jswizzle3737/ontario_laws_and_regs huggingface dataset:
Other by-laws
257.6This Part applies to local municipalities in the exercise of any power to pass by-laws licensing businesses under any other section of this Act or any other Act. 1996, c. 1, Sched. M, s. 22.
Conflicts
257.7If there is a conflict between a provision in this Part and a provision of any other section of this Act or any other Act authorizing a local municipality to license a business, the section that is less restrictive of a local municipality’s power prevails. 1996, c. 1, Sched. M, s. 22. Note: Subsection 24 (1) of Schedule M to the Savings and Restructuring Act, 1996 provides that a by-law of a county, a police services board or a police village licensing a business which was passed under any Act before January 30, 1996 and which applies to any part of a local municipality shall be deemed to be a by-law of the local municipality applying to that part of the municipality on January 30, 1996. Subsection 24 (2) of Schedule M provides that a by-law deemed to be a by-law of a local municipality under subsection 24 (1) expires the earlier of five years after January 30, 1996 and the day it is repealed by the local municipality. Subsection 24 (3) of Schedule M provides that a by-law of a local municipality, a regional municipality, The Municipality of Metropolitan Toronto and the Metropolitan Licensing Commission licensing a business under any Act passed before January 30, 1996 expires the earlier of five years after January 30, 1996 and the day it is repealed by the local municipality, the regional municipality, The Municipality of Metropolitan Toronto or the Metropolitan Licensing Commission, as the case may be. See: 1996, c. 1, Sched. M, s. 24. PART XVIII   HIGHWAYS AND BRIDGES
Definition
258.(1)In this Part, “county bridge” means a bridge under the exclusive jurisdiction of the council of a county. Exception (2)Except as provided by section 272, this Part does not apply to a provincial road or bridge under the control of the Crown. R.S.O. 1990, c. M.45, s. 258.
Power to acquire part of highway
259.Where power is conferred by this Part upon a council to pass by-laws for acquiring or for assuming a highway, it includes the power to pass by-laws for acquiring or for assuming part of a highway. R.S.O. 1990, c. M.45, s. 259.
What councils to exercise powers re highways and bridges
260.Where power to pass by-laws in respect of a highway or bridge is conferred by this Act on a council, unless otherwise expressly provided it is exercisable only by the council having jurisdiction over the highway or bridge or, if the highway or bridge is under the joint jurisdiction of two or more councils, only by the joint action of such councils, and a by-law by all of them is necessary for the exercise of such power. R.S.O. 1990, c. M.45, s. 260.
What constitutes public highways
261.Except in so far as they have been stopped up according to law, all allowances for roads made by the Crown surveyors, all highways laid out or established under the authority of any statute, all roads on which public money has been spent for opening them or on which statute labour has been usually performed, all roads passing through Indian lands, all roads dedicated by the owner of the land to public use, and all alterations and deviations of and all bridges over any such allowance for road, highway or road, are common and public highways. R.S.O. 1990, c. M.45, s. 261.
Highways vested in corporation having jurisdiction over them
262.(1)Unless otherwise expressly provided, the soil and freehold of every highway is vested in the corporation or corporations of the municipality or municipalities, the council or councils of which for the time being have jurisdiction over it under this or any other Act. Reservation of rights in soil (2)In the case of a dedicated highway, such vesting is subject to any rights in the soil reserved by the person who laid out or dedicated the highway. R.S.O. 1990, c. M.45, s. 262.
Jurisdiction of councils over highways
263.Except where jurisdiction over them is expressly conferred upon another council, the council of every municipality has jurisdiction over all highways and bridges within the municipality. R.S.O. 1990, c. M.45, s. 263.
Exception as to road owned by company, etc.
264.Sections 262 and 263 do not apply to roads or bridges owned by companies or individuals. R.S.O. 1990, c. M.45, s. 264.
Jurisdiction of county council over highways
265.(1)The council of a county has jurisdiction over every highway and boundary line assumed by the council and every bridge thereon. Duty with respect to bridges (2)Where the council of a county has jurisdiction over a highway, the council of the county, at the expense of the county, shall cause to be erected and maintained or rebuilt or replaced and maintained the bridges on the highway. R.S.O. 1990, c. M.45, s. 265 (1, 2). Continued jurisdiction over certain bridges (3)Subject to a by-law passed under subsection 278 (1), the council of a county has jurisdiction or joint jurisdiction over all bridges over which it had jurisdiction or joint jurisdiction, as the case may be, on the 12th day of February, 1987. R.S.O. 1990, c. M.45, s. 265 (3); 1993, c. 27, Sched. Idem (4)The council of the county, at the expense of the county or at the joint expense of the municipalities, as the case may be, shall cause the bridges over which it has jurisdiction under subsection (3) to be rebuilt or replaced and maintained. R.S.O. 1990, c. M.45, s. 265 (4).
