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 |