Extinguishment of Public Highways Procedure Regulations

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.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

made under subsection 18(1A) of the

Public Highways Act

R.S.N.S. 1989, c. 371

O.I.C. 2010-106 (effective March 15, 2010), N.S. Reg. 43/2010

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

Minister has authority to extinguish

Conditions on extinguishing

Executive Council notified of proposed extinguishment

Citation

1 These regulations may be cited as the Extinguishment of Public Highways Procedure Regulations.

Definitions

2 In these regulations,

(a) “Act” means the Public Highways Act;

(b) “Minister” means the Minister of Transportation and Infrastructure Renewal.

Minister has authority to extinguish

3 The Minister may extinguish the public’s right to use a highway or any part of a highway in accordance with these regulations.

Conditions on extinguishing

4 To extinguish the public’s right to use a highway or any part of a highway, the Minister must be satisfied that all of the following conditions are met:

(a) the highway is no longer required as part of the public highway system;

(b) the extinguishment will not result in any person losing access to their property.

Executive Council notified of proposed extinguishment

5 The Minister must notify the Executive Council in writing of any proposed extinguishment under these regulations at least 1 week before making the extinguishment.

Legislative History
Reference Tables

Extinguishment of Public Highways Procedure Regulations	N.S. Reg. 43/2010
Public Highways 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 Extinguishment of Public Highways Procedure Regulations made under the Public Highways Act includes all of the following regulations:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue
43/2010	Mar 15, 2010	date specified	Mar 26, 2010

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
..........................................................

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 Transportation and Infrastructure Renewal in s. 2(b) 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
2	The reference to the Department of Transportation and Infrastructure Renewal in s. 2(b) 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.