Jurisdiction over bridges on county boundaries
266.The councils of the corporations whose duty it is to maintain or to erect and maintain bridges over rivers, streams, ponds or lakes forming or crossing a boundary line between counties have joint jurisdiction over such bridges. R.S.O. 1990, c. M.45, s. 266.
Jurisdiction over bridges on boundaries between county and city, etc.
267.The councils of the corporations whose duty it is to maintain or to erect and maintain bridges over rivers, streams, ponds or lakes forming or crossing a boundary line between a county and a city or separated town have joint jurisdiction over such bridges. R.S.O. 1990, c. M.45, s. 267.
Jurisdiction over boundaries between local municipalities
268.The councils of the local municipalities between which they run have joint jurisdiction over all boundary lines, whether or not they form also county boundary lines, which have not been assumed by the council of the county, and over the bridges on them except such bridges crossing rivers, streams, ponds or lakes forming or crossing such boundary lines as by this Act are under the jurisdiction of another council or other councils. R.S.O. 1990, c. M.45, s. 268.
Jurisdiction where corporation owns bridge, etc., in another municipality
269.Where a boulevard, drive or highway or a public avenue or walk is owned or has been opened and laid out or is under the authority of this Act assumed, or a bridge is owned or has been constructed or is under the authority of this Act assumed by the corporation of a municipality other than that in which it is situate, the council of that corporation has jurisdiction over it. R.S.O. 1990, c. M.45, s. 269.
Approaches to bridges
270.The council having jurisdiction over a bridge has jurisdiction over the approaches to it for thirty metres at each end of the bridge. R.S.O. 1990, c. M.45, s. 270.
Agreements between adjoining municipalities as to maintenance of boundary road
271.(1)The corporations of adjoining municipalities may enter into an agreement for the maintenance and repair of any highway forming the boundary between such municipalities, including the bridges thereon that it is their duty to maintain and repair, whereby each of them may undertake, for a term of years not to exceed ten years, to maintain and keep in repair any portion of such highway for its whole width, and to indemnify and save harmless the other from any loss or damage arising from the want of repair of such portion. Copy of agreement and by-laws to be registered (2)A copy of any agreement made under subsection (1), together with a copy of the by-laws of each of the municipalities authorizing the execution of the agreement, shall be registered in the land registry office of the land registry division in which the highway is situate. Effect (3)After the registration of the agreement and by-laws, each corporation has jurisdiction over that portion of the road that it has undertaken to maintain and keep in repair, and is liable for the damages incurred by reason of neglect to maintain and keep the same in repair, and the other corporation is relieved from all liability in respect of its maintenance and repair. R.S.O. 1990, c. M.45, s. 271.
Proclamation bringing government road or bridge under jurisdiction of municipality
272.(1)The Lieutenant Governor in Council by proclamation may declare that any public road or bridge under the control of the Minister of Transportation shall not be under the control of the Minister after a day named in the proclamation, and such road or bridge after that day ceases to be under the control of the Minister, and no tolls shall be collected thereon. Idem (2)After the date named in the proclamation, the road or bridge is under the jurisdiction of the council of the local municipality in which it is situate, or if it is partly situate in two or more municipalities is under the jurisdiction of the councils of such municipalities, each having jurisdiction over the part that lies within its municipality, or if it lies between two or more municipalities is under the joint jurisdiction of their councils. R.S.O. 1990, c. M.45, s. 272.
Assumption by county councils of highways
273.(1)The council of a county may by by-law assume as a county road any highway within a town, not being a separated town, or within a village or township. Assent (2)The by-law does not take effect until assented to by the council of the town, village or township. County or township boundary (3)The council of a county may also by by-law assume as a county road any county or township boundary line. Connecting road in town (4)The council of a county may also by by-law assume as a county road any highway in a town, not being a separated town, or in a village or township that connects with a county road. Bridges of such highway (5)Where a highway is assumed under this section, the bridges thereon shall also be assumed as county bridges. Repeal of by-law (6)A by-law passed under this section may be at any time repealed by the council of the county. Effect of repeal (7)When a by-law passed under this section is repealed, the highway and the bridges thereon cease to be under the jurisdiction of the council of the county and fall and are under the jurisdiction of the council or councils that had jurisdiction over the highway at the time of the passing of the by-law for assuming it. R.S.O. 1990, c. M.45, s. 273.
Assuming highway in adjacent municipality as a public avenue or walk
274.(1)The council of a local municipality may pass by-laws for assuming for the purpose of a public avenue or walk any highway in an adjacent local municipality and for acquiring so much land on either side of such highway as may be required to increase its width. Assent of other council (2)The by-law does not take effect until it is assented to by by-law of the council of the adjacent municipality. R.S.O. 1990, c. M.45, s. 274.
