jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “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”) “grading” means configuring the surface of the land by removing, adding or moving material, whether earthen or otherwise; (“nivellement”) “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”) “structure” includes any above or below ground installation or infrastructure; (“structure”) “Tribunal” means the Ontario Land Tribunal. (“Tribunal”) R.S.O. 1990, c. P.50, s. 1; 2017, c. 23, Sched. 5, s. 104; 2019, c. 8, Sched. 5, s. 1; 2021, c. 4, Sched. 6, s. 83 (1). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 104 (1, 2) - 03/04/2018 2019, c. 8, Sched. 5, s. 1 - 06/06/2019 2021, c. 4, Sched. 6, s. 83 (1) - 01/06/2021 PART I   LAND ACQUISITION, HIGHWAYS AND OTHER WORKS
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. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
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.
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.
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.
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.
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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (1) - 25/07/2007
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.
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.
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.
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.
11.1 (1) Subsections 6 (2) to (5), section 7 and subsections 8 (1) and (2) of the Expropriations Act do not apply to an expropriation of land under section 11. 2020, c. 18, Sched. 19, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11.1 (1) of the Act is amended by striking out “section 7 and subsections 8 (1) and (2)” and substituting “section 7, subsections 8 (1) and (2) and section 8.1”. (See: 2021, c. 4, Sched. 5, s. 7) Transition (2) If a decision under subsection 8 (2) of the Expropriations Act has not been made in respect of an intended expropriation of land under section 11 before the day section 1 of Schedule 19 of the COVID-19 Economic Recovery Act, 2020
comes into force, (a)  no hearing shall be held on the matter under section 7 of the Expropriations Act; (b)  any hearing on the matter that has been commenced is deemed to be terminated on the day section 1 of Schedule 19 of the COVID-19 Economic Recovery Act, 2020 comes into force; and (c)  no report on the matter shall be given under subsection 7 (6) of the Expropriations Act. 2020, c. 18, Sched. 19, s. 1. This section prevails (3) This section applies despite subsection 2 (4) of the Expropriations Act. 2020, c. 18, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 19, s. 1 - 21/07/2020 2021, c. 4, Sched. 5, s. 7 - not in force
11.2 (1) The Minister may establish a process for receiving comments from property owners about a proposed expropriation under section 11 and for considering those comments. 2020, c. 18, Sched. 19, s. 1. How process established (2) The Minister may make regulations establishing the process or may establish the process by another means. 2020, c. 18, Sched. 19, s. 1. Statutory Powers Procedure Act (3) The Statutory Powers Procedure Act does not apply to a process for receiving and considering comments about a proposed expropriation under this section. 2020, c. 18, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 19, s. 1 - 21/07/2020
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.
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). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
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. R.S.O. 1990, c. P.50, s. 14 (1). Determination of compensation (2) Every such claim for compensation not agreed upon by the Minister and the claimant shall be determined by the Tribunal and not otherwise, and the Ontario Land Tribunal Act, 2021, except section 24, applies so far as is practicable to every such claim that is referred to the Tribunal. 2017, c. 23, Sched. 5, s. 105; 2021, c. 4, Sched. 6, s. 83 (2). 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 Tribunal as to compensation under this Part. R.S.O. 1990, c. P.50, s. 14 (3); 2017, c. 23, Sched. 5, s. 106. 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 Tribunal subject to the rules of court as to vacations. R.S.O. 1990, c. P.50, s. 14 (4); 2017, c. 23, Sched. 5, s. 106. 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 (5). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 105, 106 - 03/04/2018 2021, c. 4, Sched. 6, s. 83 (2) - 01/06/2021
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.
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. R.S.O. 1990, c. P.50, s. 16 (1). Where interest may be withheld (2) Where the Tribunal 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 Tribunal 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. 2017, c. 23, Sched. 5, s. 107. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 107 - 03/04/2018
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. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. T, s. 10 - 22/06/2006
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.
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.
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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (2) - 25/07/2007
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). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 49 - 01/01/1996 2006, c. 21, Sched. F, s. 128 (3) - 25/07/2007 22, 23 Repealed:  1996, c. 1, Sched. M, s. 50. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 50 - 01/01/1996
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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (4) - 25/07/2007
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.
