Bill 137 2013

An Act to amend the Public Transportation and Highway Improvement Act and the Highway Traffic Act to construct paved shoulders and permit bicycles to ride on them

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

Public Transportation and Highway Improvement Act

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

Construction of paved shoulders

Application

   26.0.1  (1)  This section applies to the portions of the King's Highway prescribed by the regulations for the purposes of this section.

Duty to construct

   (2)  If a prescribed portion of the King's Highway does not have a paved shoulder, the Minister shall construct a paved shoulder on that portion when there is a significant undertaking to repave or resurface that portion.

Width of paved shoulder

   (3)  A paved shoulder must be at least one metre wide.

Exception

   (4)  The Minister is not required to construct a paved shoulder where it would be impracticable to do so.

Warning sign

   (5)  The beginning of a paved shoulder must be marked with a ground mounted sign that warns drivers to watch for pedestrians and cyclists and to be prepared to share the road with them.

Regulations

   (6)  The Minister may make regulations prescribing portions of the King's Highway for the purposes of this section.

Same

   (7)  If no regulations have been made under subsection (6) within one year after the day the Paved Shoulder Construction and Bicycling Act, 2013 receives Royal Assent, 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 the portions of the King's Highway to be prescribed by such regulations.

Highway Traffic Act

   2.  Section 151 of the Highway Traffic Act is amended by adding the following subsection:

Bicycle exception

   (5.1)  Despite subsection (5), a person may ride a bicycle on the paved shoulder of any part of the King's Highway, except as otherwise prohibited by law.

Commencement

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

Short title

   4.  The short title of this Act is the Paved Shoulder Construction and Bicycling Act, 2013.

EXPLANATORY NOTE

The Bill amends the Public Transportation and Highway Improvement Act to require the Minister of Transportation to construct paved shoulders on prescribed portions of the King's Highway.

The Minister is required to construct paved shoulders on prescribed portions of the King's Highway when there is a significant undertaking to repave or resurface that portion. However, the Minister is not required to construct a paved shoulder where doing so would be impracticable. These paved shoulders must be at least one metre wide and must be marked with a sign warning drivers to watch out for and share the road with pedestrians and cyclists.

If the Minister has not made any regulations prescribing portions of the King's Highway within one year after the day this Bill receives Royal Assent, 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 the portions that will be prescribed.

The Bill also amends the Highway Traffic Act to allow bicycles to be ridden on paved shoulders.