Abandonment by county of roads
275.(1)The council of a county may by by-law abandon the whole or any part of any road owned by it, whether the road is situate wholly within the county or partly within it and partly within an adjoining county. Clerk to transmit copies of by-law (2)Forthwith after the passing of the by-law, the clerk shall transmit by registered mail to the clerk of every local municipality through or along or on the border of which the road runs a copy of the by-law certified under his or her hand and the seal of the corporation to be a true copy. Approval of Municipal Board (3)The by-law does not take effect until it is approved by the Municipal Board, nor does it take effect as to the part of the road lying within or along or on the border of a local municipality whose council does not by by-law assent to the by-law. Jurisdiction after abandonment (4)From and after the taking effect of the by-law, the council of a municipality within which any part of the road so abandoned lies has jurisdiction over that part of it that lies within the municipality and, where any part of a road so abandoned lies between or on the border of two or more local municipalities, the councils of such municipalities have joint jurisdiction over that part of it. Exception (5)This section does not apply to a bridge that under this Act is to be maintained wholly or partly by the corporation of the county. R.S.O. 1990, c. M.45, s. 275.
Bridges on highways under different jurisdictions
276.(1)Where a bridge joins or is to join a highway under the jurisdiction of one municipal corporation to a highway under the jurisdiction of another municipal corporation, it is the duty of the municipal corporations whose highways are joined or to be joined to maintain or erect and maintain the bridge. Bridges on boundary lines (2)Where a bridge forms part of a boundary line, it is the duty of the municipal corporations that are responsible for maintaining the boundary line to maintain or to erect and maintain all necessary bridges on the boundary line. R.S.O. 1990, c. M.45, s. 276.
Maintenance of boundary lines
277.(1)Boundary lines between local municipalities, including those that also form county boundary lines, shall be maintained by the corporations of such municipalities. Exceptions (2)Subsection (1) does not apply to boundary lines assumed by the council of the county or to such bridges as are under this Act to be maintained or erected and maintained by another corporation. R.S.O. 1990, c. M.45, s. 277.
Local municipalities to erect and maintain certain bridges
278.(1)Where a bridge that is not on a county road or that is not on a boundary line assumed by the county is under the exclusive or joint jurisdiction of the council of a county, the council of the county may transfer by by-law its jurisdiction and control over the bridge to the council or councils of the local municipality or local municipalities in the county that has or have jurisdiction over the highway or boundary line on which the bridge is situate and the transfer may be made on such terms and conditions as the councils may agree upon. Approval (2)A by-law passed under subsection (1) does not take effect until it is approved by a by-law of the local municipality or the local municipalities to which the jurisdiction and control over the bridge is being transferred. Effect of transfer (3)On the day that a transfer under subsection (1) takes effect, all rights, liabilities and obligations of the county in respect of the bridge are transferred to and are vested in and imposed upon the local municipality or, where the jurisdiction is transferred to the council of more than one local municipality, the local municipalities, jointly. R.S.O. 1990, c. M.45, s. 278.
Maintenance of boundary lines and bridges
279.All boundary lines, and all bridges over rivers, streams, ponds or lakes forming or crossing a boundary line between two or more local municipalities in a territorial district, shall be erected and maintained by the corporations of such municipalities and their councils have joint jurisdiction over them and, if the councils fail to agree as to the proportion of the expense to be borne by each corporation, the same shall be determined by arbitration. R.S.O. 1990, c. M.45, s. 279.
Notice of excavating to owner of utility works
280.Where digging, trenching or excavating with mechanical equipment upon a highway by a municipality or any person entitled so to do may interfere with a gas pipe line, telephone line, works for the distribution and supply of electrical power, water mains or sewers, the municipality shall, except in an emergency or unless otherwise agreed between the municipality and the owner of such works, at least twenty-four hours before the work is to be commenced, notify the owner of the works that such digging, trenching or excavating is to be done. R.S.O. 1990, c. M.45, s. 280.
Keeping rivers free from driftwood, etc.
281.(1)Where a river or stream forms a boundary line between two or more municipalities in a county, the corporation of the county shall keep it free from all accumulations of driftwood or fallen timber. What corporations to perform the work and apportionment of expense (2)Where the river or stream forms a boundary line between two or more counties, the duty mentioned in subsection (1) shall be performed by the corporations of the counties and, where the river or stream forms the boundary line between a county and a city or separated town, shall be performed by the corporation of the county and the corporation of the city or separated town, and, in case of failure to agree in either case as to the share or proportion of the expense incurred in performing the duty to be borne by them respectively, the same shall be determined by arbitration. R.S.O. 1990, c. M.45, s. 281.
