Highway entrance permit
A highway entrance permit is permission from the highway authority to build or use a private road, entranceway or gate giving access to a provincial highway. In Ontario, the Public Transportation and Highway Improvement Act requires a permit from the Minister for that access.
A buyer of a gas station or roadside store meets this term where customers reach the site through an entrance onto a provincial highway. In Ontario, the Minister may direct a landowner to close up an entrance constructed or used without the required permit (s. 34(6)(c)). See also what licences transfer when you buy a business.
What Ontario’s law says
The Act says no person shall construct or use a private road, entranceway, gate or other facility as a means of access to the King’s Highway (s. 34(2)(f)), or to a controlled-access highway (s. 38(2)(g)), except under a permit from the Minister. Section 31(1)(b) also requires a permit to construct or change the use of an entranceway onto the King’s Highway, other than a controlled-access highway. The Minister may issue permits on the terms and conditions the Minister considers proper and may cancel them (s. 34(16)). The Minister may order that s. 34(2) or s. 38(2), or any of their clauses, do not apply within a local municipality or specified parts of one (ss. 34(5), 38(4)).
On a purchase
The Ministry of Transportation says you must get an entrance permit to build an entrance, to upgrade or modify one, or to validate an existing permitted entrance for a property you have purchased. It notes that entrance permits do not change ownership with title. It also says a permit may be needed within its Controlled Areas.
- Ask for the existing entrance permit and its conditions.
- Ask whether the property is in a Ministry Controlled Area.
- Ask who will validate the permit after closing.
This entry covers Ontario; check the rules where you are. For fuel sites, see fuel handling licence.
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Government of Ontario (e-Laws)GovernmentPublic Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50
- 02Government of Ontario (Ministry of Transportation)GovernmentHighway corridor management
Deavo is an advertising and listings platform, not a brokerage, law firm or valuation firm. This page is general information, not legal, tax, accounting or valuation advice, and rules differ by province. Confirm anything you rely on with a qualified professional before you act on it.