Municipal Act, 2001

PART I GENERAL

1 (1) In this Act, “assessment corporation” means the Municipal Property Assessment Corporation; (“société d’évaluation foncière”) “business licensing by-law” means, in respect of a municipality, a by-law of the municipality providing for a system of licences with respect to a business passed under paragraph 11 of subsection 10 (2) or paragraph 11 of subsection 11 (3) or under section 151 if the by-law could also be passed by the municipality under one of those paragraphs; (“règlement sur les permis d’entreprise”) “county” means an upper-tier municipality that was a county, including the Frontenac Management Board, on the day before this Act came into force; (“comté”) “economic development services” means, in respect of a municipality, the promotion of the municipality by the municipality for any purpose by the collection and dissemination of information and the acquisition, development …

2 Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters. 2006, c. 32, Sched. A, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 2 - 01/01/2007

3 (1) The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest and, consistent with this principle, the Province shall consult with municipalities in accordance with a memorandum of understanding entered into between the Province and the Association of Municipalities of Ontario. 2005, c. 8, s. 1. Review (2) The Ministry of Municipal Affairs and Housing shall initiate a review of this Act before the end of 2007 and thereafter within five years of the end of the previous review. 2001, c. 25, s. 3 (2). Section Amendments with date in force (d/m/y) 2005, c. 8, s. 1 - 13/06/2005

3.1 The Province acknowledges that a municipality has the authority to enter into agreements with the Crown in right of Canada with respect to matters within the municipality’s jurisdiction. 2006, c. 32, Sched. A, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 3 - 01/01/2007

4 The inhabitants of every municipality are incorporated as a body corporate. 2017, c. 20, Sched. 8, s. 99 (1). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 4 - 01/01/2007 2017, c. 20, Sched. 8, s. 99 (1) - 19/10/2021

4.1 (1) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to a municipality. 2017, c. 20, Sched. 8, s. 99 (1). Local boards and Not-for-Profit Corporations Act, 2010 (2) Except as prescribed, the Not-for-Profit Corporations Act, 2010 does not apply to a local board that is a body corporate. 2017, c. 20, Sched. 8, s. 99 (1). Regulations (3) The Lieutenant Governor in Council may, by regulation, prescribe for the purposes of subsection (2), (a) a local board; (b) the provisions of the Not-for-Profit Corporations Act, 2010 that are to apply to the local board; and (c) any modifications subject to which those provisions are to apply to the local board. 2017, c. 20, Sched. 8, s. 99 (1). Definition (4) In this section, “local board” means a local board other than, (a) a board of health as defined in subsection 1 (1) of the Health Protection and Promoti…

5 (1) The powers of a municipality shall be exercised by its council. 2001, c. 25, s. 5 (1). Council a continuing body (2) Anything begun by one council may be continued and completed by a succeeding council. 2001, c. 25, s. 5 (2). Powers exercised by by-law (3) A municipal power, including a municipality’s capacity, rights, powers and privileges under section 9, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise. 2001, c. 25, s. 5 (3); 2006, c. 32, Sched. A, s. 5. Scope (4) Subsections (1) to (3) apply to all municipal powers, whether conferred by this Act or otherwise. 2001, c. 25, s. 5 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 5 - 01/01/2007

6 (1) The power of a municipality to acquire land under this or any other Act includes the power to expropriate land in accordance with the Expropriations Act. 2001, c. 25, s. 6. Extended power (2) A municipality, local board or school board that has the authority to expropriate land may, with the approval of the Ontario Land Tribunal, exercise the authority with respect to land or an interest in land owned by another municipality, local board or school board that has the authority to expropriate land. 2002, c. 17, Sched. A, s. 2; 2017, c. 23, Sched. 5, s. 40; 2021, c. 4, Sched. 6, s. 64 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 2 - 01/01/2003 2017, c. 23, Sched. 5, s. 40 - 03/04/2018 2021, c. 4, Sched. 6, s. 64 (1) - 01/06/2021