Keeping stream free from logs, brush, etc., in township
282.(1)Where a stream or creek is cleared of all logs, brush or other obstructions to the boundary line between a township and an adjoining township into which the stream or creek flows, the council of the township in which the stream or creek has been so cleared may give notice in writing to the corporation of such adjoining township requesting its council to clear such stream or creek through the municipality. Other township to remove obstructions (2)It is the duty of such last-mentioned corporation, within six months after the service of the notice, to enforce the removal of all obstructions in such stream or creek within the municipality to the satisfaction of any person whom the council of the county in which the municipality whose council gave the notice is situate appoints to inspect the same. Effect of failure to perform duty (3)If the corporation receiving the notice neglects to perform such duty and by reason of its neglect any highway or bridge in either of the townships becomes out of repair, the corporation in default, and that corporation only, is responsible for the damages sustained by any person by reason of such want of repair. R.S.O. 1990, c. M.45, s. 282.
Deviations of boundary lines
283.Where, on account of physical difficulties or obstructions existing on a boundary line between municipalities and in order to obtain a better line of road, a road has been heretofore or is hereafter laid out and opened that does not follow the course of such boundary line throughout, but in some place or places so deviates from it as to lie wholly within one of the municipalities, such road shall nevertheless be deemed to be, for the purposes of this Act, the boundary line between the municipalities, and a river, stream, pond or lake that crosses it where it so deviates shall be deemed to be a river, stream, pond or lake crossing a boundary line within the meaning of this Act. R.S.O. 1990, c. M.45, s. 283.
Action for damages for nuisance on highway
285.Subsections 284 (2) to (9) apply to an action brought against a corporation for damages occasioned by the presence of any nuisance on a highway. R.S.O. 1990, c. M.45, s. 285.
Registration of plan not to create highway repair liability
286.The approval of a plan of subdivision under the Planning Act and the registration thereof shall not be deemed to be an assumption by the corporation of the municipality wherein the land comprised in the plan is situate of any highways shown on the plan so as to render the corporation liable for repair or for damages resulting from non-repair within the meaning of section 284. R.S.O. 1990, c. M.45, s. 286.
Apportionment of damages
287.(1)Where two or more corporations are jointly liable for keeping in repair a highway or bridge, there shall be contribution between them as to the damages sustained by any person by reason of their default in so doing. Action to be against all corporations (2)Any action by any such person shall be brought against all such corporations, and any of them may require that the proportions in which such damages and the costs of the action are to be borne by them shall be determined in the action. What to be taken into account (3)In settling such proportions, either in the action or otherwise, regard shall be had to the extent to which each corporation was responsible, either primarily or otherwise, for the act or omission by reason of which the damages became payable or are recoverable and the damages and costs shall be apportioned between them accordingly. R.S.O. 1990, c. M.45, s. 287.
Members of council and employees not liable for non-repair of highways
288.(1)Where an action may be brought against a corporation by a person who has sustained damages by reason of its default in keeping in repair a highway or bridge, no action shall be brought by that person in respect of it or to recover such damages or any part of them against any member of the council or officer or employee of the corporation personally, but the remedy therefor is against the corporation. Contractors not deemed employees (2)A mere contractor with the corporation or an officer or employee who is such contractor, by reason of whose act or omission the damages were caused, shall not be deemed an employee within the meaning of subsection (1). R.S.O. 1990, c. M.45, s. 288.
Remedy over for damages caused by non-repair against persons causing same
289.(1)Where an action is brought to recover damages sustained by reason of any obstruction, excavation or opening in or near a highway or bridge placed, made, left or maintained by any person other than the corporation or an employee or agent of the corporation, or by reason of any negligent or wrongful act or omission of any person other than the corporation or an employee or agent of the corporation, the corporation has a remedy over against such other person for and may enforce payment of the damages and costs that are recovered against the corporation. Remedy over in same action (2)The corporation is entitled to such remedy over in the same action if the other person is a party to the action and it is established in the action as against that person that the damages were sustained by reason of an obstruction, excavation or opening so placed, made, left or maintained by that person. Adding party defendant (3)The corporation may in such action have the other person, if not already a defendant, added as a party defendant or third party for the purposes of the remedy over, and such person may defend the action as well against the plaintiff’s claim as against the claim of the corporation. Where person causing damage has not been made a party (4)If such person is not a party defendant, or is not added as a party defendant or third party, or if the corporation has paid the damages before an action is brought to recover the same, or before a recovery thereof in an action against the corporation, the corporation has the remedy over, by action against such person, but that person shall be deemed to admit the validity of the judgment obtained against the corporation only where a notice has been served on that person, pursuant to rules of court, or where the person has admitted or is estopped from denying the validity of such judgment. When a fresh action is necessary (5)Where such notice has not been served, and there has been no such admission or estoppel, and such person has not been made a party defendant or third party to the action against the corporation, or where the damages have been paid without action, or without recovery of judgment against the corporation, the liability of the corporation for such damages, and the fact that the damages were sustained under such circumstances as to entitle the corporation to the remedy over, must be established in the action against such person to entitle the corporation to recover in the action. R.S.O. 1990, c. M.45, s. 289.
