2017-077 Roadway Minimum Maintenance Standards By-Law And to Repeal By-Law No. 99-47The Corporation of the Township of Oro-Medonte
By-law No. 2017-077
A By-law to Establish Minimum Maintenance Standards for Municipal Roadways
within the Corporation of the Township of Oro-Medonte
(Roadway Minimum Maintenance Standards By-law)
And to Repeal By -Law No. 99-47
Whereas Section 261 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that all allowances for roads made by the Crown surveyors, all highways laid
out or established under the authority of any statue, all roads on which public money
has been spent for opening them or on which statute labour has been usually
performed, all roads passing through Indian lands, all roads dedicated by the owner of
the land to public use, and all alterations and deviations of and all bridges over any such
allowance for road, highway or road, are common and public highways;
And Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this and any other Act;
And Whereas Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
states that municipalities shall keep all highways and bridges in a reasonable state of
repair;
And Whereas Section 44 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides for the Minister of Transportation to make regulations establishing minimum
standards of repair for highways and bridges or any class of them;
And Whereas Ontario Regulation 239/02, as amended, establishes minimum
maintenance standards for municipal highways;
And Whereas Council of the Township of Oro-Medonte deem it appropriate to establish
minimum maintenance standards being Ontario Regulation 239/02, as amended, for the
Township of Oro-Medonte road system;
And Whereas Council enacted By-law No. 99-47, A By-law to Adopt Roadway Service
Standards on the 5th day of May, 1999;
And Whereas Council of The Corporation of the Township of Oro-Medonte deems it
desirable to repeal By-law 99-47 Roadway Service Standards;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
Section 1 — Definitions
1. Director means the Senior Manager responsible for Township roads or his
authorized designate.
2. Winter Maintenance Period means the period from November 15 to April 15
inclusive.
3. Winter Road Maintenance means maintenance activities associated with
maintaining a roadway in a condition that permits passage by motor vehicles
during the winter maintenance period including activities such as snowplowing
and ice control.
Section 2 — General
1. That any policy, procedure or action taken by the Corporation of the Township of
Oro-Medonte that achieves a higher level of care than the Minimum Maintenance
Standards shall not be considered to have imposed a higher obligation on
the Corporation than the Minimum Maintenance Standards set out in
Ontario Regulation 239/02, as amended.
2. That where situations arise which fall outside of the scope of these standards, the
Director shall respond as he may deem to be appropriate with respect to
budgetary constraint and reasonable practice.
3. That the minimum maintenance standards as set out under Ontario Regulation
239/02, as amended, be adopted by the Township of Oro-Medonte for its
municipal road system.
3. That By-law 99-47 is hereby repealed in its entirety.
4. That this By-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 24th day of May, 2017.
The Corppragion of the Township of Oro-Medonte
Deputy*Mayor, Ralp gugh
Clerl, I Uoudihs Irwin