Public Transportation and Highway Improvement Act

1 In this Act, “bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes; (“pont”) “construction” includes reconstruction; (“construction”) “Deputy Minister” means the Deputy Minister of Transportation; (“sous-ministre”) “grading” means configuring the surface of the land by removing, adding or moving material, whether earthen or otherwise; (“nivellement”) “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, 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; (“voie publique”) “land” includes an estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”) “maintenance” inc…

PART I LAND ACQUISITION, HIGHWAYS AND OTHER WORKS

2 (1) All property acquired under this Part is vested in the Crown and is under the jurisdiction and control of the Ministry. R.S.O. 1990, c. P.50, s. 2 (1). Property may be sold, etc. (2) Subject to subsection 5 (2), all property that is under the jurisdiction and control of the Ministry may be leased, sold or otherwise disposed of by the Minister. R.S.O. 1990, c. P.50, s. 2 (2). Use of space and areas over or under highway (3) The Minister may authorize any ministry or agency of the Crown or any municipality or any local board, as defined in the Municipal Affairs Act, or any corporation or person, by lease, licence or other arrangement, (a) to use; or (b) to construct, maintain and use buildings, structures or improvements in or on, any space or area located over, across or under a highway under the jurisdiction of the Ministry where, in the opinion of the Minister, such construction, …

3 (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto in favour of the Crown, in respect of any highway or other works under the jurisdiction and control of the Ministry, is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, even if the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Crown. Terms of instrument binding on successors (2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted or created by or contained in the instrument are binding upon and enure to the benefit of the heirs, successors, personal representatives and assigns of…

4 Where this Act or the Expropriations Act requires a plan or other instrument under this Act, other than an order in council mentioned in section 7 or 36, to be registered in the proper land registry office or deposited with the Minister of Natural Resources, the plan or instrument shall be signed by an Ontario Land Surveyor and one of the following: 1. The Minister. 2. The Deputy Minister. 3. An Assistant Deputy Minister of the Ministry. 4. The Chief Surveyor of the Ministry. R.S.O. 1990, c. P.50, s. 4.

5 (1) Where the Minister desires to acquire any Crown lands not under the jurisdiction and control of the Ministry that he or she considers necessary for the purposes of the Ministry, the Minister shall deposit with the Minister of Natural Resources and register in the proper land registry office a plan of the land to be known and marked “Crown Land Plan/Plan des terres de la Couronne” and thereupon the land is under the jurisdiction and control of the Ministry. Crown land no longer required by Ministry (2) Where the jurisdiction and control of Crown lands is no longer required by the Ministry, the Minister may, with the approval of the Minister of Natural Resources, by a writing deposited with the Minister of Natural Resources and registered in the proper land registry office, declare that the jurisdiction and control of the land is no longer required and thereupon such land is under th…

6 The Minister or any person authorized by him or her may, without the consent of the owner, (a) enter upon and use any land; (b) alter in any manner any natural or artificial feature of any land; (c) construct and use roads on, to or from any land; or (d) place upon or remove from any land any substance or structure, for any purpose of this Part. R.S.O. 1990, c. P.50, s. 6.

7 (1) The Lieutenant Governor in Council may designate a highway or proposed highway as the King’s Highway. R.S.O. 1990, c. P.50, s. 7 (1). Registration of order in council (2) The order in council designating a highway or proposed highway as the King’s Highway shall be registered in the proper land registry office and any such order in council heretofore registered shall be deemed to have been required to be so registered. R.S.O. 1990, c. P.50, s. 7 (2). Designation not regulation (3) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (1) - 25/07/2007

8 (1) Where the Minister desires to acquire an existing highway, he or she shall register in the proper land registry office, Assumption Plan (a) a plan of the highway to be known as and marked “Assumption Plan/Plan d’appropriation”; or Notice of Assumption (b) a notice to be known as and marked “Notice of Assumption/Avis d’appropriation” referring to a plan of the highway registered in the proper land registry office,

and thereupon the highway vests in the Crown and the Minister forthwith shall give notice in writing of such vesting to any municipality concerned. Preliminary Assumption Plan (2) The Minister, before registering an “Assumption Plan”, may register in the proper land registry office, a preliminary plan of the highway to be known as and marked “Preliminary Assumption Plan/Plan préliminaire d’appropriation”, and such Preliminary Assumption Plan when registered has the same force and effect as an Assumption Plan registered under subsection (1), but an Assumption Plan of the highway or a Notice of Assumption referring to a plan registered in the proper land registry office shall thereafter be registered under subsection (1). R.S.O. 1990, c. P.50, s. 8.