Determination of disputes as to duty to erect and maintain bridge or repair highway
290.When there is a dispute between the councils of any two or more corporations as to the corporation on which the obligation to build and maintain or to build or maintain a bridge or to keep in repair a highway rests, the Ontario Court (General Division) may upon the application of any or either of the corporations determine the matter in dispute, or the court, if of opinion that the matter in dispute cannot satisfactorily be determined on an application or that for any other reason it ought not to be so determined, may direct that an action may be brought or that an issue be tried for the purpose of determining the matter in dispute, and the court may in either case order the performance of the obligation by the corporation upon which it is found to rest. R.S.O. 1990, c. M.45, s. 290.
Disputes as to apportionment of cost of erecting or maintaining
291.Except in the cases provided for by section 294, where the dispute is as to the proportions in which the corporations should contribute to the cost of erecting and maintaining or of erecting or maintaining a bridge or of keeping in repair a highway, the matter in dispute shall be determined by arbitration. R.S.O. 1990, c. M.45, s. 291.
Laying out highway where no original allowance
292.(1)Where an allowance for road was not reserved in the original survey on a township boundary or part of it, the councils of the townships may establish and lay out a highway on such boundary or part of it. By-laws (2)The councils of any or either of the municipalities may pass a by-law for establishing and laying out such a highway and for acquiring the land requisite for the one-half of it that lies within the limits of its municipality. Copy of by-law to be sent to other townships (3)The clerk shall within four days after the passing of the by-law transmit by registered mail to the clerk of each of the other townships a copy of the by-law certified under his or her hand and the seal of the corporation to be a true copy. Arbitration (4)If the other council or councils do not within six months after such notice pass a by-law or by-laws in similar terms, the council by which the by-law was passed may require the question of establishing and laying out the proposed highway to be determined by arbitration. Power of arbitrator (5)The arbitrator shall determine whether or not the proposed highway shall be established and laid out and, if the arbitrator determines that it shall be established and laid out, he or she shall also determine in what proportions the cost of the site of it shall be borne by each of the corporations. Duties of other townships when arbitrator determines that highway should be laid out (6)If it is determined by the arbitrator that the proposed highway shall be established and laid out, the other councils shall forthwith after notice of the award pass the necessary by-laws for establishing and laying out the proposed highway and for acquiring the land requisite for the one-half of it that will lie within the limits of their respective municipalities, and for otherwise carrying out the award, and shall proceed with all reasonable dispatch to carry into effect the by-law. Effect of determination against laying out highway (7)If it is determined by the arbitrator that the proposed highway shall not be established and laid out, no further proceedings shall be taken under this section within two years from the date of the award or within such time not exceeding in all four years, as the arbitrator may by his or her award determine. R.S.O. 1990, c. M.45, s. 292.
Disputes as to bridge or highway to be settled by arbitration
293.(1)Where a highway or bridge is under the joint jurisdiction of the councils of two or more municipalities and they are unable to agree as to any action which one or more of them desire to be taken in the exercise of such joint jurisdiction, any of them may require that the matter in dispute shall be determined by arbitration, and in that case shall prepare a draft by-law for carrying into effect what it is desired shall be done, and serve a copy of it on the clerks of the other municipalities with a notice that it is its desire that such a by-law shall be passed. Award (2)If it is determined by the arbitrator that what is proposed ought to be done, the arbitrator shall in the award so direct, and in that case each council shall forthwith after notice of the award pass a by-law in accordance with the draft by-law and shall, without unnecessary delay, do all things that on its part are necessary for carrying into effect the objects of the by-law. R.S.O. 1990, c. M.45, s. 293.
Determination by Municipal Board of disputes re deviation of county boundary lines
295.Where the councils of the townships having joint jurisdiction over a county boundary line are unable to agree as to, (a) the necessity for a deviation of the road from the boundary line; (b) the location of the deviation; (c) the use of an existing highway in lieu of a deviation; or (d) the proportions in which the cost of opening, making and maintaining the deviation or the existing highway to be used in lieu of a deviation is to be borne, any of the councils may apply to the Municipal Board to determine the matter in dispute, and the Board or any member of it, after notice to the corporations interested and hearing such of them as desire to be heard, shall determine the matter in dispute and may make any such order as may be deemed just, and such order is final and not subject to appeal. R.S.O. 1990, c. M.45, s. 295.
