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CORPORATION OF THE MUNICIPAL1TY OF MORRIS-TURNBERRY
BY-LAW N0. 31-2026
Being a by-1aw to regulate the use and occupation ofMunicipal Lands and Highways.
WHEREAS Section 9 of the Municipal Acl
2001, S.O.
2001,
c.
25
provides that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose ofexercising its authority under that or any other Act;
AND WHEREAS Sections
10 and
11
of the Municipal Acl
2001, S.O. 2001,
c. 25
authorize
municipalities
to
pass
by-laws
respecting
municipal
property
and
highways;
AND WHEREAS the Municipality owns and manages lands, including highways, road
allowances. and lanes for the benefit ofthe public;
AND WHEREAS
Council deems
it necessary to regulate the use and occupation of
Municipal Lands;
NOW THEREFORE,
the
Council
of the
Corporation of the
Municipality enacts
as
follows:
1.
SHORT TITLE
1.1.
This by-law may beieferredto ast&e "Encroaehfflent By-Law".
2.
DEFINITIONS
In this By-law:
2.1.
"Agricultural Purpose" means any activity related to the production of crops,
livestock, or other agricultural commodities, and includes cultivation, planting,
seeding, maintaining vegetation for harvest or non-harvest purposes, and any
activity intended to support or enhance adjacent agricultural operations.
2.2. "Encroachment" means any use, occupation, placement, or alteration of
Municipal Lands by any Person without lawful authority, and includes any
activity that interferes with or relies upon Municipal Lands.
2.3.
"Highway" has the same meaning as in the Municipal Act, 2001 and includes a
common and public highway, street, road, allowance for road, and any part
thereof, including the travelled portion, shoulder, ditch, and boulevard.
2.4.
''Municipal Lands" means any land owned, leased, or under thejurisdiction of
the Municipality, and indudes Highways.
2.5.
"Municipality" means The Corporation ofthe Municipality ofMorris-
Tumberry.
2.6.
"'Person"" includes an individual, corporation, partnership, or association.
3.
GENERAL PROHIBITION
3.1. No Person shall use, occupy, or alter any Municipal Lands except in accordariLee
with this By-law or a permit issued by the Municipality.
3.2.
Without limiting section 3.1. no Personshall use Municipal Lands foran
Agricultural Purpose except as expressly permitted in section 4 or by permit
issued under section 7.
3.3. Nothing in this By-law shall be interpreted to probibit or restriet-fhe use ofa
Highway by the public for its intended purpose ofpassage.
4.
USEATSOLERISK
4.1.
Despite section 3, the planting and maintenance ofvegetation on Municipal
Lands by an owner or occupier ofadjacent lands is permitted without a permit,
provided that such activity:
4.1.1.is limitedto non-woody vegetation and does notinclude trees, shrubs,
structures, or fencing;
4.1.2.does not involve grading, filling, alteration ofdrainage, or discharge of
agricultural drainage;
4.1.3.does not interfere with sightlines, utilities, drainage, or the safe use ofthe
Highway; and
4.1.4.complies with a11 other applicable municipal by-laws.
4.2. Any activity permltted under this section is undertaken entirely at the sole risk
ofthe Person carrying out the activity. The Municipality assumes no duty of
care and makes no representation or warranty as to the continued existence,
condition. or suitability ofany vegetatlon or use ofMunicipal Lands.
4.3. The Municipality may, at any time, for any reason, and without notice, remove,
cut, grade, spray, or otherwise alter any vegetation or works located on
Municipal Lands.
4.4. No compensation, damages, or other remedy shall be payable for any loss or
damage arising from such actions.
5.
PROHIBITION ON RELIANCE
5.1. No Person shall rely upon Municipal Lands, whether in whole or in part, to
satisfy any requirement, standard, setback, separation distance, or buffer
imposed by:
5.].l.any statute, regLilation, orby-law;
5.1.2.any policy, guideline, or standard; or
5.1.3.any certification, accreditation, or approval process.
5.2.
For greater certainty, this prohibition applies regardless ofwhether the use or
condition ofMunicipal Lands is permitted under this By-law.
5.3. Nothing in this By-law shall be interpreted as the Municipality permitting or
endorsing the use ofMunicipal Lands for such purposes.
&
MUNICIPAL RIGHTS AND NON-INTERFERENCE
6.1. The Municipality retalns the full and unrestricted right to access, maintain,
repair, aiter, or improve Municipal Lands at any time and for any purpose.
6.2.
Without limiting section 6.1, the Municipality may undertake activities
including grading, ditching, drainage works, vegetation management, pesticide
application, snow removal, and road widening.
6.3.
The Municipality shall not be liable for any loss, damage, or interference arising
from the exereise of its rights under this section.
6.4. No activity peniiitted under this by-law shall create or be deemed to create any
property right, license, or other legal interest in Municipal Lands, nor any
expectation ofcontinued use.
6.5. Any use ofMunicipaI Lands permitted under this By-law is non-exclusive and
shall not confer any priority, entitlement, or preferentlal right as against any
other Person.
6.6. Where two or more Persons seek to use or are using the same Municipal Lands,
the Municipality shall have no obligation to determine or resolve any conflict
between them, and may, in its sole discretion, restrict, prohibit, or remove any
such use without notice or compensation.
6.7. Any use or activity permitted under this By-Iaw, whether with or without a
permit, shall not interfere with and is subordinate at all times to the
Municipality's use ofMunicipal Lands for Highway purposes and municipal
operations, as determined by the Municipality in its sole discretion.
6.8. Any Person undertaking activity under this by-law shall indemnify, defend, and
save harmless the Municipality and its elected and appointed officials, officers,
employees, agents, contractors, and representatives, and any utility, service
provider, or other Person lawfully entitled to use or occupy the Municipal
Lands, including thelr respective officers, employees, agents, and contractors,
from and against any and all claims, demands, causes ofaction, losses, costs,
damages, expenses, and liabilities of any kind whatsoever, including legal fees
on a full indemnity basis, arising from, related to, or in any way connected with
such activity, whether caused by or contributed to by the negligence or
otherwise ofthe Person undertaking the activity or any other Person.
7.
NON-DEROGATION - ENTItANCES AND ACCESS
7.1. Nothing in this By-law shall be interpreted so as to prohibit, restrict, or
otherwise affect the issuance ofapennit for an entrance, access, or approach to
a Highway or Municipal Lands where such permit is issued in accordance with
any other by-law ofthe JVlunicipality.
7.2.
In the event ofa conftict between this By-law and any other municipal by-law or
agreement goveming entrances, access, or use ofa Highway, the provisions of
the other by-Iaw sha11 prevail to the extent ofthe conflict.
8.
ENFORCEMENT
8.1.
This By-law may be enforced by a Municipal Law Enforcement Officer or any
person appointed by the Municipality.
8.2.
The Munlcipality may enter upon M^Linicipal Lands to remove or r^iiedy any
Encroachment at the expense ofthe Person responsible.
9.
SEVERABILITY
9.1.
Ifany section or provision ofthis By-law is declared invalid, fb&rem^bnder shall
continue in force.
10. FORCE AND EFFECT
10.1.
This By-law shall come into force and effect on the date Ofits passing.
Read a FIRST and SECOND time this 2°d day of June 2026
Read a THIRD time and FINALLY PASSED this 2nd day of Ju
Clerk, Trevor Hallam