under which the minister agrees, on behalf of the government, to the terms on which the corporation may enter into one or more agreements under which

(a) the corporation agrees to transfer or grant to the person designated in the agreement as the concessionaire one or more of the following:

(i) interests in, or rights or obligations relating to, land that is, or is to be, part of a concession highway;

(ii) interests in or rights to buildings, bridges, walls, tunnels, culverts, wires, pipes and other things used for the construction, operation, safety, protection, servicing or maintenance of, or to provide services to persons using, the highway referred to in subparagraph (i);

(iii) shares in any corporation that operates all or any portion of the highway that is, or is to be, the concession highway, or interests in those shares;

(iv) other interests in, or rights or obligations relating to, the highway referred to in subparagraph (i),

(b) the person designated in the agreement as the concessionaire undertakes to maintain and operate all or part of the highway referred to in paragraph (a) (i), and

(c) the person designated in the agreement as the concessionaire 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). , and

(b) in subsection (3) by adding "or (1.1)" after "subsection (1)".

3 Section 3 is amended

(a) by adding "referred to in section 2 (1) (a) to (c) and (1.1) (a) to (c), but not a concession agreement entered into by the minister with the corporation under section 2 (1.1)," after "A concession agreement",

(b) by adding "or the corporation" after "the government" in paragraphs (a) and (e),

(c) in paragraph (c) by adding "by the minister and the concessionaire, including the corporation, or any one or more of them in accordance with the concession agreement" after "time to time",

(d) in paragraph (c.1) by adding the following subparagraph:

(iii) payment to the government or any other contracting party of an amount or amounts based on tolls, , and

(e) by adding "or the corporation" after "to the minister" in paragraph (k).

4 Section 4 is amended

(a) by renumbering the section as section 4 (1),

(b) in subsection (1) by adding "or the corporation" after "the minister", and

(c) by adding the following subsection:

(2) A concession agreement entered into by the minister with the corporation under section 2 (1.1) may include any provisions that the parties consider appropriate and, without limiting this, any provisions set out in section 3.

5 Section 6 is amended

(a) by adding the following subsections:

(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.

(4.1) If the minister imposes obligations on the corporation under subsection (4), the corporation may, in a concession agreement, impose any or all of those obligations as they relate to the concession highway on the concessionaire and, in that event,

(a) the corporation is relieved from those obligations in relation to the concession highway, and

(b) the concessionaire must perform those obligations in relation to the concession highway.

(5.1) If the minister makes a delegation and imposition under subsection (5) to the corporation, the corporation must not make a further delegation or imposition to a concessionaire unless the corporation is authorized to do so by the Lieutenant Governor in Council. ,

(b) in subsection (6) by adding "or (4.1)" after "(4)" and by adding "referred to in section 2 (1) (a) to (c) or (1.1) (a) to (c)" after "a concessionaire", and

(c) in subsection (7) by striking out "subsections (4) and (6)" and substituting "subsections (4), (4.1) and (6)".

6 Section 8 is amended

(a) in subsection (1) (a) by striking out ", under a concession agreement," and substituting ", under any concession agreement referred to in section 2 (1) or (1.1),",

(b) in subsection (1) (d) by striking out "the concession agreement" and substituting "any concession agreement referred to in section 2 (1) or (1.1)",

(c) by adding the following subsection:

(1.1) Despite any law to the contrary and despite any enactment, neither the corporation nor any director, officer, employee or agent of the corporation has

(a) any duty to develop, plan, design or construct any portion of a concession highway that, under a concession agreement referred to in section 2 (1.1) (a) to (c), the concessionaire is to construct,

(b) any duty to expand, extend, upgrade, remove, maintain, rehabilitate, operate, close or require the closure of a concession highway,

(c) any duty to instruct or supervise a concessionaire or the billing organization, and

(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 any concession agreement referred to in section 2 (1.1) (a) to (c) takes effect, is

(i) done by any person other than the corporation, or any director, officer, employee or agent of the corporation, or

(ii) omitted to be done. ,

(d) in subsection (2) by striking out "the concession agreement" and substituting "any concession agreement referred to in subsection (1)",

(e) by adding the following subsection:

(2.1) Without limiting subsection (1.1), neither the corporation nor any director, officer, employee or agent of the corporation 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 (1.1) takes effect, including, without limiting this, any liability in an action based on

(a) nuisance,

(b) the rule in Rylands v. Fletcher, or

(c) non-delegable duty. ,

(f) subsection (3) is amended

(i) by striking out "the concession agreement" and substituting "any concession agreement referred to in section 2 (1) or (1.1),",

(ii) by adding "by the government or by the corporation, as the case may be," after "without limiting this, the failure",

(iii) by striking out "terminate the concession agreement" and substituting "terminate any concession agreement", and

(iv) by striking out "under the concession agreement" and substituting "under any concession agreement", and

(g) the following subsection is added:

(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.