Power of Canadian Automobile Association to erect guide and distance posts, etc.
296.(1)The Canadian Automobile Association may, at its own expense and subject to such regulations as the council of the municipality may prescribe, erect and maintain guide posts at road intersections and distance posts on the highways to indicate distances and danger signals at hills that may be considered to be dangerous or unsafe for travellers. How same to be erected (2)Every such guide post, distance post and danger signal shall be so placed as not to obstruct the highway or to endanger the safety of travellers, and nothing shall appear on or be affixed or attached to it but a notice indicating the purpose that the guide post, distance post or danger signal is designed to serve. Offence (3)Every person who contravenes subsection (2) is guilty of an offence. Defacing posts erected (4)No person shall cut, throw down, injure or deface any such guide post, distance post or danger signal, and for every contravention of this subsection the person offending is guilty of an offence. R.S.O. 1990, c. M.45, s. 296.
Right of ingress and egress not to be taken away by closing road
298.(1)A by-law shall not be passed for stopping up, altering or diverting any highway or part of a highway if the effect of the by-law will be to deprive any person of the means of ingress and egress to and from the person’s land or place of residence over such highway or part of it unless such person consents to the passing of the by-law or unless in addition to making compensation to such person, as provided by this Act, another convenient road or way of access to the land or place of residence is provided. By-law, when to take effect (2)The by-law does not take effect until the sufficiency of such road or way of access has been agreed upon or until, if not agreed upon, its sufficiency has been determined by arbitration as hereinafter mentioned. Arbitration to determine sufficiency of road (3)If such person disputes the sufficiency of the road or way of access provided, the sufficiency of it shall be determined by arbitration under this Act and, if the amount of compensation is also not agreed upon, both matters shall be determined by one and the same arbitration. By-law void if road insufficient (4)If the arbitrator determines that the road or way of access provided is insufficient, he or she may in the award determine what road or way of access should be provided and, in that case, unless such last-mentioned road or way of access is provided, the by-law is void and the corporation shall pay the costs of the arbitration and award. R.S.O. 1990, c. M.45, s. 298.
Possession of unopened road allowance
299.(1)A person in possession of and having enclosed with a lawful fence that part of an original allowance for road upon which the person’s land abuts that has not been opened for public use by reason of another road being used in lieu of it or of another road parallel or near to it having been established by law in lieu of it shall, as against every person except the corporation the council of which has jurisdiction over the allowance for road, be deemed to be legally possessed of such part until a by-law has been passed by such council for opening it. Notice of by-law to be given (2)No such by-law shall be passed until notice in writing of the intention to pass it has been given to the person in possession, at least eight days before the meeting of the council at which the by-law is to be taken into consideration. R.S.O. 1990, c. M.45, s. 299.
Publication of by-law, etc.
300.(1)Before passing a by-law for stopping up, altering, widening, diverting, selling or leasing a highway or for establishing or laying out a highway, (a) notice of the proposed by-law shall be published at least once a week for four successive weeks, and in the case of a village or of a township with a population of less than 40,000, shall be posted up for at least one month in six of the most public places in the immediate neighbourhood of the highway or proposed highway; and (b) the council shall hear any person who claims that the person’s land will be prejudicially affected by the by-law and who applies to be heard. Notices (2)The clerk shall give the notices upon payment by the applicant, if any, for the by-law, of the reasonable expenses to be incurred in so doing. R.S.O. 1990, c. M.45, s. 300.
When publication of by-law not required
301.Where the owners of and other persons interested in the land required to be taken for the highway consent in writing to the passing of the by-law for establishing, laying it out or widening it, or where such land has been acquired by the corporation, section 300 does not apply to the by-law. R.S.O. 1990, c. M.45, s. 301.
Where no injunction, etc., to be granted
302.(1)Despite any Act, no injunction shall be granted or order made by the judge of any court, (a) for the removing of an alteration or diversion made in a highway; or (b) for avoiding or setting aside any conveyance or proceedings by which a municipality has acquired land for diverting or altering a highway, pursuant to a by-law passed prior to the 22nd day of June, 1976, by the council of a municipality pursuant to this or any other general or special Act, by reason only of the fact that the council failed to comply with the conditions mentioned in clauses 300 (1) (a) and (b). Definition (2)For the purposes of subsection (1), “municipality” includes a regional, metropolitan and district municipality. Saving (3)Nothing in this section affects or prejudices the rights of any person to a claim for damages against the municipality in respect of such alteration or diversion. Idem (4)Nothing in this section affects the rights acquired by any person from a judgment or order of any court prior to the 22nd day of June, 1976 or in respect of any proceeding commenced on or before that date and finally adjudicated after that date. R.S.O. 1990, c. M.45, s. 302.
