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The Highways Protection Act
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This version is current as of September 28, 2016.
It has been in effect since May 1, 2014.

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C.C.S.M. c. H50

The Highways Protection Act

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

Definitions

1           In this Act

"access" means an exit from or an entrance to a highway; (« bretelle »)

"centre line" means the centre of a roadway as defined in The Highway Traffic Act measured from the kerbs or, in the absence of kerbs, from the edges of the roadway; (« ligne médiane »)

"control line" means

(a) in the case of a limited access highway or a part thereof, or a freeway or a part thereof, in respect of which the traffic board has not specifically established control lines, a line that is parallel to the centre line of the limited access highway or freeway 125 feet distant from the edge of the right-of-way thereof;

(b) in the case of a limited access highway or a part thereof or a freeway or a part thereof, in respect of which the traffic board has specifically established control lines, a line that is parallel to the centre line thereof and such distance from the edge of the right-of-way thereof as the traffic board may have designated or a line that forms the circumference, or part of the circumference of a circle with the centre at the point of intersection of the centre line of a limited access highway or freeway and another highway and a radius of such length as the traffic board may have designated; (« ligne de contrôle »)

"controlled area" means the area between the limited access highway or freeway and the control line in relation thereto; (« zone contrôlée »)

"entrance to a highway" does not include

(a) a connection between opposing traffic lanes of a divided highway, or

(b) an entrance from a service road designed and intended to provide access to another road; (« bretelle »)

"exit from a highway" does not include

(a) a connection between opposing traffic lanes of a divided highway, or

(b) an exit to a service road from a road to which the service road is designed and intended to provide access; (« bretelle »)

"freeway" means a highway or a part of a highway designated as a freeway under Part II; (« autoroute »)

"highway" means any place or way, including any structure forming a part thereof, which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefor, and includes all space between the boundary lines thereof; but does not include any area designed and intended, and primarily used, for the parking of vehicles and the necessary passageways thereon, or any place or way that is owned and maintained other than by the government or a municipality; (« route »)

"intersection" means a place where two or more highways join one another at an angle, whether or not one such highway crosses the other; (« intersection »)

"limited access highway" means a highway or a part of a highway that has been designated as, or is, a limited access highway under Part I; (« route à accès limité »)

"name sign" means a sign

(a) that is erected on land adjacent to a highway;

(b) that is not more than two feet in height and not more than three feet in width; and

(c) that does not display or indicate any information or advertising thereon other than the name of the occupant of the land, his address and his trade, business profession or calling; (« panneau d'identification »)

"permit" means a permit issued by the traffic board under this Act; (« permis »)

"planning authority" means the council of The City of Winnipeg and any municipality or other authority responsible for planning in accordance with The Planning Act; (« service d'aménagement du territoire »)

"provincial road" means a highway that is a provincial road under The Highways and Transportation Act; (« route provinciale secondaire »)

"provincial trunk highway" means a highway that is a provincial trunk highway under The Highways and Transportation Act; (« route provinciale à grande circulation »)

"service road" means a road that is designed and intended to intercept, collect and distribute vehicles that are crossing, entering or leaving another road and to furnish access to property the access to or from which is affected by reason of that other road being a limited access highway or a part thereof; (« voie de service »)

"structure" means, for the purpose of this Act, a building and all things constructed, erected, placed or stored, whether above or below the surface of the ground; but does not include a traffic control device as defined in The Highway Traffic Act, wire fences erected for agricultural purposes or mail boxes or survey monuments or posts that are authorized to be placed under the provisions of any Act of the Legislature or Canada; (« construction »)

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

"traffic board" means The Highway Traffic Board continued under this Act; (« Conseil routier »)

"vehicle" means a vehicle as defined in The Highway Traffic Act. (« véhicule »)

S.M. 2000, c. 35, s. 48.

Purposes of Act

2(1)        The purposes of this Act are

(a) to control the location, construction and use of entrances to and exits from certain highways;

(b) to control the use made of land that is contiguous or adjacent to, or that lies near certain highways; and

(c) control the erection of structures along certain highways;

with the objects of protecting the interests of the public in the highways, promoting the safety of persons using the highways and generally furthering the amenities of travel on the highways.

Application of Act

2(2)        Every owner, lessee, tenant, and other occupant of, and every person exercising any licence or right in or to, land that is situated within a controlled area, or that is contiguous or adjacent to a limited access highway, freeway, or provincial trunk highway, is subject to this Act, and, in the construction of structures on the land, the construction and location of entrances to and exits from the highway and the use of structures, land, entrances and exits, shall comply with this Act and the regulations.

Continuation of highway traffic board

3(1)        "The Highway Traffic Board" is hereby continued.

Composition of traffic board

3(2)        The traffic board shall be composed of not less than three persons appointed by the Lieutenant Governor in Council.

