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Public Transportation and Highway Improvement Act

R.S.O. 1990, CHAPTER P.50

Consolidation Period: From December 10, 2008 to the e-Laws currency date.

Last amendment: 2008, c. 22.

CONTENTS

1.

Definitions

PART I
LAND ACQUISITION, HIGHWAYS AND OTHER WORKS

2.

Property vested in Crown

3.

Instruments creating rights analogous to easements

4.

Persons who may sign plans

5.

Control of Crown Land

6.

Power to enter on land, etc.

7.

Designation of the King’s Highway

8.

Procedure for acquiring a highway

9.

Correction of errors

10.

Verification of plans and descriptions

11.

Land may be acquired or expropriated

12.

Claims for damages or compensation

13.

Notice to be given to owner

14.

Right to compensation

15.

Minister may require particulars

16.

Interest

17.

Payment of compensation, damages and costs

18.

Minister may exercise powers of municipality

19.

Previous rights and agreements

20.

Intersecting highways

21.

Connecting links, extensions

24.

Relocation, etc., of approaches to highway

25.

Drainage of the King’s Highway

26.

Construction of works

26.1

Authority to conduct surveys on highways

27.

Joint construction projects

28.

Closing highway to traffic while work is being done

29.

Closing highway generally, and transferring control, etc.

29.1

Unorganized territory

30.

Trees, fences and obstructions beside King’s Highway

31.

Interference with King’s Highway

32.

Use of highway by vehicles and animals

33.

Ministry to maintain and repair

34.

Roadside controls, King’s Highway

35.

Intersections, territory without municipal organization

PART II
CONTROLLED-ACCESS HIGHWAYS

36.

Controlled-access highway designation

37.

Closing of intersecting municipal roads

38.

Roadside controls, controlled-access highways

39.

Service roads

PART III
SECONDARY HIGHWAYS

40.

Secondary highways, designation

PART IV
TERTIARY ROADS

41.

Tertiary roads, designation

PART V
RESOURCE ROADS

42.

Resource roads, designation

PART VI
INDUSTRIAL ROADS

43.

Industrial roads, designation

PART IX
FEDERAL AND RESERVE ROADS

75.

Agreements re federal and reserve roads

PART XIII
ROADS IN TERRITORY WITHOUT MUNICIPAL ORGANIZATION

90.

Arrangements for construction or maintenance

PART XV
PUBLIC TRANSPORTATION

93.

Definition

94.

Ministerial agreements

PART XVI
GENERAL

99.

Power of Minister to establish, etc., ferries

102.

Closing road to traffic

111.

Approval of by-laws by Minister

112.

Warrant

113.

Cost of Ministerial work

114.

Highway Construction Account

115.

Disposition of fines

116.

Agreements

117.

Regulations

118.

Grants, loans, etc., for specific projects

Form

Warrant

Definitions

1. In this Act,

“Board” means the Ontario Municipal Board; (“Commission”)

“bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes; (“pont”)

“construction” includes reconstruction; (“construction”)

“Deputy Minister” means the Deputy Minister of Transportation; (“sous-ministre”)

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)

“land” includes an estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”)

“maintenance” includes repair; (“entretien”)

“Minister” means the Minister of Transportation; (“ministre”)

“Ministry” means the Ministry of Transportation; (“ministère”)

“owner” includes a mortgagee, lessee, tenant, occupant, person entitled to a limited estate or interest, and a guardian, executor, administrator or trustee in whom land or any interest therein is vested; (“propriétaire”)

“public utilities commission” means a commission or board having the control and management of a public utility undertaking in a municipality; (“commission des services publics”)

“regulations” means the regulations made under this Act; (“règlements”)

“road” has the same meaning as highway; (“route”)

“road authority” means a body having jurisdiction and control of a highway; (“office de la voirie”)

“roadway” means that part of a highway designed or intended for use by vehicular traffic. (“chaussée”) R.S.O. 1990, c. P.50, s. 1.

PART I
LAND ACQUISITION, HIGHWAYS AND OTHER WORKS

Property vested in Crown

2. (1) All property acquired under this Part is vested in the Crown and is under the jurisdiction and control of the Ministry. R.S.O. 1990, c. P.50, s. 2 (1).

Property may be sold, etc.

(2) Subject to subsection 5 (2), all property that is under the jurisdiction and control of the Ministry may be leased, sold or otherwise disposed of by the Minister. R.S.O. 1990, c. P.50, s. 2 (2).

Use of space and areas over or under highway

(3) The Minister may authorize any ministry or agency of the Crown or any municipality or any local board, as defined in the Municipal Affairs Act, or any corporation or person, by lease, licence or other arrangement,

(a) to use; or

(b) to construct, maintain and use buildings, structures or improvements in or on,

any space or area located over, across or under a highway under the jurisdiction of the Ministry where, in the opinion of the Minister, such construction, maintenance or use can be carried out without unduly interfering with the public use of the highway. R.S.O. 1990, c. P.50, s. 2 (3); 2002, c. 17, Sched. F, Table.

Instruments creating rights analogous to easements

3. (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto in favour of the Crown, in respect of any highway or other works under the jurisdiction and control of the Ministry, is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, even if the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Crown.

Terms of instrument binding on successors

(2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted or created by or contained in the instrument are binding upon and enure to the benefit of the heirs, successors, personal representatives and assigns of the parties to the instrument.

Liability of grantor for breach of covenant limited

(3) A party to an instrument to which subsection (1) applies or a person to whom subsection (2) applies is not liable for breach of a covenant or condition contained in the instrument committed after the person ceased to be the owner of the land therein mentioned, or after the person ceased to hold the interest in the land by virtue of which the person or the person’s predecessor in title executed the instrument.

Land to remain subject to instrument when sold for taxes

(4) Where the land mentioned in an instrument to which subsection (1) applies is sold for taxes, the land shall be deemed to have been sold subject to any right or interest granted or created by and any condition or covenant contained in the instrument.

Application

(5) This section applies even if such right, interest, covenant or condition was granted or created by or contained in an instrument executed before the date this section came into force. R.S.O. 1990, c. P.50, s. 3.

Persons who may sign plans

4. Where this Act or the Expropriations Act requires a plan or other instrument under this Act, other than an order in council mentioned in section 7 or 36, to be registered in the proper land registry office or deposited with the Minister of Natural Resources, the plan or instrument shall be signed by an Ontario Land Surveyor and one of the following:

1. The Minister.

2. The Deputy Minister.

3. An Assistant Deputy Minister of the Ministry.

4. The Chief Surveyor of the Ministry. R.S.O. 1990, c. P.50, s. 4.

Control of Crown Land

5. (1) Where the Minister desires to acquire any Crown lands not under the jurisdiction and control of the Ministry that he or she considers necessary for the purposes of the Ministry, the Minister shall deposit with the Minister of Natural Resources and register in the proper land registry office a plan of the land to be known and marked “Crown Land Plan/Plan des terres de la Couronne” and thereupon the land is under the jurisdiction and control of the Ministry.

Crown land no longer required by Ministry

(2) Where the jurisdiction and control of Crown lands is no longer required by the Ministry, the Minister may, with the approval of the Minister of Natural Resources, by a writing deposited with the Minister of Natural Resources and registered in the proper land registry office, declare that the jurisdiction and control of the land is no longer required and thereupon such land is under the jurisdiction and control of the Ministry of Natural Resources. R.S.O. 1990, c. P.50, s. 5.

Power to enter on land, etc.

6. The Minister or any person authorized by him or her may, without the consent of the owner,

(a) enter upon and use any land;

(b) alter in any manner any natural or artificial feature of any land;

(c) construct and use roads on, to or from any land; or

(d) place upon or remove from any land any substance or structure, for any purpose of this Part. R.S.O. 1990, c. P.50, s. 6.

Designation of the King’s Highway

7. (1) The Lieutenant Governor in Council may designate a highway or proposed highway as the King’s Highway. R.S.O. 1990, c. P.50, s. 7 (1).

Registration of order in council

(2) The order in council designating a highway or proposed highway as the King’s Highway shall be registered in the proper land registry office and any such order in council heretofore registered shall be deemed to have been required to be so registered. R.S.O. 1990, c. P.50, s. 7 (2).

Designation not regulation

(3) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (1).