9 In case of any omission, misstatement or erroneous description in a plan or description registered under this Part, the Minister may cause to be registered in the proper land registry office a plan or description replacing or amending such original plan or description and signed by an Ontario land surveyor and one of, (a) the Minister; (b) the Deputy Minister; (c) an Assistant Deputy Minister of the Ministry; or (d) the Chief Surveyor of the Ministry,

and a plan registered under this section shall be marked to show the nature of the replacement or amendment and is of the same force and effect as, and is in substitution for, the original plan or description to the extent that such plan or description is replaced or amended thereby. R.S.O. 1990, c. P.50, s. 9.

10 Where a plan and description purporting to be signed by any of the persons authorized so to do is registered under this Part, it shall be deemed to have been registered by the direction and authority of the Minister and as indicating that in the opinion of the Minister the highway described or the land described is necessary for the purposes of this Part, and the plan and description shall not be called in question except by the Minister or by a person authorized by the Minister. R.S.O. 1990, c. P.50, s. 10.

11 (1) The Minister may, in the name of the Crown, acquire by purchase, lease or otherwise or may, without the consent of the owner, expropriate any land he or she considers necessary for the purposes of this Act or for making compensation in whole or in part to any person for land acquired under this Act. Power to take whole lot when part only required (2) Where the Minister is of opinion that he or she can obtain the whole of a lot or parcel of land at a more reasonable price or to greater advantage than by acquiring a part thereof only, the Minister may expropriate the whole of the lot or parcel and also any right of way thereto. R.S.O. 1990, c. P.50, s. 11.

11.1 (1) Subsections 6 (2) to (5), section 7 and subsections 8 (1) and (2) of the Expropriations Act do not apply to an expropriation of land under section 11. 2020, c. 18, Sched. 19, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11.1 (1) of the Act is amended by striking out “section 7 and subsections 8 (1) and (2)” and substituting “section 7, subsections 8 (1) and (2) and section 8.1”. (See: 2021, c. 4, Sched. 5, s. 7) Transition (2) If a decision under subsection 8 (2) of the Expropriations Act has not been made in respect of an intended expropriation of land under section 11 before the day section 1 of Schedule 19 of the COVID-19 Economic Recovery Act, 2020 comes into force, (a) no hearing shall be held on the matter under section 7 of the Expropriations Act; (b) any hearing on the matter that has been commenced is deemed to be terminated on…

11.2 (1) The Minister may establish a process for receiving comments from property owners about a proposed expropriation under section 11 and for considering those comments. 2020, c. 18, Sched. 19, s. 1. How process established (2) The Minister may make regulations establishing the process or may establish the process by another means. 2020, c. 18, Sched. 19, s. 1. Statutory Powers Procedure Act (3) The Statutory Powers Procedure Act does not apply to a process for receiving and considering comments about a proposed expropriation under this section. 2020, c. 18, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 19, s. 1 - 21/07/2020

12 The provisions of this Part respecting claims for damages or compensation and the amount thereof resulting from the exercise of any power under section 6 apply only where the exercise of such power does not result in expropriation or injurious affection to which the Expropriations Act applies. R.S.O. 1990, c. P.50, s. 12.

13 (1) Where any of the powers conferred by section 6 have been exercised, the Minister shall, within sixty days thereafter, give notice to the owner, (a) if the owner and the owner’s place of residence are known, by serving upon or by mailing by registered letter addressed to the owner at the owner’s last known place of residence a notice describing the land affected and the power exercised and stating that every person having any claim to compensation must file the claim in the office of the Minister within six months after the date of the notice; or (b) if the owner or the owner’s place of residence is unknown, by the publication of a similar notice once a week for at least three weeks in a newspaper having general circulation in the upper-tier municipality, single-tier municipality or district in which the land affected is situate. R.S.O. 1990, c. P.50, s. 13 (1); 2002, c. 17, Sched.…