Terms of office

3(3)        Each member of the traffic board shall hold office for such term as may be fixed in the order appointing him, and thereafter until his successor is appointed.

Chairman and vice-chairman

3(4)        The Lieutenant Governor in Council shall appoint one of the members of the traffic board as chairman, and another as vice-chairman to act in the absence of the chairman.

Remuneration and expenses

3(5)        The Minister of Finance shall pay to each member of the traffic board such remuneration for services rendered as may be fixed by the Lieutenant Governor in Council, and such reimbursement for reasonable out-of-pocket expenses necessarily incurred by him in the performance of his duties as a member of the board and may be approved by the Lieutenant Governor in Council.

Quorum

3(6)        Three members of the traffic board are a quorum.

Majority decisions

3(7)        The decision of a majority of the members of the traffic board present at any sitting thereof is the decision of the traffic board.

Application of Part V of Evidence Act

3(8)        The traffic board and the members thereof have the powers of and the protection afforded to commissioners appointed under Part V of The Manitoba Evidence Act, and that Part except sections 83, 84, 85, 86, 93 and 96 thereof applies to the traffic board.

Rules of procedure

3(9)        The traffic board may make rules for its own procedure.

Inquiries by single members

3(10)       The traffic board, or the chairman thereof, may authorize a member thereof to make an inquiry and to report to the board upon any question or matter arising in connection with the business of the board; and that member, when so authorized, has all the powers of the traffic board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and upon the report being made to the board, it may adopt it as an order of the traffic board or otherwise deal with it in the discretion of the board.

Hearing of applications, etc., by single members

3(11)       A single member of the traffic board may hear an application, or other matter over which the board has jurisdiction under this Act or any other Act of the Legislature; and, after the hearing, the member shall report thereon fully to the traffic board with his recommendations, if any, and the board may thereupon deal with the application, or other matter, as if the hearing had been before the full traffic board.

Special advisers

3(12)       The Lieutenant Governor in Council may, with or without the recommendation of the traffic board, appoint one or more persons having technical or special knowledge of the matter in question, to inquire into and report to the traffic board and to assist it in an advisory capacity in respect of any matter before it; and the person or persons so appointed may be paid such remuneration and expenses as the Lieutenant Governor in Council may approve.

Assistance from government departments

3(13)       For the purpose of any inquiry or examination conducted by it or in the performance of any of the other duties assigned to it under this or any other Act of the Legislature or by order of the Lieutenant Governor in Council, the traffic board may, with the consent of the minister in charge of a department of the Government of Manitoba, avail itself of the services of any officer or other employee of that department.

Completion of meeting where member dies, etc.

3(14)       Where a quorum exists at the commencement of a hearing by the traffic board, and thereafter a member thereof dies, resigns or for any reason becomes incapable of acting, the remaining members may complete the hearing or any adjournment thereof; and any decision with respect to that hearing made by a majority of the remaining members shall be deemed to be a decision of the board as if a quorum had been present.

Exemption from personal liability

3(15)       The members and staff of the traffic board are not personally liable for any loss, injury or damage suffered by any person by reason of anything done or omitted to be done by them, in good faith, in the performance of their duties under this Act or the regulations.

Application of Highways and Transportation Act

4           This Act applies to all highways, including provincial trunk highways and provincial roads; but a highway does not cease to be a provincial trunk highway or a provincial road by reason only of being designated as a limited access highway or a freeway; and The Highways and Transportation Act continues to apply thereto in so far as any provision thereof is inconsistent with this Act or any provision thereof.

S.M. 2000, c. 35, s. 48.

PART I

LIMITED ACCESS HIGHWAYS

Limitation on entrances and exits

5(1)        No person shall construct, relocate or substantially alter an entrance to a limited access highway from any other road or driveway or from any adjoining land, or construct, relocate or substantially alter an exit from a limited access highway to any other road or driveway or to any adjoining land, unless he holds a valid and subsisting permit for the purpose.

Limitation on maintenance of prohibited access

5(2)        No person shall maintain an entrance to, or an exit from, a limited access highway that has been constructed in contravention of subsection (1).

Limitation on entering and leaving

5(3)        No person shall bring a vehicle onto, or take a vehicle from, a limited access highway except at an entrance or exit constructed prior to the time when the highway became a limited access highway, or at an entrance or exit constructed under and in accordance with a permit issued under this Part.

Change in use prohibited

5(4)        No person shall change the use of an entrance to, or exit from, a limited access highway, unless the change is authorized by a valid and subsisting permit issued by the traffic board.

Application for limited access highway

6(1)        The traffic authority for a highway may apply to the traffic board to designate the highway or a part thereof as a limited access highway.

Designation of limited access highway

6(2)        Upon application made under subsection (1), or without receiving an application and on its own initiative, the traffic board may, by regulation, designate a highway, other than a freeway, or a part thereof, as a limited access highway.