Procedure for acquiring a highway

8. (1) Where the Minister desires to acquire an existing highway, he or she shall register in the proper land registry office,

Assumption Plan

(a) a plan of the highway to be known as and marked “Assumption Plan/Plan d’appropriation”; or

Notice of Assumption

(b) a notice to be known as and marked “Notice of Assumption/Avis d’appropriation” referring to a plan of the highway registered in the proper land registry office,

and thereupon the highway vests in the Crown and the Minister forthwith shall give notice in writing of such vesting to any municipality concerned.

Preliminary Assumption Plan

(2) The Minister, before registering an “Assumption Plan”, may register in the proper land registry office, a preliminary plan of the highway to be known as and marked “Preliminary Assumption Plan/Plan préliminaire d’appropriation”, and such Preliminary Assumption Plan when registered has the same force and effect as an Assumption Plan registered under subsection (1), but an Assumption Plan of the highway or a Notice of Assumption referring to a plan registered in the proper land registry office shall thereafter be registered under subsection (1). R.S.O. 1990, c. P.50, s. 8.

Correction of errors

9. In case of any omission, misstatement or erroneous description in a plan or description registered under this Part, the Minister may cause to be registered in the proper land registry office a plan or description replacing or amending such original plan or description and signed by an Ontario land surveyor and one of,

(a) the Minister;

(b) the Deputy Minister;

(c) an Assistant Deputy Minister of the Ministry; or

(d) the Chief Surveyor of the Ministry,

and a plan registered under this section shall be marked to show the nature of the replacement or amendment and is of the same force and effect as, and is in substitution for, the original plan or description to the extent that such plan or description is replaced or amended thereby. R.S.O. 1990, c. P.50, s. 9.

Verification of plans and descriptions

10. Where a plan and description purporting to be signed by any of the persons authorized so to do is registered under this Part, it shall be deemed to have been registered by the direction and authority of the Minister and as indicating that in the opinion of the Minister the highway described or the land described is necessary for the purposes of this Part, and the plan and description shall not be called in question except by the Minister or by a person authorized by the Minister. R.S.O. 1990, c. P.50, s. 10.

Land may be acquired or expropriated

11. (1) The Minister may, in the name of the Crown, acquire by purchase, lease or otherwise or may, without the consent of the owner, expropriate any land he or she considers necessary for the purposes of this Act or for making compensation in whole or in part to any person for land acquired under this Act.

Power to take whole lot when part only required

(2) Where the Minister is of opinion that he or she can obtain the whole of a lot or parcel of land at a more reasonable price or to greater advantage than by acquiring a part thereof only, the Minister may expropriate the whole of the lot or parcel and also any right of way thereto. R.S.O. 1990, c. P.50, s. 11.

Claims for damages or compensation

12. The provisions of this Part respecting claims for damages or compensation and the amount thereof resulting from the exercise of any power under section 6 apply only where the exercise of such power does not result in expropriation or injurious affection to which the Expropriations Act applies. R.S.O. 1990, c. P.50, s. 12.

Notice to be given to owner

13. (1) Where any of the powers conferred by section 6 have been exercised, the Minister shall, within sixty days thereafter, give notice to the owner,

(a) if the owner and the owner’s place of residence are known, by serving upon or by mailing by registered letter addressed to the owner at the owner’s last known place of residence a notice describing the land affected and the power exercised and stating that every person having any claim to compensation must file the claim in the office of the Minister within six months after the date of the notice; or

(b) if the owner or the owner’s place of residence is unknown, by the publication of a similar notice once a week for at least three weeks in a newspaper having general circulation in the upper-tier municipality, single-tier municipality or district in which the land affected is situate. R.S.O. 1990, c. P.50, s. 13 (1); 2002, c. 17, Sched. F, Table.

Interpretation

(1.1) In clause (1) (b),

“single-tier municipality” means a single-tier municipality that is not within a district and not within an upper-tier municipality. 2002, c. 17, Sched. F, Table.

Where notice given

(2) Where notice has been given under subsection (1), a claim for compensation shall be made within the time limited by the notice. R.S.O. 1990, c. P.50, s. 13 (2).

Where no notice given

(3) Where no notice has been given under subsection (1), a claim for compensation may be made at any time by giving notice thereof to the Minister, and the provisions of this Part with respect to the fixing, payment and application of compensation apply thereto. R.S.O. 1990, c. P.50, s. 13 (3).

Right to compensation

14. (1) The Minister shall make due compensation to the owner of land for any damage necessarily resulting from the exercise of any of the powers conferred by section 6.

Determination of compensation

(2) Every such claim for compensation not agreed upon by the Minister and the claimant shall be determined by the Board and not otherwise, and the Ontario Municipal Board Act, except section 96, applies so far as is practicable to every such claim that is referred to the Board.

Appeal to Divisional Court

(3) The Minister or the claimant may, with leave of the Divisional Court, appeal to that court from any determination or order of the Board as to compensation under this Part.

Time for appeal

(4) Application for leave to appeal shall be made within thirty days after the date of the determination or order of the Board subject to the rules of court as to vacations.

Terms

(5) The leave may be granted on such terms as to the appellant giving security for costs and otherwise as the court considers just. R.S.O. 1990, c. P.50, s. 14.

Minister may require particulars

15. Every person who is claiming compensation or damages under this Part shall, upon demand made therefor by the Minister or any person authorized by him or her, furnish to the Minister a true statement showing the particulars of the person’s interest in the land concerned and of the claim made by the person. R.S.O. 1990, c. P.50, s. 15.

Interest

16. (1) Interest at the rate of 5 per cent per year may be allowed on the compensation or damages from the time when the land was used, but no person who has been offered in writing a sum equal to or greater than the compensation or damages shall be allowed interest thereon for any period after the date of the offer.

Where interest may be withheld

(2) Where the Board is of the opinion that any delay in determining the compensation or damages is attributable in whole or in part to the person entitled to the compensation or damages or any part of it, the Board may refuse to allow the person interest for the whole or any part of the time for which the person might otherwise be entitled to interest, or may allow interest at such rate less than 5 per cent per year as appears just. R.S.O. 1990, c. P.50, s. 16.

Payment of compensation, damages and costs

17. The Minister of Finance may pay out of the Consolidated Revenue Fund to any person any sum to which the person is entitled under this Part as compensation, damages or costs. R.S.O. 1990, c. P.50, s. 17; 2006, c. 19, Sched. T, s. 10.

Minister may exercise powers of municipality

18. The Minister has, within the limits of any municipality in which the King’s Highway is situate, all the powers that may be exercised by that municipality in respect of its highways. R.S.O. 1990, c. P.50, s. 18.

Previous rights and agreements

19. (1) The Minister has in respect of the King’s Highway all the rights, powers, benefits and advantages conferred by by-law or agreement or otherwise upon the municipality that had jurisdiction and control of the highway before the highway was vested in the Crown, and the Crown may sue thereon in the same manner and to the same extent as the municipality might have done if the highway had not vested in the Crown.

Right of Minister to copies of by-laws, etc.

(2) The Minister is entitled to a copy of any such by-law or agreement from the municipality and has the right to inquire into and ascertain full particulars concerning any such by-law or agreement. R.S.O. 1990, c. P.50, s. 19.

Intersecting highways

20. (1) Except as otherwise designated by the Lieutenant Governor in Council, where the King’s Highway, other than a proposed highway, intersects a highway that is not the King’s Highway, the continuation of the King’s Highway to its full width across the highway so intersected is the King’s Highway and shall be deemed to be vested in the Crown and under the jurisdiction and control of the Ministry. R.S.O. 1990, c. P.50, s. 20 (1).

Crossing highways

(2) Despite subsection (1), where a highway is carried over or under the King’s Highway by a bridge or other structure the surface of the highway shall be deemed to be under the jurisdiction and control of the authority that has jurisdiction and control over the remainder of the highway and the Crown shall not be liable for maintenance and repair of the surface of the highway. R.S.O. 1990, c. P.50, s. 20 (2).

Designation not regulation

(3) A designation by the Lieutenant Governor in Council under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (2).

Connecting links, extensions

21. (1) The Minister may designate a highway or part of a highway as a connecting link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the road authority having jurisdiction over the highway or part of the highway. 1996, c. 1, Sched. M, s. 49.

Jurisdiction and control unchanged

(2) A highway or part of a highway does not, by reason of its having been designated under subsection (1), become the property of the Crown, but every such highway or part of a highway remains under the jurisdiction and control of the road authority. 1996, c. 1, Sched. M, s. 49.

Designation not regulation

(3) A designation by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (3).

