Road Access Act

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Sections16

• 1Definitions

  1 In this Act, “access road” means a road located on land not owned by a municipality and not dedicated and accepted as, or otherwise deemed at law to be, a public highway, that serves as a motor vehicle access route to one or more parcels of land; (“chemin d’accès”) “common road” means an access road on which public money has been expended for its repair or maintenance; (“chemin public”) “judge” means a judge of the Superior Court of Justice; (“juge”) “maintain” includes the leaving of a barrier or other obstacle on an access road or common road; (“maintenir”) “motor vehicle” means a motor vehicle as defined in the Highway Traffic Act; (“véhicule automobile”) “road” means land used or intended for use for the passage of motor vehicles. (“chemin”) R.S.O. 1990, c. R.34, s. 1; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 2…

• 1.
• 2When access road may be closed

  2 (1) No person shall construct, place or maintain a barrier or other obstacle over an access road, not being a common road, that, as a result, prevents all road access to one or more parcels of land or to boat docking facilities therefor, not owned by that person unless, (a) the person has made application to a judge for an order closing the road and has given ninety days notice of such application to the parties and in the manner directed by this Act and the judge has granted the application to close the road; (b) the closure is made in accordance with an agreement in writing with the owners of the land affected thereby; (c) the closure is of a temporary nature for the purposes of repair or maintenance of the road; or (d) the closure is made for a single period of no greater than twenty-four hours in a year for the purpose of preventing the acquisition of prescriptive rights. R.S.O. 19…

• 2.
• 3Conditions for closing order

  3 (1) The judge may grant the closing order upon being satisfied that, (a) the closure of the road is reasonably necessary to prevent substantial damage or injury to the interests of the applicant or for some other purpose in the public interest; (b) in the case of an access road that is not a common road, persons described in subsection 2 (3) do not have a legal right to use the road; or (c) in the case of a common road, the persons who use the road do not have a legal right to do so. 2001, c. 25, s. 483. Conditions (2) The judge may impose such conditions on a closing order as he or she considers reasonable and just in the circumstances. 2001, c. 25, s. 483. Section Amendments with date in force (d/m/y) 2001, c. 25, s. 483 - 01/01/2003

• 3.
• 4Interim closing order

  4 (1) Where notice as required under section 2 is not given, a judge may grant upon application made without notice an interim closing order if he or she is satisfied that the delay required to give notice would likely result in serious damage or injury to the interests of the applicant. R.S.O. 1990, c. R.34, s. 4 (1). Terms and conditions (2) A judge may make an interim closing order on such terms and conditions and for such duration as the judge considers proper in the circumstances. R.S.O. 1990, c. R.34, s. 4 (2). Setting aside order (3) A person entitled to notice at the time an interim closing is made may apply to a judge to have the order set aside and the judge may so order where he or she considers it proper in the circumstances. R.S.O. 1990, c. R.34, s. 4 (3).

• 4.
• 5Appeal

  5 An appeal, lies from an order of the judge under section 2 or 4 to the Divisional Court. R.S.O. 1990, c. R.34, s. 5.

• 5.
• 6Saving

  6 (1) Nothing in this Act shall be construed to confer any right in respect of the ownership of land where the right does not otherwise exist at law and nothing in this Act shall affect any alternative remedy at law available to any applicant or other person. R.S.O. 1990, c. R.34, s. 6 (1). Order of closure or dismissal of application not determination of status of road (2) The granting of a closing order or the dismissal of an application for a closing order under this Act shall not be construed as a determination that the road is or is not a public highway. R.S.O. 1990, c. R.34, s. 6 (2).

• 6.
• 7Offence

  7 (1) Every person who knowingly contravenes subsection 2 (1) or (2) is guilty of an offence. R.S.O. 1990, c. R.34, s. 7 (1). Order to remove barrier (2) Where a person is convicted of an offence under this Act, the court may order the person to remove the barrier or other obstacle. R.S.O. 1990, c. R.34, s. 7 (2).

• 7.
• 8Temporary closing of forest roads

  8 Nothing in this Act prevents the temporary closing of a public forest road or a private forest road within the meaning of the Public Lands Act where, in the opinion of the district manager, an emergency exists. R.S.O. 1990, c. R.34, s. 8. ______________

• 8.