Procedure for designation of limited access highways

6(3)        The traffic board shall not make a regulation designating a highway or a part thereof as a limited access highway unless

(a) it has held a public hearing at which

(i) all persons who own or have an interest in land contiguous or adjacent to the highway;

(ii) the traffic authority for the highway;

(iii) the council for the municipality in which the highway is situated;

(iv) if there is a planning authority for the municipality, that planning authority; and

(v) the Minister of Local Government or officers or members of the Department of Local Government;

are permitted to appear and make submissions with respect to the designation of the highway as a limited access highway; and

(b) it has given notice of its intention to designate, or of the application for the designation of, the highway or a part thereof as a limited access highway, and of the date, time, and place of the public hearing,

(i) in writing to the Minister of Local Government, to the traffic authority for the highway, and to the municipality in which the highway is situated at least two weeks prior to the date of the hearing;

(ii) in a newspaper of general circulation in the locality in which the highway is located at least one week prior to the date of the hearing; and

(iii) in The Manitoba Gazette prior to the date of the hearing.

Provincial trunk highways

6(4)        Unless the traffic board specifically declares, by regulation, that a provincial trunk highway or a part thereof is not a limited access highway, each provincial trunk highway is a limited access highway.

Procedure for declaration under subsec. (4)

6(5)        Subsections (1), (2), and (3) apply with such changes as the circumstances require in respect of a declaration made under subsection (4).

S.M. 1993, c. 48, s. 67; S.M. 2000, c. 35, s. 48; S.M. 2004, c. 42, s. 68; S.M. 2008, c. 42, s. 46; S.M. 2010, c. 33, s. 78.

Where Part I not applicable

7(1)        Subject to subsection (2), this Part does not affect any entrance to or exit from a limited access highway that was in existence at the time when the highway became a limited access highway, if the use of the entrance or exit is the same as it was at that time.

Closing existing access

7(2)        Where the traffic board recommends that an existing entrance to, or exit from, a limited access highway be closed and other means of access to and from the highway be provided, the traffic authority, without the consent of the owner, or the lessee of, or other person having an interest in, the land to or from which the entrance or exit leads, may close the entrance to, or exit from, the highway; and, if it does so, it shall construct such other means of access to and from the highway as to it seems reasonable and, in addition, subject to subsection (6), shall pay such compensation as may be determined under The Expropriation Act to the owner and lessee of, and any other person who has an interest in, the land.

Agreements for compensation

7(3)        Subject to subsection (6), the traffic authority may enter into an agreement with the owner of any lands or an interest in lands whose ownership, rights, or privileges, are affected by action taken under subsection (2) for compensating him for loss or inconvenience suffered by him, or for damage to his property, by reason of that action.

Arbitration

7(4)        Where the traffic authority is unable to make an agreement with any person as provided in subsection (3), the matter shall be submitted to arbitration; and, where the traffic authority is the minister, section 29 of The Highways and Transportation Act applies thereto.

Allowance for compensatory work

7(5)        Where

(a) the traffic authority enters into an agreement under subsection (3); or

(b) a matter is submitted to arbitration as provided in subsection (4); or

(c) the traffic authority closes an entrance to, or an exit from, a highway under subsection (2); or

(d) land or an interest therein is acquired for the purpose of giving effect to the recommendation made under subsection (2);

in fixing the amount of any compensation, allowance shall be made for any means of access constructed under subsection (2) or subsection 8(3).

No compensation where service road provided

7(6)        Where an entrance to, or an exit from, a limited access highway is closed under subsection (2), and the other means of access to and from the highway constructed under subsection (2) is a service road that has an exit from, and an entrance to, that limited access highway, no compensation for loss of access shall be paid or is payable to the owner of any land or interest in land from which access to the service road is available.

S.M. 2000, c. 35, s. 48.

Terminating right of access

8(1)        Subject to subsection 7(1), where a highway becomes a limited access highway, any right of access to or from the limited access highway ceases; and no person is entitled as of right to access to or from the limited access highway from or to the land adjacent or contiguous thereto.

No compensation arising from highway becoming a limited access highway

8(2)        Subject to subsection (3), no compensation shall be paid or is payable to an owner of, or any person having an interest in, land contiguous or adjacent to a highway solely by reason of the fact that the highway has become a limited access highway and there is no longer a right of access from the land to that highway.

Construction of compensatory works

8(3)        Where, by reason of a highway becoming a limited access highway, an owner of land contiguous or adjacent to the limited access highway loses his right of access thereto, the traffic board may recommend to the traffic authority that the traffic authority construct a means of access to the highway; and, on such a recommendation, the traffic authority may construct such means of access to the highway, including roadways parallel to it and other works as to the traffic authority seems reasonable under the circumstances.