22.23. Repealed: 1996, c. 1, Sched. M, s. 50.

Relocation, etc., of approaches to highway

24. (1) The Minister, with the consent of the authority or person having jurisdiction and control over the road, may relocate, alter or divert any public or private road entering or touching upon or giving access to a highway under the jurisdiction and control of the Minister. R.S.O. 1990, c. P.50, s. 24 (1).

During repairs road deemed to be King’s Highway

(2) The cost of the changes made pursuant to subsection (1) shall be deemed to be part of the cost of the construction of the King’s Highway and during the period when the changes are being made that portion of the road being relocated, altered or diverted shall be deemed to be a King’s Highway for the purposes of section 33. R.S.O. 1990, c. P.50, s. 24 (2).

Consent to closing of highway connecting with King’s Highway

(3) A municipality shall not open, close or divert any highway or road allowance entering upon or intersecting the King’s Highway without the consent of the Minister to the opening, closing or diversion of the highway or road allowance, and a by-law passed for any of such purposes does not take effect until the consent of the Minister is endorsed thereon and the by-law is registered in the proper land registry office. R.S.O. 1990, c. P.50, s. 24 (3).

Exception

(4) Subsection (3) does not apply where the highway or road allowance is closed for a specified period of time not exceeding seventy-two hours and the municipality has provided an adequate detour. R.S.O. 1990, c. P.50, s. 24 (4).

Consent deemed not regulation

(5) A consent or approval pursuant to subsection (3) or any predecessor thereof shall be deemed not to be and never to have been a regulation as defined in Part III (Regulations) of the Legislation Act, 2006 or in a predecessor of that Part. R.S.O. 1990, c. P.50, s. 24 (5); 2006, c. 21, Sched. F, s. 128 (4).

Drainage of the King’s Highway

25. (1) The Minister or a person authorized by him or her may initiate and carry out proceedings under any Act for the purpose of procuring proper drainage for the King’s Highway, and the Minister or such authorized person has authority to file notices and declarations as owner with the clerk of the local municipality or municipalities, or may receive notices where any other person is the initiating party, in accordance with the procedure prescribed in the Act, but no drainage works shall be constructed upon the King’s Highway under any Act without the consent of the Minister or such authorized person.

Drainage engineer for Ministry

(2) The Minister may from time to time designate one or more engineers of the Ministry to be the engineer or engineers authorized to carry out the provisions of any Act for the purpose of procuring proper drainage for the King’s Highway or other property under the control of the Ministry, and every engineer so designated has for such purpose all the powers and shall perform all the duties on behalf of the Ministry required of an engineer appointed by a municipality. R.S.O. 1990, c. P.50, s. 25.

Construction of works

26. (1) The Minister may construct, extend, alter, maintain and operate such works as he or she considers necessary or expedient for the purposes of the Ministry, and the Minister and any person, including a municipality or local board, as defined in the Municipal Affairs Act, may enter into agreements, with respect to the construction, extension, alteration, maintenance or operation of such works. R.S.O. 1990, c. P.50, s. 26 (1); 2002, c. 17, Sched. F, Table.

Agreement for road construction

(2) The Minister may enter into agreements to construct and maintain roads for and on behalf of a Minister of the Crown, or an agency of the Crown. R.S.O. 1990, c. P.50, s. 26 (2); 1998, c. 15, Sched. E, s. 31.

Regulations

(3) The Lieutenant Governor in Council may make regulations prohibiting or regulating the use of any commuter parking lot or transit station or of any rest, service or other area or any class or classes of them constructed, maintained or operated under subsection (1), but no such regulation shall affect the operation of any agreement entered into by the Crown as represented by the Minister with respect to a service area except to the extent that the other party to the agreement consents. 2005, c. 26, Sched. B, s. 2.

Offence

(4) Every person who contravenes any provision of a regulation made under subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $200. R.S.O. 1990, c. P.50, s. 26 (4).

Agreements for construction, etc., of highway to higher standard

(5) The Minister and any municipality may enter into agreements for the construction, maintenance or operation of any part of the King’s Highway located within the municipality to a higher standard than the Minister considers necessary or expedient for the purposes of this Part. R.S.O. 1990, c. P.50, s. 26 (5).

Authority to conduct surveys on highways

26.1 (1) The Minister may authorize persons to stop vehicles on highways and conduct surveys about highway use and highway needs in order to assist the Ministry in planning, designing, maintaining and constructing highways. 2005, c. 26, Sched. B, s. 3.

Authority to stop drivers

(2) A person authorized by the Minister to conduct surveys and who is readily identifiable as such may direct the driver of any vehicle to move the vehicle safely to the side of the highway and stop there. 2005, c. 26, Sched. B, s. 3.

Identification

(3) A person conducting a survey shall produce, on request, evidence of his or her authorization. 2005, c. 26, Sched. B, s. 3.

Safety

(4) A person conducting a survey shall follow appropriate safety measures to ensure his or her own safety and the safety of others participating in the survey and of drivers, pedestrians and other persons on the highway. 2005, c. 26, Sched. B, s. 3.

Protection from personal liability

(5) No action or other proceeding for damages shall be instituted against a person conducting a survey under the authority of this section for any act done in good faith in the execution or intended execution of his or her duty under this section or for any neglect or default in the execution in good faith of that duty. 2005, c. 26, Sched. B, s. 3.

Crown not relieved of liability

(6) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (5) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject. 2005, c. 26, Sched. B, s. 3.

Joint construction projects

27. (1) Where the Minister considers it advantageous for the Ministry and any municipality to combine separate work projects, the Minister and the municipality may enter into agreements for the construction of such works on any terms and conditions, including the sharing of costs, that the Minister considers advisable.

Powers of municipalities

(2) Any municipality shall be deemed to have all the powers necessary to enter into and to carry out the terms and conditions of an agreement made under subsection (1). R.S.O. 1990, c. P.50, s. 27.

Closing highway to traffic while work is being done

28. (1) While a work authorized by this Part is in progress, the Minister or a person authorized by him or her may close to traffic the King’s Highway on which the work is being done for such time as the Minister or such person, as the case may be, considers necessary.

Alternative routes during work

(2) While the King’s Highway is so closed to traffic, the Ministry shall provide and keep in repair an alternative route for traffic and for property owners who cannot obtain access to their property by reason of such closing, or the Minister and a municipality may enter into an agreement for that purpose or the Minister may make a grant to a municipality for that purpose, and any such expenditure or grant shall be apportioned as a part of the cost of the work in progress on the King’s Highway by reason of which the alternative route is necessary.

Barricades

(3) While the King’s Highway is so closed to traffic, the Minister or a person authorized by him or her shall protect it by erecting or causing to be erected at each end of it, and, wherever an alternative route deviates from it, a barricade upon which a red or a flashing amber light visible for a distance of 500 feet shall be exposed and kept burning or operating continuously from sunset until sunrise, and at such points shall put up a detour sign indicating the alternative route and containing a notice that the highway is closed to traffic.

No Crown liability

(4) Every person using the King’s Highway closed to traffic in accordance with this section does so at the person’s own risk and the Crown is not liable for any damage sustained by a person using the King’s Highway so closed to traffic.

Offence

(5) Every person who without lawful authority,

(a) uses the King’s Highway so closed to traffic while it is protected in accordance with subsection (3) is guilty of an offence and on conviction is liable to a fine of not more than $50;

(b) defaces any barricade, light, detour sign or notice placed thereon by lawful authority is guilty of an offence and on conviction is liable to a fine of not more than $200; or

(c) removes any barricade, light, detour sign or notice placed thereon by lawful authority is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500.

Idem

(6) Every person who is convicted of an offence under clause (5) (a) or (b) is also liable to the Crown for any damage or injury occasioned by such wrongful use, defacement or removal. R.S.O. 1990, c. P.50, s. 28.

Closing highway generally, and transferring control, etc.

29. (1) In this section,

“municipality” includes a commission that is a road authority appointed under an Act of the Legislature. R.S.O. 1990, c. P.50, s. 29 (1); 2002, c. 17, Sched. F, Table.

Closing by Lieutenant Governor in Council

(2) The Lieutenant Governor in Council may direct that any part of the King’s Highway or any part of any other highway that is under the jurisdiction and control of the Ministry shall be closed. R.S.O. 1990, c. P.50, s. 29 (2).

Temporary closing by Minister

(3) Despite subsection (2), the Minister may direct that any part of the King’s Highway or any part of any other highway that is under the jurisdiction and control of the Ministry shall be closed for a specified period of time not exceeding seventy-two hours where, in the opinion of the Minister, there is an adequate detour for through traffic. R.S.O. 1990, c. P.50, s. 29 (3).