7 (1) In this section, “special Act” means an Act relating to a particular municipality. 2001, c. 25, s. 7 (1). Relationship between this Act and special Acts (2) Except where otherwise expressly or by necessary implication provided, (a) this Act does not limit or restrict the powers of a municipality under a special Act; and (b) a special Act does not limit or restrict the powers of a municipality under this Act. 2001, c. 25, s. 7 (2). Override power (3) Despite subsection (2), a municipality may exercise its powers with respect to any of the following matters to override a special Act, even if the special Act is more specific and is enacted more recently than this Act: 1. Changing the name of the municipality. 2. Transferring powers between upper-tier and lower-tier municipalities. 3. Dissolving or changing local boards. 4. Changing the composition of council. 5. Establishing, changing…

7.1 (1) This Act does not apply to any of the following, except as otherwise provided by another provision of this Act or of the City of Toronto Act, 2006: 1. The City of Toronto, a local board of the City (including a joint local board of the City) or a city corporation. 2. Members of the council of the City, members of a local board of the City (including a joint local board of the City) or directors or members of a city corporation. 3. Officers, employees or agents of the City, of a local board of the City (including a joint local board of the City) or of a city corporation. 2006, c. 11, Sched. B, s. 9 (2). Same (2) Subsection (1) does not affect the power of another municipality to enter into an agreement or undertake an activity jointly with the City of Toronto. 2006, c. 11, Sched. B, s. 9 (2). Same (3) Unless the context requires otherwise, the terms “municipality”, “local municipa…

PART II GENERAL MUNICIPAL POWERS

8 (1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues. 2006, c. 32, Sched. A, s. 8. Ambiguity (2) In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force. 2006, c. 32, Sched. A, s. 8. Scope of by-law making power (3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may, (a) regulate or prohibit respecting the matter; (b) require persons to do things respec…

9 A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. 2006, c 32, Sched. A, s. 8. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 3 - 01/01/2003 2006, c. 32, Sched. A, s. 8 - 01/01/2007

10 (1) A single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public. 2006, c. 32, Sched. A, s. 8. By-laws (2) A single-tier municipality may pass by-laws respecting the following matters: 1. Governance structure of the municipality and its local boards. 2. Accountability and transparency of the municipality and its operations and of its local boards and their operations. 3. Financial management of the municipality and its local boards. 4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act. 5. Economic, social and environmental well-being of the municipality, including respecting climate change. 6. Health, safety and well-being of persons. 7. Services and things that the municipality is authorized to provide under subsection (1). 8. Protection of persons and…

Spheres of Jurisdiction

11 (1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4). 2006, c. 32, Sched. A, s. 8. By-laws (2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters: 1. Governance structure of the municipality and its local boards. 2. Accountability and transparency of the municipality and its operations and of its local boards and their operations. 3. Financial management of the municipality and its local boards. 4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act. 5. Economic, social and environmental well-being of the municipality, including respecting climate change. 6. Healt…

11.1 In this Part, “animal” means any member of the animal kingdom, other than a human; (“animal”) “drainage business” means drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections; (“entreprise de drainage”) “lodging house” means any house or other building or portion of it in which persons are lodged for hire, but does not include a hotel, hospital, long-term care home, home for the young or institution if it is licensed, approved or supervised under any other Act; (“pension”) “plumbing business” means plumbing contractors, and persons who do any kind of plumbing work; (“entreprise de plomberie”) “salvage business” means salvage shops and salvage yards, including an automobile wrecking yard or premises; (“entreprise de récupération”) “second-hand goods” includ…

12 If, on December 31, 2002, an order under section 25.2 or 25.3 of the old Act, a by-law passed under section 209, 209.2 or 209.4 of the old Act or a by-law passed under section 41 of the Regional Municipality of Waterloo Act or under section 150 of the Regional Municipalities Act, as they read on that day, was in force, the order or by-law continues, and the power to pass by-laws conferred as a result of the order or by-law continues, despite section 11 and has the same effect as it had on December 31, 2002. 2001, c. 25, s. 12; 2002, c. 17, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 5 - 01/01/2003

