Definitions
  1. (1) In this Regulation, “bicycle facility” means the on-road and in-boulevard cycling facilities listed in Book 18 of the Ontario Traffic Manual; “bicycle lane” means, (a) a
portion of a roadway that has been designated by pavement markings or signage for the preferential or exclusive use of cyclists, or (b) a
portion of a roadway that has been designated for the exclusive use of cyclists by signage and a physical or marked buffer; “cm” means centimetres; “day” means a 24-hour period; “encroachment” means anything that is placed, installed, constructed or planted within the highway that was not placed, installed, constructed or planted by the municipality; “ice” means all kinds of ice, however formed; “motor vehicle” has the same meaning as in subsection 1 (1) of the Highway Traffic Act, except that it does not include a motor assisted bicycle; “non-paved surface” means a surface that is not a paved surface; “Ontario Traffic Manual” means the Ontario Traffic Manual published by the Ministry of Transportation, as amended from time to time; “paved surface” means a surface with a wearing layer or layers of asphalt, concrete or asphalt emulsion; “pothole” means a hole in the surface of a roadway caused by any means, including wear or subsidence of the road surface or subsurface; “roadway” has the same meaning as in subsection 1 (1) of the Highway Traffic Act; “shoulder” means the portion of a highway that provides lateral support to the roadway and that may accommodate stopped motor vehicles and emergency use; “sidewalk” means the part of the highway specifically set aside or commonly understood to be for pedestrian use, typically consisting of a paved surface but does not include crosswalks, medians, boulevards, shoulders or any part of the sidewalk where cleared snow has been deposited; “significant weather event” means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within a municipality; “snow accumulation” means the natural accumulation of any of the following that, alone or together, covers more than half a lane width of a roadway: 1. Newly-fallen snow. 2. Wind-blown snow. 3. Slush; “substantial probability” means a significant likelihood considerably in excess of 51 per cent; “surface” means the top of a sidewalk, roadway or shoulder; “utility” includes any air, gas, water, electricity, cable, fiber-optic, telecommunication or traffic control system or subsystem, fire hydrants, sanitary sewers, storm sewers, property bars and survey monuments; “utility appurtenance” includes maintenance holes and hole covers, water shut-off covers and boxes, valves, fittings, vaults, braces, pipes, pedestals, and any other structures or items that form part of or are an accessory part of any utility; “weather” means air temperature, wind and precipitation. “weather hazard” means the weather hazards determined by Environment Canada as meeting the criteria for the issuance of an alert under its Public Weather Alerting Program. O. Reg. 239/02, s. 1 (1); O. Reg. 23/10, s. 1 (1); O. Reg. 47/13, s. 1; O. Reg. 366/18, s. 1 (1, 2). (2) For the purposes of this Regulation, every highway or part of a highway under the jurisdiction of a municipality in Ontario is classified in the Table to this section as a Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6 highway, based on the speed limit applicable to it and the average daily traffic on it.  O. Reg. 239/02, s. 1 (2); O. Reg. 366/18, s. 1 (3). (3) For the purposes of subsection (2) and the Table to this section, the average daily traffic on a highway or part of a highway under municipal jurisdiction shall be determined, (a) by counting and averaging the daily two-way traffic on the highway or part of the highway; or (b) by estimating the average daily two-way traffic on the highway or part of the highway.  O. Reg. 239/02, s. 1 (3); O. Reg. 23/10, s. 1 (2); O. Reg. 366/18, s. 1 (3). (4) For the purposes of this Regulation, unless otherwise indicated in a provision of this Regulation, a municipality is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the municipality ought reasonably to be aware of the fact. O. Reg. 366/18, s. 1 (4). TABLE   CLASSIFICATION OF HIGHWAYS Column 1 Average Daily Traffic (number of motor vehicles)   Column 2 91 - 100 km/h speed limit   Column 3 81 - 90 km/h speed limit   Column 4 71 - 80 km/h speed limit   Column 5 61 - 70 km/h speed limit   Column 6 51 - 60 km/h speed limit   Column 7 41 - 50 km/h speed limit   Column 8 1 - 40 km/h speed limit 

  53,000 or more   1   1   1   1   1   1   1 

  23,000 - 52,999   1   1   1   2   2   2   2 

  15,000 - 22,999   1   1   2   2   2   3   3 

  12,000 - 14,999   1   1   2   2   2   3   3 

  10,000 - 11,999   1   1   2   2   3   3   3 

  8,000 - 9,999   1   1   2   3   3   3   3 

  6,000 - 7,999   1   2   2   3   3   4   4 

  5,000 - 5,999   1   2   2   3   3   4   4 

  4,000 - 4,999   1   2   3   3   3   4   4 

  3,000 - 3,999   1   2   3   3   3   4   4 

  2,000 - 2,999   1   2   3   3   4   5   5 

  1,000 - 1,999   1   3   3   3   4   5   5 

  500 - 999   1   3   4   4   4   5   5 

  200 - 499   1   3   4   4   5   5   6 

  50 - 199   1   3   4   5   5   6   6 

  0 - 49   1   3   6   6   6   6   6 O. Reg. 366/18, s. 1 (5).