Lennox and Addington County, Ontario
· adopted 2020-03-25
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THE CORPORATION OF THE COUNTY OF LENNOX AND ADDINGTON
BY-LAW NO.
3469/20
A BY-LAW TO REPEAL BY-LAW NO. 3361/17 AND TO ESTABLISH ROADWAY
SERVICE STANDARDS FOR THE COUNTY OF LENNOX AND ADDINGTON ROAD
SYSTEM
WHEREAS, pursuant to Sections 11 and 27 of the Municipal Act, 2001, a Council of a
municipality may pass by-laws in respect of a highway or bridge under its jurisdiction;
AND WHEREAS, pursuant to Chapter 25, Section 44 (1) and (4) of the Municipal Act,
2001, a municipality that has jurisdiction over a highway or bridge thereon is required to
keep it in a reasonable state of repair in accordance with minimum standards of repair
established by the Minister of Transportation;
AND WHEREAS, the minimum maintenance standards for municipal highways are
stated in Ontario Regulations 239/02, as amended;
AND WHEREAS, the Council of the Corporation of the County of Lennox and Addington
deems it expedient and necessary to implement policy to identify certain standards for
roadway services on roads under the jurisdiction of the Corporation of the County of
Lennox and Addington based on the classification of the road;
AND WHEREAS, the Council of the Corporation of the County of Lennox and Addington
is desirous of repealing By-law No. 3361/17 and subsequent amending by-laws;
NOW THEREFORE, the Council of the Corporation of the County of Lennox and
Addington enacts as follows:
1. That the classification of County of Lennox and Addington Roads be set out in
Schedule "A" attached hereto and forming part of this by-law.
2. That the standards included in the Minimum Maintenance Standards in Ontario
Regulation 239/02, as amended, and set out in Schedule "B", be adopted as the
Roadway Service Standards for the County of Lennox and Addington.
3. That neither the Corporation of the County of Lennox and Addington nor its
officials make any promise or assurance that roadway services will be in excess
of the standards set out in Schedule "B".
4. That where situations arise or which fall outside the scope of these standards, the
County shall respond as it deems to be appropriate, with respect to budgetary
constraint and best practices.
By-law No. Page 2
5. That By-law No. 3361/17, establishing minimum and desirable roadway service
standards for County of Lennox and Addington roads, and its subsequent
amending by-laws are hereby repealed.
6. That this by-law shall come into force and take effect on the date of its passing.
Read a first, second and third time and finally passed this 25th day of March, 2020.
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SCHEDULE"A"
County
Road
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
2
2
2
2
2
2
3
4
4
4
4
4
Limits
Cty. Rd. 10 to 0.60 km West of CNR Underpass
0.60 km West of CNR Underpass to Enviro Park Lane
Enviro Park Lane to Thomas St.
Thomas St. to Bridge St. E/Belleville Rd.
Bridge St. E/Belleville Rd. to Industrial Blvd/Newburgh Rd.
Industrial Blvd/Newburgh Rd. to Grouse St.
Grouse St. to 0.16 km West of Cty. Rd. 27
0.16 km West of Cty. Rd. 27 to 0.55 km East of Cty. Rd. 27
0.55 km East of Cty. Rd. 27 to 0.64 km West of Cty. Rd. 4
0.64 km West of Cty. Rd. 4 to 0.56 km East of Cty. Rd. 4
0.56 km East of Cty. Rd. 4 to 0.16 km West of Cty. Rd. 6
0.16 km West of Cty. Rd. 6 to Ewart St.
Ewart St. to 0.48 km East of Cty. Rd. 6
0.48 km East of Cty. Rd. 6 to County Boundary
Cty. Rd. 10 to 0.5 km East of Cty. Rd. 10
0.5 km East of Cty. Rd. 10 to 70m East of Richmond Park
Drive
70m East of Richmond Park Drive to Alma Ave.
Alma Ave. to Cty. Rd. 5
Cty. Rd. 5 to 70m East of Oke Rd.
70m East of Oke Rd. to 0.35 km West of Cty. Rd. 4
0.35 km West of Cty. Rd. 4 to 0.40m East of Cty. Rd. 4
0.40m East of Cty. Rd. 4 to 0.50km West of Creighton Drive
0.50km West of Creighton Drive 50m west of Creighton
Drive
50m west of Creighton Drive to 100m East of Cty. Rd. 6
100m East of Cty. Rd. 6 to 50m East of Shane St.
50m East of Shane St. to County Boundary
From Cty. Rd 41 to County Boundary (entire length)
Hwy 33 to 0.4km South of Cty. Rd: 2
0.4 km South of Cty. Rd. 2 to 0.4 km North of Cty. Rd. 2
0.4 km North of the Cty. Rd. 2 to 0.32 km South of Cty. Rd.
1
0.32 km South of Cty. Rd. 1 to Cty. Rd. 1
Cty. Rd. 1 to 0.48 km North of Cty. Rd. 1
Updated March 9, 2020
Ontario Reg.
239/02 Road
Classification
3
4
5
4
4
4
3
5
3
5
3
5
5
3
3
3
4
3
4
2
3
2
3
4
3
2
4
3
4
3
4
5
SCHEDULE"A"
County
Road
4
4
4
4
4
4
4
4
4
4
5
5
5
6
6
6
6
6
6
6
6
7
7
8
8
8
8
8
8
8
Limits
0.48 km North of Cty. Rd. 1 to 0.83 km North of Cty. Rd. 1
0.83 km North of Cty. Rd. 1 to 0.72 km South of Lake Rd.
0.72 km South of Lake Rd. to 0.20 km South of Lake Rd.
0.20 km South of Lake Rd. to 0.11 km North of Lake Rd.
0.11 km North of Lake Rd to 0.32 km North of Lake Rd.
0.32 km North of Lake Rd. to Adair Rd.
Adair Rd. to 0.16 km North of Ballantra Drive
Ballantra Drive to 0.39 km West of Cty. Rd. 15
0.39 km West of Cty. Rd. 15 to 45m West of Cedarstone
Rd.
45m West of Cedarstone Rd. to Cty. Rd. 41
Cty. Rd. 2 to 15m West of Cardiff Lane
15m West of Cardiff Lane to Cty. Rd. 18
Cty. Rd. 18 to Cty. Rd. 4
Hwy. 33 to 0.23 km South of Cty. Rd. 1
0.23 km South of Cty. Rd. 1 to Cty. Rd. 1
North intersection of Cty. Rd. 1 to 0.66 km North of Cutler
Rd.
0.66 km North of Cutler Rd. to 0.28 km. South of Colebrook
Rd.
0.28 km South of Colebrook Rd. to 85m North of Bethel Rd.
85m North of Bethel Rd. to 0.22 km South of Moscow Rd.
0.22 km South of Moscow Rd. to 0.22 km North of Moscow
Rd.
