HIGHWAYS DEVELOPMENT AND PROTECTION AMENDMENT REGULATION
Highways Development and Protection Act
June 10, 2022
115/2022
For information only: Made by the Minister of Transportation (M.O. 26/22) on June 7, 2022 pursuant to sections 13 and 61 of the Highways Development and Protection Act. 1 The Highways Development and Protection Regulation (AR 326/2009) is amended by this Regulation. 2 Section 5 is amended by adding the following after subsection (3): (4) This section does not apply to a development in a rest area as defined in section 31. 3 Section 31 is amended (a) by repealing subsection (1) and substituting the following: Leasing of unused and closed highways 31(1) In this section and section 32, (a) "rest area" means an area that (i) is part of or adjacent to a highway, (ii) is on land owned by the Crown in right of Alberta, and (iii) is used or will be used for any of the following: (A) washrooms, parking, outdoor seating, indoor seating, small playgrounds and other amenities related to highway travel; (B) the retail sale of goods and services primarily related to highway travel, including fuel stations, restaurants and convenience stores; (b) "unused or closed highway" means a highway or a portion of a highway referred to in section 61(b) of the Act that is under the direction, control and management of the Minister. (b) by adding the following after subsection (2): (3) The Minister may lease an unused or closed highway in a rest area to a person for any of the following: (a) washrooms, parking, outdoor seating, indoor seating, small playgrounds and other amenities related to highway travel; (b) the retail sale of goods and services primarily related to highway travel, including fuel stations, restaurants and convenience stores. 4 Section 32 is amended (a) by repealing subsection (2)(a) and (b) and substituting the following: (a) describes the location of the unused or closed highway, (b) describes the proposed agricultural use or the proposed rest area use, and (c) contains any other information specified by the Minister. (b) in subsection (4) by striking out "a lease" and substituting "an agricultural lease". 5 The following is added after section 38: Expiry 39 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on June 1, 2025.