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). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 31 - 01/04/1999 2002, c. 17, Sched. F, Table - 01/01/2003 2005, c. 26, Sched. B, s. 2 - 28/04/2006
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 subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, 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; 2019, c. 7, Sched. 17, s. 150. Section Amendments with date in force (d/m/y) 2005, c. 26, Sched. B, s. 3 - 01/10/2006 2019, c. 7, Sched. 17, s. 150 - 01/07/2019
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.
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.
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. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003
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). Section Amendments with date in force (d/m/y) 1994, c. 17, s. 63 (1, 2) - 23/06/1994 2002, c. 17, Sched. F, Table - 01/01/2003
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.
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
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); 2019, c. 8, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 8, Sched. 5, s. 3 - 06/06/2019
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 Tribunal, 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); 2017, c. 23, Sched. 5, s. 106. Application for approval (3) The Tribunal 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 Tribunal determines, and may further direct that particulars of objections to the closing shall be filed with the Tribunal and the Minister within such time as the Tribunal directs. 2017, c. 23, Sched. 5, s. 108. Powers of Tribunal (4) Upon the hearing of the application, the Tribunal may make an order refusing its approval or granting its approval upon such terms and conditions as it considers proper. 2017, c. 23, Sched. 5, s. 108. 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 Tribunal 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); 2017, c. 23, Sched. 5, s. 106. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 23, Sched. 5, s. 106, 108 - 03/04/2018
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
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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (8) - 25/07/2007 PART IV   TERTIARY ROADS
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 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; 2019, c. 14, Sched. 14, s. 13 (1). 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). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 21, Sched. F, s. 128 (9) - 25/07/2007 2019, c. 14, Sched. 14, s. 13 (1) - 01/01/2022 PART V   RESOURCE ROADS
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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (10) - 25/07/2007 PART VI   INDUSTRIAL ROADS
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). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (11) - 25/07/2007 Part VII Repealed 44 Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 45 Repealed:  1996, c. 1, Sched. M, s. 52. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 52 - 01/01/1996 46 Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 47-53 Repealed:  1996, c. 1, Sched. M, s. 54. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 54 - 01/01/1996 54, 55 Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 56 Repealed:  1996, c. 1, Sched. M, s. 54. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 54 - 01/01/1996 57 Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 58-60 Repealed:  1996, c. 1, Sched. M, s. 56. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 56 - 01/01/1996 61-63 Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 64 Repealed:  1996, c. 1, Sched. M, s. 56. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 56 - 01/01/1996 Part VIII (ss. 65-71) Repealed:  1996, c. 1, Sched. M, s. 56. 65-71 Repealed:  1996, c. 1, Sched. M, s. 56. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 56 - 01/01/1996 PART IX   Federal and Reserve ROADS 72 Repealed:  2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 73, 74 Repealed:  1996, c. 1, Sched. M, s. 58. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 58 - 01/01/1996
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. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 59 - 01/01/1996 76, 77 Repealed:  1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996 Part X (ss. 78-85) Repealed:  1996, c. 1, Sched. M, s. 60. 78-85 Repealed:  1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996 Part XI (ss. 86-88) Repealed:  1996, c. 1, Sched. M, s. 60. 86-88 Repealed:  1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996 Part XII (s. 89) Repealed:  1996, c. 1, Sched. M, s. 60. 89 Repealed:  1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996 PART XIII   ROADS IN TERRITORY WITHOUT MUNICIPAL ORGANIZATION
90 (1) The Minister may arrange with, (a)  the Government of Canada; (b)  the local roads board elected under the Local Roads Boards Act; or (c)  Repealed: 2019, c. 14, Sched. 14, s. 13 (2). (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); 2019, c. 14, Sched. 14, s. 13 (2). 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. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2019, c. 14, Sched. 14, s. 13 (2) - 01/01/2022 Part XIV (ss. 91, 92) Repealed:  2006, c. 19, Sched. T, s. 11. 91 Repealed:  2006, c. 19, Sched. T, s. 11. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 139 (6) - 01/04/1995 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 19, Sched. T, s. 11 - 22/06/2006; 2006, c. 21, Sched. F, s. 128 (12) - no effect - see 2006, c. 19, Sched. T, s. 11 - 22/06/2006 92 Repealed:  2006, c. 19, Sched. T, s. 11. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 61 - 01/01/1996 2006, c. 19, Sched. T, s. 11 - 22/06/2006 PART XV   PUBLIC TRANSPORTATION