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The Highways Protection and Consequential Amendments Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1992, c. 38

The Highways Protection and Consequential Amendments Act

(Assented to June 24, 1992)

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

PART 1

INTERPRETATION

Definitions

1(1)        In this Act,

"additional controlled area" means an additional controlled area established under subclause 4(1)(b)(iii); («zone contrôlée supplémentaire»)

"centre point of an intersection", when used in reference to a limited access highway, means the point where the centre line of the through part of that limited access highway meets the centre line of, or the centre line of the prolongation of, another highway that intersects or meets the limited access highway; («point central d'une intersection»)

"controlled area" means a controlled area established under subclause 4(1)(b)(i) or (ii); («zone contrôlée»)

"development" means

(a) any building, structure, fixture, road, airstrip, excavation, well, dugout or other installation of whatever nature on, above or below ground, and

(b) any goods placed on or above ground,

but does not include

(c) a sign,

(d) a wire fence erected for agricultural purposes,

(e) a mail box placed under the authority of an Act of Parliament,

(f) a survey monument or post placed under the authority of any Act of the Legislature or the Parliament of Canada,

(g) a tree, hedge or shrub, or

(h) a development exempted by regulation; («travaux d'aménagement»)

"highway" means land used or surveyed for use as a public highway or road and includes a bridge forming part of a public highway or road and any structure incidental to the public highway or road; («route»)

"limited access highway" means a provincial trunk highway or a provincial road designated under clause 4(1)(a); («route à accès limité»)

"maintain" means allow to remain in existence; («maintenir»)

"means of access" means an entrance or exit for the use of vehicles to or from a limited access highway to adjacent land, but does not include another highway that connects with, or any connection between parts of a limited access highway;(«voie d'accès»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"off-premises sign" means a sign displaying information or advertising services, goods or activities that is erected or placed at a location other than the property to which the information relates or where the services or goods may be obtained or the activities take place; («panneau hors des lieux»)

"on-premises sign" means a sign displaying information or advertising services, goods or activities that is erected or placed on the property to which the information relates or where the services or goods may be obtained or the activities take place; («panneau sur les lieux»)

"owner", except in sections 14 and 15, means a person having an interest in land; («propriétaire»)

"prescribed" means prescribed by regulation;

"provincial road" means a highway that, under section 7 of The Highways and Transportation Department Act, is declared to be a provincial road and has not been abandoned; («route provinciale»)

"provincial trunk highway" means a highway that, under section 7 of The Highways and Transportation Department Act, is declared to be a provincial trunk highway and has not been abandoned; («route provinciale à grande circulation»)

"sign" means any publicly displayed device that bears information or advertising and includes any free-standing structure or thing that supports the device; («panneau»)

"traffic authority" means a traffic authority as defined in subsection  1(1) of The Highway Traffic Act; («autorité chargée de la circulation»)

"traffic board" means the Highway Traffic Board continued by subsection 18(1); («Conseil routier»)

"vehicle" means a device in, on or by which a person or thing is or may be transported. («véhicule»)

Interpretation of "without modification or expansion"

1(2)        For the purposes of this Act,

(a) a prohibition against the "modification or expansion" of a means of access, a development or a sign;

(b) a right to construct or maintain a means of access, to construct, erect, make, drill, install or place a development or to erect, place or maintain a sign "without modification or expansion";

(c) a requirement that a means of access, development or sign "has not been modified or expanded";

(d) a description of a means of access as one that is not "modified or expanded"; or

(e) any similar expression;

shall be interpreted so as to permit the repair of the means of access, development or sign, as the case may be, without contravening this Act.

Reference to "Act" includes regulations

1(3)        A reference to "this Act" includes the regulations under this Act.

Application

2(1)        This Act does not apply to a traffic control device, as defined in subsection 1(1) of The Highway Traffic Act, erected, placed or maintained by a traffic authority in a controlled area or an additional controlled area.

Act binds the Crown

2(2)        This Act binds the Crown.

PART 2

HIGHWAY CONNECTIONS, CONTROL OF ACCESS AND DEVELOPMENT ADJACENT TO LIMITED ACCESS HIGHWAYS

ABROGATION OF COMMON LAW RIGHTS

Common law rights abrogated

3(1)        A person is not, as of right, entitled to any direct access to or from a limited access highway from or to adjacent land.

No right to compensation

3(2)        A person is not entitled, as of right, to any compensation solely by reason of the designation of a provincial trunk highway or a provincial road as a limited access highway or by reason of the establishment of a controlled area, including a controlled area whose location changes as a result of the relocation of the right-of-way of a limited access highway, or an additional controlled area under this Act.

