Bill 9 2011

An Act to amend the Public Transportation and Highway Improvement Act

Note: This Act amends the Public Transportation and Highway Improvement Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  The Public Transportation and Highway Improvement Act is amended by adding the following section:

Construction of paved shoulders

Definitions

   26.0.1  (1)  In this section,

"King's highway" includes the secondary highways and tertiary roads designated under this Act; ("route principale")

"roadway" means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder. ("chaussée")

Application

   (2)  This section applies to every King's highway or any portion of a King's highway that is prescribed by the regulations.

Duty to construct

   (3)  If any portion of a highway does not have a paved shoulder, the Minister shall construct a paved shoulder on that portion of the highway at the time specified in subsection (4).

Timing

   (4)  For the purposes of subsection (3), the construction of a paved shoulder on a highway or any portion of the highway must occur when there is a significant undertaking to repave or resurface the highway or the portion of it.

Width of paved shoulder

   (5)  A paved shoulder must extend at least one metre from the roadway of the highway.

Exception

   (6)  The Minister is not required to construct a paved shoulder to any portion of a highway where to do so would be impracticable.

Warning sign

   (7)  The beginning of a paved shoulder on any portion of a highway must be marked with a ground mounted sign that warns vehicles to watch for pedestrians and cyclists and to be prepared to share the road with them.

Regulations

   (8)  The Minister may make regulations prescribing King's highways or portions of King's highways for the purposes of this section.

Same

   (9)  If no regulations have been made under subsection (8) within one year after that subsection comes into force, the Minister shall table a report in the Legislative Assembly that provides,

  (a)  reasons why such regulations have not been made; and

  (b)  a description of the progress that the Minister has made in identifying King's highways or portions of King's highways that will be the subject of such regulations.

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, 2011.

EXPLANATORY NOTE

The Bill amends the Public Transportation and Highway Improvement Act by requiring the Minister of Transportation to construct paved shoulders on prescribed highways.

The paved shoulders must extend at least one metre from the roadway of the highway.  The construction must occur when the highway or portion of it is significantly repaved or resurfaced.  The Minister is not required to construct a paved shoulder where doing so would be impracticable.  The beginning of a paved shoulder on a highway must be marked with a sign that warns vehicles to watch for and share the road with pedestrians and cyclists.

If the Minister has not prescribed highways within one year after this Bill comes into force, the Minister must table a report in the Legislative Assembly that provides reasons why such regulations have not been made and that describes the progress that has been made in identifying highways that will be prescribed.