Transfer to municipality or road authority

(4) The Lieutenant Governor in Council may direct the transfer of any part of the King’s Highway or any part of any other highway that is under the jurisdiction and control of the Ministry to any municipality in which it is situate and,

(a) it vests in and is under the jurisdiction and control of the municipality on and after the day named by the Lieutenant Governor in Council;

(b) it shall for all purposes be deemed to be part of the road system of the municipality;

(c) any agreements made or permits granted by the Minister in relation thereto shall continue in force as though made or granted by the municipality; and

(d) all rights, privileges and benefits conferred upon or retained by the Ministry or the Crown in any agreement referred to in clause (c) shall enure to the benefit of and be binding upon the municipality. R.S.O. 1990, c. P.50, s. 29 (4).

Application of s. 38, controlled-access highways

(5) Where a controlled-access highway is transferred to a municipality under this section, section 38 shall continue to apply to such highway for a period of not more than six months thereafter or until the municipality designates the highway as a controlled-access road, whichever is the prior date, and every reference to the Minister or the Ministry in section 38 for the purpose of this section shall be deemed to be a reference to the municipality. R.S.O. 1990, c. P.50, s. 29 (5).

Removal of highway from jurisdiction and control of Ministry

(6) Where, in territory without municipal organization, an alternative route has been provided for the King’s Highway or any other highway under the jurisdiction and control of the Ministry, or where for any other reason it is considered advisable that the highway or any part thereof should no longer be under the jurisdiction and control of the Ministry, the Lieutenant Governor in Council may direct that any part of the King’s Highway or any part of any other highway under the jurisdiction and control of the Ministry, be no longer under the jurisdiction and control of the Ministry and the Crown shall not be liable for any damages caused by default in maintenance of the highway or for any damage sustained by any person using the highway on and after the day named by the Lieutenant Governor in Council. R.S.O. 1990, c. P.50, s. 29 (6).

Revocation of designation as King’s Highway

(7) Where a highway is closed for an indeterminate period, transferred to a municipality or removed from the jurisdiction and control of the Ministry under this section, any designation of the highway as the King’s Highway is thereby revoked. R.S.O. 1990, c. P.50, s. 29 (7).

Direction not regulation

(8) A direction made by the Lieutenant Governor in Council or Minister under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (5).

Unorganized territory

29.1 The Lieutenant Governor in Council may stop up, alter, widen or divert any highway or part of a highway in a territorial district not being within an organized municipality, and may sell or lease the soil and freehold of any such highway or part of a highway that has been stopped up or that, in consequence of an alteration or diversion of it, no longer forms part of the highway as altered or diverted. 2002, c. 17, Sched. F, Table.

Trees, fences and obstructions beside King’s Highway

30. (1) The Ministry may plant trees upon the King’s Highway and the cost thereof shall be part of the cost of its maintenance. R.S.O. 1990, c. P.50, s. 30 (1).

Cutting, etc.

(2) No person, including a municipality and a local board, as defined in the Municipal Affairs Act, shall injure, destroy, cut or prune any tree within the limits of the King’s Highway without first obtaining the consent in writing of the Minister or a person authorized by him or her. R.S.O. 1990, c. P.50, s. 30 (2); 2002, c. 17, Sched. F, Table.

Offence

(3) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $200. R.S.O. 1990, c. P.50, s. 30 (3).

Bonus for planting trees

(4) The Ministry may pay an amount not exceeding 75 cents for each elm, maple or other tree of a species approved by the Ministry planted on land adjoining the King’s Highway in accordance with the conditions of a permit issued therefor by the Minister. R.S.O. 1990, c. P.50, s. 30 (4).

Bonus chargeable

(5) The amounts paid under subsection (4) are chargeable to the money appropriated therefor by the Legislature and are payable upon a certificate of an engineer of the Ministry giving the name of the person entitled, the number of trees of each species planted and the amount to which the person is entitled and certifying that the trees have been planted for a period of three years and that they are alive, healthy and of good form and were planted in accordance with the conditions of the permit granted therefor by the Minister. R.S.O. 1990, c. P.50, s. 30 (5).

Agreements re fences

(6) The Minister may agree with the owner of property adjoining the King’s Highway with respect to the moving, removal or construction of a wire or other type of fence along the King’s Highway and may pay the owner therefor. R.S.O. 1990, c. P.50, s. 30 (6).

Removal of obstructions

(7) Subject to the payment of such compensation as is agreed upon or as is determined in the manner provided by section 14, the Minister may direct the owner of any tree, shrub, bush, hedge, fence, signboard, gasoline pump, building or other object growing or standing on lands adjacent to the King’s Highway to remove it where in his or her opinion the safety or convenience of the travelling public so requires or where in his or her opinion it might cause the drifting or accumulation of snow or be injurious to the highway. R.S.O. 1990, c. P.50, s. 30 (7).

Snow fences

(8) The Minister or any person authorized by him or her may enter upon any land adjacent to the King’s Highway without the consent of the owner and may erect and maintain snow fences thereon subject to payment for such damage as is suffered by the owner of the land so entered upon, and the amount thereof, if not agreed upon, shall be determined in the manner provided by section 14. R.S.O. 1990, c. P.50, s. 30 (8).

Offence

(9) Any person who hinders or interferes with the erection of snow fences under subsection (8), or who, without lawful authority, takes down, removes or otherwise interferes with snow fences that have been erected under that subsection, is guilty of an offence and on conviction is liable to a fine of not less than $10 and not more than $50. R.S.O. 1990, c. P.50, s. 30 (9).

Interference with King’s Highway

31. (1) Despite anything in any general or special Act, no person, including a municipality and a local board, as defined in the Municipal Affairs Act,

(a) shall obstruct or deposit material on, along, under or across the King’s Highway or take up or in any way interfere with the King’s Highway; or

(b) shall construct or change the use of any private road, entranceway, gate or other structure or facility as a means of access to the King’s Highway, other than a controlled-access highway,

except in accordance with the conditions of a permit issued therefor by the Minister and those conditions may include such fees or other consideration as the Minister may specify. R.S.O. 1990, c. P.50, s. 31 (1); 1994, c. 17, s. 63; 2002, c. 17, Sched. F, Table.

Offence

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000. R.S.O. 1990, c. P.50, s. 31 (2).

Use of highway by vehicles and animals

32. (1) The Minister may make regulations prohibiting or regulating the use of the King’s Highway by any class of vehicles or animals and may impose penalties for contravention thereof, but no such regulation has any force or effect until approved by the Lieutenant Governor in Council after notice to any municipality affected thereby.

Horses, cattle, etc., on highway

(2) Every person who, being the owner or having the care, custody or control of horses, cattle, swine, sheep or goats, suffers or permits them or any of them to run at large within the limits of the King’s Highway is guilty of an offence and on conviction is liable to a fine of not more than $50 for every such animal found at large upon the highway, but this section does not create any civil liability on the part of the owner of the animal for damage caused to the property of others as a result of the animal running at large within the limits of the King’s Highway. R.S.O. 1990, c. P.50, s. 32.

Ministry to maintain and repair

33. (1) The King’s Highway shall be maintained and kept in repair by the Ministry and any municipality in which any part of the King’s Highway is situate is relieved from any liability therefor, but this does not apply to any sidewalk or municipal undertaking or work constructed or in course of construction by a municipality or which a municipality may lawfully do or construct upon the highway, and the municipality is liable for want of repair of the sidewalk, municipal undertaking or work, whether the want of repair is the result of nonfeasance or misfeasance, in the same manner and to the same extent as in the case of any other like work constructed by the municipality. R.S.O. 1990, c. P.50, s. 33 (1).

Liability for damage in case of default

(2) In case of default by the Ministry to keep the King’s Highway in repair, the Crown is liable for all damage sustained by any person by reason of the default, and the amount recoverable by a person by reason of the default may be agreed upon with the Minister before or after the commencement of an action for the recovery of damages. R.S.O. 1990, c. P.50, s. 33 (2).

Insufficiency of fence, etc.

(3) No action shall be brought against the Crown for the recovery of damages caused by the presence or absence or insufficiency of any wall, fence, guide rail, railing or barrier adjacent to or in, along or upon the King’s Highway or caused by or on account of any construction, obstruction or erection or any situation, arrangement or disposition of any earth, rock, tree or other material or thing adjacent to or in, along or upon the King’s Highway that is not on the roadway. R.S.O. 1990, c. P.50, s. 33 (3).