REGULATIONS

Regulations

4(1)        The Lieutenant Governor in Council may by regulation

(a) designate any provincial trunk highway or a provincial road as a limited access highway;

(b) establish

(i) a controlled area within 38 metres of the right-of-way of a limited access highway,

(ii) a controlled area within a circle the radius of which is a specified distance, not exceeding 457 metres, from the centre point of an intersection of a limited access highway and another highway, or

(iii) an additional controlled area within a specified distance, not less than 38 metres nor more than 76 metres, from either or both edges of the right-of-way of a limited access highway;

(c) classify limited access highways as freeways, express ways, arterial highways, collector highways or any other class;

(d) prohibit, except under the authority of a permit issued under this Act, the construction, erection, making, drilling, installation, placement, maintenance, modification or expansion of a development in a controlled area or additional controlled area within any prescribed distance of the right-of-way or any centre point of an intersection of a limited access highway;

(e) prohibit, except under the authority of a permit issued under this Act, the planting or placement of trees, hedges or shrubs in a controlled area or additional controlled area within any prescribed distance of the right-of-way or any centre point of an intersection of a limited access highway;

(f) prohibit, except under the authority of a permit issued under this Act, the erection, placement, maintenance, modification or expansion of a sign in a controlled area or an additional controlled area within any prescribed distance from any right-of-way or centre point of an intersection of a limited access highway and another highway;

(g) regulate and prohibit the erection, placement, maintenance, modification or expansion of signs in a controlled area or additional controlled area;

(h) govern applications for permits, the issue of permits, the terms and conditions applicable to permits and the transfer of permits;

(i) govern the certification of compliance of a means of access, a development, a tree, hedge or shrub or a sign with this Act;

(j) require the payment of fees for permits, appeals, hearings or certification of compliance of a means of access, a development, a tree, hedge or shrub or a sign with this Act or for any other matter;

(k) provide for exemption from the requirement of a permit under this Act;

(l) prescribe anything that by this Act may be prescribed; and

(m) for the purposes of this Act or any provision of this Act, define any word that is used but not defined in this Act.

Reference to traffic board

4(2)        Where the minister is of the opinion that it may be advisable to make a regulation under subclause (1)(b)(ii) or (iii), the minister may refer the matter to the traffic board for hearing and recommendation.

Effect of change in right-of-way on designation under subclause (1)(b)(i)

4(3)        Where a regulation is made under subclause (1)(b)(i), the controlled area thereby established is the area within 38 metres of the right-of-way as it exists from time to time.

Effect of change in right-of-way on designation under subclause (1)(b)(iii)

4(4)        Where a regulation is made under subclause (1)(b)(iii), the additional controlled area thereby established is the area within the distance of the right-of-way specified for that additional controlled area as that right-of-way exists on the day that the additional controlled area is established.

Regulations classifying developments, trees and signs

4(5)        Regulations made under clause (1)(d), (e), (f) or (g) may classify developments, trees, hedges or shrubs, or signs and prescribe different distances for different classes of developments, trees, hedges and shrubs, or signs and establish different classes of developments, trees, hedges or shrubs, or signs, for different classes of limited access highways established under clause (1)(c).

Regulation re section 41

4(6)        Regulations made under clauses (1)(g), (h) and (j) may make special provision for permits issued under section 41.

HIGHWAY CONNECTIONS

Consent of minister required

5           No highway shall be connected to a limited access highway by any traffic authority, other than the minister, except with the written consent of the minister and in accordance with any terms or conditions under which that consent is given.

PERMITS

Prohibition re entering and leaving limited access highway

6           No person shall take a vehicle onto or from a limited access highway except by way of

(a) a highway connecting with the limited access highway;

(b) a means of access constructed, maintained, modified or expanded under this Act; or

(c) a means of access exempted under the regulations from the requirements of a permit.

Prohibition re constructing means of access

7           No person shall construct,  maintain, modify or expand  a means of access to or from a limited access highway, unless

(a) the construction, maintenance, modification or expansion is authorized by a permit issued under this Part; or

(b) the regulations exempt the construction, maintenance, modification or expansion from the requirements of a permit.

Permits for means of access

8(1)        The minister, on application by any person or on his or her own initiative, may in his or her discretion issue a permit for a means of access.

Permits for developments, trees and on-premises signs

8(2)        The minister, on application, may in his or her discretion issue a permit for a development, a tree, hedge or shrub, or an on-premises sign.

Permits for off-premises signs

8(3)        The traffic board, on application, may in its discretion issue a permit for an off-premises sign.

Scope of permit for access or development

8(4)        A permit that is issued under this section in respect of a means of access or a development permits only

(a) the means of access or the development without modification or expansion; and

(b) the use of the means of access or development;

stated in the permit.

Scope of permit for sign

8(5)        A permit that is issued under this section in respect of a sign permits only the sign without modification or expansion.

Expiry and terms and conditions of permits

8(6)        A permit issued under this section may have an expiry date and shall be subject to such terms and conditions as are determined by the minister or traffic board, as the case may be, and stated in the permit or are prescribed.

Transfer of permit

8(7)        A permit is not transferable without the consent of the minister or the traffic board having authority to issue it.

