Minister's Control of Regional Transport and Access

Summary#

This bill does two main things. First, it reshapes Nova Scotia’s regional transportation agency and gives the Minister of Public Works new powers to direct transportation projects in and around Halifax. Second, it creates a time‑limited process to let builders get short‑term access to a neighbour’s land when needed to finish larger construction projects, with rules for notice, compensation, and safety.

Key changes and impacts:

• Renames the Joint Regional Transportation Agency to “Link Nova Scotia” and puts it under the Minister of Public Works, with a CEO and an advisory board.
• Lets the Minister order municipalities to build, change, or remove transportation infrastructure and send the bill to the municipality if it does not comply.
• Requires a regional transportation plan and says municipal transportation by-laws and policies must be reasonably consistent with it.
• Allows provincial rules on traffic by-laws, including electronic enforcement and traffic calming.
• Sets up “Temporary Access to Land” orders so builders of larger projects (not single-family homes or duplexes) can, with approval, access adjacent property when there is no reasonable alternative, with mandatory compensation and conditions.
• Access orders last up to one year at a time, can be renewed, and require land to be restored afterward; they cannot be used on provincial or Crown land.

What it means for you#

• Workers and commuters

  • You may see faster changes to roads, bridges, transit, and traffic rules in the Halifax area and nearby communities the Minister adds to the region.
  • Electronic traffic enforcement (like cameras) and traffic calming could expand if the Province sets new rules.

• Residents and property owners near projects

  • Transportation projects may move ahead more quickly, even if your municipality disagrees, because the Minister can order work to proceed.
  • If a neighbouring larger project needs temporary access to your land and you do not agree, the builder can apply to the Nova Scotia Regulatory and Appeals Board for an order. If granted, they must pay compensation up front, follow safety rules, and restore your land after.
  • Temporary access is limited to what the order allows, does not give the builder ownership rights, and ends after the set period (up to one year per order).

• Builders and developers

  • For larger projects (e.g., apartments, commercial buildings, hospitals), you can apply for a temporary access order if you cannot get consent from an adjacent owner and have no reasonable alternative.
  • You must show good‑faith efforts to get consent, align with provincial priorities, give notice, pay set compensation before access, and meet any conditions (like insurance or a damage deposit).
  • You are fully liable for any damage or injuries during access and must restore the property afterward.

• Municipalities

  • You must make your transportation by-laws and policies reasonably consistent with the approved regional transportation plan.
  • The Minister can order you to build, change, or remove infrastructure. If you do not act in the time given, the Province can do the work and charge you for it.
  • The Province does not have to notify the Nova Scotia Federation of Municipalities when taking actions under this Act.

• Agency employees and governance

  • Link Nova Scotia’s employees are not covered by the Civil Service Act or the Civil Service Collective Bargaining Act.
  • The agency and its assets are tax‑exempt. Advisory committees will include representatives from the Halifax Regional Municipality, the Port, the Airport, Halifax Harbour Bridges, the Atlantic Canada Opportunities Agency, and Public Works.

• Timing

  • The transportation changes take effect on a date set by the Province.
  • The Temporary Access to Land Act starts on a date set by the Province, but not before April 1, 2025. Key access provisions automatically expire three years after they start unless extended; existing orders at that time keep their effect.

Expenses#

Estimated annual cost: No publicly available information.

Proponents' View#

• A single agency with clear authority will speed up regional projects and reduce delays caused by overlapping approvals.
• Stronger coordination supports growth, housing, and job creation by improving how people and goods move in and out of Halifax.
• Ministerial order power ensures critical safety and congestion fixes are not stalled by local disagreements.
• Temporary access orders keep important construction on track when access disputes arise, while requiring notice, compensation, insurance, and restoration to protect neighbours.
• Advisory committees bring key partners (city, port, airport, bridges, federal agency) to the table for better planning.
• Enabling electronic enforcement and traffic calming can improve road safety.

Opponents' View#

• The Minister’s power to overrule municipalities and bill them back weakens local decision‑making and accountability.
• Letting builders get forced temporary access to private land can harm privacy and quiet enjoyment, even with compensation.
• Exempting the agency from civil service and collective bargaining rules may reduce job protections and transparency.
• Making the agency and its assets tax‑exempt could reduce local tax revenue.
• Removing the requirement to notify the Nova Scotia Federation of Municipalities may limit public input and oversight.
• The standard of aligning projects with broad “provincial priorities” is vague and could be applied unevenly.