O. Reg. 22/10: Minimum Maintenance Standards for Highways in the City of Toronto

 

ontario regulation 22/10

made under the

city of toronto act, 2006

Made: February 18, 2010
Filed: February 18, 2010
Published on e-Laws: February 19, 2010
Printed in The Ontario Gazette: March 6, 2010

Amending O. Reg. 612/06

(Minimum Maintenance Standards for Highways in the City of Toronto)

1. (1) Subsection 1 (1) of Ontario Regulation 612/06 is amended by adding the following definition:

“Ontario Traffic Manual” means the Ontario Traffic Manual published by the Ministry of Transportation, as amended from time to time;

(2) Clauses 1 (3) (a) and (b) of the Regulation are revoked and the following substituted:

(a) by counting and averaging the daily two-way traffic on the highway or part of the highway; or

(b) by estimating the average daily two-way traffic on the highway or part of the highway.

(3) Section 1 of the Regulation is amended by adding the following subsection:

(4) For the purposes of this Regulation, the City is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the City ought reasonably to be aware of the fact.

2. Subsection 2 (2) of the Regulation is revoked.

3. (1) Section 3 of the Regulation is amended by striking out the portion before the Table and substituting the following:

Patrolling

3. (1) The minimum standard for the frequency of patrolling of highways to check for conditions described in this Regulation is set out in the Table to this section. 

(2) During the season when the City performs winter highway maintenance, the minimum standard for patrolling highways is, in addition to that set out in subsection (1), to patrol highways that the City selects as representative of its highways, as necessary, to check for conditions described in sections 4 and 5.

(3) Patrolling a highway consists of observing the highway, either by driving on or by electronically monitoring the highway, and may be performed by persons responsible for patrolling highways or by persons responsible for or performing highway maintenance activities.

(4) This section does not apply in respect of the conditions described in section 10, subsections 11 (0.1) and 12 (1) and section 16.1.

. . . . .

(2) The heading to the Table to section 3 of the Regulation is revoked and the following substituted:

table
PATROLLING FREQUENCY

4. Section 4 of the Regulation is amended by striking out the portion before the Table and substituting the following:

Snow accumulation

4. (1) The minimum standard for clearing snow accumulation is,

(a) after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table to this section, to deploy snow-clearing resources as soon as practicable; and

(b) after the snow accumulation has ended, to clear the snow to a depth less than or equal to the depth set out in the Table within the time set out in the Table,

(i) to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or

(ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five metres.

(2) This section,

(a) does not apply to that portion of the roadway designated for parking; and

(b) only applies to a municipality during the season when the municipality performs winter highway maintenance.

(3) In this section,

“snow accumulation” means the natural accumulation of any of the following that, alone or together, covers more than half a lane width of a roadway:

1. New fallen snow.

2. Wind-blown snow.

3. Slush.

. . . . .

5. Subsection 5 (1) of the Regulation is revoked and the following substituted:

Icy roadways

(1) The minimum standard for treating icy roadways after becoming aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table to this section.

6. Section 10 of the Regulation is amended by adding the following subsection:

Luminaires

(0.1) The minimum standard for the frequency of inspecting all luminaires to check to see that they are functioning is once per year.

7. (1) Section 11 of the Regulation is amended by adding the following subsection:

Signs

(0.1) The minimum standard for the frequency of inspecting signs of a type listed in subsection (2) to check to see that they meet the retro-reflectivity requirements of the Ontario Traffic Manual is once per year.

(2) Subsection 11 (1) of the Regulation is amended by striking out “improperly oriented or missing” and substituting “improperly oriented, obscured or missing”.

(3) Subsection 11 (2) of the Regulation is amended by adding the following paragraphs:

3.1 Load Restricted Bridge.

3.2 Low Bridge.

3.3 Low Bridge Ahead.

8. Section 12 of the Regulation is amended by striking out the portion before the Table and substituting the following:

Regulatory or warning signs

12. (1) The minimum standard for the frequency of inspecting regulatory signs or warning signs to check to see that they meet the retro-reflectivity requirements of the Ontario Traffic Manual is once per year.

(2) If a regulatory sign or warning sign is illegible, improperly oriented, obscured or missing, the minimum standard is to repair or replace the sign within the time set out in the Table to this section after becoming aware of the fact.

(3) In this section,

“regulatory sign” and “warning sign” have the same meanings as in the Ontario Traffic Manual, except that they do not include a sign listed in subsection 11 (2) of this Regulation.

. . . . .

9. Section 16 of the Regulation is amended by striking out the portion before the Table and substituting the following:

Roadway surface discontinuities

16. (1) If a surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, exceeds the height set out in the Table to this section, the minimum standard is to repair the surface discontinuity within the time set out in the Table after becoming aware of the fact. 

(2) If a surface discontinuity on a bridge deck exceeds five centimetres, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the surface discontinuity on the bridge deck.

(3) In this section,

“surface discontinuity” means a vertical discontinuity creating a step formation at joints or cracks in the paved surface of the roadway, including bridge deck joints, expansion joints and approach slabs to a bridge.

. . . . .

10. The Regulation is amended by adding the following section:

Sidewalk surface discontinuities

16.1 (1) The minimum standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per year.

(2) If a surface discontinuity on a sidewalk exceeds two centimetres, the minimum standard is to treat the surface discontinuity within 14 days after becoming aware of the fact.

(3) For the purpose of subsection (2), treating a surface discontinuity on a sidewalk means taking reasonable measures to protect users of the sidewalk from the discontinuity, including making permanent or temporary repairs, alerting users’ attention to the discontinuity or preventing access to the area of discontinuity.

(4) In this section,

“surface discontinuity” means a vertical discontinuity creating a step formation at joints or cracks in the surface of the sidewalk.

11. This Regulation comes into force on the day it is filed.

Made by:

Kathleen  O’Day Wynne

Minister of Transportation

Date made: February 18, 2010.