Sidelines in double front concessions
303.(1)Where an allowance for a sideline road between lots in a double front concession in a township was so run in the original survey that the line in the front half of the concession does not meet the line in the rear half, the council of the township may open and lay out a road to connect the ends of such lines where they do not so meet. Term of by-law (2)The by-law shall provide that the road shall be opened and laid out in accordance with a survey to be made by an Ontario land surveyor named in the by-law. Appointment of another surveyor by judge (3)A judge of the Ontario Court (General Division), on the application of any person over whose land the connecting road will pass, who objects to the surveyor appointed by the by-law, may appoint another Ontario land surveyor in the place of the one so appointed. Application for appointment (4)The application shall be made within one month after the service of the copy of the by-law on the applicant and at least five days notice of the time when and the place where it will be heard by the judge shall be served upon every other person over whose land the connecting road will pass and upon the clerk of the municipality. Compensation, determination (5)The surveyor appointed by the by-law or, if another is appointed by the judge, the surveyor so appointed shall determine the compensation to be paid to the persons whose lands are taken for the connecting road, and the amount so determined shall be paid to them by the corporation of the township. Determination final (6)The determination of the surveyor as to the compensation is final. R.S.O. 1990, c. M.45, s. 303.
Mistakes in opening road allowances
304.Where the council of a municipality desiring to open an original allowance for road has by mistake opened a road that was intended to be, but is not wholly or partly upon such allowance, the land occupied by the road as so opened shall be deemed to have been expropriated under a by-law of the corporation, and no person on whose land such road or any part of it was opened is entitled to bring or maintain an action for or in respect of what was done or to recover possession of the land, but that person is entitled to compensation under and in accordance with the Expropriations Act as for land expropriated under the powers conferred by this Act. R.S.O. 1990, c. M.45, s. 304.
Sanction of council to laying out of highways
305.(1)No highway shall be laid out in any municipality without the sanction of the council of the municipality. R.S.O. 1990, c. M.45, s. 305 (1). (2)Repealed: 1999, c. 12, Sched. M, s. 18. Proviso (3)Nothing in this section affects the Planning Act. R.S.O. 1990, c. M.45, s. 305 (3). (4)Repealed: 1999, c. 12, Sched. M, s. 18.
Agreement for removal of obstructions to view of drivers
306.(1)The council of any municipality may enter into an agreement with the owner of land adjacent to the intersection of any two highways under the jurisdiction of the council or the intersection of a highway under the jurisdiction of the council and a railway or rapid transit right-of-way for the removal or alteration of any tree, shrub, bush, hedge, fence, signboard or other object on the land that may obstruct the view of drivers of vehicles or pedestrians on the highway when approaching the intersection. Application to judge for order (2)If the council is unable to make an agreement as provided in subsection (1), it may apply to the judge of the Ontario Court (General Division) for an order compelling the removal or alteration of any object in respect of which the application is made, upon such notice to the owner of the land affected as the judge may direct, and the judge may make an order, subject to the payment of such compensation or upon such other conditions as he or she may fix, compelling the owner of the land to remove or alter the object, or authorizing the municipal corporation to remove or alter the same and for that purpose to enter upon the land. R.S.O. 1990, c. M.45, s. 306.
Opening or improving, etc., highways in unorganized territories
307.The council of a municipality in unorganized territory may pass by-laws for opening, widening, maintaining or improving any highway or constructing, maintaining or improving any bridge in an adjoining municipality or unorganized township or in adjoining unsurveyed territory. R.S.O. 1990, c. M.45, s. 307.
Various by-laws
308.By-laws may be passed by the council of every municipality:
Boulevards
1. For setting apart portions of the highways at or near the sides of them for the purpose of boulevards, and for permitting the owners of land abutting on a highway to construct, make and maintain at their own expense boulevards on that part of the highway that may be set apart for that purpose, but not so as unreasonably to confine, impede or incommode public traffic.
Regulations
2. For regulating the construction, maintenance and protection of such boulevards.
Use of highways
3. For placing or permitting any person under such conditions as may be agreed upon to place, construct, install, maintain and use objects in, on, under or over sidewalks and highways under its jurisdiction, to permit any person to make, maintain and use areas under and openings in the highways and sidewalks, for prescribing the terms and conditions upon which the same are to be placed, constructed, installed, maintained or used. Restoration (a) A by-law passed under this paragraph may provide that, upon the termination of such privilege, the highway or sidewalk shall be restored to its former condition at the expense of the person to whom the privilege was granted, by filling in the area or opening or removing said object, or otherwise as may be required in the by-law. (b) Repealed: 2001, c. 25, s. 478 (12). Liability of corporation for damages (c) Subject to section 289, the municipal corporation is liable for any want of repair of the highway that may result from the construction, installation, maintenance or use of any such area or opening, or such other object.