General Restrictions

13 (1) If there is conflict between a by-law passed by a lower-tier municipality under subsection 11 (3) and a by-law passed by its upper-tier municipality under subsection 11 (3), the by-law of the upper-tier municipality prevails to the extent of the conflict. 2006, c. 32, Sched. A, s. 9. Example (2) Without restricting the generality of subsection (1), there is conflict between by-laws of different tiers if a by-law of the lower-tier municipality frustrates an integral part of a system of the upper-tier municipality. 2006, c. 32, Sched. A, s. 9. Overlapping powers (3) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (3) and also under any other provision of this or any other Act, the by-law is deemed to have been passed under subsection 11 (3). 2006, c. 32, Sched. A, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 32,…

13.1 (1) A by-law of a lower-tier or upper-tier municipality under subsection 11 (1) or (2) is inoperative to the extent it frustrates an integral part of a system of its upper-tier municipality or lower-tier municipality, as the case may be, authorized by by-law under subsection 11 (1) or (2). 2006, c. 32, Sched. A, s. 9. Overlapping powers (2) For the purpose of subsection (1), if a municipality has the power to pass a by-law under subsection 11 (1) or (2) and also under any other provision of this or any other Act, the by-law is deemed not to have been passed under subsection 11 (1) or (2). 2006, c. 32, Sched. A, s. 9. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 9 - 01/01/2007

14 (1) A by-law is without effect to the extent of any conflict with, (a) a provincial or federal Act or a regulation made under such an Act; or (b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation. 2001, c. 25, s. 14. Same (2) Without restricting the generality of subsection (1), there is a conflict between a by-law of a municipality and an Act, regulation or instrument described in that subsection if the by-law frustrates the purpose of the Act, regulation or instrument. 2006, c. 32, Sched. A, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 10 - 01/01/2007

Restrictions Affecting Municipal Powers

15 (1) If a municipality has power to pass a by-law under section 9, 10 or 11 and also under a specific provision of this or any other Act, the power conferred by section 9, 10 or 11 is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power and any limits on the power contained in the specific provision. 2001, c. 25, s. 15 (1); 2006, c. 32, Sched. A, s. 11 (1). Interpretation (1.1) For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not a municipality has a particular power shall not be interpreted as a limit on the power contained in the specific provision. 2006, c. 32, Sched. A, s. 11 (2). Application to new and existing provisions (2) Subsection (1) applies whether the specific provision was enacted before or after, (a) the day this section comes i…

16 Repealed: 2006, c. 32, Sched. A, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 12 - 01/01/2007

17 (1) Sections 9, 10 and 11 do not authorize a municipality to, (a) impose taxes; (b) borrow or invest money or sell debt; (c) incur debt without borrowing money for the purpose of obtaining long-term financing of any capital undertaking; (d) enter into agreements for the purpose of minimizing costs or financial risk associated with the incurring of debt; (e) make a grant or a loan; (f) take any other prescribed financial action; (g) become a bankrupt under the Bankruptcy and Insolvency Act (Canada); or (h) as an insolvent person, make an assignment for the general benefit of creditors under section 49 of the Bankruptcy and Insolvency Act (Canada) or make a proposal under section 50 of that Act. 2006, c. 32, Sched. A, s. 13. Regulations (2) The Minister may make regulations prescribing financial actions for the purpose of clause (1) (f). 2006, c. 32, Sched. A, s. 13. Section Amendments …

18 A municipality shall not confer on any person the exclusive right of carrying on any business, trade or occupation unless specifically authorized to do so under any Act. 2001, c. 25, s. 18.

Geographic Application

19 (1) By-laws and resolutions of a municipality apply only within its boundaries, except as provided in subsection (2) or in any other provisions of this or any other Act. 2001, c. 25, s. 19 (1). Exception, services (2) A municipality may exercise its powers, other than its power to impose taxes, to provide a municipal system to provide a service or thing in an area in another municipality or in unorganized territory if one of the purposes for so acting is for its own purposes and if one of the following conditions applies: 1. The service or thing is provided only to inhabitants of the municipality providing the service or thing. 2. The other municipality is a single-tier municipality and the service or thing is provided with its consent. 3. The other municipality is a lower-tier municipality and the service or thing is provided with the consent of, i. the lower-tier municipality, if it…

Agreements

20 (1) A municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries. 2001, c. 25, s. 20 (1). Outside boundaries (2) The municipality may provide the matter in accordance with the agreement anywhere that any of the municipalities or local bodies have the power to provide the matter. 2001, c. 25, s. 20 (2).

