Road Safety Act, 1996 (No. 2)
EXPLANATORY NOTE
The Bill amends the Highway Traffic Act, the Bridges Act, the Capital Investment Plan Act, 1993 and the Local Roads Boards Act, as well as a number of municipal statutes as they relate to transportation matters.
PART I
AMENDMENTS TO THE HIGHWAY TRAFFIC ACT
The Bill amends the system of CVOR certificates and the requirements imposed on commercial motor vehicle operators as follows:
The definition of "operator" is amended to include a person who is directly or indirectly responsible for the operation of a commercial motor vehicle. (Subsection 1 (1) of the Bill -subsection 16 (1) of the Act)
The responsibility for issuing and refusing to issue CVOR certificates is transferred from the Minister of Transportation to the Registrar of Motor Vehicles. The Registrar is given additional powers in this function: he or she may refuse to issue a CVOR certificate if there is reason to believe that the applicant will not operate safely or in accordance with the law, having regard to the safety record of the applicant or of a person, partnership or corporation related to the applicant and other relevant information; the Registrar may also refuse to issue a CVOR certificate if a person, partnership or corporation related to the applicant has had a CVOR certificate suspended or cancelled or made subject to a restriction in numbers of vehicles or is appealing the suspension, cancellation or restriction of a CVOR certificate. An applicant may appeal to the Licence Suspension Appeal Board if refused the issuance of a CVOR certificate. The Registrar is also empowered to attach conditions to CVOR certificates on their issuance. (Subsection 1 (2), section 2, subsections 6 (1), (2), section 9 of the Bill -subsection 16 (1), section 17, clauses 22 (1) (d), (d.1), (e), section 50 of the Act)
The Bill specifies that CVOR certificates are not transferable. (Section 2 of the Bill - subsection 17 (7) of the Act)
The Bill establishes a safety rating system for operators of commercial motor vehicles. The Registrar will assign a safety rating to every operator in accordance with the regulations. Operators may ask the Registrar to review their proposed rating the first time the Registrar proposes to assign a rating and when the Registrar proposes to change their rating, but there is no appeal to court from the Registrar's decision. The ratings will be available to the public. (Section 3, subsection 6 (3) of the Bill - section 17.1, clause 22 (1) (i), subclause 205 (1) (c) (iii.1) of the Act)
Section 18 of the Act currently requires corporate CVOR certificate holders to notify the Ministry of changes in their name, address or composition. The Bill extends this obligation to all CVOR certificate holders. It also requires CVOR certificate holders to report to the Registrar any changes in their commercial motor vehicle fleet size or in the total distance travelled by the fleet in a specified period. Classes of certificate holders may be exempted from this requirement by regulation. (Section 4, subsection 6 (3) of the Bill - section 18, clause 22 (1) (g) of the Act)
Under current section 47 of the Act, the Registrar of Motor Vehicles may suspend or cancel the plate portion of a permit, a driver's licence or a CVOR certificate on the grounds of misconduct, conviction for certain transportation statute offences or other sufficient reasons. The Bill adds as another ground that the Registrar has reason to believe that the holder will not operate safely or in accordance with the law, having regard to the safety record of the holder or of a related person, partnership or corporation and other relevant information. The Bill also adds a requirement that the Registrar give notice of his or her intention to suspend or cancel the plate portion of a permit or a CVOR certificate or to impose a restriction on a CVOR certificate. A CVOR certificate holder or operator is not permitted to transfer a commercial motor vehicle without the Registrar's consent from the time the notice is received until a final determination is made on the matter by the Registrar or on appeal. Where the plate portion of a permit is suspended or cancelled under this section, the Bill gives the Registrar the power to seize the plate portion of the permit and the permit holder's number plates. (Sections 7, 8 of the Bill - sections 47, 47.1 of the Act)
An offence is created for contravening or failing to comply with a term or condition of a CVOR certificate. (Section 5 of the Bill - subsection 21 (3) of the Act)
Regulations may be made to provide for reciprocal recognition of safety ratings and safety records with territories, other provinces and American states. (Subsection 6 (3) of the Bill -clause 22 (1) (j) of the Act)
The current Act provides that the Lieutenant Governor in Council may make regulations prescribing fees for the replacement of CVOR certificates. This power is repealed; the Registrar is given the power to set fees for the issuance, renewal and replacement of CVOR certificates, subject to the Minister's approval. (Subsections 6 (3), (4) of the Bill - subsection 22 (2) of the Act)
A new section is added that provides that offences committed in or on a commercial motor vehicle may be prosecuted in any county or district through which the vehicle passed. (Section 17 of the Bill - section 227 of the Act)