Cancellation of permits by minister

9(1)        The minister may cancel a permit that he or she has issued upon such notice as is prescribed.

Cancellation of permit by traffic board

9(2)        The traffic board may cancel a permit that it has issued upon such notice as is prescribed.

Right to appeal

10(1)       If the minister issues a permit, with or without terms and conditions, or refuses an application for a permit for a means of access, a development or a tree, hedge or shrub, the applicant or permittee has a right to appeal to the traffic board, and the minister shall serve on the applicant or permittee a notice of right to appeal the permit or the refusal.

Contents of notice of right to appeal

10(2)       A notice under subsection (1) shall inform the applicant or permittee that the applicant or permittee may appeal the permit or the refusal to the traffic board by mailing or delivering to the traffic board and the minister, within 30 days after the notice is served on the applicant or permittee, a notice of appeal containing the prescribed information and accompanied by the prescribed fee and, if the applicant or permittee wishes to have an oral hearing, a request for an oral hearing and the prescribed oral hearing fee.

Failure to appeal

10(3)       If the applicant or permittee does not mail or deliver a notice of appeal as required by subsection (2), the permit or refusal is final and binding.

CLOSURE AND REMOVAL OR RELOCATION OF LAWFUL ACCESSES BY MINISTER

Closure or alteration by minister

11(1)       The minister may, at his or her expense,

(a) alter a means of access;

(b) close a means of access and provide an alternative means of access; or

(c) close and remove a means of access;

after giving such notice as is prescribed.

No compensation re clause (1)(a) or (b)

11(2)       No compensation is payable to an owner of land adjacent to a means of access by reason of the minister's action under clause (1)(a) or (b).

Compensation for minister's action

11(3)       Subject to subsections (4) to (7), where a means of access is constructed, maintained, modified or expanded in accordance with this Act, the minister shall compensate each owner of the land adjacent to the means of access for the loss or damage caused by the minister's action under clause (1)(c).

No compensation re clause (1)(c)

11(4)       No compensation is payable to an owner of land for whom another means of access to or from the land from or to a highway exists or is provided.

Compensation subject to permit

11(5)       If a means of access was constructed, maintained, modified or expanded under a permit, the payment of compensation is subject to the terms and conditions of the permit.

Claim to be filed

11(6)       A claim for compensation under this section must be made by filing the claim and particulars in the office of the minister not later than one year after the date of service of the prescribed notice.

Failure to agree on compensation

11(7)       If compensation cannot be agreed upon, it shall be determined in accordance with The Expropriation Act.

PART 3

ENFORCEMENT

Inspectors

12(1)       The minister may appoint any person as an inspector for the purposes of this Act.

Certificate to be furnished

12(2)        The minister shall furnish an inspector with a certificate of appointment.

Certificate to be produced

12(3)       An inspector exercising a power under this Act shall, on request, produce his or her certificate of appointment.

Powers of inspectors

13(1)       An inspector appointed under subsection 12(1) may

(a) at any reasonable time enter any place where the inspector believes that any thing relevant to the enforcement of this Act is located;

(b) request the production of any thing that may be relevant to the inspection; and

(c) examine anything found in the place.

Entry to dwellings

13(2)       Subsection (1) does not apply to confer a power of entry, without the consent of the occupier, to a room used as a dwelling unless the inspector acts under the authority of a warrant issued under this section.

Warrant to enter

13(3)       A justice may issue a warrant authorizing an inspector named in the warrant

(a) to do anything set out in clause (1)(a), (b) or (c); or

(b) to enter into and search a room used as a dwelling;

if the justice is satisfied by information on oath that there are reasonable grounds to believe that it is necessary to enter the place for the enforcement of this Act, and

(c) in the case of a warrant issued under clause (a), an inspector has been, or there are reasonable grounds to believe that an inspector would be, prevented from doing anything described in clause (1)(a), (b) or (c); or

(d) in the case of a warrant issued under clause (b), it is necessary that the room be entered for the purpose of carrying out an inspection.

Carrying out of warrant

13(4)       An inspector doing anything under the authority of a warrant under this section is authorized, with such peace officers as are required to assist, to enter the place, to take any action that an inspector may take under this Act and to use such force as may be necessary.

Assistance to inspectors

13(5)       The person in charge of a place referred to in clause (1)(a) and any person found in that place shall

(a) give the inspector all reasonable assistance to enable the inspector to carry out his or her functions under this Act; and

(b) furnish the inspector with any information he or she may reasonably require for the enforcement of the Act.

Obstruction of inspectors

13(6)       No person shall hinder, obstruct or interfere with an inspector in the carrying out of his or her functions under this Act.