21 (1) A municipality may enter into an agreement with a First Nation to provide a municipal system within the limits of the reserve occupied by the First Nation, whether the reserve is within the municipality or not. 2001, c. 25, s. 21 (1). Power (2) The municipality may provide the system outside its boundaries in accordance with the agreement. 2001, c. 25, s. 21 (2).

22 (1) A municipality may provide a system that it would otherwise not have power to provide within the municipality, if it does so in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario. 2001, c. 25, s. 22 (1). Power (2) The municipality may provide the system outside its boundaries in accordance with the agreement. 2001, c. 25, s. 22 (2). Outside boundaries (3) A municipality may provide a system that it has power to provide within the municipality outside its boundaries in accordance with an agreement with the Province of Ontario under a program established and administered by the Province of Ontario. 2001, c. 25, s. 22 (3); 2006, c. 32, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 14 - 01/01/2007

23 A municipality may enter into an agreement with any person to construct, maintain and operate a private road or a private water or sewage works, including fire hydrants. 2001, c. 25, s. 23.

Delegation of Powers and Duties

23.1 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part. 2006, c. 32, Sched. A, s. 15. Scope of power (2) The following rules apply to a by-law delegating any of the municipality’s powers or duties: 1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the municipality’s power to revoke the delegation. 2. A delegation shall not limit the right to revoke the delegation beyond the term of the council which made the delegation. 3. A delegation may provide that only the delegate can exercise the delegated power or that both the municipality and the delegate can exercise the power. 4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty being a joint …

23.2 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to, (a) one or more members of its council or a council committee; (b) a body having at least two members of whom at least 50 per cent are, (i) members of its council, (ii) individuals appointed by its council, (iii) a combination of individuals described in subclauses (i) and (ii); or (c) an individual who is an officer, employee or agent of the municipality. 2006, c. 32, Sched. A, s. 15. Restriction re applicable Acts (2) For the purposes of subsection (1), the listed Acts are this Act, the Planning Act, a private Act relating to the municipality and such other Acts as may be prescribed. 2006, c. 32, Sched. A, s. 15. Restriction re cer…

23.3 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate any of the following powers and duties: 1. The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act. 2. The power to pass a by-law under section 400.1 and Parts VIII, IX, IX.1 and X. 3. The power to incorporate corporations in accordance with section 203. 4. The power to adopt an official plan or an amendment to an official plan under the Planning Act. 5. The power to pass a zoning by-law under the Planning Act, except as provided under section 39.2 of that Act. 6. The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6), (7) and (7.1). 7. The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that …

23.4 (1) When a municipality has delegated a power or duty to a municipal service board, the municipality may provide that any existing by-law or resolution of the municipality that relates to the delegated power or duty is, to the extent it applies in any part of the municipality, deemed to be a by-law or resolution of the municipal service board. 2006, c. 32, Sched. A, s. 15. Limitation (2) If a municipal service or activity is under the control and management of a municipal service board, nothing in this Act or a by-law made under this Act, (a) authorizes the municipal service board to provide for the financing of the municipal service or activity otherwise than by fees and charges under Part XII (Fees and Charges) unless the municipal service board has the consent of the municipality to do so; (b) removes from the municipality its power to finance the capital and operating costs of p…

23.5 (1) This section applies when a municipality is required by law to hold a hearing or provide an opportunity to be heard before making a decision or taking a step, whether the requirement arises from an Act or from any other source of law. 2006, c. 32, Sched. A, s. 15. Delegation authorized (2) Despite subsection 23.2 (1), sections 9, 10 and 11 authorize a municipality to delegate to a person or body described in that subsection the power or duty to hold a hearing or provide an opportunity to be heard before the decision is made or the step is taken. 2006, c. 32, Sched. A, s. 15. Rules re effect of delegation (3) If a municipality delegates a power or duty as described in subsection (2) but does not delegate the power to make the decision or take the step, the following rules apply: 1. If the person or body holds the hearing or provides the opportunity to be heard, the municipality i…