The following amendments are unrelated to CVOR certificates:
The current Act requires Ministry approval for by-laws that affect traffic and for the erection of traffic control signals. Under the Bill, approval will only be required when highways that are designated as connecting links are affected and the approval for traffic control signals is to be given by a person designated by the responsible road authority rather than the Ministry. (Sections 13, 14, 15 of the Bill - sections 123, 144, 195 of the Act)
The current Act provides that a driver's licence suspension does not apply while the suspension is appealed. The Bill clarifies that the suspension is stayed by an appeal. (Section 10 of the Bill - section 55 of the Act)
The provisions in the Act dealing with radar warning devices are amended to refer to any kind of speed measuring equipment and warning devices. (Section 12 of the Bill - section 79 of the Act)
The provisions respecting the use of flashing blue lights by snow removal equipment are amended to use the term "road service vehicle"; this is to reflect a previous amendment to the Act that added that term to the definitions in section 1. (Section 11 of the Bill - section 62 of the Act)
PART II
AMENDMENTS TO OTHER ACTS
Bridges Act
Under the current Act, the approval of the Lieutenant Governor in Council is required for construction or repair of a bridge over water that costs more than $2,000. The Bill amends the Act so that the approval for bridge construction or repair is to be obtained from the Minister of Transportation and only by persons other than a municipality or road authority. Municipalities and road authorities will still require the Minister's approval forbridges or structures that form part of a highway designated as a connecting link. The Minister is protected from liability arising from the granting of an approval. (Sections 18, 20 of the Bill)
The current Act authorizes the Lieutenant Governor in Council to make regulations. The Bill transfers this authority to the Minister of Transportation. (Section 19 of the Bill)
Capital Investment Plan Act, 1993
The Bill amends the provisions dealing with toll devices to allow for enforcement of the Act where toll devices are registered to a person rather than to a vehicle permit. (Section 21 of the Bill)
Local Roads Boards Act
Local roads boards are given the power to enter into contracts for the performance of local road work. (Section 29 of the Bill)
County of Oxford Act, District Municipality of Muskoka Act, Municipality of Metropolitan Toronto Act, Regional Municipalities Act
The amendments to these Acts are of a housekeeping nature; they are in response to previous amendments to the Public Transportation and Highway Improvement Act. (Sections 22 to 28, 30 to 35 of the Bill)
Bill 921996
An Act to promote road safety by implementing
a safety rating system for commercial carriers
and other measures to encourage compliance
with and improve enforcement of
Ontario's road safety laws and to
amend various Acts administered by or affecting
the Ministry of Transportation
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
AMENDMENTS TO THE HIGHWAY TRAFFIC ACT
1. (1) The definition of "operator" in subsection 16 (1) of the Highway Traffic Act is amended by inserting "directly or indirectly" after "person" in the first line.
(2) Subsection 16 (1) of the Act is amended by adding the following definition:
"safety record" means the safety record of an operator determined in accordance with the regulations. ("fiche de sécurité")
2. Section 17 of the Act is repealed and the following substituted:
CVOR certificates issued by Registrar
17. (1) The Registrar shall issue a CVOR certificate to every person who applies therefor in the prescribed form and meets the requirements of this Act and the regulations.
Refusal to issue
(2) The Registrar may refuse to issue a CVOR certificate to an applicant if the Registrar has reason to believe, having regard to the applicant's safety record and any other information that the Registrar considers relevant, that the applicant will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety.
Same
(3) The Registrar may refuse to issue a CVOR certificate to an applicant if the applicant is related to,
(a) a person whose CVOR certificate has been cancelled, is or has been under suspension or is or has been subject to a fleet limitation;
(b) a person whose CVOR certificate suspension, cancellation or fleet limitation is under appeal; or
(c) a person who the Registrar has reason to believe, having regard to the person's safety record and any other information that the Registrar considers relevant, will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety.
Interpretation
(4) An applicant is related to a person for the purpose of subsection (3) if,
(a) the applicant and the person are related individuals;
(b) either the applicant or the person is a partner of the other or was a partner of the other or they have or have had partners in common;
(c) either the applicant or the person, directly or indirectly, controls or controlled or manages or managed the other; or
(d) the applicant and the person have or have had common officers or directors or they are or have been controlled, directly or indirectly, by the same shareholders.
