Prescott and Russell, Ontario
· adopted 2021-02-24
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The Corporation of the
United Counties of Prescott and Russell
By-law 2021-03
To authorize the operation of off-road vehicles on any highway, or on any part or
parts of such highways that is under the jurisdiction of the United Counties of
Prescott and Russell.
Whereas subsection 191.8 (1) of the Highway Traffic Act, R.S.O., 1990, Chapter H.8, as
amended, provides that no person shall drive an off-road vehicle on highway except in
accordance with the regulations and any applicable municipal by-laws;
And subsection 191.8 (3) of the Highway Traffic Act, R.S.O. 1990, Chapter H.8 as
amended, provides that the Council of a municipality may pass by-laws permitting the
operation of off-road vehicles on any highway within the municipality that is under the
jurisdiction of the municipality, or on any part or parts of such highways;
And whereas subsection 4.1 (1) of Ontario Regulation 316/03 states that every highway
or part of a highway in a municipality on which an off-road vehicle is permitted to
operate under the authority of by-law made by the municipality under subsection 191.8
(3) of the Act, but only during the months or hours specified in the by-law if the by-law
limits the operation of an off-road vehicle on a highway or part of a highway within the
municipality to certain months or hours;
And whereas subsection 4.1 (1) of Ontario Regulation 316/03, states that off-road
vehicle may be driven on a highway listed on Schedule "A" of this By-law only if meeting
the requirements of Part III.
The Council of the Corporation of the United Counties of Prescott and Russell
enacts as follows:
1. Definitions
a. The following definitions apply to this By-law:
"all terrain vehicle" means an off-road vehicle that:
I. has four wheels, the tires of which are all in contact with the ground,
II. has steering handlebars,
III. has a seat that is designed to be straddled by the driver, and
IV. is designed to carry,
i.
a driver only and no passengers, or
ii.
a driver and only one passenger, if the vehicle,
a. has one passenger seat that is designed to be straddled
by the passenger while sitting facing forward behind the
driver, and
b. is equipped with foot rests for the passenger that are
separate from the foot rests for the driver;
"corporation" means the Corporation of the United Counties of Prescott and
Russell;
"council" means the Council of the Corporation;
"Designated Highway" means a public highway or part thereof, under the
jurisdiction of the Corporation, that is indicated on Schedule "A" as being permitted
for use by all terrain vehicles, multi-purpose off-highway utility vehicles and
recreational off-highway vehicle under this by-law, as the case may be;
"Director of Public Works" means the Director of Public Works of the Corporation
of the United Counties of Prescott and Russell or his representatives.
"extreme terrain vehicle" means an off-road vehicle that:
I. has six or eight wheels, the tires of which are all in contact with the ground,
II. has no tracks that are in contact with the ground
III. has seats that are not designed to be straddled, and
IV. has a minimum cargo capacity of 159 kilograms;
"highway" includes a common and public highway, street, avenue, parkway,
driveway, square, bridge, viaduct or trestle, any part of which is intended for or used
by the general public for the passage of vehicles and includes the area between
the lateral property lines thereof;
"multi-purpose off-highway utility vehicle" means an off-road vehicle that:
I. has four wheels, the tires of which are all in contact with the ground,
II. has a steering wheel for steering control,
III. has seats that are not designed to be straddled, and
IV. has a minimum cargo capacity of 159 kilograms;
"municipal Law Enforcement Officer" means a person appointed by Council under
the Police Services Act to enforce the by-laws of the Corporation;
"OFATV" means the Ontario Federation of All Terrain Vehicles;
"off-road motorcycle" means an off-road vehicle, designed primarily for recreational
use, that:
I. has steering handlebars,
II. has two wheels, the tires of which are all in contact with the ground,
III. has a minimum wheel rim diameter of 250 millimetres,
IV. has a minimum wheel base of 1,1016 millimetres
V. has a seat that is designed to be straddled by the driver.
VI. is designed to carry a driver only and no passengers, and
VII. does not have a sidecar;
"off-road vehicle" has the same meaning as in Off-Road Vehicles Act, R.S.O 1990,
c.O.4 as amended;
"recreational off-highway vehicle" means an off-road vehicle that,
I. has four or more wheels, the tires of which are all in contact with the ground,
II. has a steering wheel for steering control,
III. has seats that are not designed to be straddled, and
IV. has an engine displacement equal to or less than 1,000 cubic centimetres;
2. Prohibited use
a. All terrain vehicle, multi-purpose off-highway utility vehicle and recreational
off-highway vehicle shall not be driven on any highway or part of a highway
under the jurisdiction of the United Counties of Prescott and Russell that is
not a designated highway.
b. Extreme terrain vehicle and off-road motorcycle shall not be driven on any
highway or part of a highway under the jurisdiction of the United Counties of
Prescott and Russell.
c. Off-road vehicles shall not be permitted to travel on any other unopened or
opened road allowances under municipal jurisdiction which are not mentioned
in schedule "A" of this by-law with the exception of farmers, licensed trappers
and representatives of the various levels of government while carrying out
their legitimate duties.
d. No off-road vehicle shall be permitted on any roads, between 11:00 p.m. and
6:00 a.m.
e. No off-road vehicle shall be permitted on the roads described in schedule "A"
during extremely dry conditions, whenever fire restrictions or a ban on fires is
in effect. When such restrictions are in effect, the ATV Club of Eastern
Ontario Inc. shall be responsible for posting adequate signage regarding the
prohibition of use.
3. Rate of Speed
a. The off-road vehicle shall not be driven at a rate of speed greater than:
I. 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.
II. 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. Liability Insurance
a. That the ATV Club of Eastern Ontario Inc. provides proof of liability insurance
in the amount of $5,000,000.00 with the United Counties of Prescott and
Russell added as additional insured party on the certificate.