Notice claim

(4) No action shall be brought for the recovery of the damages mentioned in subsection (2) unless notice in writing of the claim and of the injury complained of has been served upon or sent by registered letter to the Minister within ten days after the happening of the injury, but the failure to give or the insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or insufficiency of the notice and that the Crown is not thereby prejudiced in its defence. R.S.O. 1990, c. P.50, s. 33 (4); 2002, c. 24, Sched. B, s. 45.

(5) Repealed: 2002, c. 24, Sched. B, s. 25.

Judgment, how payable

(6) All damages and costs recovered under this section and any amount payable as the result of an agreement in settlement of a claim for damages and costs that has been approved of in writing by counsel is payable in the same manner as in the case of a judgment recovered against the Crown in any other action. R.S.O. 1990, c. P.50, s. 33 (6).

Style of action

(7) In an action against the Crown under this section, the defendant shall be described as “Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario” in English or as “Sa Majesté du chef de l’Ontario, représentée par le Ministre des Transports de l’Ontario” in French, and it is not necessary to proceed by petition of right or to procure the fiat of the Lieutenant Governor or the consent of the Attorney General before commencing the action, but every such action may be instituted and carried on and judgment may be given thereon in the same manner as in an action brought by a subject of Her Majesty against another subject. R.S.O. 1990, c. P.50, s. 33 (7).

Counterclaims and third party proceedings

(8) Despite any general or special Act, in an action against the Crown under this section, the defendant may set up by way of counterclaim any right or claim, whether the right or claim sounds in damages or not, and may claim contribution or indemnity from or any other relief over against any person not a party to the action, and every such counterclaim and claim may be instituted and carried on and judgment may be given as if such counterclaim or claim was made by a subject of Her Majesty against another subject. R.S.O. 1990, c. P.50, s. 33 (8).

Action to be tried without jury

(9) An action against the Crown under this section shall be tried by a judge without the intervention of a jury, and the trial shall take place in the county in which the default occurred unless otherwise ordered upon an application by any party. R.S.O. 1990, c. P.50, s. 33 (9).

Liability not to exceed that of municipality

(10) The liability imposed by this section does not extend to a case in which a municipality having jurisdiction and control over the highway would not have been liable for the damage sustained. R.S.O. 1990, c. P.50, s. 33 (10).

Roadside controls, King’s Highway

34. (1) In this section,

“agricultural product” means an agricultural product that is not edible, an agricultural food product or a food product that is processed on a farm in Ontario from an agricultural food product; (“produit agricole”)

“centre point of an intersection” is the point where the centre line of the through part or parts of the King’s Highway meets the centre line of or the centre line of the prolongation of any other highway that intersects or meets the King’s Highway; (“point central d’une intersection”)

“portable sign” means a sign or advertising device that is not permanently attached to the ground, a building or a structure or that is designed to be moved from place to place. (“panneau portatif”) R.S.O. 1990, c. P.50, s. 34 (1); 2008, c. 22, s. 1 (1).

Interpretation, agricultural product

(1.1) For the purposes of this section, an agricultural product that is processed on a farm in Ontario from an agricultural food product shall be deemed to be produced on the premises on which the agricultural food product is produced. 2008, c. 22, s. 1 (2).

Roadside buildings, trees, signs, activities, etc.

(2) Despite any general or special Act, regulation, by-law or other authority, no person shall, except under a permit therefor from the Minister,

(a) place, erect or alter any building, fence, gasoline pump or other structure or any road upon or within 45 metres of any limit of the King’s Highway or upon or within 180 metres of the centre point of an intersection;

(b) place any tree, shrub or hedge within 45 metres of any limit of the King’s Highway or within 180 metres of the centre point of an intersection;

(c) display any sign, notice or advertising device, whether it contains words or not, within 400 metres of any limit of the King’s highway, other than,

(i) one sign not more than 60 centimetres by 30 centimetres in size displaying the name or the name and occupation of the owner of the premises where it is displayed or the name of the premises,

(ii) a maximum of two single-sided signs, each being not more than 122 centimetres by 122 centimetres in size and facing in different directions, or one single-sided sign not more than 122 centimetres by 244 centimetres in size if,

(A) the signs display information about the sale of agricultural products, other than tobacco, that are produced and offered for sale on the premises where the signs are displayed, and

(B) the signs are displayed on premises that is zoned for agricultural uses and that is not owned by the Crown in right of Canada or the public sector as defined in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996, or

(iii) a maximum of two single-sided signs, each being not more than 122 centimetres by 122 centimetres in size and facing in different directions, or one single-sided sign not more than 122 centimetres by 244 centimetres in size if,

(A) the signs display directions to a place where agricultural products produced in Ontario, other than tobacco, are offered for sale or information about the sale,

(B) the owner of the signs also owns or rents the land on which the agricultural products mentioned in sub-subclause (A) were produced,

(C) the signs are displayed on premises that is zoned for agricultural uses and that is not owned by the Crown in right of Canada or the public sector as defined in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996, and

(D) the signs are displayed only during the season during which the agricultural products mentioned in sub-subclause (A) are offered for sale;

(d) use any land, any part of which lies within 800 metres of any limit of the King’s Highway, for the purposes of a shopping centre, stadium, fair ground, race track, drive-in theatre or any other purpose that causes persons to congregate in large numbers;

(e) sell, offer for sale or display produce, goods or merchandise upon the King’s Highway; or

(f) construct or use any private road, entranceway, gate or other structure or facility as a means of access to the King’s Highway. R.S.O. 1990, c. P.50, s. 34 (2); 2008, c. 22, s. 1 (3).

Direction to stop sales, etc.

(3) The Minister may direct any person to stop selling, offering for sale or displaying any produce, goods or merchandise within 45 metres of any limit of the King’s Highway or within 180 metres of the centre point of an intersection and every person to whom such direction is given shall forthwith comply with the direction. R.S.O. 1990, c. P.50, s. 34 (3).

No authorization by others

(4) No person shall authorize or permit any act prohibited by subsection (2). R.S.O. 1990, c. P.50, s. 34 (4).

Application

(5) The Minister may order that subsection (2) or such clauses thereof as the Minister specifies do not apply within the limits of any local municipality or such parts thereof as the Minister specifies. R.S.O. 1990, c. P.50, s. 34 (5); 2002, c. 17, Sched. F, Table.

Order not regulation

(5.1) An order made by the Minister under subsection (5) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (6).

Direction to remove, etc.

(6) The Minister may direct any owner of land,

(a) to remove therefrom or alter thereon any building, fence, gasoline pump or other structure or any road, tree, shrub or hedge placed, erected or altered;

(b) to remove therefrom or alter thereon any sign, notice or advertising device displayed; or

(c) to close up any private road, entranceway, gate or other structure or facility constructed or used,

in contravention of subsection (2). R.S.O. 1990, c. P.50, s. 34 (6).

Exception

(7) Clause (6) (b) does not apply to a portable sign. R.S.O. 1990, c. P.50, s. 34 (7).

Direction to remove

(8) Where a portable sign is displayed contrary to subsection (2), the Minister may direct,

(a) the owner of the portable sign, if the Minister is able to ascertain who and where the owner is;

(b) the person on whose behalf the portable sign is displayed, if clause (a) does not apply but the Minister is able to ascertain who and where that person is; or

(c) the owner of the land on which the portable sign is displayed, if clauses (a) and (b) do not apply,

to remove the sign. R.S.O. 1990, c. P.50, s. 34 (8).

Removal of sign

(9) Where a sign in respect of which a direction is given under subsection (8) is not removed within five days after the direction is given, the Minister may in writing authorize any person to enter upon the land involved and to do whatever is necessary to remove the sign. R.S.O. 1990, c. P.50, s. 34 (9).

Service of direction

(10) Every direction given under subsection (3), (6), (8), 38 (5) or 38 (7) shall be in writing and shall be served personally or by registered letter and in the case of service by registered letter shall be deemed to have been received on the second day following its mailing. R.S.O. 1990, c. P.50, s. 34 (10).

Failure to comply with direction

(11) Where a direction given under subsection (6) or 38 (5) is not complied with within thirty days after its receipt, the Minister may in writing authorize any person to enter upon the land involved to do whatever is necessary to comply with the direction. R.S.O. 1990, c. P.50, s. 34 (11).

No liability for damages

(12) An authorization under subsection (9), (11) or 38 (8) is authority to the person named therein to enter on the land described therein and to remove the sign as directed and neither the Minister nor that person is liable for any damages that may be caused in effecting the removal. R.S.O. 1990, c. P.50, s. 34 (12).