Application for permit for access

9(1)        The traffic authority of a limited access highway, or a municipality within which a limited access highway is situated, or the owner or lessee of, or any person having an interest in, land adjoining a limited access highway, may apply to the traffic board for a permit to construct, relocate or change the use of an entrance to, or an exit from, or both an entrance to and an exit from, the limited access highway.

Notice of application

9(2)        The traffic board shall not issue a permit for which application is made under subsection (1) unless it gives notice of the application, and of the time when and the place at which it will be heard,

(a) in writing

(i) to the applicant;

(ii) to the traffic authority of the highway in respect of which the application is made;

(iii) to the council of the municipality in which the highway is situated;

(iv) if there is a planning authority for the municipality, to that planning authority; and

(v) if the applicant is not the registered owner of the land in respect of which the application is made, to the registered owner of the surface of the land;

at least one week prior to the date on which the application is to be heard;

(b) in a newspaper of general circulation in the locality in which the highway in respect of which the application is made is situated, at least one week prior to the date on which the application is to be heard; and

(c) in The Manitoba Gazette prior to the date on which the application is to be heard.

Abridgement of notice

9(3)        Notwithstanding subsection (2), where in the case of any application for a permit made under subsection (1) the traffic board is satisfied that

(a) the application is urgent; and

(b) notice of the application and of the hearing of the application has been given to each person or body required by clause (2)(a) to receive notice, and no other person or body within the knowledge of the board has any interest in the granting or refusal of the permit;

the traffic board may

(c) if each person or body required by clause (2)(a) to receive notice consents, abridge the period of notice required under that clause; and

(d) dispense with giving of notice as required under clauses (2)(b) and (c).

PART II

FREEWAYS

Restriction on construction

10(1)       Subject to section 13, where a highway or a part thereof has been designated as a freeway, no person shall construct or maintain any entrance thereto from any other road or driveway or from any adjoining land, or an exit therefrom to any other road or driveway or to any adjoining land.

Restriction on access

10(2)       Subject to section 13, no person shall enter or leave, or attempt to enter or leave, or bring a vehicle onto, or take a vehicle from, a freeway except at an entrance or exit constructed as part of the freeway by the traffic authority thereof.

Designation of freeway

11(1)       The Lieutenant Governor in Council may designate a provincial highway, or a part thereof, as a freeway.

Municipal designation

11(2)       A municipality may, by by-law, designate any highway, or proposed highway, of which the municipality or the corporation, as the case may be, is or will be the traffic authority, or a part thereof, as a freeway.

Procedure on designation of freeway

11(3)       Where a highway or a proposed highway has been designated as a freeway, the traffic authority thereof shall forthwith prepare plans for the highway to be constructed or developed from an existing state to standards of a four-lane divided paved highway with a centre median separating traffic travelling in opposite directions, and including such interchanges, entrances, and exits as may be deemed by the traffic authority to be necessary to eliminate level grade crossings and left-hand turning movements through oncoming traffic; and shall in addition prepare plans for such service roads as may be deemed by the traffic authority to be necessary to service lands adjacent or contiguous to the freeway.

Right of access to freeway

12(1)       No person is, as of right, entitled to access to or from a freeway from or to land adjacent or contiguous thereto.

Effect of designation of freeway

12(2)       Where an existing highway is designated as a freeway, the traffic authority thereof, without the consent of the owner or occupant of, or any person having an interest in, land adjacent or contiguous to the freeway, may close any entrance, exit, or means of access to or from the freeway.

Compensation for closing access, etc.

12(3)       Subject to subsection (6), upon a highway being designated as a freeway, the traffic authority shall pay such compensation as may be determined under The Expropriation Act to the owner of, and any other person who has an interest in, land adjacent or contiguous to the freeway for the closing of any entrance, exit, or means of access to or from the freeway from or to the land and the loss of right to access to or from the freeway from or to the land.

Agreements for compensation

12(4)       Subject to subsection (6), the traffic authority may enter into an agreement with the owner of, or any person having an interest in, land adjacent or contiguous to a freeway for compensating him for loss suffered by him or for damage to his property by reason of the designation of the freeway.

Arbitration

12(5)       Where the traffic authority is unable to make an agreement with a person as provided in subsection (4), the matter shall be submitted to arbitration; and, where the traffic authority is the minister, section 29 of The Highways and Transportation Act applies thereto.

Allowance for service roads, etc.

12(6)       Where

(a) the traffic authority enters into an agreement under subsection (4); or

(b) a matter is submitted to arbitration as provided in subsection (5);

in fixing the amount of any compensation, allowance shall be made for any service road, interchange, entrance or exit constructed or to be constructed by the traffic authority in connection with the freeway.

S.M. 2000, c. 35, s. 48.

Access to service road

13(1)       Where a highway is designated as a freeway and service roads are constructed as part thereof or in conjunction therewith, the owner of, or any person having an interest in, land adjacent or contiguous to the freeway, may, with the consent of the traffic authority, construct and use an access to and from the service road from and to the land at a point on the service road fixed by the traffic authority.