14 (1) The Minister shall make due compensation to the owner of land for any damage necessarily resulting from the exercise of any of the powers conferred by section 6. R.S.O. 1990, c. P.50, s. 14 (1). Determination of compensation (2) Every such claim for compensation not agreed upon by the Minister and the claimant shall be determined by the Tribunal and not otherwise, and the Ontario Land Tribunal Act, 2021, except section 24, applies so far as is practicable to every such claim that is referred to the Tribunal. 2017, c. 23, Sched. 5, s. 105; 2021, c. 4, Sched. 6, s. 83 (2). Appeal to Divisional Court (3) The Minister or the claimant may, with leave of the Divisional Court, appeal to that court from any determination or order of the Tribunal as to compensation under this Part. R.S.O. 1990, c. P.50, s. 14 (3); 2017, c. 23, Sched. 5, s. 106. Time for appeal (4) Application for leave to …

15 Every person who is claiming compensation or damages under this Part shall, upon demand made therefor by the Minister or any person authorized by him or her, furnish to the Minister a true statement showing the particulars of the person’s interest in the land concerned and of the claim made by the person. R.S.O. 1990, c. P.50, s. 15.

16 (1) Interest at the rate of 5 per cent per year may be allowed on the compensation or damages from the time when the land was used, but no person who has been offered in writing a sum equal to or greater than the compensation or damages shall be allowed interest thereon for any period after the date of the offer. R.S.O. 1990, c. P.50, s. 16 (1). Where interest may be withheld (2) Where the Tribunal is of the opinion that any delay in determining the compensation or damages is attributable in whole or in part to the person entitled to the compensation or damages or any part of it, the Tribunal may refuse to allow the person interest for the whole or any part of the time for which the person might otherwise be entitled to interest, or may allow interest at such rate less than 5 per cent per year as appears just. 2017, c. 23, Sched. 5, s. 107. Section Amendments with date in force (d/m/y…

17 The Minister of Finance may pay out of the Consolidated Revenue Fund to any person any sum to which the person is entitled under this Part as compensation, damages or costs. R.S.O. 1990, c. P.50, s. 17; 2006, c. 19, Sched. T, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. T, s. 10 - 22/06/2006

18 The Minister has, within the limits of any municipality in which the King’s Highway is situate, all the powers that may be exercised by that municipality in respect of its highways. R.S.O. 1990, c. P.50, s. 18.

19 (1) The Minister has in respect of the King’s Highway all the rights, powers, benefits and advantages conferred by by-law or agreement or otherwise upon the municipality that had jurisdiction and control of the highway before the highway was vested in the Crown, and the Crown may sue thereon in the same manner and to the same extent as the municipality might have done if the highway had not vested in the Crown. Right of Minister to copies of by-laws, etc. (2) The Minister is entitled to a copy of any such by-law or agreement from the municipality and has the right to inquire into and ascertain full particulars concerning any such by-law or agreement. R.S.O. 1990, c. P.50, s. 19.

20 (1) Except as otherwise designated by the Lieutenant Governor in Council, where the King’s Highway, other than a proposed highway, intersects a highway that is not the King’s Highway, the continuation of the King’s Highway to its full width across the highway so intersected is the King’s Highway and shall be deemed to be vested in the Crown and under the jurisdiction and control of the Ministry. R.S.O. 1990, c. P.50, s. 20 (1). Crossing highways (2) Despite subsection (1), where a highway is carried over or under the King’s Highway by a bridge or other structure the surface of the highway shall be deemed to be under the jurisdiction and control of the authority that has jurisdiction and control over the remainder of the highway and the Crown shall not be liable for maintenance and repair of the surface of the highway. R.S.O. 1990, c. P.50, s. 20 (2). Designation not regulation (3) A d…

21 (1) The Minister may designate a highway or part of a highway as a connecting link between parts of the King’s Highway or as an extension of the King’s Highway, to be constructed and maintained by the road authority having jurisdiction over the highway or part of the highway. 1996, c. 1, Sched. M, s. 49. Jurisdiction and control unchanged (2) A highway or part of a highway does not, by reason of its having been designated under subsection (1), become the property of the Crown, but every such highway or part of a highway remains under the jurisdiction and control of the road authority. 1996, c. 1, Sched. M, s. 49. Designation not regulation (3) A designation by the Minister under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (3). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched.…

