This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
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Median Crossing Regulations

made under subsection 112(2A) of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

N.S. Reg. 233/2009 (effective June 4, 2009)

amended to N.S. Reg. 139/2021 (effective October 26, 2021)



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Citation

Definitions

Vehicles exempt from clause 112(1)(b) of Act


 


Citation

1        These regulations may be cited as the Median Crossing Regulations.


Definitions

2        In these regulations,

 

“approved agency” means a municipality, Atlantic Highways Management Corporation Ltd., Dexter Nova Alliance GP or the Halifax-Dartmouth Bridge Commission;

 

“construction vehicle” means a vehicle that is used to provide construction or maintenance services on a highway and is owned by a person that has an agreement with the Department or an approved agency to provide construction or maintenance services on a highway;

 

“Department” means the Department of Transportation and Infrastructure Renewal;

 

“snow and ice control vehicle” means a vehicle that is used to aid in the removal of snow or ice from a highway and is owned by a person that has an agreement with the Department or an approved agency to aid in the removal of snow or ice from a highway;

 

“traffic management plan” means a plan approved by the traffic authority for managing traffic during construction or maintenance on a highway.


Vehicles exempt from clause 112(1)(b) of Act

3        (1)    Subject to the limitation in subsection (2), on a highway that is divided into two separate roadways by a median, any of the following vehicles may be driven from one roadway to the other roadway in an area other than an intersection, and clause 112(1)(b) of the Act does not apply:

 

                   (a)      a vehicle that is being operated by a person during the course of their duties, if the person is any one of the following:

 

                              (i)      a conservation officer appointed under an enactment,

 

                              (ii)     an inspector appointed under Section 34 of the Motor Carrier Act,

 

                              (iii)    a fishery officer or fishery guardian designated under subsection 5(1) of the Fisheries Act (Canada),

 

                              (iv)    an officer designated under subsection 12(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada),

 

                              (v)     a game officer designated under subsection 6(1) of the Migratory Birds Convention Act, 1994 (Canada),

 

                              (vi)    an enforcement officer designated under subsection 85(1) of the Species at Risk Act (Canada),

 

                              (vii)   a wildlife officer designated under Section 11 of the Canada Wildlife Act (Canada);

 

                   (b)     a vehicle that is being used for highway maintenance by an employee of an approved agency

 

                              (i)      on a highway that the approved agency is responsible for maintaining, and

 

                              (ii)     in accordance with the employee’s duties;

 

                   (c)      a snow and ice control vehicle that is being operated to aid in the removal of snow or ice from a highway under the agreement between its owner and the Department or an approved agency;

 

                   (d)     a construction vehicle that is moving from a closed lane adjacent to the median in one roadway to a closed lane adjacent to the median in the other roadway in accordance with a traffic management plan and while it is being operated under the agreement between its owner and the Department or an approved agency.

 

          (2)    A vehicle referred to in subsection (1) must not be driven from one roadway to the other unless the median has been specifically designed to allow a vehicle to be driven across it.




 

 


Legislative History
Reference Tables

Median Crossing Regulations

N.S. Reg. 233/2009

Motor Vehicle Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Median Crossing Regulations made under the Motor Vehicle Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

233/2009

Jun 4, 2009

date specified

Jun 19, 2009

46/2021

Mar 12, 2021

date filed

Mar 26, 2021

139/2021

Oct 26, 2021

date specified

Nov 5, 2021

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

2........................................................

am. 139/2021 (clause lettering removed)

2, defn. of “approved agency”..........

am. 139/2021

3(1)(a)...............................................

rs. 46/2021

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The reference to the Department of Natural Resources in Section 3(1)(a) should be read as a reference to the Department of Lands and Forestry in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376. (Corrected by N.S. Reg. 46/2021)

Jul 5, 2018

2

The reference to the Department of Transportation and Infrastructure Renewal in s. 2(c) should be read as a reference to the Department of Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act, R.S.N.S. 1989, c. 376.

Feb 23, 2021

3

The reference to the Department of Transportation and Infrastructure Renewal in s. 2(c) should be read as a reference to the Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.

 

 

 


Webpage last updated: 05-11-2021