23.6 (1) Without limiting sections 9, 10 and 11, those sections authorize a municipality to establish one or more community councils which are responsible for, (a) exercising the powers and duties that have been delegated to the community council by the municipality with respect to matters relating to all or part of the municipality; and (b) performing the functions assigned to the community council by the municipality with respect to matters relating to all or part of the municipality, which may include the function of making recommendations to council on any matter, such as the budget. 2017, c. 10, Sched. 1, s. 3. Composition of community council (2) A community council may include, (a) a council committee; or (b) a body having at least two members that is composed of, (i) one or more members of council, (ii) individuals appointed by council, or (iii) a combination of individuals descr…

PART III SPECIFIC MUNICIPAL POWERS

Highways

24 In sections 25 to 68, “bridge” means a public bridge forming part of a highway or on, over or across which a highway passes; (“pont”) “provincial highway” means a highway under the jurisdiction of the Province of Ontario. (“voie publique provinciale”) 2001, c. 25, s. 24.

25 Except as otherwise provided in this Act, sections 26 to 68 do not apply to a provincial highway. 2001, c. 25, s. 25.

26 The following are highways unless they have been closed: 1. All highways that existed on December 31, 2002. 2. All highways established by by-law of a municipality on or after January 1, 2003. 3. All highways transferred to a municipality under the Public Transportation and Highway Improvement Act. 4. All road allowances made by the Crown surveyors that are located in municipalities. 5. All road allowances, highways, streets and lanes shown on a registered plan of subdivision. 2001, c. 25, s. 26.

27 (1) Except as otherwise provided in this Act, a municipality may pass by-laws in respect of a highway only if it has jurisdiction over the highway. 2001, c. 25, s. 27 (1). Joint jurisdiction (2) If a highway is under the joint jurisdiction of two or more municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway. 2001, c. 25, s. 27 (2).

28 (1) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act or in a by-law passed under this Act, a municipality has jurisdiction or joint jurisdiction, as the case may be, over the following highways: 1. All highways over which it had jurisdiction or joint jurisdiction on December 31, 2002. 2. All highways established by by-law of the municipality on or after January 1, 2003. 3. All highways transferred to the municipality under this Act, the Public Transportation and Highway Improvement Act or any other Act. 2001, c. 25, s. 28 (1). Local municipalities (2) Except as otherwise provided in this Act or under section 8 of the Public Transportation and Highway Improvement Act, a local municipality has jurisdiction over, (a) all road allowances located in the municipality that were made by the Crown surveyors; and (b) all road a…

29 (1) Subject to section 28 and to a by-law passed under section 52, the local municipalities on either side of a boundary line between municipalities have joint jurisdiction over any highways forming the boundary line. 2001, c. 25, s. 29 (1). Joint jurisdiction, bridges (2) Subject to section 28 and to a by-law passed under section 52, if a bridge joins a highway under the jurisdiction of any municipality to a highway under the jurisdiction of another municipality, the bridge is under the joint jurisdiction of the municipalities. 2001, c. 25, s. 29 (2). Deviation of boundary lines (3) If, because of physical difficulties or obstructions, a highway does not follow a boundary line throughout but deviates so that parts of it lie wholly within one of the boundary municipalities, the highway shall be deemed to be the boundary line between the two municipalities for the purposes of determini…

29.1 (1) If municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located. 2002, c. 17, Sched. A, s. 9. Effect (2) If municipalities enter into an agreement under subsection (1), each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the other municipality is relieved from all liability in respect of the repair of that part. 2002, c. 17, Sched. A, s. 9. Sect…

30 A highway is owned by the municipality that has jurisdiction over it subject to any rights reserved by a person who dedicated the highway or any interest in the land held by any other person. 2001, c. 25, s. 30.