0.22 km North of Moscow Rd. to Cty. Rd. 14
Hwy. 33 to 1.10 km North of Hwy. 33
1.10 km North of Hwy. 33 to Cty.-Rd. 2
Cty. Rd. 2 to Cty. Rd. 9 (North Intersection)
Cty. Rd. 9 North Intersection to Golf Course Lane
Golf Course to 1.98 km South of Golf Course Lane
1.98 km South of Golf Course Lane to South Shore Rd.
(East intersection)
South Shore Rd. (East intersection) to 0.45 km East of
South Shore Rd. (West intersection)
0.45 km East of South Shore Rd. (West intersection) to 1.61
km North of Hwy. 33
1.61 km North of Hwy. 33 to Hwy. 33
Ontario Reg.
239/02 Road
Classification
4
3
4
5
4
3
4
5
4
3
4
3
4
3
5
5
3
5
3
5
4
5
3
3
4
3
3
4
5
4
Updated March 9, 2020
SCHEDULE"A"
County
Road
9
9
9
10
10
11
11
11
11
11
12
12
12
12
13
14
14
14
14
14
15
15
15
16
17
17
18
19
19
20
21
22
Limits
Northerly intersection of Cty. Rd. 8/Palace Rd. to 1.30 km
West of Edgewood Drive
1.30 km West of Edgewood Drive to Abrams Rd.
Abrams Rd. to Cty. Rd. 8 (South intersection)
Cty. Rd. 2 to Hwy 401
Hwy401 toCty. Rd. 11
Cty. Rd. 10 to 0.35 km West of Cty. Rd. 41
0.35 km West of Cty. Rd. 41 to 0.52 km East of Cty. Rd. 41
0.52 km East of Cty. Rd. 41 to 0.28 km East of Cty. Rd. 16
0.28 km East of Cty. Rd. 16 to 0.44 km West of Cty. Rd. 27
0.44 km West of Cty. Rd. 27 to Cty. Rd. 27
Cty. Rd. 41 to 0.35 km South of Salmon River Rd.
0.35 km South of Salmon River Rd. to 0.10 km East of
Buttermilk Falls Rd.
0.10 km East of Buttermilk Falls Rd. to 0.50 km West of
Brown Rd.
0.50 km West of Brown Rd. to Enright Rd.
Cty. Rd. 41 to County Boundary (entire length)
Cty. Rd. 41 to 0.5 km West of Teskey Rd.
0.5 km West of Tesky Rd. to 0.20 km East of Cty. Rd. 27
0.20 km East of Cty. Rd. 27 to 1.23 km West of Lake Rd.
1.23 km West of Lake Rd. to 0.72 km West of Cty. Rd. 6
0.72 km West of Cty. Rd. 6 to County Boundary
Cty. Rd. 4 to 0.64 km North of Cty. Rd. 4
0.64 km North of Cty. Rd. 4 to 0.50 km South of Cedarstone
Rd.
0.50 km South of Cedarstone Rd. to County Boundary
Cty. Rd. 1 to Cty. Rd. 11 (entire length)
Cty. Rd. 27 to 0.40 km East of Cty. Rd. 27
0.40 km East of Cty. Rd. 27 to Cty. Rd. 4
Cty. Rd. 5 to Cty. Rd. 1 (entire length)
From Hwy. 401 ramp to 2.20 km East of Hwy 401 ramp
2.20 km East of Hwy. 401 ramp to County boundary
Cty. Rd. 6 to County boundary (entire length)
Cty. Rd. 8 South to Hwy. 33 (entire length)
Cty. Rd. 8 to Cty. Rd. 7 (entire length)
Ontario Reg.
239/02 Road
Classification
4
3
4
3
3
4
5
4
3
5
4
6
5
4
4
4
5
4
5
4
5
4
5
4
5
4
3
4
3
3
3
4
Updated March 9, 2020
SCHEDULE"A"
County
Road
23
23
24
24
25
26
27
27
28
28
29
29
29
30
41
41
41
41
41
41
41
41
41
41
The road
included
Limits
Cty. Rd. 4 to Cty. Rd. 6
Cty. Rd. 6 to County Boundary
Cty. Rd. 23 to 0.5 km North of Golf Course Rd.
0.5 km North of Golf Course Rd. to Hwy. 33
Cty. Rd. 8 to South Shore Rd. (entire length)
Cty. Rd. 23 to Bath Rd. (entire length)
Cty. Rd. 14 to 0.46 km North of Cty. Rd. 17
0.46 km North of Cty. Rd. 17 to Cty. Rd. 1
Cty. Rd. 4 to 0.80 km West of Cty. Rd. 6
0.80 km West of Cty. Rd. 6 to Cty. Rd. 6
Hwy. 41 to 0.11 km East of Hasler Rd.
0.11 km East of Hasler Rd. to 0.25 km South of Upper
Flinton Rd.
0.25 km South of Upper Flinton Rd. to County Boundary
Hwy. 41 to County Boundary (entire length)
Cty. Rd. 2 (Dundas St.) to Advance Ave.
Advance Ave. to Richmond Blvd./Jim Kimmett Blvd.
70m South of Community Rd. to Denison Rd.
Denison Rd. to Cty. Rd. 12
Cty. Rd. 12 to 0.35 km South of Roblin Rd.
0.35 km South of Roblin Rd. to 0.5 km North of Roblin Rd.
0.5 North of Roblin Rd. to 0.38 km North of Cty. Rd. 4
0.38 km North of Cty. Rd. 4 to 0.36 km South of Keegan's
Rd.
0.36 km South of Keegan's Rd. to 0.6 km South of Hwy. 7
0.6 km South of Hwy. 7 to Hwy. 7
Ontario Reg.
239/02 Road
Classification
3
2
3
4
4
4
4
5
3
5
3
5
4
4
3
3
3
2
3
4
3
4
3
5
classifications in Schedule "A" will be updated each year based on the criteria
in Ontario Regulation 239/02, as amended.
Updated March 9, 2020
SCHEDULE"B"
Municipal Act, 2001
Loi de 2001 sur les municipalites
ONTARIO REGULATION 239/02
MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS
Consolidation Period: From May 3. 2018 to the e-Laws currency date.
Last amendment: 366/18.
Legislative History: 288/03, 613/06, 23/10, 47/13, 366/18.
This Regulation is made in English only.
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 municipality;
"ice" means all kinds of ice, however fanned;
"motor vehicle" has the same meaning as m 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 m 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 mclude crosswaDcs, 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 a municipality;
"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. Wmd-blown snow.
3. Slush;
"substantial probability" means a significant likelihood considerably in excess of 51 per cent;
SCHEDULE"B"
"surface" means the top of a sidewalk, roadway or shoulder;
"utility" includes any ah-, gas, water, electricity, cable, fiber-optic, telecommunication or traffic control system or
subsystem, fibre 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 determmed by Environment Canada as meeting the criteria for the
issuance of an alert under its Public Weather Alerting Program. 0. Reg. 239/02, s. 1 (1); 0. Reg. 23/10, s. 1 (1);
0. Reg. 47/13, s. 1; 0. Reg. 366/18, s. I (1, 2).
(2) For the purposes of this Regulation, every highway or part of a highway under the jurisdiction of a municipality
in Ontario 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. 0. Reg. 239/02, s. 1 (2); 0. Reg. 366/18,
s. 1 (3).