22, 23 Repealed: 1996, c. 1, Sched. M, s. 50. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 50 - 01/01/1996

24 (1) The Minister, with the consent of the authority or person having jurisdiction and control over the road, may relocate, alter or divert any public or private road entering or touching upon or giving access to a highway under the jurisdiction and control of the Minister. R.S.O. 1990, c. P.50, s. 24 (1). During repairs road deemed to be King’s Highway (2) The cost of the changes made pursuant to subsection (1) shall be deemed to be part of the cost of the construction of the King’s Highway and during the period when the changes are being made that portion of the road being relocated, altered or diverted shall be deemed to be a King’s Highway for the purposes of section 33. R.S.O. 1990, c. P.50, s. 24 (2). Consent to closing of highway connecting with King’s Highway (3) A municipality shall not open, close or divert any highway or road allowance entering upon or intersecting the King’…

25 (1) The Minister or a person authorized by him or her may initiate and carry out proceedings under any Act for the purpose of procuring proper drainage for the King’s Highway, and the Minister or such authorized person has authority to file notices and declarations as owner with the clerk of the local municipality or municipalities, or may receive notices where any other person is the initiating party, in accordance with the procedure prescribed in the Act, but no drainage works shall be constructed upon the King’s Highway under any Act without the consent of the Minister or such authorized person. Drainage engineer for Ministry (2) The Minister may from time to time designate one or more engineers of the Ministry to be the engineer or engineers authorized to carry out the provisions of any Act for the purpose of procuring proper drainage for the King’s Highway or other property under…

26 (1) The Minister may construct, extend, alter, maintain and operate such works as he or she considers necessary or expedient for the purposes of the Ministry, and the Minister and any person, including a municipality or local board, as defined in the Municipal Affairs Act, may enter into agreements, with respect to the construction, extension, alteration, maintenance or operation of such works. R.S.O. 1990, c. P.50, s. 26 (1); 2002, c. 17, Sched. F, Table. Agreement for road construction (2) The Minister may enter into agreements to construct and maintain roads for and on behalf of a Minister of the Crown, or an agency of the Crown. R.S.O. 1990, c. P.50, s. 26 (2); 1998, c. 15, Sched. E, s. 31. Regulations (3) The Lieutenant Governor in Council may make regulations prohibiting or regulating the use of any commuter parking lot or transit station or of any rest, service or other area or…

26.1 (1) The Minister may authorize persons to stop vehicles on highways and conduct surveys about highway use and highway needs in order to assist the Ministry in planning, designing, maintaining and constructing highways. 2005, c. 26, Sched. B, s. 3. Authority to stop drivers (2) A person authorized by the Minister to conduct surveys and who is readily identifiable as such may direct the driver of any vehicle to move the vehicle safely to the side of the highway and stop there. 2005, c. 26, Sched. B, s. 3. Identification (3) A person conducting a survey shall produce, on request, evidence of his or her authorization. 2005, c. 26, Sched. B, s. 3. Safety (4) A person conducting a survey shall follow appropriate safety measures to ensure his or her own safety and the safety of others participating in the survey and of drivers, pedestrians and other persons on the highway. 2005, c. 26, Sch…

27 (1) Where the Minister considers it advantageous for the Ministry and any municipality to combine separate work projects, the Minister and the municipality may enter into agreements for the construction of such works on any terms and conditions, including the sharing of costs, that the Minister considers advisable. Powers of municipalities (2) Any municipality shall be deemed to have all the powers necessary to enter into and to carry out the terms and conditions of an agreement made under subsection (1). R.S.O. 1990, c. P.50, s. 27.

28 (1) While a work authorized by this Part is in progress, the Minister or a person authorized by him or her may close to traffic the King’s Highway on which the work is being done for such time as the Minister or such person, as the case may be, considers necessary. Alternative routes during work (2) While the King’s Highway is so closed to traffic, the Ministry shall provide and keep in repair an alternative route for traffic and for property owners who cannot obtain access to their property by reason of such closing, or the Minister and a municipality may enter into an agreement for that purpose or the Minister may make a grant to a municipality for that purpose, and any such expenditure or grant shall be apportioned as a part of the cost of the work in progress on the King’s Highway by reason of which the alternative route is necessary. Barricades (3) While the King’s Highway is so …