31 (1) Repealed: 2006, c. 32, Sched. A, s. 16 (1). By-law necessary (2) After January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money. 2001, c. 25, s. 31 (2); 2006, c. 32, Sched. A, s. 16 (2). Certain highways not affected (3) Subsection (2) does not apply to highways described in paragraphs 3, 4 and 5 of section 26. 2001, c. 25, s. 31 (3). Exclusion (4) A municipality may by by-law assume the following highways for public use and section 44 does not apply to the highways until the municipality has passed the by-law: 1. An unopened road allowance made by the Crown surveyors. 2. A road allowance, highway, street or lane shown on a registered plan of subdivision. 2001, c. 25, s. 31 (4). Other exclusions (5) Section 44 does …

32 Despite section 19, a municipality may by by-law establish a highway in adjoining unorganized territory. 2001, c. 25, s. 32.

33 Repealed: 2006, c. 32, Sched. A, s. 17. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 17 - 01/01/2007

34 (1) A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office. 2006, c. 32, Sched. A, s. 18. Consent (2) A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway, (a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or (b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada. 2006, c. 32, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 18 - 01/01/2007

35 Without limiting sections 9, 10 and 11, a municipality may pass by-laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway. 2006, c. 32, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 18 - 01/01/2007

36-39 Repealed: 2006, c. 32, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 18 - 01/01/2007

40 (1) A municipality does not have the power to designate, operate or maintain a highway as a toll highway. 2025, c. 10, Sched. 13, s. 1. Same (2) For greater certainty, the limit on the powers of a municipality set out in subsection (1) applies regardless of a municipality’s purpose for designating, operating or maintaining a highway as a toll highway, including for the purpose of easing congestion on such highway. 2025, c. 10, Sched. 13, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 19 - 01/01/2007 2025, c. 10, Sched. 13, s. 1 - 05/06/2025

41, 42 Repealed: 2006, c. 32, Sched. A, s. 20. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 20 - 01/01/2007

43 A municipality that permanently closes a highway shall not convey the land forming the highway if it is covered with water without the consent of the Ministry of Natural Resources. 2001, c. 25, s. 43.

44 (1) The municipality that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge. 2001, c. 25, s. 44 (1). Liability (2) A municipality that defaults in complying with subsection (1) is, subject to the Negligence Act, liable for all damages any person sustains because of the default. 2001, c. 25, s. 44 (2). Defence (3) Despite subsection (2), a municipality is not liable for failing to keep a highway or bridge in a reasonable state of repair if, (a) it did not know and could not reasonably have been expected to have known about the state of repair of the highway or bridge; (b) it took reasonable steps to prevent the default from arising; or (c) at the time the cause of action arose, minimum standards established under subsection (4) applied to the highway or brid…

45 (1) No proceeding shall be commenced against a member of council or an officer or employee of the municipality for damages based on the default of the municipality in keeping a highway or bridge in a state of repair that is reasonable in light of all of the circumstances, including the character and location of the highway or bridge. 2001, c. 25, s. 45 (1). Exception, contractors (2) Subsection (1) does not apply to a contractor with the municipality, including any officer or employee who is acting as a contractor, whose act or omission caused the damages. 2001, c. 25, s. 45 (2).

46 Subsections 44 (8) to (15) apply to an action brought against a municipality for damages that result from the presence of any nuisance on a highway. 2001, c. 25, s. 46; 2006, c. 32, Sched. A, s. 21. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 21 - 01/01/2007

47 Repealed: 2006, c. 32, Sched. A, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 22 - 01/01/2007

48 A local municipality may name or change the name of a private road after giving public notice of its intention to pass the by-law. 2001, c. 25, s. 48.

49 Repealed: 2006, c. 32, Sched. A, s. 22. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 22 - 01/01/2007

50 A municipality does not have power to pass a by-law establishing a system of permits for motor vehicles or trailers, as those terms are defined in the Highway Traffic Act, similar to the system under Part II of that Act. 2001, c. 25, s. 50.

