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 City; “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 the City; “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. 612/06, s. 1 (1); O. Reg. 22/10, s. 1 (1); O. Reg. 46/13, s. 1; O. Reg. 367/18, s. 1 (1, 2). (2) For the purposes of this Regulation, every highway or part of a highway under the City’s jurisdiction 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. 612/06, s. 1 (2); O. Reg. 367/18, 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 the City’s 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. 612/06, s. 1 (3); O. Reg. 22/10, s. 1 (2); O. Reg. 367/18, s. 1 (3). (4) For the purposes of this Regulation, unless otherwise indicated in a provision of this Regulation, the City is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the City ought reasonably to be aware of the fact. O. Reg. 367/18, 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. 367/18, s. 1 (5).