BILL NO. 57

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011



Government Bill



Private Ways Act
(amended)



The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations



First Reading: May 5, 2011

(Explanatory Notes)

Second Reading: May 6, 2011

Third Reading: May 12, 2011 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 authorizes a municipal council to make by-laws respecting the payment of compensation charged in respect of a grant of a right of way.

Clause 2 confirms that a grant of a right of way is not an expropriation for the purpose of the Expropriation Act.

Clause 3 provides that new Sections 29A and 36 of the Private Ways Act apply in respect of petitions made under that Act before or after the coming into force of this Act.

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An Act to Amend Chapter 358
of the Revised Statutes, 1989,
the Private Ways Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 358 of the Revised Statutes, 1989, the Private Ways Act, is amended by adding immediately after Section 29 the following Section:

2 Chapter 358 is amended by adding immediately after Section 35 the following heading and Section:

36 For greater certainty,

(a) an order, award or decision made or any other action taken pursuant to this Act is not an expropriation for the purpose of the Expropriation Act or at common law or otherwise; and

(b) the Expropriation Act does not apply to this Act or to any order, award, decision or any other action made or taken pursuant to this Act.

3 Sections 29A and 36 of the Private Ways Act apply with respect to an order, award or decision made or any other action taken with respect to a petition made pursuant to the Private Ways Act, whether the order, award or decision is or was made or the action is or was taken or whether the petition is or was made before or after the coming into force of this Act.

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