Temporary permits for access

13(2)       Where a highway that has been designated as a freeway and that is open to the public for vehicular traffic has not been wholly constructed or developed to the standards of the plans therefor prepared under subsection 11(3), the traffic authority thereof, in its absolute discretion, may issue a written temporary permit to the owner of or person having an interest in land adjacent or contiguous to the freeway,

(a) to maintain temporarily any means of access between the freeway and the land that existed at the time the highway was designated as a freeway; or

(b) to construct for temporary use a means of access between the freeway and the land;

and notwithstanding any other provision of this Part, the owner or occupier of the land and any other person with the consent, express or implied, of the owner or occupier of the land, may, until the permit is cancelled, enter or leave, or bring vehicles onto or take vehicles from, the freeway by that means of access.

Cancellation of permit

13(3)       The traffic authority of a freeway may, in its absolute discretion, cancel any permit issued under subsection (2).

No compensation on cancellation of permit

13(4)       No compensation shall be paid or be payable to the owner or occupier of land in respect of which a permit has been issued under subsection (2) or to any person who has an interest therein solely by reason of the cancellation of the permit.

Appointment of issuer of permits

13(5)       A traffic authority of a freeway may appoint a person to issue temporary permits under subsection (2) in respect of a freeway.

PART III

CONTROLLED AREAS

Limitation on structures in controlled areas

14(1)       No person shall erect or locate a structure within a controlled area unless the person

(a) holds a permit for that purpose; or

(b) is posting a notice under authority of section 170 of The Planning Act.

Additions in controlled areas prohibited

14(2)       No person shall make additions to, relocate or rebuild a structure that is situated on land within a controlled area unless he holds a valid and subsisting permit for that purpose.

Changing use of structures

14(3)       No person shall change the use to which a structure that is situated on land within a controlled area is put unless he holds a valid and subsisting permit for that purpose.

Limitation on maintenance, etc., of structures in controlled areas

14(4)       No person shall occupy, maintain, or use any structure that has been erected, constructed, reconstructed, or to which an addition has been made, or the use of which has been changed, in contravention of subsection (1), (2), or (3).

Repairs permitted

14(5)       Nothing in this section prohibits the owner or occupant of a structure situated on land within a controlled area from making reasonable and necessary repairs to the structure.

Signs, etc., permitted

14(6)       Nothing in this section prohibits the occupant of land within a controlled area from erecting therein a post box, name sign, or other erection that, in respect of type, specifications and location, complies with the regulations made in respect thereof or section 170 of The Planning Act.

S.M. 1998, c. 39, s. 73; S.M. 2005, c. 30, s. 213.

Application for control lines

15(1)       The traffic authority for a limited access highway or a freeway, or a municipality in which a limited access highway or a freeway is situated, or the owner or person having an interest in land adjacent to a limited access highway or a freeway, may apply to the board to establish control lines in relation thereto and on either or both sides thereof, or to remove the control lines in relation thereto.

Establishment of control lines

15(2)       Upon application made under subsection (1), or without receiving an application and on its own initiative, the traffic board may, by regulation, specifically establish control lines in relation to, and on either or both sides of a limited access highway or a freeway, or a part thereof, or remove the control lines in relation to, and on either or both sides of, a limited access highway or freeway, or a part thereof.

Limitation on actions re control lines

15(3)       The traffic board shall not make a regulation under subsection (2) in respect of a limited access highway or a freeway, or a part thereof, unless

(a) it has held a public hearing at which

(i) all persons who own, or have an interest in, land situated within the controlled area that would result in the establishment of the control line, or within the area that would cease to be within a controlled area as a result of the removal of the control line;

(ii) the traffic authority for the highway;

(iii) the council of the municipality in which the highway is situated;

(iv) if there is a planning authority for the municipality, that planning authority; and

(v) the Minister of Local Government or officers or members of the Department of Local Government;

are permitted to appear and make submissions with respect to the establishment or removal of the control line; and

(b) it has given notice of its intention to establish or remove, or the application for the establishment or removal of, the control line,

(i) in writing to the Minister of Local Government, to the traffic authority for the highway, and to the municipality in which the highway is situated at least two weeks prior to the date of the hearing;

(ii) in a newspaper of general circulation in the locality in which the highway is located at least one week prior to the date of the hearing; and

(iii) in The Manitoba Gazette prior to the date of the hearing.

Maximum control lines

15(4)       The traffic board shall not establish a control line in relation to a limited access highway or a freeway that is, except at the intersection thereof with another highway, more than 250 feet from the edge of the right-of-way thereof, and at any such intersection more than 1,500 feet from the point of intersection of the centre lines of the highways.

S.M. 1993, c. 48, s. 67; S.M. 2000, c. 35, s. 48; S.M. 2004, c. 42, s. 68; S.M. 2008, c. 42, s. 46; S.M. 2010, c. 33, s. 78.