(h) in subsection (4) by adding ", or the corporation or any director, officer, employee or agent of the corporation," after "of the government",

(i) in subsection (5) by adding ", or the corporation or any director, officer, employee or agent of the corporation," after "of the government" wherever it appears,

(j) in subsection (7) by adding ", the corporation" after "the government" and by adding "or any other agreement" after "concession agreement", and

(k) by adding the following subsection:

(8) Nothing in this section limits the power, capacity and authority of the government under section 72 of the Financial Administration Act and the regulations under that section.

7 Section 10 is amended

(a) in subsection (1) (a) by adding "or, in relation to a concession agreement granted by the corporation under section 2 (1.1), all of the interests, rights and shares transferred or granted to the concessionaire vest in the corporation" after "vest in the government", and

(b) in subsection (2) by adding "or the corporation" after "prevents the government" and after "vest in the government".

8 Section 16 is repealed and the following is substituted:

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 user of the concession highway or the class of vehicle to which the vehicle using the concession highway belongs,

(ii) the ownership, type, character, size, weight, number of axles or accessories of the vehicle using the concession highway,

(iii) the nature, extent, date or time of that use,

(iv) whether a toll device is detected, or not detected, in or on the vehicle, or whether the vehicle is identified by another method of vehicle information capture,

(v) the time and manner of payment of tolls, and

(vi) any other criteria prescribed by regulation or as provided for in accordance with a concession agreement;

(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

(a) the rate and amount set by the regulations, or

(b) if no rate or amount is set by the regulations, the rate or amount established in accordance with the terms of the concession agreement.

9 Section 17 is amended

(a) by repealing subsection (1) (a) and substituting the following paragraph:

(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) by repealing subsection (1) (d) and substituting the following:

(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, ,

(c) in subsection (2) by striking out "(1), (b), (c) or (d)" and substituting "(1), (b), (c) or (d) (iii)",

(d) in subsection (2) (a) by striking out "prescribed dispute resolution procedure" and substituting "dispute resolution procedure referred to in section 20", and

(e) in subsection (2) (b) by striking out "prescribed appeal procedure" and substituting "appeal procedure referred to in section 21".

10 Section 18 is amended by renumbering the section as section 18 (1) and by adding the following subsections:

(2) Despite subsection (1), the concessionaire need not issue an invoice if the person to whom an invoice for the toll is to be issued has established a payment mechanism with the concessionaire or billing organization.

(3) The concessionaire must, on request of a person referred to in subsection (2), issue to that person an invoice indicating payment and containing the information specified in subsection (1).

11 Section 19 (1) is amended by adding the following paragraph:

(c) any other person, class of person, vehicle, or class of vehicle, to the extent that the regulations provide that person, vehicle or class with an exemption from paying the toll.

12 Section 20 is repealed and the following substituted:

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

(a) in accordance with the dispute resolution procedure prescribed for the concession highway, or

(b) if no dispute resolution procedure has been prescribed as referred to in paragraph (a) for the concession highway, in accordance with the dispute resolution procedure established in accordance with the concession agreement for the highway.

13 Section 21 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A person who has disputed the person's liability for a toll in accordance with the dispute resolution procedure referred to in section 20 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

(a) in accordance with the appeal procedure prescribed for the concession highway, or

(b) if no appeal procedure has been prescribed as referred to in paragraph (a) for the concession highway, in accordance with the appeal procedure established in accordance with the concession agreement for the highway. , and

(b) in subsection (3) by striking out "prescribed appeal procedure" and substituting "appeal procedure referred to in subsection (1)".

14 Section 22 (2) is amended by adding "or charged" after "is debited".

15 Section 23 (1) is amended by adding "suspend or" before "cancel".

16 The following Part is added:

Part 4.1 — Transportation Investment Corporation

Definitions

24.1  In this Act:

"board" means the board of directors of the corporation constituted under section 24.3;

"chief executive officer" means the person appointed under section 24.35;

"director" means a member of the board appointed by the Lieutenant Governor in Council under section 24.3 (2);

"senior officer" means the chief executive officer and any officer of the corporation who performs a policy-making function in respect of the corporation and has the capacity to influence the direction of the corporation.