(3) For the purposes of subsection (2) a-ad the Table to this section, the average daily traffic on a highway or part
of a highway under municipal 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. 0. Reg. 239/02, s. 1 (3);
0. Reg. 23/10, s. 1 (2); 0. Reg. 366/18, s. 1 (3).
(4) For the purposes of this Regulation, unless otherwise indicated in a provision of this Regulation, a municipality
is deemed to be aware of a fact if, in the absence of actual knowledge of the fact, circumstances are such that the
municipality ought reasonably to be aware of the fact. 0. Reg. 366/18, s. 1 (4).
TABLE
CLASSIFICATION OF HIGHWAYS
ilurrm 1
'erage Daily Traffic (number
motor vehicles)
,000 or more
,000 - 52,999
,000 - 22,999
,000 -14,999
,000-11,999
100 - 9,999
100 - 7,999
)00 - 5,999
)00 - 4,999
)00 - 3,999
)00 - 2,999
)00 -1,999
0-999
0-499
-199
49
Column 2
91-lOOkm/h
speed limit
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Column 3
81-90km/h
speed limit
1
1
1
1
1
1
2
2
2
2
2
3
3
3
3
3
Column 4
71-SOkm/h
speed limit
1
1
2
2
2
2
2
2
3
3
3
3
4
4
4
6
Column 5
61 - 70 km/h
speed limit
1
2
2
2
2
3
3
3
3
3
3
3
4
4
5
6
Column 6
51-60
km/h speed
limit
1
2
2
2
3
3
3
3
3
3
4
4
4
5
5
6
Column 7
41-50km/h
speed limit
1
2
3
3
3
3
4
4
4
4
5
5
5
5
6
6
Column 8
l-40km/h
speed limit
0. Reg. 3 66/18,3. 1 (5).
Application
2. (1) This Regulation sets out the minimum standards of repair for highways under municipal jurisdiction for the
purpose of clause 44 (3) (c) ofthe Act. 0. Reg. 288/03, s. 1.
(2) REVOKED: 0. Reg. 23/10,s.2.
(3) This Regulation does not apply to Class 6 highways. 0. Reg. 239/02, s. 2 (3).
Purpose
2.1 The purpose of this Regulation is to clarify the scope of the statutory defence available to a municipality under
clause 44 (3) (c) of the Act by establishing maintenance standards which are non-prescriptive as to fhe methods or
materials to be used in complymg with the standards but instead describe a desired outcome. 0. Reg. 366/18, s. 2.
SCHEDULE"B"
MAINTENANCE STANDARDS
Patrolling
3. (1) The standard for the frequency of patrolling of highways to check for conditions described in this Regulation
is set out m the Table to this section. 0. Reg. 23/10, s. 3 (1); 0. Reg. 366/18, s. 3 (2).
(2) If it is determined by the municipality that the weather monitoring referred to in section 3.1 indicates that there
is a substantial probability of snow accumulation on roadways, ice formation on roadways or icy roadways, the
standard for patrolling highways is, in addition to that set out m subsection (1), to patrol highways that the municipality
selects as representative of its highways, at intervals deemed necessary by the municipality, to check for such
conditions. 0. Reg. 47/13, s. 2; 0. Reg. 366/18, s. 3 (2).
(3) Patrolling a highway consists of observmg the highway, either by driving on or by electronically monitoring
the highway, and may be perfomied by persons responsible for patrolling highways or by persons responsible for or
performing highway maintenance activities. 0. Reg. 23/10, s. 3 (1).
(4) This section does not apply in respect of the conditions described in section 10, subsections 11 (0.1) and 12 (1)
and section 16.1, 16.2, 16.3 or 16.4. 0. Reg. 23/10, s. 3 (1); 0. Reg. 366/18, s. 3 (3).
TABLE
PATROLLING FREQUENCY
Class of Highway
1
2
3
4
5
Patrolling Frequency
3 times every 7 days
2 times every 7 days
once every 7 days
once every 14 days
once every 30 days
0. Reg. 239/02, s. 3, Table; 0. Reg. 23/10, s. 3 (2).
Weather monitoring
3.1 (1) From October 1 to April 30, the standard is to monitor the weather, both current and forecast to occur in
the next 24 hours, once every shift or three times per calendar day, whichever is more fi-equent, at intervals detemiined
by the municipality. 0. Reg. 47/13, s. 3; 0. Reg. 366/18, s. 4.
(2) From May 1 to September 30, the standard is to monitor the weather, both current and forecast to occur in the
next 24 hours, once per calendar day. 0. Reg. 47/13, s. 3; 0. Reg. 366/18, s. 4.
Snow accumulation, roadways
4. (1) Subject to section 4.1, the standard for addressing snow accumulation on roadways is,
(a) after becommg aware of the fact that the snow accumulation on a roadway is greater than the depth set out in
fhe Table to this section, to deploy resources as soon as practicable to address the snow accumulation; and
(b) after the snow accumulation has ended, to address the snow accumulation so as to reduce the snow to a depth
less than or equal to the depth set out m the Table within the time set out m the Table,
(i) to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or
(ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five metres. 0. Reg.
47/13, s. 4; 0. Reg. 366/18, s. 5 (1).
(2) If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table to this
section, the roadway is deemed to be in a state of repair with respect to snow accumulation. 0. Reg. 47/13, s. 4.
(3) For the purposes of this section, the depth of snow accumulation on a roadway and, if applicable, lane width
under clause (1) (b), may be determined in accordance with subsection (4) by a municipal employee, agent or
contractor, whose duties or responsibilities include one or more of the followmg:
1. Patrolliug highways. >.
2. Perfonning highway maintenance activities.
3. Supervising staff who perform activities described in paragraph 1 or 2. 0. Reg. 47/13, s. 4; 0. Reg. 366/18, s.
5(2).
(4) The depth of snow accumulation on a roadway and lane width may be determined by,
(a) perfonning an actual measurement;
SCHEDULE"B"
(b) monitoring the weather; or
(c) performiag a visual estimate. 0. Reg. 47/13, s. 4; 0. Reg. 366/18, s. 5 (3).
(5) For the purposes of this section, addressing snow accumulation on a roadway includes,
(a) plowing the roadway;
(b) salting the roadway;
(c) applying abrasive materials to the roadway;
(d) applying other chemical or organic agents to the roadway;
(e) any combmation of the methods described in clauses (a) to (d). 0. Reg. 366/18, s. 5 (4).
(6) This section does not apply to that portion of the roadway,
(a) designated for parking;
(b) consisting of a bicycle lane or other bicycle facility; or
(d) used by a municipality for snow storage. 0. Reg. 366/18, s. 5 (4).