Conditions
(5) The Registrar may issue a CVOR certificate subject to any terms and conditions set out in the regulations that the Registrar considers appropriate.
One certificate only
(6) No person, alone or in partnership, is entitled to hold more than one CVOR certificate.
Not transferable
(7) A CVOR certificate is not transferable.
3. The Act is amended by adding the following section:
Safety ratings
17.1 (1) The Registrar shall assign a safety rating to every operator in accordance with the regulations.
Notice of rating to operator
(2) Where the Registrar proposes to assign a safety rating to an operator for the first time or to change an operator's safety rating, he or she shall notify the operator of the proposedrating by regular mail sent to the operator's latest address appearing on the records of the Ministry.
Same
(3) A notice under subsection (2) shall be deemed to have been received on the fifth day after it was mailed unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice.
Operator may dispute first or changed rating
(4) An operator may, within 30 days after being notified under subsection (2), submit to the Registrar documents, records and written submissions that may show cause why the Registrar should not assign the proposed safety rating to the operator.
Registrar to confirm or change safety rating
(5) Upon the expiration of the 30-day period referred to in subsection (4) and consideration of any documents, records and submissions submitted under that subsection, the Registrar shall assign to the operator the proposed safety rating or a different rating.
Written hearing
(6) Despite the Statutory Powers Procedure Act, the Registrar shall consider the matter under subsection (5) by means of a written hearing unless the Registrar agrees to an oral or electronic hearing.
Parties, privacy
(7) The Registrar and the operator whose safety rating is under dispute are the only parties to the hearing and, unless they otherwise agree, the hearing shall be closed to the public.
No appeal
(8) The safety rating assigned by the Registrar is final and binding and there is no appeal therefrom.
Available to the public
(9) The Registrar shall make the safety ratings of operators available to the public in the manner that the Registrar considers appropriate.
Protection from personal liability
(10) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section.
Crown not relieved of liability
(11) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (10) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (10) to which it would otherwise be subject.
4. Section 18 of the Act is repealed and the following substituted:
Holder to report changes
18. (1) Every holder of a CVOR certificate shall notify the Registrar in writing within 15 days after any change in the holder's name or address or, where applicable, the persons constituting the officers, directors or partners of the holder, of the change made.
Same
(2) Every holder of a CVOR certificate shall notify the Registrar of any change in the holder's commercial motor vehicle fleet size or in the total distance travelled by the commercial motor vehicle fleet in a specified period, in accordance with the regulations.
5. Section 21 of the Act is amended by adding the following subsection:
Same
(3) Every person who contravenes or fails to comply with a term or condition of a CVOR certificate issued to the person is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.
6. (1) Clauses 22 (b), (d) and (e) of the Act are repealed and the following substituted:
(d) prescribing the requirements to obtain and to hold CVOR certificates and authorizing the Registrar to waive any requirements that are specified in the regulations under the circumstances prescribed therein;
(d.1) prescribing terms and conditions that may attach to CVOR certificates, including the imposition of an expiry date on a certificate;
(e) governing the suspension or cancellation of CVOR certificates under subsection 47 (1) or the imposition of a limitation on the fleet size operated under a CVOR certificate under subsection 47 (2).
(2) Clause 22 (f) of the Act is amended by inserting "or renewal" after "issuance" in the third line.
(3) Clause 22 (g) of the Act is repealed and the following substituted:
(g) defining "fleet size" for the purpose of subsection 18 (2), and exempting any class or classes of CVOR certificate holders from all or part of the requirements of subsection 18 (2);
(h) prescribing the method for determining an operator's safety record;
(i) prescribing the method for assigning safety ratings to operators;
(j) providing for the reciprocal recognition of safety ratings, safety records and similar records of territories, other provinces and states of the United States of America.
(4) Section 22 of the Act is amended by adding the following subsection:
Fees
(2) The Registrar may set fees, subject to the approval of the Minister, for the issuance, renewal and replacement of CVOR certificates.
(5) Despite the repeal of clause 22 (b), any regulation made under that clause remains in force until it is revoked by the Lieutenant Governor in Council.
7. (1) Subsection 47 (1) of the Act is amended by adding "Subject to section 47.1," at the beginning.