Effect of creation of controlled areas

16(1)       The creation of a controlled area, whether by reason of a highway becoming a limited access highway or by reason of the traffic board establishing a control line, does not affect the use of any structure situated within the controlled area for the purposes for which it is used at the time the control area is created.

No compensation on creation of controlled area

16(2)       No compensation shall be paid, or is payable, to the owner of, or any person having an interest in, land within a controlled area solely by reason of the fact that the area has become a controlled area and there are restrictions on the future uses of the land and on the erection and construction of structures thereon.

Permit to construct, etc.

17(1)       Any owner or lessee of, or a person having an interest in, land situated within a controlled area may apply to the traffic board for a permit to erect, construct, reconstruct, or make an addition to a structure on the land, or to change the use of the land or the use to which any structure situated on the land is put.

Notice of application

17(2)       The traffic board shall not issue a permit for which application is made under subsection (1) unless it gives notice of the application and the time when, and the place at which, it will be heard,

(a) in writing

(i) to the applicant;

(ii) to the traffic authority of the highway in relation to which the controlled area is situated;

(iii) to the council of the municipality in which the land in respect of which the application is made is situated;

(iv) if there is a planning authority for the municipality, to that planning authority; and

(v) if the applicant is not the registered owner of the land in respect of which the application is made, to the registered owner of the surface of the land;

at least one week prior to the date on which the application is to be heard;

(b) in a newspaper of general circulation in the locality in which the land in respect of which the application is made is situated, at least one week prior to the date on which the application is to be heard; and

(c) in The Manitoba Gazette prior to the date on which the application is to be heard.

Abridgement of notice

17(3)       Notwithstanding subsection (2), where in the case of any application for a permit made under subsection (1) the traffic board is satisfied that

(a) the application is urgent; and

(b) notice of the application and of the hearing of the application has been given to each person or body required by clause (2)(a) to receive notice, and no other person or body within the knowledge of the board has any interest in the granting or refusal of the permit;

the traffic board may

(c) if each person or body required by clause (2)(a) to receive notice consents, abridge the period of notice required under that clause; and

(d) dispense with giving of notice as required under clauses (2)(b) and (c).

PART IV

GENERAL

Regulations

18(1)       For the purpose of carrying out the purposes and objects of this Act according to their intent, the traffic board may make such regulations as are ancillary thereto and not inconsistent with any provision of this Act; and every regulation made under, and in accordance with the authority granted by this section, has the force of law; and, without restricting the generality of the foregoing, the traffic board may make regulations,

(a) designating any highway other than a freeway, or a part thereof, as a limited access highway;

(b) declaring that a provincial trunk highway, or a part thereof, is not a limited access highway;

(c) specifically establishing a control line in relation to, and on either side or both sides of, a limited access highway or freeway or a part thereof, or establishing a control line in relation to, and on all sides or any side of, an intersection of a limited access highway or freeway or any other highway;

(d) regulating the design, plan, location and construction of

(i) any entrance to, or exit from, a limited access highway, for the construction of which a permit has been issued;

(ii) any structure for the construction or erection of which in a controlled area a permit has been issued;

(e) fixing terms and conditions subject to which all permits issued under this Act shall be issued;

(f) providing for the issue and form of permits issued under this Act;

(g) prescribing the types of, and specifications for, post boxes, name signs, and other erections that may be erected in a controlled area by the occupants of land therein without a permit and prescribing the locations at which such post boxes, name signs, and other erections may be erected;

(h) prescribing rules of procedure of the traffic board.

Regulation applying to part of province

18(2)       The traffic board may make a regulation apply to part of the province.

Use of maps

18(2.1)     In a regulation under this section, a limited access highway or a control line is sufficiently described if its location is indicated on a map adopted or incorporated by reference in the regulation.

Effective date

18(3)       Where the traffic board makes a regulation designating a highway as a limited access highway or specifically establishing a control line in relation to a limited access highway, the regulation comes into force on the date it is filed under The Statutes and Regulations Act; but it ceases to be in force and to have effect

(a) where an appeal is taken against the regulation within the period fixed herein for such an appeal

(i) if the regulation is quashed on the appeal, on the date on which the appeal is determined; or

(ii) if the regulation is sustained on appeal, upon the expiration of sixty days after the date on which the appeal is determined unless before the expiration of such sixty days, the Lieutenant Governor in Council confirms it; or

(b) where no appeal is taken against the regulation within the period fixed herein for such an appeal, upon the expiration of sixty days after the date on which the period for appeal expires, unless before the expiration of such sixty days the Lieutenant Governor in Council confirms it.

S.M. 1988-89, c. 15, s. 13; S.M. 2013, c. 39, Sch. A, s. 60.

Regulations by L.G.C.

