A right of way is adequate for access and road construction on Crown land, an easement is required if utility services are to be installed in addition to the roadway. Anyone requiring an easement or Right of Way must submit an application form.

Processing an application for a right of way or easement over Crown land involves a number of steps. The Department follows the steps below when processing a application for an easement or right of way:

1. A Crown Land Information Management Centre report is requested to determine if the area is Crown land and if there are any encumbrances or title issues related to the Crown land where the easement/right of way is proposed.


2. A report from the departmental Integrated Resource Management (IRM) team is requested. The IRM review identifies special land features, uses and resource values. This information assists the planning and decision making process.


3. Under the Mi'kmaq-Nova Scotia-Canada Consultation Terms of Reference, the Province consults with the Mi'kmaq of Nova Scotia regarding activities proposed for Crown land that could impact Aboriginal and Treaty rights. If the consultation process identifies issues that could impact the creation of the right of way or easement, the applicant may be required to pay for additional reviews of the property, for example, an archaeological survey and subsurface testing of the proposed right of way/easement. The cost of the additional review or testing is the responsibility of the applicant.


4. Overall decision-making with regard to Crown land recognizes and balances resource uses and values so that long term sustainable values are optimized, special land features and uses are protected, and conflicts minimized. The decision-making process brings together information gathered through consultation and the IRM review as well as other information to balance the economic, environmental and social requirements of society, rather than each working in isolation.