.png){kind=small}
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 |