REMOVAL OR ALTERATION OF UNLAWFUL ACCESSES, DEVELOPMENTS, TREES AND SIGNS

Definition

14(1)       In this section, "owner" means

(a) a person registered under The Real Property Act as the owner of an estate in fee simple or a life estate in land;

(b) a person who is the owner of an estate in fee simple or a life estate in land under The Registry Act;

(c) where land is under The Real Property Act, a purchaser of the land who has filed a caveat in the land titles office for the district in which the land is situated against the land claiming an interest in the land as purchaser;

(d) where land is under The Registry Act, a purchaser of the land who has registered an agreement for sale in the registry office for the district in which the land is situated;

(e) a tenant or a person who is in possession or occupation of land; and

(f) in the case of Crown land, a person shown in the records of the department of the government administering the land as having an estate or interest in the land.

Minister's order

14(2)       The minister may make an order requiring an owner of land to take one or more of the following actions, as specified in the order, within the time stated in the order or any extension of that time given by the minister:

(a) remove a means of access to or from a limited access highway that is constructed, maintained, modified or expanded in contravention of this Act;

(b) remove a development constructed, erected, made, drilled, installed, placed, maintained modified or expanded, or a tree, hedge or shrub planted or placed, or a sign erected, placed, maintained, modified or expanded in a controlled area or additional controlled area in contravention of this Act;

(c) alter a means of access, development or tree, hedge or shrub or a sign in such a manner as to remedy any contravention of this Act.

Form and service of order

14(3)       An order made under subsection (2) must be in writing and must be served on the owner personally or by registered mail.

Minister's powers on default

14(4)       If an owner is served with an order in accordance with subsection (3) and fails to comply with the order within the time specified, or within any extension of that time given by the minister, the minister may, in writing, direct any person to enter on the land and do the acts that were required to be done in the order and that person, while so engaged, may enter on the land without committing a trespass.

Sale of salvage

14(5)       The minister may, in connection with the removal of a development, tree, hedge or shrub or sign under subsection (4), sell the development, tree, hedge or shrub or sign or any part of it, and may use the proceeds to defray the costs of complying with the order and pay the balance to the owner, mortgagee or other person entitled to it.

Recovery of costs

14(6)       Where the proceeds from a sale under subsection (5) are insufficient to meet the costs of complying with the order, the minister may charge the costs of the work done, or any part of the costs not defrayed under subsection (5), against the owner of the land on which the development, tree, hedge or shrub or sign was located and recover the costs or the balance of the costs as a debt due to the Crown.

Right of contribution

14(7)       Any owner against whom an order is made may, in respect of his or her costs of complying with the order or costs of the work charged against that owner under this section, recover contribution from any other owner against whom an order could have been made on such basis as the court considers just and reasonable.

Offence

14(8)       If an order has been issued to an owner of land under this section for the removal of a means of access, development, a tree, hedge or shrub or a sign from land, the owner of the land is guilty of an offence if he or she again places or permits the placement of the thing on the land so as to contravene this Act.

REMOVAL OF UNSIGHTLY OR DANGEROUS DEVELOPMENTS AND SIGNS

Definition

15(1)       In this section "owner" means owner as defined in subsection 14(1).

Application of section

15(2)       This section does not apply in respect of a development that is designed to be, and is, occupied.

Minister's order

15(3)       If,

(a) in the opinion of the minister, a development in a controlled area or additional controlled area

(i) is, by reason of its ruinous, dilapidated, unsafe or unprotected condition, dangerous to the public safety or health, or

(ii) is, because of its unsightly condition, detrimental to the surrounding area; or

(b) a sign in a controlled area or additional controlled area

(i) in the opinion of the minister,

(A) is, by reason of its ruinous, dilapidated, unsafe or unprotected condition, dangerous to the public safety, or

(B) is, because of its unsightly condition, detrimental to the surrounding area, or

(ii) displays information that is out of date or advertises services or goods that are no longer supplied or activities that no longer take place;

the minister may make an order under this section with respect to the development or sign.

Contents of order

15(4)       The order may require an owner, within a period of time which shall not be less than 60 days from the date of the making of the order,

(a) to remedy the condition in the manner and to the extent directed in the order; or

(b) to demolish, remove or fill in the development or sign and level the site of it.

Form and service of order

15(5)       An order made under subsection (3) must be in writing and must be served on the owner personally or by registered mail within 20 days after the making of the order.

Minister's powers on default by owner

15(6)       If an owner is served with an order in accordance with subsection (5) and does not remedy the condition within the time specified or the development or sign has not been demolished, removed or filled in and the site leveled within the time specified, the minister may direct any person to enter on the land and do the acts that were required to be done in the order, and any person directed by the minister, while engaged in the exercise of the minister's powers, may enter on the land without committing a trespass.

Sale of salvage

15(7)       The minister may, in connection with the demolition or removal of the development or sign under subsection (6), sell the development or sign or any part of it, and may use the proceeds to defray the costs of complying with the order and pay the balance to the owner, mortgagee or other person entitled to them.

Recovery of costs

15(8)       Where the proceeds from a sale are insufficient to meet the costs of complying with the order, the minister may charge the costs of the work done, or any part of the costs not defrayed under subsection (7), against the owner of the land on which the development or sign was located and recover the costs or the balance of the costs as a debt due to the Crown.

