In this Act:
"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;
"arbitrator" means a person appointed by the minister under section 15;
"billing organization" means the organization referred to in section 4 (1) (a);
"classified vehicle" means a vehicle belonging to a prescribed class or category of vehicles;
"common highway" means a highway that is not a concession highway;
"concession agreement" means an agreement referred to in section 2 (1) or (1.1), and includes all related agreements that are, in the agreement referred to in section 2 (1) or (1.1), specified as forming part of the concession agreement, and,
(a) when used in relation to a concessionaire, means the agreement, including the specified related agreements, under which that person is a concessionaire, and
(b) when used in relation to a concession highway, means the agreement, including the specified related agreements, contemplated by this Act under which interests or rights in that concession highway are transferred or granted or obligations in relation to that concession highway are imposed;
"concession highway" means the highway or portion of a highway, or the highways or portions of highways, in relation to which interests or rights are transferred or granted or obligations are imposed under a concession agreement, and,
(a) when used in relation to a concessionaire, means the highway or portion of highway, or the highways or portions of highways, in relation to which that person is a concessionaire, and
(b) when used in relation to a concession agreement, means the highway or portion of highway, or the highways or portions of highways, in relation to which interests, rights or obligations are transferred, granted or imposed under that concession agreement,
and includes expansions or extensions of the highway or portion of highway or of the highways or portions of highways;
"concessionaire" means a person who, in a valid and subsisting concession agreement, is designated as the concessionaire, and, where the context so dictates, includes the corporation;
"corporation" means the Transportation Investment Corporation established under section 24.2;
"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;
"expand" includes
(a) add or expand lanes,
(b) add or expand interchanges,
(c) add or expand tunnels, bridges, walls and other structures, and
(d) make other improvements;
"extend" includes construct linear additions;
"highway" includes
(a) subject to paragraph (c), every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way not referred to in paragraph (a) that is designed or intended for or used by the general public for the passage of vehicles, and
(c) ferries and ferry landings that are owned or operated by or on behalf of the government, except those that are
(i) part of the British Columbia Ferry Corporation,
(ii) coastal ferries other than those coastal ferries designated by the Lieutenant Governor in Council, and
(iii) part of the regional transportation system as defined in the South Coast British Columbia Transportation Authority Act;
"inspector" means a person, or a member of a class of persons, designated in accordance with the regulations to carry out the functions of an inspector under this Act;
"maintain" includes keep in repair;
"number plate" has the same meaning as in the Motor Vehicle Act;
"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;
"person" has the same meaning as in the Interpretation Act and includes a joint venture;
"toll" means a charge for the use of some or all of a concession highway by a vehicle;
"toll debt", in relation to a person who has been charged a toll by a concessionaire or the billing organization, means,
(a) subject to paragraphs (b) and (c), the portion of the toll that remains unpaid after the expiry of the period within which the person's liability for the toll may be disputed under section 20, plus any interest or other charges payable in relation to that amount,
(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 dispute resolution procedure referred to in section 20, the amount that
(i) is, under that procedure, determined or deemed to be owing by the person to the concessionaire or billing organization, or
(ii) the parties to the dispute resolution procedure agree is owing by the person to the concessionaire or billing organization, or
(c) if the person disputes the person's liability for a toll or any related interest or charges in accordance with the appeal procedure referred to in section 21, the amount that is, under that procedure, determined by the arbitrator to be owing by the person to the concessionaire or billing organization;
"toll device" means a device that
(a) may be installed or carried in or on, or attached to, a vehicle, and
(b) allows electronic identification of the person who is to pay the toll, or the account from which the toll is paid, arising from the vehicle's use of a concession highway;
"toll reader" means equipment that detects toll devices;
"upgrade", in relation to a highway, includes improve the design, quality, durability, safety, operation or capacity of the highway;
"vehicle" has the same meaning as "vehicle" in the Motor Vehicle Act.