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S.M. 1992, c. 38: Table of Contents

S.M. 1992, c. 38

The Highways Protection and Consequential Amendments Act

PART 1
INTERPRETATION
1(1) Definitions
(2) Interpretation of "without modification or expansion"
(3) Reference to "Act" includes regulations
2(1) Application
(2) Act binds the Crown
PART 2
HIGHWAY CONNECTIONS, CONTROL OF ACCESS AND DEVELOPMENT ADJACENT TO LIMITED ACCESS HIGHWAYS
ABROGATION OF COMMON LAW RIGHTS
3(1) Common law rights abrogated
(2) No right to compensation
REGULATIONS
4(1) Regulations
(2) Reference to traffic board
(3) Effect of change in right-of-way on designation under subclause (1)(b)(I)
(4) Effect of change in right-of-way on designation under subclause (1)(b)(iii)
(5) Regulations classifying developments, trees and signs
(6) Regulation re section 41
HIGHWAY CONNECTIONS
5 Consent of minister required
PERMITS
6 Prohibition re entering and leaving limited access highway
7 Prohibition re constructing means of access
8(1) Permits for means of access
(2) Permits for developments, trees and on-premises signs
(3) Permits for off-premises signs
(4) Scope of permit for access or development
(5) Scope of permit for sign
(6) Expiry and terms and conditions of permits
(7) Transfer of permit
9(1) Cancellation of permits by minister
(2) Cancellation of permit by traffic board
10(1) Right to appeal
(2) Contents of notice of right to appeal
(3) Failure to appeal
CLOSURE AND REMOVAL OR RELOCATION OF LAWFUL ACCESSES BY MINISTER
11(1) Closure or alteration by minister
(2) No compensation re clause (1)(a) or (b)
(4) No compensation re clause (1)©)
(5) Compensation subject to permit
(6) Claim to be filed
(7) Failure to agree on compensation
PART 3
ENFORCEMENT
12(1) Inspectors
(2) Certificate to be furnished
(3) Certificate to be produced
13(1) Powers of inspectors
(2) Entry to dwellings
(3) Warrant to enter
(4) Carrying out of warrant
(5) Assistance to inspectors
(6) Obstruction of inspectors
REMOVAL OR ALTERATION OF UNLAWFUL ACCESSES, DEVELOPMENTS, TREES AND SIGNS
14(1) Definition
(2) Minister's order
(3) Form and service of order
(4) Minister's powers on default
(5) Sale of salvage
(6) Recovery of costs
(7) Right of contribution
(8) Offence
REMOVAL OF UNSIGHTLY OR DANGEROUS DEVELOPMENTS AND SIGNS
15(1) Definition
(2) Application of section
(3) Minister's order
(4) Contents of order
(5) Form and service of order
(6) Minister's powers on default by owner
(7) Sale of salvage
(8) Recovery of costs
(9) Application to Court of Queen's Bench
(10) Right of contribution
16 Delegation of minister's powers to traffic board
PART 4
HIGHWAY TRAFFIC BOARD
17 Definition
18(1) Traffic board continued
(2) Tenure of office
19 Functions of traffic board
20(1) Designation of officers
(2) Functions of vice-chairperson
(3) Interim officers
21(1) Remuneration of members
(2) Expenses of members
22(1) Quorum
(2) Majority decisions
(3) Loss of quorum during meeting
23 When hearing required
24(1) Hearings on appeal under section 10
(2) Minister entitled to be heard
25 Powers of traffic board on appeal
26(1) Powers under Part V of Evidence Act
(2) Evidence
27(1) Inquiries by single members
(2) Decision of traffic board
28 Rules of practice or procedure
29 Use of civil servants
30(1) Special advisors
(2) Remuneration
PART 5
GENERAL
EVIDENCE
31 Certificate to be admitted
OFFENCES AND PENALTIES
32(1) Offences
(2) Penalties
(3) Limitation of action
33 Order for compliance
IMMUNITY FROM ACTION
34(1) Immunity
(2) Crown not relieved of liability
35 Compellability of witness
PART 6
MISCELLANEOUS
TRANSITIONAL
36 Definitions
37(1) Preservation of rights under permits
(2) Exceptions
(3) Access and development permits under C.C.S.M. c. H40
(4) Access and development permits under former Act
(5) Sign permits under C.C.S.M. c. H40
38 Preservation of right to maintain access
39 Preservation of right to maintain development or sign
40 Preservation of right to maintain trees etc.
41(1) Application of Act to illegal signs
(2) Permits respecting signs
(3) Scope of permit
(4) Expiry and terms and conditions of permit
(5) Deemed compliance
42(1) Definition
(2) Regulations under former Act repealed
(3) Pending applications for designating of highways and establishing control lines
(4) Applications for permits under the previous Act
(5) Appeals in progress under previous Act
(6) Appeals commenced under previous Act
43(1) Application under C.C.S.M. c. H40, s. 8(3)
(2) Application under C.C.S.M. c. H40, s. 14(1) and (3)
CONSEQUENTIAL AMENDMENTS
44(1)
(2)
(2) Restriction on compensation under other Acts
(2.1) Compensation for accesses
(2.2) Compensation subject to permit
45(1) C.C.S.M. c. H40 amended
(2)
(11) Exception
(3)
(4) Removal of trees etc.
(4)
46(1) C.C.S.M. c. O31 amended
(2)
(3)
(5) Application of subsections 45(2) and (3)
(4)
47(1) C.C.S.M. c. R30 amended
(2)
REPEAL, CITATION AND COMING INTO FORCE
48 Repeal of C.C.S.M. c. H50
49 C.C.S.M. reference
50 Coming into force