TABLE
SNOW ACCUMULATION - ROADWAYS
Class of Highway
1
2
3
4
5
Depth
2.5cm
5 cm
8 cm
8 cm
10cm
Time
4 hours
6 hours
12 hours
16 hours
24 hours
0. Reg. 47/13, s. 4; 0. Reg. 366/18, s. 5 (5).
Snow accumulation on roadways, significant weather event
4.1 (1) If a municipality declares a significant weather event relating to snow accumulation, the standard for
addressing snow accumulation on roadways until the declaration of the end of the significant weather event is,
(a) to monitor the weather in accordance with section 3.1; aud
(b) if deemed practicable by the municipality, to deploy resources to address snow accumulation on roadways,
starting from the tune that the municipality deems appropriate to do so. 0. Reg. 366/1 8, s. 7.
(2) If the municipality complies with subsection (1), all roadways within the municipality are deemed to be m a
state of repair with respect to snow accumulation until the applicable time in the Table to section 4 expires following
the declaration of the end of the significant weather event by the municipality. 0. Reg. 366/18, s. 7.
(3) Following the end of the weather hazard in respect of which a significant weather event was declared by a
municipality under subsection (1), the municipality shall,
(a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and
(b) address snow accumulation on roadways in accordance with section 4. 0. Reg. 366/18, s. 7.
Snow accumulation, bicycle lanes
4.2 (1) Subject to section 4.3, the standard for addressing snow accumulation on bicycle lanes is,
(a) after becomiag aware of the fact that the snow accumulation on a bicycle lane is greater than the depth set out
in the Table to this section, to deploy resources as soon as practicable to address the snow accumulation; and
(b) after the snow accumulation has ended, to address the snow accumulation so as to reduce the snow to a depth
less than or equal to the depth set out in the Table to this section to provide a mmunum bicycle lane width of
the lesser of 1 metre or the actual bicycle lane width. 0. Reg. 366/18, s. 7.
(2) If the depth of snow accumulation on a bicycle lane is less than or equal to the depth set out in the Table to this
section, the bicycle lane is deemed to be in a state of repair in respect of snow accumulation. 0. Reg. 366/18, s. 7.
(3) For the purposes of this section, the depth of snow accumulation on a bicycle lane and, if applicable, lane width
under clause (1) (b), may be determined in the same manner as set out in subsection 4 (4) and by the persons mentioned
m subsection 4 (3), with necessary modifications. 0. Reg. 366/18, s. 7.
(4) For the purposes of this section, addressing snow accumulation on a bicycle lane includes,
SCHEDULE"B"
(a) plowing the bicycle lane;
(b) salting the bicycle lane;
(c) applymg abrasive materials to the bicycle lane;
(d) applying other chemical or organic agents to the bicycle lane;
(e) sweeping the bicycle lane; or
(f) any combination of the methods described in clauses (a) to (e). 0. Reg. 366/18, s. 7.
TABLE
SNOW ACCUMULATION - BICYCLE LANES
Column 1
Class of Highway or
Adjacent Highway
1
2
3
4
5
Column!
Depth
2.5cm
5 cm
8 cm
8cm
10cm
Column 3
Time
8 hours
12 hours
24 hours
24 hours
24 hours
0. Reg. 366/18, s. 7.
Snow accumulation on bicycle lanes, significant weather event
4.3 (1) If a municipality declares a significant weather event relating to snow accumulation, the standard for
addressing snow accumulation on bicycle lanes until the declaration of the end of the significant weather event is,
(a) to monitor the weather in accordance with section 3.1; and
(b) if deemed practicable by the municipality, to deploy resources to address snow accumulation on bicycle lanes,
starting from the time that the municipality deems appropriate to do so. 0. Reg. 366/18, s. 7.
(2) If the municipality complies with subsection (1), all bicycle lanes within the municipality are deemed to be m
a state of repair with respect to snow accumulation until the applicable time in the Table to section 4.2 expires
following the declaration of the end of the significant weather event by the municipality. 0. Reg. 366/18, s. 7.
(3) Followmg fhe end of the weather hazard in respect of which a significant weather event was declared by a
municipality under subsection (1), the municipality shall,
(a) declare the end of the significant weather event when the municipality detennines it is appropriate to do so; and
(b) address snow accumulation on bicycle lanes in accordance with section 4.2. 0. Reg. 366/18, s. 7.
Ice formation on roadways and icy roadways
5. (1) The standard for the prevention of ice formation on roadways is doing the following in the 24-hour period
preceding an alleged formation of ice on a roadway:
1. Monitor the weather in accordance with section 3.1.
2. Patrol in accordance with section 3.
3. If the municipality determines, as a result of its activities under paragraph 1 or 2, that there is a substantial
probability of ice forming on a roadway, treat the roadway, if practicable, to prevent ice formation within the
time set out m Table 1 to this section, starting from the tune that the municipality detennmes is the appropriate
time to deploy resources for that purpose. 0. Reg. 366/18, s. 8.
(2) If the municipality meets the standard set out in subsection (1) and, despite such compliance, ice fonns on a
roadway, the roadway is deemed to be in a state of repair until the applicable time set out in Table 2 to this section
expires after the municipality becomes aware of the fact that the roadway is icy. 0. Reg. 366/18, s. 8.
(3) Subject to section 5.1, the standard for treating icy roadways is to treat the icy roadway within the time set out
in Table 2 to this section, and an icy roadway is deemed to be in a state of repair until the applicable time set out in
Table 2 to this section expires after the municipality becomes aware of the fact that a roadway is icy. 0. Reg. 366/18,
s.8.
(4) For the purposes of this section, treating a roadway means applying material to the roadway, including but not
limited to, salt, sand or any combination of salt and sand. 0. Reg. 366/18, s. 8.
(5) For greater certainty, this section applies ia respect of ice formation on bicycle lanes on a roadway, but does
not apply to other types of bicycle facilities. 0. Reg. 366/18, s. 8.
SCHEDULE"B'
TABLE 1
ICE FORMATION PREVENTION
Class of Highway
1
2
3
4
5
Time
6 hours
8 hours
16 hours
24 hours
24 hours
TABLE 2
TREATMENT OF ICY ROADWAYS
Class of Highway
1
2
3
4
5
Time
3 hours
4 hours
8 hours
12 hours
16 hours
0. Reg. 366/18, s. 8.
Icy roadways, significant weather event
5.1 (1) If a municipality declares a significant weather event relating to ice, the standard for treating icy roadways
until the declaration of the end of the significant weather event is,
(a) to monitor the weather in accordance with section 3.1; and
(b) if deemed practicable by the municipality, to deploy resources to treat icy roadways, starting from the time that
the municipality deems appropriate to do so. 0. Reg. 366/18, s. 8.
(2) If the municipality complies with subsection (1), all roadways within the municipality are deemed to be in a
state of repair with respect to any ice which forms or may be present until the applicable time in Table 2 to section 5
expires after the declaration offhe end of the significant weather event by the municipality. 0. Reg. 366/18, s. 8.
(3) Following the end of the weather hazard in respect of which a significant weather event was declared by a
municipality under subsection (1), the municipality shall,
(a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and
(b) treat icy roadways in accordance with section 5. 0. Reg. 366/18, s. 8.
