This is the exact embedded text of the captured official document.
Snapshot eb2e105ed22a · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NO. 2019-19
ATV BY-LAW
BEING a By-Law to regulate the operation of "All Terrain Vehicles (ATV)" within the Township of
East Hawkesbury.
WHEREAS, the Municipal Act, 2001, as amended, Section 11(3) provides that a lower tier and
upper tier municipality may pass by-laws respecting matters concerning highways, including
parking and traffic on highways;
AND WHEREAS the Highway Traffic Act, R.S.O. 1990, Chapter H8, Section 191.8 as
amended, provides that a municipality may pass by-laws for:
Permitting the operation of off-road vehicles with three (3) or more wheels and low-pressure
bearing tires on any highway within the municipality that is under the jurisdiction of the
municipality, or on any part or parts of such highways;
Prescribing a lower rate of speed for off-road vehicles with four wheels and low-pressure
bearing tires than that prescribed for off-road vehicles by regulation on any highway;
Permitting the operation of off-road vehicles with four wheels and low-pressure bearing tires on
any highway or part or parts of such highway only during specific hours.
AND WHEREAS, Ontario Regulation 316/03 under the Highway Traffic Act regulates the
operation of off-road vehicles on highways.
THEREFORE, the Council of the Corporation of the Township of East Hawkesbury enacts as
follows:
1. Definitions
1.1
"All-Terrain Vehicle" means an off-road vehicle that
1.1.1
has four wheels, the tires of which are in contact with the ground;
1.1.2
has steering handlebars;
1.1.3
has a seat that is designed to be straddled by the driver, and
1.1.4
is designed to carry a driver and one passenger.
1.2
"Off-Road Vehicle" has the same meaning as in the Off-Road Vehicles Act, R.S.O. 1990, Chapter
O.4
1.3
"Corporation" means the Corporation of the Township of East Hawkesbury;
1.4
"Highway" includes a common and public highway, street, avenue, parkway, driveway, square,
place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the
passage of vehicles and includes the area between the lateral property lines thereof;
1.5
"Organized Trail" means the whole of any trail established and maintained by a municipality or
recognized ATV recreational organization for the use of off-road vehicles.
2. General Provisions
2.1
No person shall drive an ATV on any highway under the jurisdiction of the Corporation, except
within the organized trails and roads as designated under Schedule "A" of this By-Law.
2.2
Subject to Section 2.1 above, any person driving an ATV on an organized ATV trail as designated
in Schedule "A" to this By-Law, shall be subject to a recognized ATV Club membership and may use the
shoulder of the designated highway to travel.
2.3
The Corporation reserves the right to restrict the use of the designated trails and highways
should it be determined by the Road Superintendent that there is damage being done during the spring
thaw or any time deemed necessary to do so.
2.4
No person shall operate an ATV on any highway or organized trail between the hours of 11:00
p.m. to 7:00 a.m.
2.5
No ATV trail shall be permitted on private lands within 200 feet from a dwelling.
2.6
No person shall drive an ATV within the parks and other lands owned by the Corporation.
3. Speed Limit
3.1
An ATV shall not be driven at a rate of speed greater than:
3.1.1
20 kilometres per hour, if the speed limit established under the Highway Traffic Act or by
municipal by-law for that part of the highway is not greater than 50 kilometres per hour, or
3.1.2
50 kilometres per hour, if the speed limit established under the Highway Traffic Act or by
municipal by-law for that part of the highway is greater than 50 kilometres per hour.
4. Identification
4.1
Every ATV shall have a registration number, in a clearly visible position, showing the registration
number of the ATV in the form and manner prescribed in the regulations of the Ministry of
Transportation.
4.2
Further to Section 4.1 above, every ATV shall bear a recognized ATV Club membership
registration number, in the form and manner prescribed by the recognized ATV club policies and
guidelines.
5. Exemptions
5.1
In cases of emergency, parades and other special events, the Corporation may authorize or
permit the use of ATV's on specific highways during specific times.
5.2
The regulations prescribed in this By-Law do not apply to an ATV operated by a police officer,
constable, conservation officer or peace officer while on duty or any other employee as defined in
Section 25, Part IV of O. Reg. 316/03 made under the Highway Traffic Act.
5.3
This By-Law does not apply to off-road vehicles if the owner holds a valid driver's license and is
permitted to drive on a highway, if the vehicle is designed to travel on more than two wheels and the
driver is:
5.3.1
a farmer using the vehicle for agricultural purposes;
5.3.2
a person licensed under the Fish and Wildlife Conservation Act, 1997 to trap furbearing
mammals, if the person is using the vehicle for trapping purposes, and the vehicle or a vehicle drawn by
it bears a "Slow Moving Vehicle" sign.
6. Review
Council reserves the right to review this by-law on a regular basis and repeal should there be
complaints from the general public of the activities of the ATV operators causing public disturbances.
7. Penalties
Any person who contravenes any provision of this by-law and who is found guilty of an offence
in a Court of competent jurisdiction is, upon conviction, liable to a fine in accordance with the provisions
of the Provincial Offences Act and any other penalties deemed suitable as the case may be.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 11th DAY OF
MARCH, 2019.
SEAL
"Signed"
"Signed"
__________________________
_____________________________
Robert Kirby, Mayor
Luc Lalonde, Clerk-Treasurer
SCHEDULE "A" TO BY-LAW NO. 2019-19
DESIGNATED ROADS FOR ATV'S
All terrain vehicles (ATV) may use Township owned highways (excluding green roads and
unopened road allowances during the following period:
From 7:00 a.m. to 11:00 p.m.