(2) Subsection 47 (1) of the Act is further amended by striking out "or" at the end of clause (e) and by repealing clause (f) and substituting the following:
(f) the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or
(g) any other sufficient reason not referred to in clause (d), (e) or (f).
(3) Subsection 47 (2) of the Act is amended by inserting "subject to section 47.1" after "may" in the third line.
(4) Section 47 of the Act is amended by adding the following subsection:
Interpretation
(2.1) Subsection 17 (4) applies, with necessary modifications, for the purpose of determining who are related persons under clause (1) (f).
(5) The English version of subsection 47 (5) of the Act is amended by striking out "his or her" in the fourth line and substituting "their" and by striking out "him or her" in the seventh line and substituting "them".
(6) The English version of subsection 47 (7) of the Act is amended by striking out "to him or her" in the third line and substituting "to themself".
(7) The English version of clause 47 (8) (b) of the Act is amended by striking out "his or her" in the third line and substituting "their".
(8) Section 47 of the Act is amended by adding the following subsection:
Power to seize number plates
(8.1) If the plate portion of a permit is suspended or cancelled under clause (1) (a), the Registrar may order that the plate portion of the permit or the number plates issued in connection with the plate portion of the permit be seized and any police officer or officer appointed for carrying out this Act may seize the plate portion of the permit and the number plates and deliver them to the Ministry.
(9) Subsection 47 (9) of the Act is repealed and the following substituted:
Definitions
(9) For the purposes of this section,
"commercial motor vehicle", "operator" and "safety record" have the same meanings as in subsection 16 (1). ("véhicule utilitaire", "utilisateur", "fiche de sécurité")
8. The Act is amended by adding the following section:
Notice of proposed action
47.1 (1) Before taking any action under clause 47 (1) (a) or (c) or subsection 47 (2), the Registrar shall notify the person whose plate portion of a permit or CVOR certificate is to be affected of his or her proposed action.
Method of giving notice
(2) Notice under subsection (1) is sufficiently given,
(a) if it is delivered personally;
(b) if it is delivered by registered mail addressed to the person at the latest address for the person appearing on the Ministry records; or
(c) if it is sent by telephone transmission of a facsimile or by some other electronic or other transmission medium permitted by the regulations to the person at the latest facsimile number or other medium address for the person provided by the person to the Ministry.
Same
(3) Unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive the notice,
(a) notice given by registered mail shall be deemed to have been received on the fifth day after it was mailed;
(b) notice given by telephone transmission of a facsimile or by some other electronic or other transmission medium shall be deemed to have been received on the first business day after it was sent.
CVOR certificate holder may not transfer vehicles
(4) A CVOR certificate holder shall not transfer any commercial motor vehicle for which a permit has been issued in Ontario in the holder's name without the consent of the Registrar from the time the holder receives a notification under subsection (1) that the Registrar proposes to suspend or cancel their plate portion of the permit or CVOR certificate or to limit the number of commercial motor vehicles that may be operated under their CVOR certificate until the suspension, cancellation or fleet limitation takes effect, is withdrawn or is finally confirmed, modified or set aside on appeal.
Operator may not transfer vehicles
(5) An operator shall not transfer any commercial motor vehicle for which a permit has been issued in Ontario in the operator's name without the consent of the Registrar from the time the operator receives a notification under subsection (1) that the Registrar proposes to suspend or cancel the plate portion of the permit until the suspension or cancellation takes effect, is withdrawn or is finally confirmed, modified or set aside on appeal.
Registrar not to withhold consent without reason
(6) The Registrar shall not withhold consent under subsection (4) or (5) if the certificate holder or operator satisfies him or her that the transfer is not being made for the purpose of avoiding the proposed suspension, cancellation or restriction.
Regulations
(7) The Lieutenant Governor in Council may, for the purpose of subsection (3), make regulations,
(a) prescribing other methods of transmission;
(b) governing the giving of notice by telephone transmission of a facsimile or by a method prescribed by clause (a).
9. Subsection 50 (1) of the Act is amended by inserting "subsection 17 (2) or (3) or" after "under" in the second line.
10. Section 55 of the Act is amended by striking out "does not apply" in the fourth line and substituting "is stayed".
11. Subsections 62 (31) and (32) of the Act are repealed and the following substituted:
Flashing blue light on snow-removal equipment
(31) No person shall, while operating a road service vehicle on a highway, plow, salt or de-ice the highway or apply chemicals or abrasives to the highway for snow or ice control unless the road service vehicle is equipped with a lamp producing intermittent flashes of blue light visible for a distance of 150 metres from all directions.