29 (1) In this section, “municipality” includes a commission that is a road authority appointed under an Act of the Legislature. R.S.O. 1990, c. P.50, s. 29 (1); 2002, c. 17, Sched. F, Table. Closing by Lieutenant Governor in Council (2) The Lieutenant Governor in Council may direct that any part of the King’s Highway or any part of any other highway that is under the jurisdiction and control of the Ministry shall be closed. R.S.O. 1990, c. P.50, s. 29 (2). Temporary closing by Minister (3) Despite subsection (2), the Minister may direct that any part of the King’s Highway or any part of any other highway that is under the jurisdiction and control of the Ministry shall be closed for a specified period of time not exceeding seventy-two hours where, in the opinion of the Minister, there is an adequate detour for through traffic. R.S.O. 1990, c. P.50, s. 29 (3). Transfer to municipality or …

29.1 The Lieutenant Governor in Council may stop up, alter, widen or divert any highway or part of a highway in a territorial district not being within an organized municipality, and may sell or lease the soil and freehold of any such highway or part of a highway that has been stopped up or that, in consequence of an alteration or diversion of it, no longer forms part of the highway as altered or diverted. 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

30 (1) The Ministry may plant trees upon the King’s Highway and the cost thereof shall be part of the cost of its maintenance. R.S.O. 1990, c. P.50, s. 30 (1). Cutting, etc. (2) No person, including a municipality and a local board, as defined in the Municipal Affairs Act, shall injure, destroy, cut or prune any tree within the limits of the King’s Highway without first obtaining the consent in writing of the Minister or a person authorized by him or her. R.S.O. 1990, c. P.50, s. 30 (2); 2002, c. 17, Sched. F, Table. Offence (3) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $200. R.S.O. 1990, c. P.50, s. 30 (3). Bonus for planting trees (4) The Ministry may pay an amount not exceeding 75 cents for each elm, maple or other tree of a species approved by the Ministry planted on land adjoining …

31 (1) Despite anything in any general or special Act, no person, including a municipality and a local board, as defined in the Municipal Affairs Act, (a) shall obstruct or deposit material on, along, under or across the King’s Highway or take up or in any way interfere with the King’s Highway; or (b) shall construct or change the use of any private road, entranceway, gate or other structure or facility as a means of access to the King’s Highway, other than a controlled-access highway, except in accordance with the conditions of a permit issued therefor by the Minister and those conditions may include such fees or other consideration as the Minister may specify. R.S.O. 1990, c. P.50, s. 31 (1); 1994, c. 17, s. 63; 2002, c. 17, Sched. F, Table. Offence (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $200 and no…

32 (1) The Minister may make regulations prohibiting or regulating the use of the King’s Highway by any class of vehicles or animals and may impose penalties for contravention thereof, but no such regulation has any force or effect until approved by the Lieutenant Governor in Council after notice to any municipality affected thereby. Horses, cattle, etc., on highway (2) Every person who, being the owner or having the care, custody or control of horses, cattle, swine, sheep or goats, suffers or permits them or any of them to run at large within the limits of the King’s Highway is guilty of an offence and on conviction is liable to a fine of not more than $50 for every such animal found at large upon the highway, but this section does not create any civil liability on the part of the owner of the animal for damage caused to the property of others as a result of the animal running at large …

33 (1) The King’s Highway shall be maintained and kept in repair by the Ministry and any municipality in which any part of the King’s Highway is situate is relieved from any liability therefor, but this does not apply to any sidewalk or municipal undertaking or work constructed or in course of construction by a municipality or which a municipality may lawfully do or construct upon the highway, and the municipality is liable for want of repair of the sidewalk, municipal undertaking or work, whether the want of repair is the result of nonfeasance or misfeasance, in the same manner and to the same extent as in the case of any other like work constructed by the municipality. R.S.O. 1990, c. P.50, s. 33 (1). Liability for damage in case of default (2) In case of default by the Ministry to keep the King’s Highway in repair, the Crown is liable for all damage sustained by any person by reason o…