18.1(1)     Notwithstanding anything in this Act, the Lieutenant Governor in Council may by regulation made on or before December 31, 1988

(a) designate a highway or a part thereof as a limited access highway; and

(b) specifically establish

(i) a control line in relation to, and on either or both sides of, a limited access highway or a part thereof of not more than 250 feet from the edge of the right-of-way; and

(ii) at an intersection of two limited access highways or a limited access highway and another highway, a control line of not more than 1500 feet from the point of intersection of the centre lines of the highways.

Use of maps

18.1(2)     Subsection 18(2.1) applies to a regulation made under subsection (1).

Repeal of traffic board regulations

18.1(3)     A regulation made under subsection (1) may amend or repeal a regulation made by the traffic board under this Act.

Authority after December 31, 1988

18.1(4)     A regulation made under subsection (1) shall after December 31,1988 be deemed to have been made by the traffic board.

Validation

18.1(5)     The regulation entitled "Control Lines Establishment and Limited Access Designations Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.

S.M. 1988-89, c. 15, s. 14.

Regulation by L. G. in C.

19          The Lieutenant Governor in Council may, by regulation, prescribe fees to be charged in respect of applications for permits made under this Act and for permits issued under this Act.

Conditions of permits

20(1)       In issuing a permit under Part I or III, the traffic board may make the permit subject to such terms and conditions not inconsistent with this Part or the regulations as it may prescribe.

Expiry of permit

20(2)       In issuing a permit under Part I or III, the traffic board may fix a date upon which the permit expires, and if the permittee has not commenced the work authorized by the permit before the date so fixed, the permit expires and is no longer in force or effect.

Temporary access

20(3)       The traffic board may, notwithstanding any other provision of this Act, without giving any notice or holding any hearing, issue a permit under Part I for a temporary entrance to, or access from, a limited access highway, and as a condition to the permit, the board may require that the entrance or exit be removed before a certain date, or upon the happening of a certain event, or upon the occurrence of certain circumstances.

Temporary structures

20(4)       The traffic board may, notwithstanding any other provision of this Act, without giving any notice or holding any hearing, issue a permit under Part III for a temporary structure, and as a condition to the permit, the board may require that the structure be removed before a certain date, or upon the happening of a certain event, or upon the occurrence of certain circumstances.

Appeal from designation of limited access highways, etc.

21(1)       Where the traffic board

(a) has designated a highway as a limited access highway; or

(b) has declared that a provincial trunk highway is not a limited access highway; or

(c) has established a control line in relation to a highway or an intersection;

the traffic authority for the highway, the council of the municipality in which the highway is situated, or the owner or lessee or other person having an interest in land adjoining the highway or situated within the controlled area resulting from the establishment of a control line, or within the area so designated, may, within thirty days of the date on which the regulation came into force, appeal the designation, declaration, or establishment to The Public Utilities Board, and shall give such notice of the appeal, to such persons, and in such manner, as The Public Utilities Board may direct.

Appeal to issue of permit

21(2)       Where the traffic board has issued a permit to construct an entrance to, or exit from, a limited access highway, or to erect, construct, reconstruct, or to make additions to, a structure situated on land within a controlled area, or to change the use of the land or the use to which a structure in a controlled area is put, the traffic authority for the highway or the municipality within which the highway or controlled area is situated, or the owner or lessee or other person having an interest in the land in respect of which the permit is issued, may, within thirty days of the date upon which the permit is issued, appeal the issue of the permit to The Public Utilities Board, and shall give such notice of the appeal to such persons, and in such manner, as The Public Utilities Board may direct.

Appeal on refusal of traffic board to act

21(3)       Where, upon application therefor, the traffic board refuses

(a) to designate a highway as a limited access highway; or

(b) to declare that a provincial trunk highway is not a limited access highway; or

(c) to establish a control line in relation to a limited access highway or an intersection; or

(d) to issue a permit;

the applicant or the owner or lessee or other person having an interest in the land in respect of which an application for a permit is made therefor may, within 30 days of the date upon which the applicant receives notice by registered mail that his application was refused, appeal the matter to The Public Utilities Board, and shall give such notice of the appeal to such persons, and in such manner, as The Public Utilities Board may direct.

Hearing de novo

21(4)       An appeal to The Public Utilities Board under this section shall be a hearing de novo.

Decision of Public Utilities Board final

21(5)       Subject to section 58 of The Public Utilities Board Act, the decision of The Public Utilities Board in an appeal under this section is final and binding upon all persons; and where, on an appeal taken against the regulation or the issuance of a permit, The Public Utilities Board quashes the regulation or the permit, the traffic board shall not, for a period of one year from the date on which the appeal is determined, make a regulation or issue a permit that is the same, or to a like effect as the regulation or permit that was quashed unless the traffic board is satisfied that the circumstances existing at the time the regulation or permit was quashed have changed materially.