Restriction on use of flashing blue light
(32) No person shall operate a lamp that produces intermittent flashes of blue light on a highway except in the circumstances described in subsection (31).
12. Subsections 79 (1), (2), (3), (6) and (7) of the Act are repealed and the following substituted:
Definition
(1) In this section,
"speed measuring warning device" means any device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment.
Speed measuring warning device prohibited
(2) No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a speed measuring warning device.
Powers of police officer
(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle.
. . . . .
Exception
(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee.
Sale of speed measuring warning devices prohibited
(7) No person shall sell, offer or advertise for sale a speed measuring warning device by retail.
13. (1) Subsection 123 (2) of the Act is amended by striking out "approved by the Ministry" in the third line.
(2) Section 123 of the Act is amended by adding the following subsections:
Same, on connecting links
(3) Despite subsection (2), where the bridge forms part of a highway designated as a connecting link under subsection 21 (1) of the Public Transportation and Highway Improvement Act, the by-law shall not become operative until it is approved by the Ministry.
Regulations
(4) The Minister may make regulations establishing standards to determine allowable gross vehicle weight for any vehicle or class of vehicle for the purpose of subsection (2).
14. Subsection 144 (31) of the Act is repealed and the following substituted:
Erection of traffic control signals and signal systems
(31) Subject to subsection (31.1), no traffic control signal system or traffic control signal used in conjunction with a traffic control signal system shall be erected or installed except in accordance with an approval obtained from a person designated to give such approvals by the municipality or otherauthority that has jurisdiction over the highway or the intersection.
Same, on connecting links
(31.1) No traffic control signal system or traffic control signal used in conjunction with a traffic control signal system shall be erected or installed on a highway designated as a connecting link under subsection 21 (1) of the Public Transportation and Highway Improvement Act except in accordance with an approval obtained from the Minister or an official of the Ministry authorized by the Minister to grant such approval.
15. (1) Subsection 195 (1) of the Act is amended by striking out "and the by-law would have required the approval of the Minister or of the Ministry prior to the 6th day of February, 1975" in the thirteenth, fourteenth and fifteenth lines.
(2) Subsections 195 (2) and (3) of the Act are repealed and the following substituted:
Approval of traffic by-laws for connecting links
(3) If the council of a municipality passes a by-law for a purpose mentioned in clause (1) (a) or (c) that affects traffic on a highway designated as a connecting link under subsection 21 (1) of the Public Transportation and Highway Improvement Act, the clerk of the municipality shall file a copy of the by-law with the Ministry within 30 days of its passing, and the by-law shall not become operative until it is approved by the Ministry.
16. Clause 205 (1) (c) of the Act is amended by adding the following subclause:
(iii.1) a record of all safety records for operators determined under clause 22 (1) (h) and a record of all safety ratings assigned to operators under section 17.1.
17. The Act is amended by adding the following section:
Where proceeding for offence may be heard
227. (1) Despite section 29 of the Provincial Offences Act, where an offence is committed under this Act, the Compulsory Automobile Insurance Act, the Dangerous Goods Transportation Act, the Fuel Tax Act, the Public Vehicles Act or the Truck Transportation Act in or on a commercial motor vehicle, as defined in subsection 16 (1) of this Act, that is employed in a journey, the offence shall be deemed to have been committed in any county or district through which the vehicle passed in the course of the journey on which the offence was committed.
Same
(2) For the purpose of subsection (1), where the centre or other part of the road on which the vehicle passed in the course of the journey is the boundary of two or more counties or districts, the offence shall be deemed to have been committed in any of the counties or districts.
PART II
AMENDMENTS TO OTHER ACTS
Bridges Act
18. Section 2 of the Bridges Act is repealed and the following substituted:
Approval of Minister
2. (1) No person, except a municipal corporation or other authority having jurisdiction over highways, shall build, place, construct, rebuild, replace or alter a bridge or other structure over or across any river or stream or part thereof, except with the approval of the Minister of Transportation.