34 (1) In this section, “agricultural product” means an agricultural product that is not edible, an agricultural food product or a food product that is processed on a farm in Ontario from an agricultural food product; (“produit agricole”) “centre point of an intersection” is the point where the centre line of the through part or parts of the King’s Highway meets the centre line of or the centre line of the prolongation of any other highway that intersects or meets the King’s Highway; (“point central d’une intersection”) “portable sign” means a sign or advertising device that is not permanently attached to the ground, a building or a structure or that is designed to be moved from place to place. (“panneau portatif”) R.S.O. 1990, c. P.50, s. 34 (1); 2008, c. 22, s. 1 (1). Interpretation, agricultural product (1.1) For the purposes of this section, an agricultural product that is processed …

35 (1) In this section, “intersection” means the part of the King’s Highway contained within the prolongation or connection of the boundary lines of a private road that crosses the King’s Highway. Private road, King’s Highway intersections in unorganized territory (2) The Lieutenant Governor in Council may make regulations designating provisions of the Highway Traffic Act or the regulations thereunder that shall not apply in intersections in territory without municipal organization. R.S.O. 1990, c. P.50, s. 35.

PART II CONTROLLED-ACCESS HIGHWAYS

36 (1) The Lieutenant Governor in Council may designate any, (a) highway; or (b) proposed highway,

as a controlled-access highway and every highway so designated shall be deemed to be part of the King’s Highway and the provisions of this Act and the regulations that apply to the King’s Highway apply with necessary modifications to such controlled-access highway. R.S.O. 1990, c. P.50, s. 36 (1). Previous controlled-access designation (2) Any part of the King’s Highway heretofore designated as a controlled-access highway under this Act or a predecessor thereof shall be deemed to have been designated in accordance with this section. R.S.O. 1990, c. P.50, s. 36 (2). Order in council to be registered (3) The order in council designating a highway or proposed highway as a controlled-access highway shall be registered in the proper land registry office and any such order in council heretofore registered shall be deemed to have been required to be so registered. R.S.O. 1990, c. P.50, s. 36 (3…

37 (1) In this section, “road” includes an unopened road allowance. R.S.O. 1990, c. P.50, s. 37 (1). Same (2) Subject to the approval of the Tribunal, the Minister may close any road, other than a highway that is under the jurisdiction and control of the Ministry, that intersects or runs into a controlled-access highway. R.S.O. 1990, c. P.50, s. 37 (2); 2017, c. 23, Sched. 5, s. 106. Application for approval (3) The Tribunal may direct that notice of an application for approval of the closing of a road under this section shall be given at such time, in such manner and to such persons, including municipalities and local boards, as defined in the Municipal Affairs Act, as the Tribunal determines, and may further direct that particulars of objections to the closing shall be filed with the Tribunal and the Minister within such time as the Tribunal directs. 2017, c. 23, Sched. 5, s. 108. Powe…

38 (1) In this section, “centre point of an intersection” is the point where the centre line of the through part or parts of a controlled-access highway meets the centre line of or the centre line of the prolongation of any other highway that intersects or meets the controlled-access highway; (“point central d’une intersection”) “portable sign” means a sign or advertising device that is not permanently attached to the ground, a building or a structure or that is designed to be moved from place to place. (“panneau portatif”) R.S.O. 1990, c. P.50, s. 38 (1). Roadside buildings, trees, signs, activities, etc. (2) Despite any general or special Act, regulation, by-law or other authority, no person shall, except under a permit therefor from the Minister, (a) place, erect or alter any building, fence, gasoline pump or other structure or any road, or perform any grading upon or within 45 metres…

39 The Minister and any municipality may enter into agreements for the establishment, construction and apportionment of the cost of roads within the municipality for the purpose of providing means of access to a controlled-access highway at a point where access is permitted. R.S.O. 1990, c. P.50, s. 39.

PART III SECONDARY HIGHWAYS

40 (1) The Lieutenant Governor in Council may designate any highway as a secondary highway and thereupon Part I and all the other provisions of this Act and the regulations that apply to the King’s Highway apply with necessary modifications to such secondary highway. R.S.O. 1990, c. P.50, s. 40. Designation not regulation (2) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (8). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (8) - 25/07/2007