Application to Court of Queen's Bench

15(9)       A person who feels aggrieved by an order of the minister made under this section may apply to the Court of Queen's Bench within 30 days after the date of making the order and if the court is satisfied that

(a) the proper procedure as set forth in this section has not been followed; or

(b) the minister has acted in a manner contrary to the intent of this section;

the court may set aside or vary the order of the minister as it considers just.

Right of contribution

15(10)      An owner against whom an order is made may, in respect of his or her costs of complying with the order or costs of the work charged against that owner under this section, recover contribution from any other owner against whom an order could have been made on such basis as the court considers just and reasonable.

Delegation of minister's powers to traffic board

16          The minister may in writing delegate any of his or her powers under section 14 or 15 respecting signs to the traffic board on such terms and conditions as the minister specifies.

PART 4

HIGHWAY TRAFFIC BOARD

Definition

17          In this Part, "member" means a member of the traffic board appointed under subsection 18(1).

Traffic board continued

18(1)       The Highway Traffic Board is continued and shall consist of at least three members appointed by the Lieutenant Governor in Council.

Tenure of office

18(2)       A member shall be appointed to hold office for the term fixed by the Lieutenant Governor in Council and shall continue to hold office until the member is reappointed, the member's successor is appointed or the member's appointment is revoked.

Functions of traffic board

19          The traffic board shall exercise such powers and perform such duties as are assigned to it by or under this Act or any other Act or regulation.

Designation of officers

20(1)       The Lieutenant Governor in Council shall designate one of the members as chairperson and another as vice-chairperson.

Functions of vice-chairperson

20(2)       The vice-chairperson may act in place of the chairperson if the chairperson is absent or unable to act or the office of chairperson is vacant.

Interim officers

20(3)       In the absence or incapacity of the chairperson or vice-chairperson, or if there is a vacancy in either of those offices, the traffic board may designate one of its members as chairperson or vice-chairperson on an interim basis.

Remuneration of members

21(1)       A member, other than one who is a civil servant, shall be paid such remuneration as is fixed by the Lieutenant Governor in Council.

Expenses of members

21(2)       A member shall be paid such travel and other expenses incurred in the course of performing duties of the traffic board as are fixed by the Lieutenant Governor in Council.

Quorum

22(1)       Three members are a quorum.

Majority decisions

22(2)       A majority of the members present at a meeting of the traffic board may exercise any of the powers or perform any of the duties of the traffic board.

Loss of quorum during meeting

22(3)       Where there is a quorum of members at the commencement of a meeting and thereafter the quorum is lost by reason of a person who was a member ceasing to be a member or becoming unable or unwilling to act, the remaining members are deemed to be a quorum.

When hearing required

23          The traffic board is not required to hold a hearing with respect to the exercise of a power or the performance of a duty assigned to it unless a hearing is required under

(a) the Act assigning the power or duty; or

(b) the rules of practice or procedure made pursuant to section 28.

Hearings on appeal under section 10

24(1)       The traffic board is not required to hold an oral hearing with respect to an appeal under section 10 unless an oral hearing is requested in the notice of appeal and the required oral hearing fee is paid.

Minister entitled to be heard

24(2)       The minister is entitled to be heard by counsel or otherwise on an appeal to the traffic board under section 10.

Powers of traffic board on appeal

25          On an appeal under section 10, the traffic board may determine the appeal and, where a permit is to be issued, direct that the permit be issued by the minister.

Powers under Part V of Evidence Act

26(1)       The powers of and the protections afforded to commissioners under Part V of The Manitoba Evidence Act, except sections 83 to 86, 93 and 96, apply to hearings of the traffic board.

Evidence

26(2)       Evidence may be given before the traffic board in any manner that the traffic board considers appropriate, and the traffic board is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Inquiries by single members

27(1)       Where a matter is required to be heard by the traffic board, the traffic board or its chairperson may authorize one member to make an inquiry or hear the matter, and to make recommendations to the traffic board, and that member may exercise all the powers of the traffic board with respect to that inquiry or hearing.

Decision of traffic board

27(2)       The traffic board, after considering the recommendations referred to in subsection (1), may approve, disapprove, or approve with modifications, the recommendations or may substitute its own findings, and may dispose of the matter accordingly.

Rules of practice or procedure

28          Subject to the approval of the Lieutenant Governor in Council, the traffic board may by regulation make rules of practice or procedure.

Use of civil servants

29          The traffic board may utilize the services of such officers and employees of a department of government for such periods and subject to such terms and conditions as the minister of that department may approve.

Special advisors

30(1)       The Lieutenant Governor in Council may appoint a person having special knowledge of a matter to inquire into and report to, or advise, the traffic board with respect to that matter.