51 (1) Subject to subsection (2), a municipality does not have the power to require that a licence or permit be obtained in respect of a wheeled vehicle used for farming purposes before the vehicle may be used upon any highway of the municipality. 2006, c. 32, Sched. A, s. 23. Limitation (2) Subsection (1) applies to a vehicle used for farm purposes only when travelling from farm to farm for farm purposes or when travelling to or from places for the maintenance or repair of the vehicle. 2001, c. 25, s. 51 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 23 - 01/01/2007

52 (1) An upper-tier municipality may add a lower-tier highway, including a boundary line highway, to its highway system from any of its lower-tier municipalities. 2001, c. 25, s. 52 (1). Boundary line (2) An upper-tier municipality may add to its highway system such highways forming the boundary line between the upper-tier municipality and an adjoining municipality as are agreed upon between them, in which case the upper-tier municipality and the adjoining municipality have joint jurisdiction over the highways. 2001, c. 25, s. 52 (2). Jurisdiction (3) If a highway forms part of the upper-tier highway system, the upper-tier municipality has jurisdiction over the highway. 2001, c. 25, s. 52 (3). Removal (4) An upper-tier municipality may remove a highway, including a boundary line highway, from its system. 2001, c. 25, s. 52 (4). Effect of removal (5) If a highway is removed from an upper…

53 (1) If jurisdiction over a highway is transferred from one municipality to another municipality under section 52, (a) the municipality to which jurisdiction over the highway has been transferred stands in the place of the transferor under any agreement in respect of the highway; and (b) if jurisdiction over the highway has been transferred from a lower-tier municipality to its upper-tier municipality, the upper-tier municipality shall pay to the lower-tier municipality, before the due date, all amounts becoming due upon any debt of the lower-tier municipality in respect of the highway. 2001, c. 25, s. 53. Effect of transfer (2) The operation of clause (1) (a) does not constitute a breach, termination, frustration or repudiation of an agreement, or an event of default or force majeure. 2025, c. 23, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 23, s. 4 - 11/12/2025

53.1 (1) The jurisdiction or joint jurisdiction of The Regional Municipality of Peel over highways, including bridges under section 54, and the jurisdiction over public utilities collecting the storm water that drains from those highways that are within the geographic area of the City of Mississauga, the City of Brampton and the Town of Caledon is transferred to the lower-tier municipality in which the highway and the public utilities are located, as of the date prescribed by the Minister for each lower-tier municipality. 2025, c. 23, s. 5. If no date prescribed (2) If the Minister does not prescribe a different date for the transfer before July 1, 2026, the transfer of jurisdiction or joint jurisdiction under subsection (1) occurs on that day. 2025, c. 23, s. 5. Lower-tier municipality stands in place of Peel (3) On the day that the jurisdiction or joint jurisdiction over highways, incl…

54 An upper-tier municipality that had jurisdiction over a bridge on a lower-tier highway on the day this section came into force continues to have jurisdiction over the approaches to it for 30 metres at each end of the bridge or any other distance agreed upon by the upper-tier municipality and the lower-tier municipality. 2001, c. 25, s. 54.

55 (1) An upper-tier municipality is not responsible for the construction and maintenance of sidewalks on its highways and the lower-tier municipality in which the highways are located is responsible for the construction and maintenance of the sidewalks and has jurisdiction over that part of the highway, unless the municipalities agree otherwise. 2001, c. 25, s. 55 (1). Injury, damages (2) A lower-tier municipality that is responsible for the construction and maintenance of the sidewalks on upper-tier highways is liable for any injury or damage arising from the construction or presence of the sidewalk to the same extent and subject to the same limitations to which a municipality is liable under section 44 in respect of a sidewalk on its own highway. 2001, c. 25, s. 55 (2). Improvements on upper-tier highways (3) A lower-tier municipality may, with the agreement of the upper-tier municipa…

56 Where an upper-tier highway intersects a lower-tier highway, the continuation of the upper-tier highway to its full width across the lower-tier highway intersected is an upper-tier highway. 2001, c. 25, s. 56.

57 Repealed: 2006, c. 32, Sched. A, s. 24. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 24 - 01/01/2007

58 (1) An upper-tier municipality has, in respect of land lying within 45 metres from any limit of an upper-tier highway, all the powers conferred on a local municipality under section 34 of the Planning Act for prohibiting the erecting or locating of buildings and other structures within that area. 2001, c. 25, s. 58 (1). Conflicts (2) If there is a conflict between a by-law passed by an upper-tier municipality under subsection (1) and a by-law passed by a lower-tier municipality under section 34 of the Planning Act, the by-law of the upper-tier municipality prevails to the extent of the conflict, but in all other respects the by-law passed by the lower-tier municipality remains in effect. 2001, c. 25, s. 58 (2).