5. Regulation 316/03
a. Any operator of an off-road vehicle is subject to the terms of Regulation
316/03 as amended.
b. An off-road vehicle shall not be operated on highways unless it meets the
equipment requirements of Section 7 to 15 of O, Reg.316/03 and it is
operated in accordance with section 16 and 24 of O.Reg.316/03.
6. Responsibility for Repairs
a. The ATV Club of Eastern Ontario Inc. shall enter into an agreement assuming
responsibility for the costs or repairs to the shoulder or road allowance due to
off-road vehicle use.
7. Closure for repairs
a. The county roads shall be inspected by the Director of Public Works or his
representative and shall determine if repairs are necessary due to off-road
vehicle use and be subject to closure until repaired by the ATV Club of Eastern
Ontario Inc. and re-inspected and approved by the Director of Public Works or
his representative.
8. Signage - Security Equipment
a. ATV Club of Eastern Ontario Inc. shall be responsible for providing and
installing all signs required along the trail and upon request from adjacent
property owners.
9. Failure to perform
a. Failure to satisfy any of the above noted conditions set-up by the Counties will
result in the immediate suspension or rescinding of this by-law.
10. General Provisions
a. The ATV Club of Eastern Ontario Inc. and OFATV shall take the necessary
steps to ensure that its members conduct themselves in such a manner as to
respect at all times the content of this by-law.
b. This by-law shall be reviewed annually to ensure compliance and the
Corporation retains the right to revoke the privileges of the ATV Club of
Eastern Ontario Inc. and OFATV should either organisation fail to comply with
any of the conditions set out in this by-law.
c. The Corporation may alter or revoke this by-law at any time.
11. Enforcement and Penalties
a. This by-law may be enforced by every municipal law enforcement officer
appointed by the Corporation from time to time and police officer.
b. Any person who contravenes any of the provisions of this by-law is guilty of
an offence and upon conviction is liable to a fine as provided for under
Highway Traffic Act and the Compulsory Automobile Insurance Act.
c. No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person exercising a power or performing a duty under this by-law.
d. If this by-law is contravened and a conviction entered, the Court in which the
conviction has been entered and any Court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
12. That By-law 2020-53 is hereby repealed.
By-law read a first, second, and third time, and passed on February 24, 2021.
Original copy signed by Stéphane Sarrazin
Stéphane Sarrazin, Warden
Original copy signed by Mélissa Cadieux
Mélissa Cadieux, Clerk
Schedule A to By-law 2021-03
Part of Highways permitted to be traveled by Off-road vehicle
COUNTY
ROAD
NUMBER
TOWNSHIP
SIDE
BETWEEN:
AND:
DISTANCE
1
City of Clarence-
Rockland
North
and
South
Pilon Road
2564 St-Pascal
Road (Ronald
Lalonde
Community
Hall)
0.4 km
2
City of Clarence-
Rockland
North
and
South
457 Russell
Road
Drouin Road
0.6 km
3
Russell Township
North
and
South
Seguin Street
Industriel Street
0.15 km
3
Nation Municipality
North
and
South
Du Théatre Road
Lafontaine Road
0.9 km
3
Village of
Casselman
East
and
West
Lafontaine Road
St-Isidore Street
2.3 km
5
Nation Municipality
& Russell Township
East and
West
Des Pins Street
Calypso Road
1.6 km
5
Nation Municipality
& Russell Township
East and
West
Route 800 W
570 meters
North of Farley
Rd (Marionville
Rd extended)
1.0 km
7
Nation Municipalilty
North
and
South
Guérin Road
St-Paul Street
1.0 km
7
Village of
Casselman
East and
West
St-Isidore Street
Aurèle Road
1.6 km
8
Nation Municipality
East and
West
Concession 17
Road
Route 300 E
0.6 km
8
Nation Municipality
East and
West
County Road 16
County Road 19
(Robillard Rd)
2.4 km
9
Nation Municipality
East and
West
Concession
Road 19
100m South of
County Road 3
(St-Isidore Rd)
1.6 km
9
Nation Municipality
East and
West
Concession
Road 19
Mainville Road
0.45 km
9
Alfred and
Plantagenet
North
and
South
Pitch Off Road
150m South-
West of County
Road 17
0.5 km
10
East Hawkesbury
North
and
Moore Road
County Road 14
(south)
2.3 km
South
10
Champlain
Township
North
and
South
Hunter Road
Newton Road
6.1 km
11
Champlain
Township
East
and
West
Pleasant Corner
Road West
Pearl Road
0.35 km
11
Champlain
Township
East
and
West
County Road 17
County Road 24
(King Street)
1.2 km
14
East Hawkesbury
East and
West
County Road 10
Concession 6
Road
2.1 km
16
Nation Municipality
North
and
South
Concenssion
Road 14
County Road 8
1.2 km
17
Alfred and
Plantagenet
North
and
South
Route 21 Road
Principale Street
0.55 km
17
Champlain
Township
North
and
South
County Road 11
(Longueuil
Street)
Ste-Anne Road
1.3 km
19
Alfred and
Plantagenet
East
and
West
Concession 6
Road
Concession 7
Road
1.5 km
19
Nation Municipality
East
and
West
County Road 8
Ettyville Road
1.8 km
19
Nation Municipality
East
and
West
Unponed road
allowance
between Lot 22
Concession 10
and Lot 22
Concession 11
Concession 10
Road
1.8 km
20
Champlain
Township
East
and
West
Concession 1
Road
County Road 10
0.88 km
27
Nation Municipality
East and
West
Route 900 East
Route 1000
1.5 km