Offence

22(1)       Every person who disobeys, or fails, neglects, or omits, to observe any provision of this Act or the regulations, is guilty of an offence and is liable, on summary conviction, if a corporation, to a fine not exceeding $1,000., and, if an individual, to a fine not exceeding $200., or to imprisonment for a period not exceeding 30 days.

Failure to observe term of permit

22(2)       Every person who disobeys, or fails, neglects, or omits, to observe any term or condition of a permit issued under this Act is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100.

Cancellation or suspension

23(1)       In addition to and not in substitution for any penalty that may be imposed under section 22, the traffic board may cancel, or suspend for a stated period or until a condition has been met, the permit of any person who disobeys, fails, neglects or omits to observe any provision of this Act or the regulations or a term or condition of the permit.

Removal of unauthorized access

23(2)       Where the owner or occupier of land or any other person has constructed or placed any access as defined in this Act, upon a limited access highway without authorization of the traffic board, the board may order removal of that access within such time as may be set out in the order.

Removal of unauthorized structure

23(3)       Where the owner or occupier of land, or any other person has constructed, erected, placed, stored either above or below ground, any structure within a controlled area without authorization of the traffic board, the board may order removal of the structure within such time as may be set out in the order.

Notice of hearing

23(4)       Before cancelling or suspending a permit under subsection (1) or issuing an order under subsection (2) or (3), the traffic board shall give the owner or occupier or other person at least 30 days notice in writing that it intends to cancel or suspend the permit or issue a removal order, as the case may be, and fix a date in the notice on which the owner, occupier or other person may appear before the traffic board for a hearing with or without counsel, to show cause why the cancellation or suspension ought not to be made or the removal order not issued.

Action by traffic board

23(5)       After the conclusion of the hearing under subsection (4) the traffic board may

(a) cancel the permit; or

(b) suspend the permit for a stated period or until a condition is met; or

(c) issue the order for the removal of the access or structure;

as the case may require.

Continued offence

24          Where a person commits an offence under this Act or the regulations and the offence continues during more than one day, the person offending is, for each day during which the offence continues, guilty of a further offence and may be convicted therefor, and is liable to the same punishment as for the original offence for each day during which the offence continues.

Failure to comply with board order

25          Where within such time as may be set out in an order of the traffic board under subsection 23(5), the owner, occupier or other person fails, refuses or neglects to remove the access or structure, the traffic board may remove or cause the access or structure to be removed; and the cost of the removal is a debt due and payable by the owner, occupier or other person to the board and may be recovered by the traffic board in any court of competent jurisdiction.

Plans, maps, etc., as evidence

26(1)       In a prosecution for an offence under this Act, or in an action brought to enforce any provision of this Act,

(a) a plan of survey certified as correct by a qualified member of the Association of Manitoba Land Surveyors or by a qualified member of the Association of Professional Engineers of the Province of Manitoba; or

(b) a plan or map made from an aerial survey and certified as correct by a qualified member of the Association of Manitoba Land Surveyors or by a qualified member of the Association of Professional Engineers of the Province of Manitoba; or

(c) a photograph, certified as to the date on which it was taken, and the location at which it was taken, by the person taking the photograph and by

(i) a qualified member of the Association of Manitoba Land Surveyors; or

(ii) a qualified member of the Association of Professional Engineers of the Province of Manitoba;

is admissible in evidence as prima facie proof of the matters contained therein or shown thereby.

Certificate of secretary of traffic board

26(2)       In any prosecution for an offence under this Act or in any action brought to enforce any provision of the Act, or in any proceeding under this Act, a certificate of the secretary of the traffic board as to whether a permit has or has not been issued or renewed is prima facie proof of the matters certified therein.

Power of entry

27(1)       For the purpose of investigating any matter relating to a permit or an application for a permit, a member of the staff of the traffic board may, with the written authorization of the chairman or another member of the traffic board, at any reasonable hour and with or without the consent of the holder of the permit or the applicant, enter upon the land or premises of the holder of the permit or the applicant and there make such inspection as he deems necessary.

Interference prohibited

27(2)       No person shall obstruct, hinder or interfere with any member of the staff of the traffic board making an entry or inspection under subsection (1).

Issue of permit to public utility

28          Notwithstanding anything in this Act to the contrary, the traffic board may without a hearing issue a permit for the relocation of any facilities of a public utility, where the relocation is made necessary by the reconstruction or repair of a highway.

No further notice required

29(1)       Where pursuant to any provision of this Act, the traffic board is required to hold a public hearing and to give notice of the hearing, if it gives the notice in the manner required by the Act, that notice shall be deemed to be sufficient for all purposes under this Act; and notwithstanding any other law or rule, the traffic board is not required to give to any person or authority any other form of notice of the hearing.

Previous acts validated

29(2)       Anything done or any action taken by the traffic board with respect to the establishment of control lines prior to the coming into force of this Act is hereby validated and shall not be open to question or challenge by any court in Manitoba.