PART IV TERTIARY ROADS

41 (1) The Lieutenant Governor in Council may designate an existing road that is in whole or in part in territory without municipal organization as a tertiary road, and thereupon the provisions of this Act and the regulations that apply to the King’s Highway, except sections 33 and 34, apply with necessary modifications to such tertiary road. R.S.O. 1990, c. P.50, s. 41 (1). maintenance (2) Subject to subsections (4) and (5), a tertiary road shall be maintained by the Ministry, but such maintenance does not include the clearing or removal of snow therefrom or the application of chemicals or abrasives to the icy surfaces thereof. R.S.O. 1990, c. P.50, s. 41 (2). liability for damages (3) No action shall be brought against the Crown for damages caused by the default of the Ministry in maintaining a tertiary road, and the Crown is not liable for any damage sustained by any person using a te…

PART V RESOURCE ROADS

42 (1) The Lieutenant Governor in Council may designate a tertiary road as a resource road. R.S.O. 1990, c. P.50, s. 42 (1). Load limits, etc., do not apply (2) Sections 80, 108, 109, 110, 111 and 114 of the Highway Traffic Act do not apply to a resource road or to vehicles operated upon a resource road, as the case may be. R.S.O. 1990, c. P.50, s. 42 (2). Designation not regulation (3) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (10). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 128 (10) - 25/07/2007

PART VI INDUSTRIAL ROADS

43 (1) The Minister may designate as an industrial road a private road that he or she considers necessary for the development or operation of the lumbering, pulp or mining industry but which in his or her opinion should also be used by the public for road purposes other than those of the industry. R.S.O. 1990, c. P.50, s. 43 (1). Maintenance (2) The Minister and the owner of an industrial road may enter into an agreement for the maintenance of the industrial road by the owner, and as long as the owner permits the public to use the industrial road the Minister may direct payment out of the money appropriated therefor by the Legislature of such proportion of the cost of maintenance as he or she considers requisite. R.S.O. 1990, c. P.50, s. 43 (2). Jurisdiction and control (3) Despite any other Act, an industrial road remains a private road under the jurisdiction and control of the owner, b…

44 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

45 Repealed: 1996, c. 1, Sched. M, s. 52. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 52 - 01/01/1996

46 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

47-53 Repealed: 1996, c. 1, Sched. M, s. 54. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 54 - 01/01/1996

54, 55 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

56 Repealed: 1996, c. 1, Sched. M, s. 54. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 54 - 01/01/1996

57 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

58-60 Repealed: 1996, c. 1, Sched. M, s. 56. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 56 - 01/01/1996

61-63 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

64 Repealed: 1996, c. 1, Sched. M, s. 56. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 56 - 01/01/1996 Part VIII (ss. 65-71) Repealed: 1996, c. 1, Sched. M, s. 56.

65-71 Repealed: 1996, c. 1, Sched. M, s. 56. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 56 - 01/01/1996

PART IX Federal and Reserve ROADS

72 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

73, 74 Repealed: 1996, c. 1, Sched. M, s. 58. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 58 - 01/01/1996

75 (1) The Minister may enter into agreements with the Government of Canada or the council of a band for the construction and maintenance of any road under the control of the Government of Canada or of any road on a reserve, and the Minister may direct payment to the Government of Canada or to the council of the band out of the money appropriated therefor by the Legislature. Interpretation (2) In subsection (1), “council of the band” and “reserve” have the same meanings as in the Indian Act (Canada). Same (3) Despite the definition of “road” in section 1, in subsection (1), “road” includes a road under the control of the Government of Canada and a road on a reserve, even if the road is not intended for or used by the general public. 1996, c. 1, Sched. M, s. 59. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 59 - 01/01/1996

76, 77 Repealed: 1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996 Part X (ss. 78-85) Repealed: 1996, c. 1, Sched. M, s. 60.

78-85 Repealed: 1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996 Part XI (ss. 86-88) Repealed: 1996, c. 1, Sched. M, s. 60.

86-88 Repealed: 1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996 Part XII (s. 89) Repealed: 1996, c. 1, Sched. M, s. 60.