Division 1 — Establishment, Purposes and Powers of the Corporation

Transportation Investment Corporation established as corporation

24.2  (1) The Transportation Investment Corporation is established as a corporation consisting of a board of directors appointed under section 24.3.

(2) The capital of the corporation is one share with a par value of $100.

(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.

Agent of the government

24.21 (1) The corporation is for all purposes an agent of the government.

(2) The corporation, as an agent of the government, is not liable to taxation, except to the extent that the government is liable and has the same immunities and exemptions in relation to property of the corporation and the use or development of land or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, as the government has in relation to these matters.

Purposes of the corporation

24.22  The purposes of the corporation are to engage in and conduct businesses related to

(a) delivering, managing, operating, tolling or funding transportation projects, including projects described in a concession agreement, and

(b) such other things as the Lieutenant Governor in Council may authorize.

Capacity and powers

24.23  (1) Subject to this Act and the regulations, the corporation has the power and capacity of an individual of full capacity.

(2) Without limiting subsection (1) but subject to this Act and the regulations, the corporation has the power and capacity to do one or more of the following:

(a) acquire, construct, hold or improve transportation infrastructure or cause it to be acquired, constructed, held or improved;

(b) acquire, hold or dispose of land, including interest in land;

(c) with the approval of the Minister of Finance, borrow money;

(d) with the approval of the minister, enter into agreements with the government of Canada, the government of another province or territory within Canada or the government of a jurisdiction outside Canada, or with an agency, department or official of any of those governments;

(e) with the approval of the minister, acquire or create a subsidiary, as defined in the Business Corporations Act, to carry out the purposes of the corporation;

(f) do such other things and have such powers and capacities as the Lieutenant Governor in Council may authorize;

(g) with the approval of the Lieutenant Governor in Council, enter into one or more agreements under section 2 (1.1) (a) to (c).

(3) With the prior approval of the Lieutenant Governor in Council, the corporation may in any year pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.

(4) If directed to do so by the Lieutenant Governor in Council, the corporation must pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year as if the property were not exempt from taxation by the municipality.

Division 2 — Governance of the Corporation

Board of directors

24.3  (1) The corporation is to be managed by a board of directors.

(2) The board is to consist of no more than 7 directors appointed by the Lieutenant Governor in Council.

(3) The chair of the board is a director who

(a) is designated in writing as chair by the minister, or

(b) is appointed by the board under the bylaws of the corporation if a chair is not designated under paragraph (a).

(4) The board must elect a vice chair from among the directors.

Term of office and reappointment

24.31  A person may be appointed as a director for a term of up to 3 years and may be reappointed for additional terms.

Board remuneration and expenses

24.32  The corporation may pay to a director remuneration and expense allowances at rates set by the minister.

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

(a) in person, or

(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.

Duties and powers of the board

24.34  (1) The board has a fiduciary duty to act in the best interests of the corporation and must manage the affairs of the corporation or supervise the management of those affairs and

(a) may exercise the powers conferred on it under this Act,

(b) may exercise the powers of the corporation on behalf of the corporation, and

(c) must supervise the delegation of any of its powers or duties.

(2) The board may pass the resolutions or bylaws it considers necessary or advisable for the management and conduct of the affairs of the corporation and the exercise of the powers and duties of the board.

(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.

(4) The board may establish committees of the board to assist the board.

(5) For the purposes of subsections (1) and (2), the board may, by resolution or bylaw, delegate any power or duty of the board or the corporation except

(a) the power to establish committees of the board,

(b) the power to pass resolutions or bylaws respecting the procedures to be followed at board meetings, and

(c) the power to delegate.

Chief executive officer

24.35  (1) The board must appoint a person as the chief executive officer of the corporation.

(2) The board may determine the remuneration and the terms and conditions of employment of the chief executive officer of the corporation.

(3) The chief executive officer is responsible for general supervision and direction of the operations of the corporation and its staff and must carry out those functions and perform those duties that are specified in the resolutions of the board.

Officers and employees

24.36  The chief executive officer may appoint those officers and employees of the corporation that are necessary to carry on the business and operations of the corporation and may define their duties.

Division 3 — Financial Administration

Investment powers

24.4  The corporation may invest money that belongs to it and is available for investment, but the investment may be made only as permitted under the provisions of the Trustee Act respecting the investment of trust property by a trustee.

Limitation on deficits

24.41  The corporation must not, without the prior approval of the Minister of Finance and the minister, incur or budget for a deficit for a fiscal year, as determined in accordance with generally accepted accounting principles.

