When access road may be closed
2 (1) No person shall construct, place or maintain a barrier or other obstacle over an access road, not being a common road, that, as a result, prevents all road access to one or more parcels of land or to boat docking facilities therefor, not owned by that person unless, (a) the person has made application to a judge for an order closing the road and has given ninety days notice of such application to the parties and in the manner directed by this Act and the judge has granted the application to close the road; (b) the closure is made in accordance with an agreement in writing with the owners of the land affected thereby; (c) the closure is of a temporary nature for the purposes of repair or maintenance of the road; or (d) the closure is made for a single period of no greater than twenty-four hours in a year for the purpose of preventing the acquisition of prescriptive rights.  R.S.O. 1990, c. R.34, s. 2 (1). When common road may be closed (2) No person shall construct, place or maintain a barrier or other obstacle over a common road that as a result prevents the use of the road unless, (a) the person has made application to a judge for an order closing the road and has given ninety days notice of the application to the parties and in the manner directed by this Act and the judge has granted the application to close the road; or (b) the closure is of a temporary nature for the purposes of repair or maintenance of the road.  R.S.O. 1990, c. R.34, s. 2 (2). Notice (3) Notice of an application to close an access road that is not a common road shall be served personally upon or sent by registered mail to the owner of each parcel of land served by the road who would, if the road were closed, be deprived of motor vehicle access to and from the owner’s land and, where the owner is not occupying the land, notice shall also be given to a tenant or occupant of the land by either, (a) handing the notice to an adult person who is a tenant or occupant of the land; or (b) posting the notice on the land in a place and manner that makes the notice conspicuous to an occupant of the land.  R.S.O. 1990, c. R.34, s. 2 (3). Idem (4) Notice of an application to close a common road shall be published at least once a week for four successive weeks in a newspaper that is circulated in the area in which the proposed road closure is located, the last publication to be not less than ninety days before the date fixed for the hearing of the application, and any person who uses the road is entitled to be a party to the proceedings on the application.  R.S.O. 1990, c. R.34, s. 2 (4). Idem (5) Notice of an application made under subsection (1) or (2) shall be given by registered mail to the clerk of the local municipality and the clerk of the upper-tier municipality in which the road is situated or, in the case of a road located in territory without municipal organization, notice shall be similarly given to the Minister of Northern Development, Mines and Forestry.  R.S.O. 1990, c. R.34, s. 2 (5); 2002, c. 17, Sched. F, Table; 2009, c. 33, Sched. 23, s. 8. Affidavit to accompany application (6) An application under subsection (1) or (2) shall be accompanied by an affidavit of the applicant in which shall be included a description of the road sought to be closed, the proposed location of the barrier or other obstacle, the reasons in support of the closure, and, in the case of an application under subsection (1), the names and addresses of the persons who would, if the road were closed, be deprived of access to their lands.  R.S.O. 1990, c. R.34, s. 2 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 33, Sched. 23, s. 8 - 15/12/2009