Same
(2) A municipality or other authority having jurisdiction over highways shall not build, place, construct, rebuild, replace or alter any bridge or other structure that forms, or will upon completion form, part of a highway that has been designated as a connecting link under subsection 21 (1) of the Public Transportation and Highway Improvement Act, except with the approval of the Minister of Transportation.
Conditions of approval
(3) The Minister of Transportation may give his or her approval under subsection (1) upon receiving,
(a) proof that the plan of the proposed bridge or structure or alterations and a surveyor's description of the site or proposed site have been deposited in the proper land registry office;
(b) proof that notice of the application has been published for three successive weeks in The Ontario Gazette and in two newspapers having a general circulation in the locality where the site or proposed site of the bridge or structure is located; and
(c) such other information or documentation as the Minister may require.
Same
(4) The Minister of Transportation may give his or her approval under subsection (2) upon receiving such information or documentation as he or she may require.
19. Section 3 of the Act is amended by striking out "The Lieutenant Governor in Council" at the beginning and substituting "The Minister of Transportation".
20. The Act is amended by adding the following section:
Protection from liability
4. No action or other proceeding for damages shall be instituted against the Crown or an employee of the Ministry of Transportation for loss or damages arising from a defect in the building, placing, constructing, rebuilding, replacing or altering of a bridge or other structure which is approved under this Act.
Capital Investment Plan Act, 1993
21. The definitions of "holder", "permit" and "validate" in section 38 of the Capital Investment Plan Act, 1993, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule E, section 1, are repealed and the following substituted:
"holder" has the same meaning as in section 6 of the Highway Traffic Act, except where the toll device is not registered to a permit, in which case "holder" means the person to whom the toll device is registered; ("titulaire")
"permit" and "validate" have the same meanings as in section 6 of the Highway Traffic Act. ("certificat d'immatriculation", "valider")
County of Oxford Act
22. Subsection 29 (10) of the County of Oxford Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 140, is repealed.
23. Sections 31 and 32 of the Act are repealed.
24. Section 51 of the Act is amended by striking out "Subsection 46 (1)" at the beginning and substituting "Section 46".
25. Section 52 of the Act is amended by striking out "Sections 100, 102, 104, 107 and 110" at the beginning and substituting "Sections 102, 104 and 107".
District Municipality of Muskoka Act
26. Subsection 29 (9) of the District Municipality of Muskoka Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 141, is repealed.
27. Sections 31 and 32 and subsection 34 (5) of the Act are repealed.
28. Section 51 of the Act is amended by striking out "Sections 101, 103, 105, 108 and 111" at the beginning and substituting "Sections 101 and 111".
Local Roads Boards Act
29. (1) Subsection 10 (2) of the Local Roads Boards Act is repealed and the following substituted:
Roadwork
(2) The board may, within the limit of the money available to pay for such work and subject to the approval of the Minister, determine the work to be performed on local roads in the local roads area and enter into contracts for the performance of such work.
(2) The Act is amended by adding the following section:
Liability under contracts
10.1 (1) The board may enter into contracts under subsection 10 (2) in its own name and may sue and be sued with respect to such contracts in its own name, but the trustees of the board are not personally liable for the board's contracts.
Insurance
(2) The board may purchase and maintain insurance against its liability under a contract entered into under subsection 10 (2).
Municipality of Metropolitan Toronto Act
30. (1) Subsection 75 (2) of the Municipality of Metropolitan Toronto Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 142, is further amended by striking out "Subject to the approval of the Minister" at the beginning.
(2) Subsection 75 (5) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 142, is further amended by striking out "Subject to the approval of the Minister" at the beginning.
31. Sections 76 and 77 and subsection 80 (5) of the Act are repealed.
32. Section 99 of the Act is amended by striking out "Sections 100, 102, 103, 104, 107 and 110" at the beginning and substituting "Sections 102, 104 and 107".
Regional Municipalities Act
33. Subsection 23 (10) of the Regional Municipalities Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 143, is repealed.
34. Sections 25 and 26 and subsections 27 (2) and (3), 28 (5) and 31 (2) of the Act are repealed.
35. (1) Subsection 45 (1) of the Act is amended by striking out "Sections 100, 102, 104, 107 and 110" at the beginning and substituting "Sections 102, 104 and 107".
(2) Subsection 45 (2) of the Act is repealed.
PART III
COMMENCEMENT AND SHORT TITLE
Commencement
36. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
37. The short title of this Act is the Road Safety Act, 1996 (No. 2).