59 Without limiting sections 9, 10 and 11, an upper-tier municipality may prohibit or regulate the placing or erecting of any sign, notice or advertising device within 400 metres of any limit of an upper-tier highway. 2001, c. 25, s. 59; 2006, c. 32, Sched. A, s. 25. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 25 - 01/01/2007

60 Despite section 19, a municipality may, at any reasonable time, enter upon any land within the municipality or within an adjoining municipality and lying along any highway under its jurisdiction, including land owned by the Crown in right of Ontario, for the purpose of erecting and maintaining a snow fence. 2001, c. 25, s. 60. Section Amendments with date in force (d/m/y) CTS 6 FE 25 - 1

61 (1) A municipality may, at any reasonable time, enter upon land lying along a highway to install and maintain a sign setting out the name of a highway. 2001, c. 25, s. 61 (1). Private roads (2) If a local municipality has passed a by-law under section 48 to name or change the name of a private road, the municipality may, at any reasonable time, enter upon land lying along the private road to install and maintain a sign setting out the name of the road. 2001, c. 25, s. 61 (2).

62 (1) A municipality may, at any reasonable time, enter upon land lying along any of its highways, (a) to inspect trees and conduct tests on trees; and (b) to remove decayed, damaged or dangerous trees or branches of trees if, in the opinion of the municipality, the trees or branches pose a danger to the health or safety of any person using the highway. 2001, c. 25, s. 62 (1). Immediate danger (2) An employee or agent of the municipality may remove a decayed, damaged or dangerous tree or branch of a tree immediately and without notice to the owner of the land upon which the tree is located if, in the opinion of the employee or agent, the tree or branch poses an immediate danger to the health or safety of any person using the highway. 2001, c. 25, s. 62 (2); 2006, c. 32, Sched. A, s. 26. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 26 - 01/01/2007

62.1 (1) A municipality may apply to a judge of the Superior Court of Justice for an order requiring the owner of land lying along a highway to remove or alter any vegetation, building or object on the land that may obstruct the vision of pedestrians or drivers of vehicles on the highway, cause the drifting or accumulation of snow or harm the highway if the municipality is unable to enter into an agreement with the owner of the land to alter or remove the vegetation, building or object from the land. 2002, c. 17, Sched. A, s. 10. Order (2) Upon application by the municipality under subsection (1), the judge may make an order, subject to the payment of such compensation to the owner or other conditions as the judge may fix, (a) requiring the owner of the land to remove or alter the vegetation, building or object in respect of which the application is made; or (b) authorizing the municipal…

63 (1) If a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law. 2006, c. 32, Sched. A, s. 27. Exception (2) Subsection (1) does not authorize any action with respect to a motor vehicle on a parking lot on land not owned or occupied by the municipality. 2006, c. 32, Sched. A, s. 27. Entry on land (3) The municipality may, at any reasonable time, enter upon land near a highway for a purpose described in subsection (1). 2006, c. 32, Sched. A, s. 27. Sale of impounded object, etc. (4) Despite subsection (1), …

64 (1) A township in a territorial district, other than a township in The District Municipality of Muskoka, surveyed without road allowances may establish highways, where necessary, on land in which 5 per cent of the land is reserved for highways and the provisions of this Act as to compensation for land taken or injuriously affected by the exercise of the powers conferred by this section do not apply to the establishing of the highways. 2001, c. 25, s. 64 (1). Definition (2) In this section, “township” means a local municipality which had the status of a township on December 31, 2002. 2001, c. 25, s. 64 (2).

65 (1) If, before January 1, 2003, a municipality by mistake opened a highway not wholly upon the original road allowance, the land occupied by the highway shall be deemed to have been expropriated by the municipality and no person on whose land the highway was opened may bring an action in respect of the opening of the highway or to recover possession of the land. 2001, c. 25, s. 65 (1). Compensation (2) The person on whose land the highway was opened is entitled to compensation in accordance with the Expropriations Act as if the land were expropriated. 2001, c. 25, s. 65 (2).