Offence

(13) Every person who contravenes subsection (2), (4), 38 (2) or 38 (3) or who fails to comply with a direction given under subsection (3), (6), (8), 38 (5) or 38 (7) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $500 for a first offence and not less than $200 and not more than $1,000 for any subsequent offence. R.S.O. 1990, c. P.50, s. 34 (13).

Compensation

(14) Where a direction given under subsection (6) has been complied with, the Minister shall make due compensation to the owner of the land if the building, fence, gasoline pump or other structure or a road, tree, shrub, hedge, sign, notice or advertising device was placed, erected or altered, as the case may be,

(a) before the 24th day of March, 1950, and in compliance with The Highway Improvement Act, being chapter 56 of the Revised Statutes of Ontario, 1937, and the regulations thereunder;

(b) before the day on which the King’s Highway was so designated and in compliance with The Highway Improvement Act that was in force on that day; or

(c) in compliance with a permit therefor, in which case the making of compensation is subject to the provisions of the permit. R.S.O. 1990, c. P.50, s. 34 (14).

Procedure

(15) Every claim for such compensation shall be determined in accordance with subsections 14 (2) to (5). R.S.O. 1990, c. P.50, s. 34 (15).

Permits

(16) The Minister may issue permits under this section in such form and upon such terms and conditions as he or she considers proper, and may in his or her discretion cancel any such permit at any time. R.S.O. 1990, c. P.50, s. 34 (16).

Fee

(17) The Minister may prescribe the fee to be paid for any permit or class of permit under this section. R.S.O. 1990, c. P.50, s. 34 (17).

Intersections, territory without municipal organization

35. (1) In this section,

“intersection” means the part of the King’s Highway contained within the prolongation or connection of the boundary lines of a private road that crosses the King’s Highway.

Private road, King’s Highway intersections in unorganized territory

(2) The Lieutenant Governor in Council may make regulations designating provisions of the Highway Traffic Act or the regulations thereunder that shall not apply in intersections in territory without municipal organization. R.S.O. 1990, c. P.50, s. 35.

PART II
CONTROLLED-ACCESS HIGHWAYS

Controlled-access highway designation

36. (1) The Lieutenant Governor in Council may designate any,

(a) highway; or

(b) proposed highway,

as a controlled-access highway and every highway so designated shall be deemed to be part of the King’s Highway and the provisions of this Act and the regulations that apply to the King’s Highway apply with necessary modifications to such controlled-access highway. R.S.O. 1990, c. P.50, s. 36 (1).

Previous controlled-access designation

(2) Any part of the King’s Highway heretofore designated as a controlled-access highway under this Act or a predecessor thereof shall be deemed to have been designated in accordance with this section. R.S.O. 1990, c. P.50, s. 36 (2).

Order in council to be registered

(3) The order in council designating a highway or proposed highway as a controlled-access highway shall be registered in the proper land registry office and any such order in council heretofore registered shall be deemed to have been required to be so registered. R.S.O. 1990, c. P.50, s. 36 (3).

Designation not regulation

(4) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. R.S.O. 1990, c. P.50, s. 36 (4); 2006, c. 21, Sched. F, s. 136 (1).

Closing of intersecting municipal roads

37. (1) In this section,

“road” includes an unopened road allowance. R.S.O. 1990, c. P.50, s. 37 (1).

Same

(2) Subject to the approval of the Board, the Minister may close any road, other than a highway that is under the jurisdiction and control of the Ministry, that intersects or runs into a controlled-access highway. R.S.O. 1990, c. P.50, s. 37 (2).

Application for approval

(3) The Board may direct that notice of an application for approval of the closing of a road under this section shall be given at such time, in such manner and to such persons, including municipalities and local boards, as defined in the Municipal Affairs Act, as the Board determines, and may further direct that particulars of objections to the closing shall be filed with the Board and the Minister within such time as the Board directs. R.S.O. 1990, c. P.50, s. 37 (3); 2002, c. 17, Sched. F, Table.

Powers of Board

(4) Upon the hearing of the application, the Board may make an order refusing its approval or granting its approval upon such terms and conditions as it considers proper. R.S.O. 1990, c. P.50, s. 37 (4).

Appeal

(5) The Minister or a person, including a municipality or local board, as defined in the Municipal Affairs Act, that has filed particulars of an objection may, with leave of the Divisional Court, appeal to that court from any order made under subsection (4), and subsections 14 (4) and (5) apply with necessary modifications thereto. R.S.O. 1990, c. P.50, s. 37 (5); 2002, c. 17, Sched. F, Table.

Effect of physical closing

(6) Any road heretofore or hereafter closed under this section by the Minister in accordance with the approval of the Board by the placing or erecting of a fence, barricade or other work on the limit of a controlled-access highway shall be deemed to have been thereby legally closed. R.S.O. 1990, c. P.50, s. 37 (6).

Roadside controls, controlled-access highways

38. (1) In this section,

“centre point of an intersection” is the point where the centre line of the through part or parts of a controlled-access highway meets the centre line of or the centre line of the prolongation of any other highway that intersects or meets the controlled-access highway; (“point central d’une intersection”)

“portable sign” means a sign or advertising device that is not permanently attached to the ground, a building or a structure or that is designed to be moved from place to place. (“panneau portatif”) R.S.O. 1990, c. P.50, s. 38 (1).

Roadside buildings, trees, signs, activities, etc.

(2) Despite any general or special Act, regulation, by-law or other authority, no person shall, except under a permit therefor from the Minister,

(a) place, erect or alter any building, fence, gasoline pump or other structure or any road upon or within 45 metres of any limit of a controlled-access highway or upon or within 395 metres of the centre point of an intersection;

(b) place any tree, shrub or hedge within 45 metres of any limit of a controlled-access highway or within 395 metres of the centre point of an intersection;

(c) sell, offer or expose for sale any vegetables, fruit or other produce or any goods or merchandise upon or within 45 metres of any limit of a controlled-access highway or within 395 metres of the centre point of an intersection;

(d) place, erect or alter any power line, pole line or other transmission line within 400 metres of any limit of a controlled-access highway;

(e) display any sign, notice or advertising device, whether it contains words or not, other than one sign not more than sixty centimetres by thirty centimetres in size displaying the name or the name and occupation of the owner of the premises to which it is affixed or the name of such premises within 400 metres of any limit of a controlled-access highway;

(f) use any land, any part of which lies within 800 metres of any limit of a controlled-access highway, for the purposes of a shopping centre, stadium, fair ground, race track, drive-in theatre or any other purpose that causes persons to congregate in large numbers; or

(g) construct or use any private road, entranceway, gate or other structure or facility as a means of access to a controlled-access highway. R.S.O. 1990, c. P.50, s. 38 (2).

No authorization by others

(3) No person shall authorize or permit any act prohibited by subsection (2). R.S.O. 1990, c. P.50, s. 38 (3).

Application

(4) The Minister may order that subsection (2) or such clauses thereof as the Minister specifies do not apply within the limits of any local municipality or such parts thereof as the Minister specifies. R.S.O. 1990, c. P.50, s. 38 (4); 2002, c. 17, Sched. F, Table.

Order not regulation

(4.1) An order made by the Minister under subsection (4) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (7).

Direction to remove, etc.

(5) The Minister may direct any owner of land,

(a) to remove therefrom or alter thereon any building, fence, gasoline pump or other structure or any road, tree, shrub, hedge, power line, pole line or other transmission line placed, erected or altered;

(b) to remove therefrom or alter thereon any sign, notice or advertising device displayed; or

(c) to close up any private road, entranceway, gate or other structure or facility constructed or maintained as a means of access to a controlled-access highway,

in contravention of subsection (2). R.S.O. 1990, c. P.50, s. 38 (5).

Exception

(6) Clause (5) (b) does not apply to a portable sign. R.S.O. 1990, c. P.50, s. 38 (6).

Direction to remove

(7) Where a portable sign is displayed contrary to the provisions of subsection (2), the Minister may direct,

(a) the owner of the portable sign, if the Minister is able to ascertain who and where the owner is;

(b) the person on whose behalf the portable sign is displayed, if clause (a) does not apply but the Minister is able to ascertain who and where that person is; or

(c) the owner of the land on which the portable sign is displayed, if clauses (a) and (b) do not apply,

to remove the sign. R.S.O. 1990, c. P.50, s. 38 (7).

Removal of sign

(8) Where a sign in respect of which a direction is given under subsection (7) is not removed within five days after the direction is given, the Minister may in writing authorize any person to enter upon the land involved and to do whatever is necessary to remove the sign. R.S.O. 1990, c. P.50, s. 38 (8).