Financial administration

24.42  (1) The corporation must establish and maintain an accounting system satisfactory to the Minister of Finance and must, whenever required by that minister, render detailed accounts of its revenues and expenditures for the period or to the date that minister designates.

(2) The corporation must prepare financial statements in accordance with generally accepted accounting principles.

(3) All books or records of account, documents and other financial records must at all times be open for inspection by, or by a person designated by, the minister responsible for the administration of this Act.

(4) The Minister of Finance may direct the Comptroller General to report to Treasury Board on any aspect of the financial administration of the corporation.

(5) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the corporation, the corporation must appoint an auditor to audit the accounts of the corporation at least once each year.

(6) The fiscal year of the corporation begins on April 1 in each year and ends on March 31 in the following year.

(7) The Minister of Finance is the fiscal agent of the corporation.

Corporation revenue

24.43  Money received by the corporation from any source may be retained by it to be used and dealt with for its purposes.

Directives

24.44  The Lieutenant Governor in Council may issue directives directing the corporation in a fiscal year or subsequent fiscal years to pay to the government an amount specified in the directive.

Division 4 — Conflict of Interest

Disclosure of interest

24.5  (1) Every director or senior officer of the corporation who in any way, directly or indirectly, is interested in a proposed contract or transaction with the corporation must disclose the fact and the nature and extent of that interest at a meeting of the directors.

(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.

(5) For the purposes of subsection (4), in determining whether a corporate body is affiliated with the corporation, the definition of "affiliate" in section 1 (1) of the Business Corporations Act applies and section 2 of that Act applies.

Accounting for profit

24.51  (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

(a) unless

(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

(b) unless

(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.

(2) A director referred to in section 24.5 (1) must not be counted in the quorum at a meeting of the directors at which the proposed contract or transaction is approved.

Validity

24.52  If a director or senior officer is in any way, directly or indirectly, interested in a contract or transaction, or a proposed contract or transaction, with the corporation, that interest does not invalidate the contract or transaction, but, if the conditions referred to in section 24.51 (1) (a) or (b) have not been met, the Supreme Court, on the application of the government, of the corporation or of any interested person, may

(a) enjoin the corporation from entering into the proposed contract or transaction,

(b) set aside the contract or transaction, if in existence, or

(c) make any other order that the Supreme Court considers appropriate.

Disclosure of conflict of office or property

24.53  (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.

Division 5 — General

Application of the Business Corporations Act

24.6  (1) Subject to subsection (2), the Business Corporations Act does not apply to the corporation.

(2) The Lieutenant Governor in Council may, by order, declare that certain provisions of the Business Corporations Act apply to the corporation.

Application of the Document Disposal Act

24.61  The Document Disposal Act applies to the corporation and, for the purposes of that Act, the corporation is a ministerial office.

Liability

24.62  (1) Subject to subsections (2) and (3), no action for damages lies or may be brought against a director or the chief executive officer or any other officer or employee of the corporation because of anything done or omitted to be done

(a) in the exercise or intended exercise of any power under this Act, or

(b) in the performance or intended performance of any function or duty under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

(3) Subsection (1) does not absolve the corporation from vicarious liability arising out of an act or omission by a person referred to in that subsection for which the corporation would be vicariously liable if this section were not in force.

(4) Nothing in this section is to be interpreted as a limitation on section 6 or 8.

17 The following section is added:

Concessionaires' websites

25.1  (1) The concessionaire under a concession agreement referred to in section 2 (1.1) (a) to (c) must establish and maintain a website that is accessible by the public without charge.

(2) A website established under this section must include the information specified in section 27 (2) (a) to (c) of the Freedom of Information and Protection of Privacy Act, and must also contain information relating to the following:

(a) tolls payable, including the structure and calculation of tolls payable;

(b) the amounts that constitute toll debts and excessive toll debts as those terms are defined in section 1, including the structure and calculation of those debts and their due dates;

(c) interest rates and other charges and fees, including when interest and other charges and fees will be applied and how they will be calculated and varied;

(d) the dispute resolution procedure referred to in section 20;

(e) the appeal procedure referred to in section 21;

(f) the available payment mechanisms, including registration and account maintenance;

(g) any other matters that are prescribed or required in accordance with the concession agreement.

18 Section 28 is amended by adding the following subsections:

(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.

Consequential Amendments

Financial Information Act

19 Schedule 2 of the Financial Information Act, R.S.B.C. 1996, c. 140, is amended by adding "Transportation Investment Corporation".

Freedom of Information and Protection of Privacy Act

20 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:

Commencement

21  This Act comes into force by regulation of the Lieutenant Governor in Council.