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Public Transportation and

Highway Improvement Amendment Act, 1995

EXPLANATORY NOTE

The Bill amends the Public Transportation and Highway Improvement Act to require that the Ministry of Transportation continue to clear snow and ice from roads in the manner specified in the Bill.

Bill1995

An Act to amend the Public

Transportation and Highway Improvement Act

with respect to the removal of snow and ice from roads

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 33 of the Public Transportation and Highway Improvement Act is amended by adding the following subsections:

Definitions

(1.1) In subsections (1.2) to (1.5),

"Class I road" means a part of the King's Highway over which,

(a) the winter average daily traffic is more than 2,000 vehicles, if the part is situate in Southern Ontario, or

(b) the winter average daily traffic is more than 1,500 vehicles, if the part is situate in Northern Ontario; ("route de catégorie I")

"Class II road" means a part of the King's Highway over which,

(a) the winter average daily traffic is at least 1,000 vehicles but fewer than 2,000, if the part is situate in Southern Ontario, or

(b) the winter average daily traffic is at least 800 vehicles but fewer than 1,500, if the part is situate in Northern Ontario; ("route de catégorie II")

"Class III road" means a part of the King's Highway over which,

(a) the winter average daily traffic is at least 500 vehicles but fewer than 1,000, if the part is situate in Southern Ontario, or

(b) the winter average daily traffic is at least 400 vehicles but fewer than 800, if the part is situate in Northern Ontario; ("route de catégorie III")

"Class IV road" means a part of the King's Highway over which,

(a) the winter average daily traffic is fewer than 500 vehicles, if the part is situate in Southern Ontario, or

(b) the winter average daily traffic is fewer than 400 vehicles, if the part is situate in Northern Ontario; ("route de catégorie IV")

"Northern Ontario" means the part of Ontario that consists of the Regional Municipality of Sudbury and the Territorial Districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming; ("nord de l'Ontario")

"Southern Ontario" means the part of Ontario that is not included in Northern Ontario; ("sud de l'Ontario")

"travelled portion" means the portion of a road that is intended for or used by the public for the passage of vehicles; ("partie carrossable")

"winter average daily traffic" means the average number of vehicles passing daily over a road during the period in a year from January 1 to March 31 and from December 1 to December 31. ("moyenne journalière de la circulation en hiver")

Snow and ice removal

(1.2) As part of its obligation to maintain the King's Highway, the Ministry shall ensure that ice does not form on the travelled portion of it and shall ensure that snow is cleared from the travelled portion of it in accordance with subsections (1.3) to (1.5).

Standards for snow removal

(1.3) The snow remaining on the travelled portion of a part of the King's Highway shown in Column 1 of the Table shall not exceed the depth in centimetres shown opposite it in Column 2 at any time more than 24 hours after snow stops falling on it.

Table

Column 1

Column 2

Part of the King's Highway

Depth of Remaining Snow

Class I road

2.5 cm.

Class II road

4.0 cm.

Same, Class III road

(1.4) Snow shall be cleared from the travelled portion of a Class III road so that,

(a) the snow remaining on the centre 2.5 metres of the travelled portion of the road does not exceed 5.0 centimetres in depth at any time more than 24 hours after snow stops falling on the travelled portion; and

(b) the snow remaining on the rest of the travelled portion of the road does not exceed 5.0 centimetres in depth at any time after it is feasible to clear snow from it.

Same, Class IV road

(1.5) Snow shall be cleared from the travelled portion of a Class IV road so that, at any time more than 24 hours after snow stops falling on it,

(a) the surface of the travelled portion of the road consists of packed snow, not ice, and is able to support the passage of vehicles; or

(b) the snow remaining on the surface described in clause (a) does not exceed 7.0 centimetres in depth.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Public Transportation and Highway Improvement Amendment Act, 1995.