Potholes
6. (1) If a pothole exceeds both the surface area and depth set out in Table 1,2 or 3 to this section, as the case may
be, the standard is to repair the pothole within the time set out in Table 1,2 or 3, as appropriate, after becoming aware
of the fact. 0. Reg. 239/02, s. 6 (1); 0. Reg. 366/18, s. 8 (1).
(1.1) For the purposes of this section, the surface area and depth of a pothole may be detemimed in accordance
with subsections (1.2) and (1.3), as applicable, by a municipal employee, agent or contractor whose duties or
responsibilities include one or more of the following:
1. Patrolling highways.
2. Performmg highway maintenance activities.
3. Supervising staff who perform activities described in paragraph 1 or 2. 0. Reg. 366/18, s. 8 (2).
(1.2) The depth and surface area of a pothole may be determined by,
(a) perfbnnmg an actual measurement; or
(b) performmg a visual estimate. 0. Reg. 366/18, s. 8 (2).
(1.3) For the purposes of this section, the surface area of a pothole does not include any area that is merely depressed
and not yet broken fully through the surface of the roadway. 0. Reg. 366/18, s. 8 (2).
(2) A pothole is deemed to be in a state of repair if its surface area or depth is less than or equal to that set out in
Table 1, 2 or 3, as appropriate. 0. Reg. 239/02, s. 6 (2); 0. Reg. 47/13,s. 6.
SCHEDULE"B"
TABLE 1
POTHOLES ON PAVED SURFACE OF ROADWAY
Class of
Highway
1
2
3
4
5
Surface Area
600 cm2
800 cm2
1000 cm2
1000 cm2
1000 cm2
Depth
8 cm
8 cm
8 cm
8 cm
8cm
Time
4 days
4 days
7 days
14 days
30 days
0. Reg. 23 9/02, s. 6, Table 1.
TABLE 2
POTHOLES ONNON-PAVED SURFACE OF ROADWAY
Class of
Highway
3
4
5
Surface Area
1500 cm2
1500 cm2
1500 cm2
Depth
8 cm
10cm
12cm
Time
7 days
14 days
30 days
0. Reg. 239/02, s. 6, Table 2.
TABLES
POTHOLES ON PAVED OR NON-PAVED SURFACE OF SHOULDER
Class of
Highway
1
2
3
4
5
Surface Area
1500 cm2
1500 cm2
1500 cm2
1500 cm2
1500 cm2
Depth
8 cm
8 cm
8 cm
10cm
12cm
Time
7 days
7 days
14 days
30 days
60 days
0. Reg. 239/02, s. 6, Table 3.
Shoulder drop-offs
7. (1) If a, shoulder drop-offis deeper than 8 cm, for a continuous distance of 20 metres or more, the standard is to
repair the shoulder drop-off within the time set out in the Table to this section after becoming aware of the fact. 0.
Reg. 366/18, s. 9 (1).
(2) A shoulder drop-offis deemed to be in a state ofrepair if its depth is less than 8 cm. 0. Reg. 366/18, s. 9 (1).
(3) In this section,
"shoulder drop-off" means the vertical differential, where the paved surface of the roadway is higher than the surface
of the shoulder, between the paved surface of the roadway and the paved or non-paved surface of the shoulder.
0. Reg. 239/02, s. 7 (3).
TABLE
SHOULDER DROP-OFFS
Class of Highway
1
2
3
4
5
Time
4 days
4 days
7 days
14 days
30 days
0. Reg. 366/18, s. 9 (2).
SCHEDULE"B"
Cracks
8. (1) If a crack on fhe paved surface of a roadway is greater than 5 cm wide and 5 cm deep for a continuous
distance of three metres or more, the standard is to repair the crack within the time set out in the Table to this section
after becoming aware of the fact. 0. Reg. 366/18, s. 10 (1).
(2) A crack is deemed to be in a state of repair if its width or depth is less than or equal to 5 cm. 0. Reg. 366/18, s.
10(1).
TABLE
CRACKS
Column 1
Class of Highway
1
2
3
4
5
Column 2
Time
30 days
30 days
60 days
180 days
180 days
0. Reg. 366/18, s. 10 (2).
Debris
9. (1) If there is debris on a roadway, the standard is to deploy resources, as soon as practicable after becommg
aware of the fact, to remove the debris. 0. Reg. 239/02, s. 9 (1); 0. Reg. 366/18, s. 11.
(2) Li this section,
"debris" means any material (except snow, slush or ice) or object on a roadway,
(a) that is not a-a integral part of the roadway or has not been intentionally placed on the roadway by a municipality,
and
(b) that is reasonably likely to cause damage to a motor vehicle or to injure a person in a motor vehicle. 0. Reg.
239/02, s. 9 (2); 0. Reg. 47/13, s. 9.
Luminaires
10. (0.1) REVOKED: O. Reg. 366/18, s. 12.
(1) The standard for the frequency of inspecting all luminaires to check to see that they are ftmctioning is once per
calendar year, with each inspection taking place not more than 16 months from the previous inspection. 0. Reg.
366/18, s. 12.
(2) For conventional illumination, if three or more consecutive lumiaaires on the same side of a highway are not
functioning, the standard is to repair the luminaires within the tune set out m the Table to this section after becommg
aware of the fact. 0. Reg. 366/18, s. 12.
(3) For conventional illumination and high mast illumination, if 30 per cent or more of the luminaires on any
kilometre of highway are not functioning, the standard is to repau- the luminaires within the tune set out in the Table
to this section after becoming aware of the fact. 0. Reg. 366/18, s. 12.
(4) Despite subsection (2), for high mast illumination, if all of the luminaires on consecutive poles on the same side
of a highway are not functioning, the standard is to deploy resources as soon as practicable after becoming aware of
the fact to repair the luminaires. 0. Reg. 366/18, s. 12.
(5) Despite subsections (1), (2) and (3), for conventional illummation and high mast illumination, if more than 50
per cent of the luminaires on any kilometre of a Class 1 highway with a speed limit of 90 kilometres per hour or more
are not functioning, the standard is to deploy resources as soon as practicable after becoming aware of the fact to repair
the luminaires. 0. Reg. 366/18, s. 12.
(6) Lummaires are deemed to be in a state of repair,
(a) for the purpose of subsection (2), if the number ofnon-fimctionmg consecutive lumiaaires on the same side of
a highway does not exceed two;
(b) for the purpose of subsection (3), if more than 70 per cent of luminaires on any kilomeb-e of highway are
functioning;
(c) for the purpose of subsection (4), if one or more of the luminaires on consecutive poles on the same side of a
highway are fimctioning;
SCHEDULE"B"
(d) for the purpose of subsection (5), if more than 50 per cent of luminaires on any kilometre of highway are
functionmg. 0. Reg. 366/18, s. 12.
