Controlled-access roads
40. (1) The Regional Council may by by-law designate any road in the regional road system, or any portion thereof, as a controlled-access road. R.S.O. 1990, c. R.8, s. 40 (1). Closing municipal roads (2) Subject to the approval of the Municipal Board, the Regional Council may by by-law close any municipal road that intersects or runs into a regional controlled-access road. R.S.O. 1990, c. R.8, s. 40 (2). Notice of application for approval for closing road (3) The Municipal Board may direct that notice of any 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 as the Municipal Board may determine, and may further direct that particulars of objections to the closing shall be filed with the Municipal Board and the Regional Corporation within such time as the Municipal Board shall direct. R.S.O. 1990, c. R.8, s. 40 (3). Order of O.M.B. (4) Upon the hearing of the application for approval of the closing of a road, the Municipal Board may make such order as it considers proper refusing its approval or granting its approval upon such terms and conditions as it considers proper, and any order of the Municipal Board approving of the closing of a road may contain provisions, (a) determining the portion or portions of the road that shall be closed; (b) providing for the payment of the costs of any person appearing on such application and fixing the amount of such costs; and (c) providing for the doing of such other acts as in the circumstances it considers proper. R.S.O. 1990, c. R.8, s. 40 (4). Closing road (5) Upon the approval of the Municipal Board being so obtained but subject to the order of the Municipal Board made on the application for such approval, the Regional Corporation may do all such acts as may be necessary to close the road in respect of which the application is made. R.S.O. 1990, c. R.8, s. 40 (5). Appeal (6) The Regional Corporation, or any person including an area municipality, that has filed particulars of an objection may, with the leave of the Divisional Court, appeal to that court from any order made under subsection (4). R.S.O. 1990, c. R.8, s. 40 (6). Time for appeal (7) Application for leave to appeal shall be made within thirty days after the date of the determination or order of the Municipal Board subject to the rules of court as to vacations. R.S.O. 1990, c. R.8, s. 40 (7). Closing road (8) Where, at any time after making application for the approval of the Municipal Board of the closing of a road, the Regional Corporation discontinues its application or, having obtained such approval, does not proceed with the closing of the road, the Municipal Board may, upon the application of any person whose land would be injuriously affected by the closing of the road and who has appeared upon such application for approval, make such order as to costs against the Regional Corporation as it considers proper and may fix the amount of such costs. R.S.O. 1990, c. R.8, s. 40 (8). Appeal (9) Any person who claims to be injuriously affected by the closing of a road may, by leave of the Divisional Court, appeal to that court from any order of the Municipal Board approving the closing of such road, and the Regional Corporation may, upon like leave, appeal from any order of the Municipal Board made on an application under this section. R.S.O. 1990, c. R.8, s. 40 (9). Leave to appeal (10) The leave may be granted on such terms as to the giving of security for costs and otherwise as the court may consider just. R.S.O. 1990, c. R.8, s. 40 (10). Practice and procedure on appeal (11) The practice and procedure as to the appeal and matters incidental thereto shall be in accordance with the rules of court and the decision of the Divisional Court is final. R.S.O. 1990, c. R.8, s. 40 (11). Non-application (12) Section 96 of the Ontario Municipal Board Act does not apply to an appeal under this section. R.S.O. 1990, c. R.8, s. 40 (12). Application (13) Subsections (8) and (9) apply only to The Regional Municipality of York and subsections (6) and (7) do not apply to that regional municipality. 2000, c. 5, s. 21 (15).