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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.