'(7) In this section,
"conventional illummation" means lighting, other than high mast illumination, where there are one or more luminaires
per pole;
"high mast illumination" means lighting where there are three or more luminaires per pole and the height of the pole
exceeds 20 metres;
"luminaire" means a complete lighting unit consisting of,
(a) a lamp, and
(b) parts designed to distribute the light, to position or protect the lamp and to connect the lamp to the power supply.
0. Reg. 239/02, s. 10 (7).
TABLE
LUMINAIRES
Class of Highway
1
2
3
4
5
Time
7 days
7 days
14 days
14 days
14 days
0. Reg. 239/02, s. 10, Table.
Signs
11. (0.1) The standard for the frequency of inspectmg signs of a type listed in subsection (2) to check to see that
they meet the retro-reflectivity requirements of the Ontario Traffic Manual is once per calendar year, with each
inspection taking place not more than 16 months from the previous mspection. 0. Reg. 23/10, s. 7 (1); 0. Reg. 47/13,
s. 11 (1); 0. Reg. 366/18, s. 13.
(0.2) A sign that has been inspected in accordance with subsection (0.1) is deemed to be in a state of repair with
respect to the retro-reflectivity requirements of the Ontario Traffic Manual until the next inspection in accordance
with that subsection, provided that the municipality does not acquire actual knowledge that the sign has ceased to meet
these requirements. 0. Reg. 47/13, s. 11 (2).
(1) If any sign of a type listed in subsection (2) is illegible, unproperly oriented, obscured or missing, the standard
is to deploy resources as soon as practicable after becoming aware of the fact to repair or replace the sign. 0. Reg.
239/02, s. 11 (1); 0. Reg.23/10,s: 7 (2); 0. Reg. 366/18, s. 13.
(2) This section applies to the following types of signs:
1. Checkerboard.
2. Curve sign with advisory speed tab.
3. Do not enter.
3.1 Load Restricted Bridge.
3.2 Low Bridge.
3.3 Low Bridge Ahead.
4. One Way.
5. School Zone Speed Limit.
6. Stop.
7. Stop Ahead.
8. Stop Ahead, New.
9. Traffic Signal Ahead, New.
10. Two-Way Traffic Ahead.
11. Wrong Way.
SCHEDULE"B"
12. Yield.
13. Yield Ahead.
14. Yield Ahead, New. 0. Reg. 239/02, s. 11 (2); 0. Reg. 23/10, s. 7 (3).
Regulatory or warning signs
12. (1) The standard for the frequency of inspecting regulatory signs or warning signs to check to see that they
meet the retro-reflectivity requirements of the Ontario Traffic Manual is once per calendar year, with each mspection
taking place not more than 16 months from the previous inspection. 0. Reg. 23/10, s. 8; 0. Reg. 47/13, s. 12 (1); 0.
Reg. 366/18, s. 13.
(1.1) A regulatory sign or warning sign that has been inspected in accordance with subsection (1) is deemed to be
in a state of repair with respect to the retro-reflectivity requirements of the Ontario Traffic Manual until the next
inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that
the sign has ceased to meet these requirements. 0. Reg. 47/13, s.12 (2).
(2) If a regulatory sign or warning sign is illegible, improperly oriented, obscured or missing, the standard is to
repair or replace the sign within the time set out m the Table to this section after becoming aware of the fact. 0. Reg.
23/10, s. 8; 0. Reg. 366/18, s. 13.
(3) In this section,
"regulatory sign" and "wamiag sign" have the same meanings as in the Ontario Traffic Manual, except that they do
not include a sign listed in subsection 11 (2) of this Regulation. 0. Reg. 23/10, s. 8.
TABLE
REGULATORY AND WARNING SIGNS
Class of Highway
1
2
3
4
5
Time
7 days
14 days
21 days
30 days
30 days
0. Reg. 239/02, s. 12, Table.
Traffic control signal systems
13. (1) If a traf&c control signal system is defective m any way described in subsection (2), the standard is to
deploy resources as soon as practicable after becoming aware of the defect to repair the defect or replace the defective
component ofthe traffic control signal system. 0. Reg. 239/02, s. 13 (1); 0. Reg. 366/18, s. 13.
(2) This section applies if a traffic control signal system is defective in any of the following ways:
1. One or more displays show conflicting signal indications.
2. The angle of a traffic control signal or pedestrian control indication has been changed in such a way that the
traffic or pedestrian facmg it does not have clear visibility of the mfonnation conveyed or that it conveys
confusmg information to traffic or pedestrians facing other directions.
3. A phase required to allow a pedestrian or vehicle to safely travel through an intersection fails to occur.
4. There are phase or cycle timmg errors interfering with the ability of a pedestrian or vehicle to safely travel
through an intersection.
5. There is a power failure in the traffic control signal system.
6. The trafGc control signal system cabinet has been displaced from its proper position.
7. There is a failure of any of the traffic control signal support structures.
8. A signal lamp or a pedestrian control mdication is not functioning.
9. Signals are flashing when flashing mode is not a part of the normal signal operation. 0. Reg. 239/02, s. 13 (2).
(3) Despite subsection (1) and paragraph 8 of subsection (2), if the posted speed of all approaches to the intersection
or location of the non-functioning signal lamp or pedestrian control indication is less than 80 kilometres per hour and
the signal that is not functioning is a green or a pedestrian "walk" signal, the standard is to repair or replace the
defective component by the end of the next business day. 0. Reg. 239/02, s. 13 (3); 0. Reg. 366/18, s. 13.
(4) In this section and section 14,
SCHEDULE"B"
"cycle" means a complete sequence of traffic control indications at a location;
"display" means the illuminated and non-illummated signals facing the trafBc;
"indication" has the same meaning as in the Highway Traffic Act,
"phase" means a part of a cycle from the tune where one or more traffic directions receive a green indication to the
time where one or more different traffic directions receive a green indication;
"power failure" means a reduction in power or a loss in power preventing the traffic control signal system from
operating as intended;
"traffic control signal" has the same meaning as in the Highway Traffic Act;
"traffic control signal system" has the same meanmg as m the Highway Traffic Act. 0. Reg. 239/02, s. 13 (4).
Traffic control signal system sub-systems
14. (1) The standard is to inspect, test and maintain the following traffic control signal system sub-systems once
per calendar year, with each inspection taking place not more than 16 months from the previous inspection:
1. The display sub-system, consisting of traffic signal and pedestrian crossing heads, physical support structares
and support cables.
2. The traffic control sub-system, including the traffic control signal cabinet and internal devices such as timer,
detection devices and associated hardware, but excluding conflict monitors.
3. The external detection sub-system, consisting of detection sensors for all vehicles, including emergency and
railway vehicles and pedestrian push- buttons. 0. Reg. 239/02, s. 14 (1); 0. Reg. 47/13, s. 13 (1); 0. Reg.
366/18,s.l3.
(1.1) A traffic control sigual system sub-system that has been inspected, tested and maintamed in accordance with
subsection (1) is deemed to be in a state of repair until the next inspection in accordance with that subsection, provided
that the municipality does not acquire actual knowledge that the traffic control signal system sub-system has ceased
to be m a state of repair. 0. Reg. 47/13, s. 13 (2).