89 Repealed: 1996, c. 1, Sched. M, s. 60. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 60 - 01/01/1996

PART XIII ROADS IN TERRITORY WITHOUT MUNICIPAL ORGANIZATION

90 (1) The Minister may arrange with, (a) the Government of Canada; (b) the local roads board elected under the Local Roads Boards Act; or (c) Repealed: 2019, c. 14, Sched. 14, s. 13 (2). (d) a person who is the owner of land,

for the construction or maintenance of a road in territory without municipal organization, and the Minister may direct payment out of money appropriated therefor by the Legislature of an amount equal to such proportion of the cost of the work as he or she considers requisite. R.S.O. 1990, c. P.50, s. 90 (1); 2019, c. 14, Sched. 14, s. 13 (2). Where incorporation desirable (2) Where the Minister considers it desirable that the inhabitants of any territory without municipal organization should become incorporated under the Municipal Act, 2001, the amount that may be paid out under this section in respect of a road in that territory shall not exceed 50 per cent of the value of the labour employed on the work. R.S.O. 1990, c. P.50, s. 90 (2); 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2019, c. 14, Sched. 14, s. 13 (2)…

91 Repealed: 2006, c. 19, Sched. T, s. 11. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 139 (6) - 01/04/1995 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 19, Sched. T, s. 11 - 22/06/2006; 2006, c. 21, Sched. F, s. 128 (12) - no effect - see 2006, c. 19, Sched. T, s. 11 - 22/06/2006

92 Repealed: 2006, c. 19, Sched. T, s. 11. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 61 - 01/01/1996 2006, c. 19, Sched. T, s. 11 - 22/06/2006

PART XV PUBLIC TRANSPORTATION

93 In this Part, “public transportation” means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or a local board as defined in the Municipal Affairs Act, or under an agreement between a municipality and a person, firm or corporation and includes special transportation facilities for the physically disabled, but does not include transportation by special purpose facilities such as school buses or ambulances. 2006, c. 19, Sched. T, s. 12. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 139 (7) - 31/12/1994; 1996, c. 1, Sched. M, s. 62 (1-3) - 01/01/1996 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 19, Sched. T, s. 12 - 22/06/2006

93.1 Repealed: 2006, c. 19, Sched. T, s. 12. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 139 (9) - 01/04/1995; 1996, c. 1, Sched. M, s. 63 (1-3) - 01/01/1996 2006, c. 19, Sched. T, s. 12 - 22/06/2006 Ministerial agreements

94 (1) The Minister and a municipality or a public utilities commission may enter into an agreement to provide, or to sell, lease or otherwise dispose of, all or any part of an experimental or demonstration project related to public transportation. Minister may enter into agreement with firm or corporation (2) The Minister may enter into an agreement with a firm or corporation, and any such agreement shall give prime consideration to Canadian content and Canadian technology, (a) to provide all or any part of an experimental or demonstration project related to public transportation; (b) to design, develop, construct, test and operate all or any part of a demonstration transit system related to public transportation; (c) to acquire, hold, exercise, develop, license, sell, lease or otherwise dispose of rights related to all or any part of a transit system related to public transportation. R…

95 (1) The Minister may appoint one or more persons as inspectors for the purposes of inspecting, auditing, examining, assessing and evaluating transit infrastructure assets held by or on behalf of the Toronto Transit Commission or the City of Toronto. 2019, c. 7, Sched. 54, s. 1. Powers of inspectors (2) An inspector conducting an inspection for the purposes referred to in subsection (1) may, without a warrant, (a) enter any premises of the City of Toronto or the Toronto Transit Commission; (b) enter any premises where any transit infrastructure asset is kept; (c) examine any transit infrastructure asset; (d) demand the production for inspection of a transit infrastructure asset; (e) remove for examination, testing, review or copying, a transit infrastructure asset; (f) observe any activities of an employee, officer or agent of the City of Toronto or Toronto Transit Commission; (g) ques…

PART XVI GENERAL

96 (1) Nothing referred to in subsection (2) constitutes, and is deemed never to have constituted, an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2025, c. 14, Sched. 11, s. 1. Same (2) Subsection (1) applies in respect of, (a) the exercise of the power conferred by section 6; (b) the making of a designation under subsection 7 (1), 36 (1) or 40 (1); (c) the authorization of a person under subsection 30 (8) and any subsequent authorized action of the person; (d) a prohibition or restriction of the activities described in subsection 34 (2), the making of a direction under subsection 34 (3), (6) or (8) and the authorization of a person under subsection 34 (9) or (11) and any subsequent authorized action of the person, in relation to the King’s Highway; (e) a prohibition or restriction of the activities described in subsection 38 (2), t…

97 Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003