Remuneration

30(2)       A person described in subsection (1), other than a civil servant, shall be paid such remuneration and such travel and other expenses incurred in the course of performing duties for which he or she was appointed, as are fixed by the Lieutenant Governor in Council.

PART 5

GENERAL

EVIDENCE

Certificate to be admitted

31          In a prosecution or proceeding under this Act in which proof is required respecting

(a) the application for, or issue, refusal, cancellation, transfer or appeal of, a permit;

(b) the giving of a consent; or

(c) the giving, making, receiving or service of a notice, order or other document;

a certificate purporting to be signed by the minister or the minister's delegate or by the chairperson, vice-chairperson or secretary of the traffic board having authority under this Act with respect thereto is evidence of the facts stated in the certificate and of the authority of the traffic board or minister without further proof of the appointment or signature.

OFFENCES AND PENALTIES

Offences

32(1)       Any person who contravenes this Act or the terms or conditions of a permit issued under it is guilty of an offence.

Penalties

32(2)       A person who is guilty of an offence under subsection (1) is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $200. or to imprisonment of not more than 30 days; and

(b) in the case of a corporation, to a fine of not more than $1,000.

Limitation of action

32(3)       A prosecution for an offence under this section shall not be commenced more than one year after the date on which the offence was or is alleged to have been committed.

Order for compliance

33          In a prosecution under this Act, the court may, in addition to imposing a penalty under subsection 32(2), make such order as the court considers proper to obtain compliance with this Act or any terms or conditions of a permit.

IMMUNITY FROM ACTION

Immunity

34(1)       No action or proceeding may be brought against the minister, the traffic board, a member or agent of the traffic board or an employee or agent of the government for any act done in good faith in the performance or intended performance of a duty or in the exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of such duty or power.

Crown not relieved of liability

34(2)       Subsection (1) does not, by reason of subsections 4(2) and (4) of The Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort to which it would otherwise be subject, and the Crown is liable under that Act for any tort in like manner as if subsection (1) had not been enacted.

Compellability of witness

35          The minister, a member of the traffic board, an agent of the traffic board or an employee or agent of the government shall not, in a civil action or proceeding, be required to testify about information or to produce documents or things obtained under this Act, except for the purpose of carrying out the person's duties under this Act.

PART 6

MISCELLANEOUS

TRANSITIONAL

Definitions

36          In this Part,

"former Act" means The Highways Protection Act, R.S.M. 1987, Cap. H50, R.S.M. 1970, c. H50, S.M. 1966, c. 28, and Part IIIA of R.S.M. 1954, c. 112 enacted by S.M. 1961 (First Session), c. 24; («ancienne loi»)

"predecessor", when used with reference to The Highways and Transportation Department Act, R.S.M. 1987, Cap. H40, or a section of that Act, means The Highways Department Act, R.S.M. 1970, c. H40 enacted by S.M. 1965, c. 32 and The Public Works Act, R.S.M. 1954, c. 216 enacted by S.M. 1943, c. 41. («loi antérieure» ou «article antérieur»)

Preservation of rights under permits

37(1)       Subject to this section,

(a) a permit issued under a former Act; or

(b) a written permission given under subsection 8(3) of The Highways and Transportation Department Act or a predecessor of that section or a permit issued under subsection 14(1) or (3) of The Highways and Transportation Department Act or a predecessor of one of those subsections;

that is subsisting on the day this Act comes into force and that, if it had been issued under this Act, would have been issued with respect to a limited access highway or a controlled area or an additional controlled area, shall be deemed to be a permit issued under this Act.

Exceptions

37(2)       Subsection (1) does not apply in respect of a permit or written permission that was issued in respect of a highway that connects to  a limited access highway.

Access and development permits under C.C.S.M. c. H40

37(3)       If a means of access or a development is maintained pursuant to a permit issued under The Highways and Transportation Department Act or a predecessor of that Act, that permit permits only

(a) the access or development stated in the permit without modification or expansion; and

(b) the use that the means of access or development had upon the coming into force of this Act.

Access and development permits under former Act

37(4)       If a means of access or a development is maintained pursuant to a permit issued under a former Act, that permit permits

(a) only the access or the development stated in the permit without modification or expansion;

(b) where the permit states a use for the means of access or development, only that use; and

(c) where the permit was issued in respect of a means of access or development and does not state a use of the means of access or development, only the use that the means of access or development had immediately after the completion of what was authorized by the permit.

Sign permits under C.C.S.M. c. H40

37(5)        If a sign is maintained pursuant to a permit issued under subsection 14(1) of The Highways and Transportation Department Act or a predecessor of that subsection, or under a former Act, the permit permits only the sign that complies with the permit without modification or expansion.

