First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 40

AN ACT TO AMEND THE

WORKS, SERVICES AND TRANSPORTATION ACT

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

AL HAWKINS

Minister of Transportation and Works

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Works, Services and Transportation Act

to allow the minister to charge a fee for highway access permits.

A BILL

AN ACT TO AMEND THE WORKS, SERVICES AND

TRANSPORTATION ACT

Analysis

S.9 Amdt.

Licences to use highway

S.59.1 Added

Fees and forms

SNL2012 c18 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1995 cW-12

as amended

1. (1) Subsection 9(1) of the Works, Services and Transportation Act

is repealed and the following substituted:

Licences to use

highway

(1) Where

a person owns or occupies property adjoining the boundary line of a highway,

the minister may, upon payment of the prescribed fee, issue to that person, and

his or her successors in title, a licence to use, occupy, and if desired,

improve a portion of land forming part of the highway between the boundary of

the highway and the roadway for a purpose which the minister considers

desirable.

(2) Subsection 9(3) of the Act is repealed and the

following substituted:

(3) A licence issued under this

section shall be

expressed to be given, continuing and terminable at the absolute will of the

Crown, and no licence shall by passage of time however long, or by a payment,

or by a waiver or other event in law or by reason of an expenditure on the part

of the licensee or his or her successors in title or otherwise, create a right

in the licensee or his or her successors in title, or a claim or right of

action against the Crown, other than the right to occupy and improve within the

terms of the licence.

2. The Act is amended by adding immediately after

section 59 the following:

Fees and forms

59.1 The

minister may set fees and establish forms for the purpose and administration of

this Act and the regulations.

SNL2012 c18 Amdt.

Section 3 of

An Act to Amend the Works, Services and Transportation Act is

repealed.

Commencement

4. This Act comes into force on January 1, 2017.

Queen's Printer