(2) The standard is to inspect, test and maintain conflict monitors every five to seven months and at least twice per
calendar year. 0. Reg. 239/02, s. 14 (2); 0. Reg. 47/13, s. 13 (3); 0. Reg. 366/18, s. 13.
(2.1) A conflict monitor that has been inspected, tested and maintained in accordance with subsection (2) is deemed
to be in a state of repair until the next inspection m accordance with that subsection, provided that the municipality
does not acquire actual knowledge that the conflict monitor has ceased to be in a state of repair. 0. Reg. 47/13,
s. 13 (4).
(3) In this section,
"conflict monitor" means a device that contmually checks for conflicting signal indications and responds to a conflict
by emitting a signal. 0. Reg. 239/02, s. 14 (3).
Bridge deck spalls
15. (1) If a bridge deck spall exceeds both the surface area and depth set out in the Table to this section, the standard
is to repau- the bridge deck spall within the time set out m the Table after becoming aware of the fact. 0. Reg. 239/02,
s. 15 (1); 0. Reg. 366/18, s. 13.
(2) A bridge deck spall is deemed to be in a state of repair if its surface area or depth is less than or equal to that
set out in the Table. 0. Reg. 239/02, s. 15 (2); 0. Reg. 47/13, s. 14.
(3) In this section,
"bridge deck spall" means a cavity left by one or more fragments detaching from the paved surface of the roadway or
shoulder of a bridge. 0. Reg. 239/02, s. 15 (3).
TABLE
BRIDGE DECK SPALLS
Class of
JHighway
1
2
3
4
5
Surface Area
600 cm2
800 cm2
1,000 cm2
1,000 cm2
1,000 cm2
Depth
8 cm
8 cm
8cm
8cm
8 cm
Time
4 days
4 days
7 days
7 days
7 days
SCHEDULE"B"
0. Reg. 239/02, s. 15, Table.
Roadway surface discontinuities
16. (1) If a surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, exceeds the
height set out m the Table to this section, the standard is to repair the surface discontmuity within the time set out in
the Table after becoming aware of the fact. 0. Reg. 23/10, s. 9; 0. Reg. 366/18, s. 13.
(1.1) A surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, is deemed to be m
a state of repair if its height is less than or equal to the height set out in the Table to this section. 0. Reg. 47/13, s. 15.
(2) If a surface discontinuity on a bridge deck exceeds five centimetres, the standard is to deploy resources as soon
as practicable after becoming aware of the fact to repair the surface discontmuity on the bridge deck. 0. Reg. 23/10,
s. 9; 0. Reg. 366/18, s. 13.
(2.1) A surface discontinuity on a bridge deck is deemed to be in a state of repair if its height is less than or equal
to five centimetres. 0. Reg. 47/13, s. 15.
(3) In this section,
"surface discontinuity" means a vertical discontiauity creating a step formation at joints or cracks in the paved surface
of the roadway, including bridge deck joints, expansion joints and approach slabs to a bridge. 0. Reg. 23/10, s. 9.
TABLE
SURFACE DISCONTINTJITIES
Class of Highway
1
2
3
4
5
Height
5 cm
5 cm
5 cm
5 cm
5 cm
Time
2 days
2 days
7 days
21 days
21 days
0. Reg. 239/02, s. 16, Table.
Sidewalk surface discontinuities
16.1 (1) The standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per
calendar year, with each inspection taking place not more than 16 months from the previous inspection. 0. Reg. 23/10,
s. 10; 0. Reg. 47/13, s. 16 Q); 0. Reg. 366/18, s. 13.
(1.1) A sidewalk that has been inspected m accordance with subsection (1) is deemed to be in a state of repair with
respect to any surface discontinuity until the next inspection in accordance with that subsection, provided that the
municipality does not acquire actual knowledge of the presence of a surface discontinuity in excess of two centimetres.
0. Reg. 47/13,s.l6 (2).
(2) If a surface discontinuity on or within a sidewaLk exceeds two centimetres, the standard is to treat the surface
discontinuity within 14 days after acquiring actual knowledge of the fact. 0. Reg. 366/18, s. 14.
(2.1) REVOKED: 0. Reg. 366/18, s. 14.
(3) A surface discontinuity on or withm a sidewalk is deemed to be in a state of repair if it is less than or equal to
two centimetres. 0. Reg. 366/18, s. 14.
(4) For the purpose of subsection (2), treating a surface discontinuity on or within a sidewalk means taking
reasonable measures to protect users of the sidewalk from the discontinuity, including making permanent or temporary
repairs, alerting users' attention to the discontinuity or preventing access to the area ofdiscontinuity. 0. Reg. 366/18,
s. 14.
(5) hi this section,
"surface discontinuity" means a vertical discontinuity creating a step formation at any joint or crack in the surface of
the sidewalk or any vertical height difference between a utility appurtenance found on or within the sidewaUc and
the surface of the sidewalk. 0. Reg. 366/18, s. 14.
Encroachments, area adjacent to sidewalk
16.2 (1) The standard for the frequency of inspecting an area adjacent to a sidewalk to check for encroachments is
once per calendar year, with each inspection taking place not more than 16 months jfrom the previous inspection. 0.
Reg. 366/18,s.l5.
(2) The area adjacent to a sidewalk that has been inspected in accordance with subsection (1) is deemed to be in a
state of repair in respect of any encroachment present. 0. Reg. 366/18, s. 15.
SCHEDULE"B"
(3) For greater certainty, the area adjacent to a sidewalk begins at the outer edges of a sidewalk and ends at the
lesser of the limit of the highway, the back edge of a curb if there is a curb and a maximum of 45 cm. 0. Reg. 366/18,
s. 15.
(4) The area adjacent to a sidewalk is deemed to be in a state of repair in respect of any encroachment present
unless the encroachment is determined by a municipality to be highly unusual given its character and location or to
constitute a significant hazard to pedestrians. 0. Reg. 366/18, s. 15.
(5) If a municipality determines that an encroachment is highly unusual given its character and location or
constitutes a significant hazard to pedestrians, the standard is to treat the encroacb-nent within 28 days after making
such a determination, and the encroachment is deemed m a state of repau- for 28 days from the tune of the
determination by the municipality. 0. Reg. 366/18, s. 15.
(6) For the purpose of subsection (4), treating an encroachment means taking reasonable measures to protect users,
iacludmg making pennanent or temporary repairs, alertmg users' attention to the encroachment or preventing access
to the area of the encroacbnent. 0. Reg. 366/18, s. 15.
Snow accumulation on sidewalks
16.3 (1) Subject to section 16.4, the standard for addressing snow accumulation on a sidewalk after the snow
accumulation has ended is,
a) to reduce the snow to a depth less than or equal to 8 centimetres within 48 hours; and
b) to provide a minimum sidewalk width of 1 metre. 0. Reg. 366/18, s. 15.