Compensation

(9) Where a direction given under subsection (5) has been complied with, the Minister shall make due compensation to the owner of the land if the building, fence, gasoline pump or other structure or any road, tree, shrub, hedge, power line, pole line or other transmission line, sign, notice or advertising device, private road, entranceway, gate or other structure or facility was placed, erected, altered, constructed or used, as the case may be,

(a) before the 24th day of March, 1950, and in compliance with The Highway Improvement Act, being chapter 56 of the Revised Statutes of Ontario, 1937, and the regulations thereunder;

(b) before the day on which the controlled-access highway was so designated and in compliance with The Highway Improvement Act that was in force on that day; or

(c) in compliance with a permit therefor, in which case the making of compensation is subject to the provisions of the permit. R.S.O. 1990, c. P.50, s. 38 (9).

Procedure

(10) Every claim for such compensation shall be determined in accordance with subsections 14 (2) to (5). R.S.O. 1990, c. P.50, s. 38 (10).

Permits

(11) The Minister may issue permits under this section in such form and upon such terms and conditions as he or she considers proper and may in his or her discretion cancel any such permit at any time. R.S.O. 1990, c. P.50, s. 38 (11).

Fee

(12) The Minister may prescribe the fee to be paid for any permit or class of permit under this section. R.S.O. 1990, c. P.50, s. 38 (12).

Service roads

39. The Minister and any municipality may enter into agreements for the establishment, construction and apportionment of the cost of roads within the municipality for the purpose of providing means of access to a controlled-access highway at a point where access is permitted. R.S.O. 1990, c. P.50, s. 39.

PART III
SECONDARY HIGHWAYS

Secondary highways, designation

40. (1) The Lieutenant Governor in Council may designate any highway as a secondary highway and thereupon Part I and all the other provisions of this Act and the regulations that apply to the King’s Highway apply with necessary modifications to such secondary highway. R.S.O. 1990, c. P.50, s. 40.

Designation not regulation

(2) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (8).

PART IV
TERTIARY ROADS

Tertiary roads, designation

41. (1) The Lieutenant Governor in Council may designate an existing road that is in whole or in part in territory without municipal organization as a tertiary road, and thereupon the provisions of this Act and the regulations that apply to the King’s Highway, except sections 33 and 34, apply with necessary modifications to such tertiary road. R.S.O. 1990, c. P.50, s. 41 (1).

maintenance

(2) Subject to subsections (4) and (5), a tertiary road shall be maintained by the Ministry, but such maintenance does not include the clearing or removal of snow therefrom or the application of chemicals or abrasives to the icy surfaces thereof. R.S.O. 1990, c. P.50, s. 41 (2).

liability for damages

(3) No action shall be brought against the Crown for damages caused by the default of the Ministry in maintaining a tertiary road, and the Crown is not liable for any damage sustained by any person using a tertiary road. R.S.O. 1990, c. P.50, s. 41 (3).

snow removal

(4) The Minister may enter into an agreement with any person for the removal of snow from a tertiary road or the application of chemicals or abrasives to the ice surfaces thereof, and the agreement shall provide that not more than 50 per cent of the cost of the work shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. P.50, s. 41 (4).

maintenance contributions

(5) Where the Minister considers it desirable that persons who own land in territory without municipal organization in which a tertiary road is situate should establish a local roads area and maintain it under the Local Roads Boards Act or elect road commissioners and maintain it under the Statute Labour Act or become incorporated under the Municipal Act, 2001 or otherwise contribute to its maintenance, it shall not be maintained by the Ministry unless the interested persons enter into an agreement with the Minister for such maintenance, and the agreement shall provide that not more than 50 per cent of the cost of the work shall be paid out of money appropriated therefor by the Legislature. R.S.O. 1990, c. P.50, s. 41 (5); 2002, c. 17, Sched. F, Table.

Designation not regulation

(6) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (9).

PART V
RESOURCE ROADS

Resource roads, designation

42. (1) The Lieutenant Governor in Council may designate a tertiary road as a resource road. R.S.O. 1990, c. P.50, s. 42 (1).

Load limits, etc., do not apply

(2) Sections 80, 108, 109, 110, 111 and 114 of the Highway Traffic Act do not apply to a resource road or to vehicles operated upon a resource road, as the case may be. R.S.O. 1990, c. P.50, s. 42 (2).

Designation not regulation

(3) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (10).

PART VI
INDUSTRIAL ROADS

Industrial roads, designation

43. (1) The Minister may designate as an industrial road a private road that he or she considers necessary for the development or operation of the lumbering, pulp or mining industry but which in his or her opinion should also be used by the public for road purposes other than those of the industry. R.S.O. 1990, c. P.50, s. 43 (1).

Maintenance

(2) The Minister and the owner of an industrial road may enter into an agreement for the maintenance of the industrial road by the owner, and as long as the owner permits the public to use the industrial road the Minister may direct payment out of the money appropriated therefor by the Legislature of such proportion of the cost of maintenance as he or she considers requisite. R.S.O. 1990, c. P.50, s. 43 (2).

Jurisdiction and control

(3) Despite any other Act, an industrial road remains a private road under the jurisdiction and control of the owner, but subject to the use of the public as described in subsections (1) and (2). R.S.O. 1990, c. P.50, s. 43 (3).

Designation not regulation

(4) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (11).

PART VII Repealed

44. Repealed: 2002, c. 17, Sched. F, Table.

45. Repealed: 1996, c. 1, Sched. M, s. 52.

46. Repealed: 2002, c. 17, Sched. F, Table.

47.-53. Repealed: 1996, c. 1, Sched. M, s. 54.

54., 55. Repealed: 2002, c. 17, Sched. F, Table.

56. Repealed: 1996, c. 1, Sched. M, s. 54.

57. Repealed: 2002, c. 17, Sched. F, Table.

58.-60. Repealed: 1996, c. 1, Sched. M, s. 56.

61.-63. Repealed: 2002, c. 17, Sched. F, Table.

64. Repealed: 1996, c. 1, Sched. M, s. 56.

PART VIII (ss. 65-71) Repealed: 1996, c. 1, Sched. M, s. 56.

PART IX
FEDERAL AND RESERVE ROADS

72. Repealed: 2002, c. 17, Sched. F, Table.

73., 74. Repealed: 1996, c. 1, Sched. M, s. 58.

Agreements re federal and reserve roads

75. (1) The Minister may enter into agreements with the Government of Canada or the council of a band for the construction and maintenance of any road under the control of the Government of Canada or of any road on a reserve, and the Minister may direct payment to the Government of Canada or to the council of the band out of the money appropriated therefor by the Legislature.

Interpretation

(2) In subsection (1), “council of the band” and “reserve” have the same meanings as in the Indian Act (Canada).

Same

(3) Despite the definition of “road” in section 1, in subsection (1), “road” includes a road under the control of the Government of Canada and a road on a reserve, even if the road is not intended for or used by the general public. 1996, c. 1, Sched. M, s. 59.

76., 77. Repealed: 1996, c. 1, Sched. M, s. 60.

PART X (ss. 78-85) Repealed: 1996, c. 1, Sched. M, s. 60.

PART XI (ss. 86-88) Repealed: 1996, c. 1, Sched. M, s. 60.

PART XII (s. 89) Repealed: 1996, c. 1, Sched. M, s. 60.

PART XIII
ROADS IN TERRITORY WITHOUT MUNICIPAL ORGANIZATION

Arrangements for construction or maintenance

90. (1) The Minister may arrange with,

(a) the Government of Canada;

(b) the local roads board elected under the Local Roads Boards Act;

(c) the roads commissioners elected under the Statute Labour Act; or

(d) a person who is the owner of land,

for the construction or maintenance of a road in territory without municipal organization, and the Minister may direct payment out of money appropriated therefor by the Legislature of an amount equal to such proportion of the cost of the work as he or she considers requisite. R.S.O. 1990, c. P.50, s. 90 (1).

Where incorporation desirable

(2) Where the Minister considers it desirable that the inhabitants of any territory without municipal organization should become incorporated under the Municipal Act, 2001, the amount that may be paid out under this section in respect of a road in that territory shall not exceed 50 per cent of the value of the labour employed on the work. R.S.O. 1990, c. P.50, s. 90 (2); 2002, c. 17, Sched. F, Table.

PART XIV (ss. 91, 92) Repealed: 2006, c. 19, Sched. T, s. 11.