Use of air-space over highways
4. For authorizing agreements between the corporation of the municipality and the owners or lessees of land abutting on a highway for the construction, maintenance and use of walks for pedestrians over, across or under the highway upon such terms and conditions as may be agreed and for contributing to the whole or any part of the costs thereof and for leasing or licensing the use of untravelled portions of such walks and adjoining lands to persons for such consideration and upon such terms and conditions as may be agreed and where the corporation of the municipality is the owner of the lands abutting on both sides of a highway, for authorizing the construction and maintenance by the municipality of walks for the use of pedestrians over, across or under the highway and for the leasing or licensing of untravelled portions of such walks and adjoining lands to persons for such consideration and upon such terms and conditions as may be agreed.
Bicycle paths
5. For setting apart and laying out so much of any highway as the council may consider expedient for the purposes of a bicycle path or foot path and for the regulation of the use of such a bicycle path or foot path.
Timber on road allowances
6. For preserving or selling the timber or trees on any original allowance for road, subject however to the rights, if any, of a licensee under Part III of the Crown Forest Sustainability Act, 1994 and, in the case of an unopened original allowance for road, subject also to the approval of the Minister of Natural Resources.
Regulations re pits, precipices, etc.
7. For making regulations as to pits, precipices and deep waters and other places dangerous to travellers within the municipality or within any defined area or areas thereof.
Stone and gravel pits
8. For acquiring either alone or jointly with the corporation of another municipality such land in either municipality as may be considered necessary for procuring therefrom stone or gravel for use in making, maintaining or repairing the highways under the jurisdiction of the council or councils, or for any other purpose.
Power to enter upon land to take timber, gravel, etc.
9. For entering upon and searching for and taking from land within the municipality, or with the consent of the council of an adjacent municipality expressed by by-law or resolution from land in such municipality, such timber, gravel, stone or other material as may be necessary for constructing, maintaining and keeping in repair the highways and bridges, or for any other purpose. R.S.O. 1990, c. M.45, s. 308; 1994, c. 25, s. 82; 2001, c. 25, s. 478 (12).
Noise abatement works
309.(1)By-laws may be passed by the council of every municipality for constructing noise abatement works on the untravelled portion of any highway. Definition (2)For the purposes of subsection (1), “municipality” includes a metropolitan, regional and district municipality and the County of Oxford. Local Improvement Act applies (3)The Local Improvement Act applies to a county, metropolitan, regional and district municipality and the County of Oxford for the purpose of constructing noise abatement works as if each of them were a municipality as defined in that Act. Special assessment and collection of special assessments (4)If a municipality described in subsection (3) (herein referred to as an upper-tier municipality) proceeds under the Local Improvement Act, a local municipality shall provide all information requested by the upper-tier municipality for the purpose of the preparation of the special assessment rolls, and the clerk of the upper-tier municipality, after certifying the special assessment rolls, shall forward the same to the treasurer of the local municipality concerned who shall enter the special assessments on the collector’s roll and collect the same in the same manner as taxes and remit the same with the penalties, if any, to the treasurer of the upper-tier municipality. R.S.O. 1990, c. M.45, s. 309.
Untravelled portions of highways
310.By-laws may be passed by the council of every local municipality, (a) for leasing or licensing the use of untravelled portions of highways under the jurisdiction of the council, except highways that are extensions or connecting links of the King’s Highway, to the owners or occupants of adjoining property for such consideration and upon such terms and conditions as may be agreed; (b) for regulating and controlling the use, including the use for parking purposes, of untravelled portions of highways under the jurisdiction of the council that are not extensions or connecting links of the King’s Highway, which are leased or in respect of which a licence is granted under clause (a). R.S.O. 1990, c. M.45, s. 310.
Purchasing or renting machinery
311.(1)Subject to subsection (2), the council of every municipality may pass by-laws for purchasing conditionally, or otherwise, or for renting for a term of years or otherwise, machinery and appliances for the purposes of the corporation, and for borrowing money for the purpose of paying the purchase price for any period not exceeding five years and for issuing debentures for the money so borrowed, or for issuing to the vendor debentures payable within that period in payment of the purchase money. Purchase of road-making machinery (2)Where a by-law is passed by the council of a municipality under subsection (1) for the purchase of road-making machinery or appliances, the by-law may provide for the borrowing of money for the purpose of paying the purchase price for any period not exceeding ten years and for issuing debentures for the money so borrowed or for issuing to the vendor debentures payable within that period in payment of the purchase money. R.S.O. 1990, c. M.45, s. 311.