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Extinguishment of Public Highways Procedure Regulations
made under subsection 18(1A) of the
Public Highways Act
R.S.N.S. 1989, c. 371
O.I.C. 2010-106 (March 9, 2010, effective March 15, 2010), N.S. Reg. 43/2010
1 These regulations may be cited as the Extinguishment of Public Highways Procedure Regulations.
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.