PART XV
PUBLIC TRANSPORTATION

Definition

93. In this Part,

“public transportation” means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or a local board as defined in the Municipal Affairs Act, or under an agreement between a municipality and a person, firm or corporation and includes special transportation facilities for the physically disabled, but does not include transportation by special purpose facilities such as school buses or ambulances. 2006, c. 19, Sched. T, s. 12.

93.1 Repealed: 2006, c. 19, Sched. T, s. 12.

Ministerial agreements

Minister may enter into agreement with municipality, etc.

94. (1) The Minister and a municipality or a public utilities commission may enter into an agreement to provide, or to sell, lease or otherwise dispose of, all or any part of an experimental or demonstration project related to public transportation.

Minister may enter into agreement with firm or corporation

(2) The Minister may enter into an agreement with a firm or corporation, and any such agreement shall give prime consideration to Canadian content and Canadian technology,

(a) to provide all or any part of an experimental or demonstration project related to public transportation;

(b) to design, develop, construct, test and operate all or any part of a demonstration transit system related to public transportation;

(c) to acquire, hold, exercise, develop, license, sell, lease or otherwise dispose of rights related to all or any part of a transit system related to public transportation. R.S.O. 1990, c. P.50, s. 94.

Same

(3) The Minister may enter into an agreement with a firm or corporation to design, develop, construct, operate, maintain, test or supply all or any part of public transportation vehicles or other public transportation equipment or services. 1994, c. 27, s. 139 (10); 1996, c. 1, Sched. M, s. 64.

PART XVI
GENERAL

95.-97. Repealed: 2002, c. 17, Sched. F, Table.

98. Repealed: 1996, c. 1, Sched. M, s. 65.

Power of Minister to establish, etc., ferries

99. (1) The Minister may establish, acquire, construct, operate and maintain ferries and acquire lands, equipment and machinery necessary and incidental thereto.

Agreements authorized

(2) The Minister and a municipality or other person may enter into an agreement to establish, acquire, construct, operate and maintain ferries and to acquire lands, equipment and machinery necessary and incidental thereto.

Money

(3) The Minister may pay the whole or part of expenditures, pursuant to an agreement under subsection (2), to establish, acquire, construct, operate and maintain ferries and to acquire lands, equipment and machinery necessary and incidental thereto. R.S.O. 1990, c. P.50, s. 99.

100. Repealed: 1996, c. 1, Sched. M, s. 65.

101. Repealed: 2002, c. 17, Sched. F, Table.

Closing road to traffic

102. (1) During the construction or maintenance of a road, other than the King’s Highway, which a commission appointed by the Lieutenant Governor in Council is authorized under any Act to construct, maintain and control, the commission or a person authorized by it may close the road for such time as the commission or person considers necessary. 2002, c. 17, Sched. F, Table.

Alternative route

(2) When a road is closed to traffic, the commission shall provide and keep in repair an alternative route for traffic and for property owners who cannot obtain access to their property because of the closing and the alternative route is under the jurisdiction of the commission during the period the road is closed to traffic. 2002, c. 17, Sched. F, Table.

Barricades

(3) When a road is closed to traffic, the commission or person authorized by it shall protect the road by erecting at each end of it, and at each place where an alternative route deviates from it, a barricade upon which a red or a flashing amber light visible for a distance of 500 feet shall be exposed and kept burning or operating continuously from sunset until sunrise. 2002, c. 17, Sched. F, Table.

Detour signs

(4) Detour signs indicating the alternative route and containing a notice that the highway is closed to traffic shall be placed at the same points as the barricades. 2002, c. 17, Sched. F, Table.

No liability

(5) Every person using a road closed to traffic in accordance with this section does so at the person’s own risk and the commission having jurisdiction and control of the road is not liable for any damage sustained by a person using a road so closed to traffic. 2002, c. 17, Sched. F, Table.

Offence

(6) A person is guilty of an offence and on conviction is liable to a fine of not more than $500 who, without lawful authority,

(a) uses a road closed to traffic while it is protected in accordance with subsections (3) and (4); or

(b) removes or defaces any barricade, light, detour sign or notice placed on the road under this section. 2002, c. 17, Sched. F, Table.

103. Repealed: 1996, c. 1, Sched. M, s. 67.

104. Repealed: 2002, c. 17, Sched. F, Table.

105., 106. Repealed: 1996, c. 1, Sched. M, s. 67.

107. Repealed: 2002, c. 17, Sched. F, Table.

108.-110. Repealed: 1996, c. 1, Sched. M, s. 67.

Approval of by-laws by Minister

111. Any by-law that is submitted to the Minister for approval under this Act may be approved in whole, in part or subject to conditions and, where the by-law is approved in part or subject to conditions, the by-law has force and effect only as so approved. R.S.O. 1990, c. P.50, s. 111.

Warrant

112. (1) If resistance or opposition is made to the Minister or any person authorized by him or her entering upon land under this Act or exercising any other power in respect of land under this Act, except where such power is or would result in expropriation or injurious affection to which the Expropriations Act applies, the Minister may apply to a judge of the Superior Court of Justice for a warrant in the Form under this Act directing the sheriff for the area in which the land is situate to put down such resistance or opposition or to take such steps as may be necessary to enable the Minister to exercise such power. R.S.O. 1990, c. P.50, s. 112 (1); 2006, c. 19, Sched. C, s. 1 (1).

Hearing

(2) The judge shall in writing appoint a time and place for the hearing of the application and in his or her appointment may direct that it shall be served upon such persons and in such manner as he or she prescribes. R.S.O. 1990, c. P.50, s. 112 (2).

Issue of warrant

(3) On proof of such resistance or opposition and of the intention of the Minister to exercise a power in respect thereof, the judge may issue the warrant. R.S.O. 1990, c. P.50, s. 112 (3).

Execution of warrant

(4) The sheriff shall forthwith execute the warrant and make a return to the judge of the execution thereof. R.S.O. 1990, c. P.50, s. 112 (4).

Cost of Ministerial work

113. The cost of material, labour, special engineering or other services, land and property or options thereon, plant, machinery and equipment and the repair and maintenance of plant, machinery or equipment and all expenditure in or about any work undertaken by the Minister under this Act or incidental thereto, or contracts therefor, shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. P.50, s. 113.

Highway Construction Account

114. (1) The Highway Construction Account in the Consolidated Revenue Fund is continued and such amounts as are appropriated by the Legislature for that account shall be credited to that account.

Idem

(2) The Minister may pay out of the Highway Construction Account expenditures incurred in the construction of highways. R.S.O. 1990, c. P.50, s. 114.

Disposition of fines

115. Despite anything in any other Act, all fines and other penalties recovered for offences under this Act committed on or with respect to a highway under the jurisdiction and control of the Ministry shall be paid to the Ministry. R.S.O. 1990, c. P.50, s. 115.

Agreements

116. (1) The Minister may enter into agreements for the purposes of this Act, including agreements,

(a) related to the planning, design, construction, maintenance, management and operation of highways and bridges and related structures and works;

(b) related to the construction, maintenance and operation of rapid transit or public transportation systems and the procurement of equipment for such systems; and

(c) related to the safety and mobility of people and goods.

Same

(2) An agreement under subsection (1) may provide that a proportion of the costs arising from the agreement be paid out of money appropriated therefor by the Legislature. 1996, c. 1, Sched. M, s. 68.

Regulations

117. The Minister may make regulations establishing standards for,

(a) the planning, design, construction, maintenance, management and operation of highways and bridges and related structures and works;

(b) the construction, maintenance and operation of rapid transit and public transportation systems;

(c) the safety and mobility of people and goods;

(d) the measurement and assessment of technical standards in connection with a matter described in clause (a), (b) or (c). 1996, c. 1, Sched. M, s. 68.

Grants, loans, etc., for specific projects

118. (1) Until January 1, 1997, the Minister may, out of money appropriated therefor by the Legislature and upon such conditions as he or she considers advisable, provide grants, loans and other financial assistance to any person, including the council of a band, within the meaning of the Indian Act (Canada), and a municipal corporation, for specific projects.

Limitation after 1996

(2) On and after January 1, 1997, the Minister may, out of money appropriated therefor by the Legislature and upon such conditions as he or she considers advisable, provide grants, loans and other financial assistance to any person, including the council of a band, within the meaning of the Indian Act (Canada), and a municipal corporation, for specific projects that the Minister considers to be of provincial significance. 1996, c. 1, Sched. M, s. 68.

FORM
WARRANT

R.S.O. 1990, c. P.50, Form.

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