Preservation of right to maintain access

38          A person may maintain a means of access to or from a limited access highway if

(a) the means of access

(i) was

(A) constructed by or under the authority of the minister while the highway was a limited access highway under a former Act, or

(B) in existence before the highway became a limited access highway under a former Act,

and was not subsequently closed by the minister under this Act or under a former Act, and

(ii) has not been modified or expanded and its use has not changed since the highway first became a limited access highway; or

(b) the means of access

(i) was

(A) constructed by or under the authority of the minister while the highway was a highway, access to which was subject to the written permission of the minister for the placement of materials under subsection 8(3) of The Highways and Transportation Department Act or a predecessor of that subsection, or

(B) in existence before the highway was a highway, access to which was subject to the written permission of the minister for the placement of materials under subsection 8(3) of The Highways and Transportation Department Act or a predecessor of that subsection,

and was not subsequently removed by the minister under The Highways and Transportation Department Act or a predecessor of that Act, and

(ii) has not been modified or expanded and its use has not changed since the coming into force of this Act.

Preservation of right to maintain development or sign

39          A person may maintain a development or a sign in a controlled area or an additional controlled area if

(a) the development was constructed, erected, made, drilled, installed or placed, or the sign was erected or placed

(i) when

(A) the area was not established as a controlled area or an additional controlled area under this Act or a controlled area under a former Act, or

(B) it could be maintained without a permit under a former Act, and

(ii) the development or sign has not been modified or expanded and its use has not changed since the establishment of the controlled area or additional controlled area under this Act or the controlled area under a former Act; or

(b) the development was constructed, erected, made, drilled, installed or placed or the sign was erected or placed

(i) when

(A) it was not in contravention of subsection 14(1) of The Highways and Transportation Department Act or a predecessor of that subsection, or

(B) it could be so constructed, erected, placed, made, drilled or installed without a permit under subsection 14(1) of The Highways and Transportation Department Act or a predecessor of that subsection, and

(ii) the development or a sign has not been modified or expanded since it came into existence.

Preservation of right to maintain trees etc.

40          A person may maintain a tree, hedge or shrub in a controlled area or an additional controlled area if its planting or placement

(a) was authorized by a permit issued by the minister under subsection 14(3) of The Department of Highways and Transportation Act or under a predecessor of that subsection; or

(b) occurred when it was not in contravention of subsection 14(3) of The Department of Highways and Transportation Act or a predecessor of that subsection.

Application of Act to illegal signs

41(1)       A permit under Part 2 of this Act is not required, and section 15 does not apply, until the expiration of a period of six months after the coming into force of this Act or such further period as may be prescribed, in respect of a sign that

(a) on April 1, l992, was erected, placed or maintained in contravention of a former Act or subsection 14(1) of The Highways and Transportation Department Act or a predecessor of that subsection; and

(b) is not modified or expanded after that date.

Permits respecting signs

41(2)       The minister, in respect of on-premises signs, and the traffic board, in respect of off-premises signs, may, on application and within six months after the coming into force of this Act or such further period as may be prescribed, issue a permit to maintain a sign described in subsection (1).

Scope of permit

41(3)       A permit issued under this section permits only the sign as it existed on April 1, l992.

Expiry and terms and conditions of permit

41(4)       A permit issued under this section shall expire three years and six months after the coming into force of this section and shall be subject to such terms and conditions as are determined by the minister or the board and stated in the permit or as prescribed.

Deemed compliance

41(5)       A sign that is maintained in accordance with the terms and conditions of a permit issued under this section is deemed to comply with this Act for a period ending three years and six months after the coming into force of this section.

Definition

42(1)       In this section, "previous Highways Protection Act" means The Highways Protection Act, R.S.M. 1987, cap. H50.

Regulations under former Act repealed

42(2)       The regulations made under the previous Highways Protection Act are repealed on the coming into force of this Section.

Pending applications for designating of highways and establishing control lines

42(3)       All applications made under subsection 6(1) or 15(1) of the previous Highways Protection Act and all appeals taken from applications under those subsections that are commenced but not concluded on the coming into force of this Act are deemed to have been abandoned on the coming into force of this Act.

Applications for permits under the previous Act

42(4)       An application made under subsection 9(1) or 17(1) of the previous Highways Protection Act

(a) in respect of which no permit has been issued and that has not been refused; and

(b) that, if it had been made under this Act, would have been made with respect to a limited access highway or a controlled area or additional controlled area;

is deemed to be an application for a permit under this Act.

Appeals in progress under previous Act

42(5)       An appeal in respect of a permit under section 21 of the previous Highways Protection Act that, on the coming into force of this Act, has been taken but not concluded, shall be completed as if this Act had not been passed.

Appeals commenced under previous Act

42(6)       Where, on the coming into force of this Act, the time for taking an appeal under section 21 of the previous Highways Protection Act with respect to a permit has not expired, an appeal may be taken as if this Act had not been passed.

Application under C.C.S.M. c.  H40, s. 8(3)

43(1)       An application under subsection 8(3) of The Highways and Transportation Department Act respecting the placement of material for a means of access to or from a limited access highway, in respect of which no written permission has been granted and that has not been refused, shall be deemed to be an application under this Act.