(2) If the depth of snow accumulation on a sidewalk is less than or equal to 8 centimetres, the sidewalk is deemed
to be in a state of repair m respect of snow accumulation. 0. Reg. 366/18, s. 15.
(3) If the depth of snow accumulation on a sidewalk exceeds 8 centimetres while the snow continues to accumulate,
the sidewalk is deemed to be in a state of repair with respect to snow accumulation, until 48 hours after the snow
accumulation ends. 0. Reg. 366/18, s. 15.
(4) For the purposes of this section, the depth of snow accumulation on a sidewalk may be determined m the same
manner as set out in subsection 4 (4) and by the persons mentioned in subsection 4 (3) with necessary modifications.
0. Reg. 366/18,s.l5.
(5) For the purposes of this section, addressing snow accumulation on a sidewalk includes,
(a) plowing the sidewalk;
(b) salting the sidewalk;
(c) applying abrasive materials to the sidewalk;
(d) applying other chemical or organic agents to the sidewalk; or
(e) any combination of the methods described in clauses (a) to (d). 0. Reg. 366/18, s. 15.
Snow accumulation on sidewalks, significant weather event
16.4 (1) If a municipality declares a significant weather event relating to snow accumulation, the standard for
addressing snow accumulation on sidewalks until the declaration of the end of the significant weather event is,
(a) to monitor the weather in accordance with section 3.1; and
(b) if deemed practicable by the municipality, to deploy resources to address snow accumulation on sidewalks
starting from the time that the municipality deems appropriate to do so. 0. Reg. 366/18, s. 15.
(2) If the municipality complies with subsection (1), all sidewalks within the municipality are deemed to be m a
state ofrepau- with respect to any snow present until 48 hours followmg the declaration of the end of the significant
weather event by the municipality. 0. Reg. 366/18, s. 15.
(3) Following the end of the weather hazard m respect of which a significant weather event was declared by a
municipality under subsection (1), the municipality shall,
(a) declare the end of the significant weather event when the municipality detenmines it is appropriate to do so; and
(b) address snow accumulation on sidewalks in accordance with section 16.3. 0. Reg. 366/18, s. 15.
Ice formation on sidewalks and icy sidewalks
16.5 (1) Subject to section 16.6, the standard for the prevention of ice formation on sidewalks is to,
(a) monitor the weather in accordance with section 3.1 in the 24-hour period preceding an alleged formation of ice
on a sidewalk; and
SCHEDULE"B"
(b) treat the sidewalk if practicable to prevent ice fonnation or improve traction within 48 hours if the municipality
detennmes that there is a substantial probability of ice forming on a sidewalk, starting fi-om the time that the
municipality determines is the appropriate time to deploy resources for that purpose. 0. Reg. 366/18, s. 15.
(2) If ice forms on a sidewalk even though the municipality meets the standard set out in subsection (1), the
sidewalk is deemed to be in a state of repair in respect of ice until 48 hours after the municipality first becomes aware
of the fact that the sidewalk is icy. 0. Reg. 366/18, s. 15.
(3) The standard for treating icy sidewalks after the municipality becomes aware of the fact that a sidewalk is icy
is to treat the icy sidewalk within 48 hours, and an icy sidewalk is deemed to be in a state of repair for 48 hours after
it has been treated. 0. Reg. 366/18, s. 15.
(4) For the purposes of this section, treatmg a sidewalk means applying materials including salt, sand or any
combination of salt and sand to the sidewalk. 0. Reg. 366/18, s. 15.
Icy sidewalks, significant weather event
16.6 (1) If a municipality declares a significant weather event relatmg to ice, the standard for addressing ice
formation or ice on sidewalks until the declaration of the end of the significant weather event is,
(a) to monitor the weather in accordance with section 3.1; and
(b) if deemed practicable by the municipality, to deploy resources to treat the sidewalks to prevent ice formation
or improve traction, or treat the icy sidewalks, starting from the time that the municipality deems appropriate
to do so. 0. Reg. 366/18, s. 15.
(2) If the municipality complies with subsection (1), all sidewalks within the municipality are deemed to be in a
state of repair with respect to any ice which fonns or is present until 48 hours after the declaration of the end of the
significant weather event by the municipality. 0. Reg. 366/18, s. 15.
(3) Following the end of the weather hazard in respect of which a significant weather event was declared by a
municipality under subsection (1), the municipality shall,
(a) declare the end of the significant weather event when the municipality determines it is appropriate to do so; and
(b) address the prevention of ice formation on sidewalks or treat icy sidewalks in accordance with section 16.5. 0.
Reg. 366/18, s. 15.
Winter sidewalk patrol
16.7 (1) If it is determined by the municipality that the weather monitormg referred to in section 3.1 indicates that
there is a substantial probability of snow accumulation on sidewalks in excess of 8 cm, ice formation on sidewalks or
icy sidewaLks, the standard for patrolling sidewalks is to patrol sidewalks that the municipality selects as representative
of its sidewaLks at intervals deemed necessary by the municipality. 0. Reg. 366/18, s. 15.
(2) Patrolling a sidewalk consists of visually observing the sidewalk, either by driving by the sidewalk on the
adjacent roadway or by driving or walking on the sidewalk or by electronically monitormg the sidewalk, and may be
perfonned by persons responsible for patrolling roadways or sidewalks or by persons responsible for or performing
roadway or sidewalk maintenance activities. 0. Reg. 366/18, s. 15.
Closure of a highway
16.8 (1) When a municipality closes a highway or part of a highway pursuant to its powers under the Act, the
highway is deemed to be m a state of repair in respect of all conditions described in this Regulation from the time of
the closure until the highway is re-opened by the municipality. 0. Reg. 366/18, s. 15.
(2) For the purposes of subsection (1), a highway or part of a highway is closed on the earlier of,
(a) when a municipality passes a by-law to close the highway or part of the highway; and
(b) when a municipality has taken such steps as it determines necessary to temporarily close the highway or part
of a highway. 0. Reg. 366/18, s. 15.
Declaration of significant weather event
16.9. A municipality declaring the beginning of a significant weather event or declaring the end of a significant
weather event under this Regulation shall do so in one or more of the following ways:
1. By postmg a notice on the municipality's website.
2. By making an amiouncement on a social media platform, such as Facebook or Twitter.
3. By sending a press release or similar communication to internet, newspaper, radio or television media.
4. By notification through the municipality's police service.
SCHEDULE"B"
5. By any other notification method required in a by-law of the municipality. 0. Reg. 366/18, s. 15.
REVIEW OF REGULATION
Review
17. (1) The Minister of Transportation shall conduct a review of this Regulatiou and Ontario Regulation 612/06
(Minimum Mamtenance Standards for Highways m the City of Toronto) made under the City of Toronto Act, 2006
every five years. 0. Reg. 613/06, s. 2.
(2) Despite subsection (1), the first review after the completion of the review started before the end of 2007 shall
be started five years after the day Ontario Regulation 23/10 is filed. 0. Reg. 23/10, s. 11.
18. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). 0. Reg. 239/02, S. 18.