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Unauthorized Use or Occupation

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According to Section 63 of the Transportation Act, "A person must not use, occupy or construct/deposit anything to a highway, or to any land or improvement related to a highway, without written authorization from the minister, or as otherwise authorized by law."

If the Ministry believes that the highway is being used or occupied without authorization, staff take the following steps:

  • they notify the land owner or occupier where the problem exists
  • the notice specifies the action the responsible person must take, the date by which the situation is expected to be remedied, and the consequences of non-compliance
  • if the owner or occupier does not fix the problem, Ministry staff can enter land and carry out any remedial action required at the expense of the responsible person.

Police can also issue tickets or lay charges for specific offenses, including failure to comply with a notice to remedy a situation on the highway.