Procedure Regulations (N.S. Reg. 43/2010) (just regulations regs phextinguish.htm)
N.S. Reg. 43/2010
Nova Scotia — 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.
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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 (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
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
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.
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.