Application under C.C.S.M. c. H40, s. 14(1) and (3)

43(2)       An application under subsection 14(1) or (3) of The Highways and Transportation Department Act respecting a development, a tree, hedge or shrub or a sign in a controlled area or an additional controlled area, in respect of which no permit has been granted and that has not been refused, shall be deemed to be an application under this Act.

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. E190 amended

44(1)       The Expropriation Act is amended by this section.

44(2)       Section 25 is amended

(a) in subsection (1) by striking out "An Authority" and substituting "Subject to subsections (2), (2.1) and (2.2), an authority"; and

(b) by repealing subsection 25(2) and substituting the following:

Restriction on compensation under other Acts

25(2)       Where an authority expropriates land or in the exercise of its lawful powers causes the injurious affection of land, no compensation is payable under this Act

(a) in any circumstances in which The Highways Protection Act or The Highways and Transportation Department Act expressly provides that a person is not entitled to compensation or that no compensation is payable; or

(b) in respect of

(i) a means of access that is constructed, maintained, modified or expanded,

(ii) a development that is constructed, erected, made drilled, installed, placed, maintained, modified or expanded,

(iii) a tree, hedge or shrub that is planted, placed or maintained, or

(iv) a sign that is erected, placed, maintained, modified or expanded;

in contravention of The Highways Protection Act.

Compensation for accesses

25(2.1)     Any compensation that is payable under this Act in respect of a means of access to a limited access highway under The Highways Protection Act is subject to subsections 11(3) to (6) of that Act.

Compensation subject to permit

25(2.2)     Any compensation payable under this Act in respect of a sign for which a permit is issued under The Highways Protection Act is subject to the terms and condition of that permit.

C.C.S.M. c. H40 amended

45(1)       The Highways and Transportation Department Act is amended by this section.

45(2)       Section 8 is amended

(a) in subsection (3), by striking out "No person shall" and substituting "Subject to subsection (11), no person shall";

(b) in subsections (5) and (6) by striking out "Where" and substituting "Subject to subsection (11), where"; and

(c) by adding the following after subsection (10):

Exception

8(11)       Subsections (3), (5) and (6) do not apply in respect of a means of access to or from a limited access highway that is constructed, maintained, modified or expanded under The Highways Protection Act.

45(3)       Section 14 is amended

(a) by repealing subsections 14(1) and (3);

(b) by repealing subsection 14(4) and substituting the following:

Removal of trees etc.

14(4)       The minister may remove from land any tree, hedge or shrub that is not planted, placed or maintained in accordance with The Highways Protection Act, if it creates a hazard to traffic or causes obstruction of the view of the roadway and no compensation is payable for any loss or damage that any person may suffer by reason of the removal.

(c) by repealing subsections 14(5), (6) and (10).

45(4)       Clause 35(c) is amended by striking out ", along, or on land adjacent, contiguous, or near to,".

C.C.S.M. c. O31 amended

46(1)       The Off-Road Vehicles Act is amended by this section.

46(2)       Subsection 1(1) is amended by adding the following definition in alphabetical order:

"traffic board" means the Highway Traffic Board continued by subsection 18(1) of The Highways Protection Act; («Conseil routier»)

46(3)       Section 33 is amended

(a) in subsection (1) by striking out "subsection (4)" and substituting "subsections (4) and (5)";

(b) in subsection (4) by striking out "may" and by substituting "or the traffic board, if the minister appoints it as his or her delegate for the purposes of this section, may"; and

(c) by adding the following after subsection (4):

Application of subsections 45(2) and (3)

33(5)       Subsections 45(2) and (3) apply in respect of an authorization of a by-law described in subsection (4) with such modification as the circumstances require.

46(4)        Section 45 is amended

(a) in subsection (1) by striking out "and the minister may make rules supplementary to, or in addition to, but not contrary to any provision of this Act or the regulations made under this Act";

(b) in subsection (2)

(i) by striking out "which affects a departmental road" and by substituting "referred to in subsection (1)", and

(ii) by striking out "a person authorized by the minister" and substituting "or the traffic board, if the minister appoints it as his or her delegate for the purposes of this section,"; and

(c) in subsection (3) by striking out "the authorized person" and by substituting "or the traffic board, if the minister appoints it as his or her delegate for the purposes of this section,".

C.C.S.M. c. R30 amended

47(1)       The Real Property Act is amended by this section.

47(2)       Clause 58(1)(m) is repealed and the following is substituted:

(m) any limitation or restriction under The Highways Protection Act or any regulation or permit issued or deemed to have been issued under that Act.

REPEAL, CITATION AND COMING INTO FORCE

Repeal of C.C.S.M. c. H50

48          The Highways Protection Act, R.S.M. 1987, Cap. H50, is repealed.

C.C.S.M. reference

49          This Act may be cited as The Highways Protection Act and referred to as chapter H50 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

50          This Act comes into force on a day fixed by proclamation.