Bill 90 2016

An Act to amend the Highway Traffic Act in respect of school safety zones

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

   1.  (1)  Subsection 128 (5) of the Highway Traffic Act is repealed and the following substituted:

School safety zones

   (5)  The council of a municipality may by by-law,

  (a)  establish a different distance for the purpose of the definition of "school safety zone" under subsection (16);

  (b)  prescribe a rate of speed for motor vehicles driven on highways in a school safety zone on days on which school is regularly held that is lower than the rate of speed otherwise prescribed under subsection (1) or (2); and

   (c)  prescribe the time or times at which the speed limit is effective.

Same, signage and roadway markings

   (5.1)  Every school safety zone shall be marked by signage and roadway markings that meet the following requirements and the requirements provided by the regulations:

locations

    1.  There shall be signage and roadway markings at each entrance to the school safety zone along a highway, at each intersection within the school safety zone and at each pedestrian crossover within the school safety zone.

flashing lights

    2.  The signage at each location set out in paragraph 1 shall include flashing amber signals that shall be actuated for periods of time around the start of the school day and the end of the school day, and during any other hours required by regulation or by by-law under subsection (5).

Same, speed feedback signs

   (5.2)  The school safety zone signage may include signs that detect and display the speed at which a vehicle is approaching the sign, whether or not the regulations require those signs to be used.

Same, regulations

   (5.3)  Following consultation with the school boards responsible for schools that would be affected, the Lieutenant Governor in Council may make regulations,

  (a)  governing anything that is required or permitted to be done by or in accordance with the regulations under subsection (5.1) or (5.2);

  (b)  exempting a portion of highway from the definition of "school safety zone";

   (c)  exempting a school safety zone from the requirements under subsection (5.1).

Same, regulations for uniform signage and roadway markings

   (5.4)  The regulations under clause (5.3) (a) shall provide for signage and roadway markings that are as uniform as possible across Ontario.

Same, conflict between regulations and by-laws

   (5.5)  Where there is a conflict between a regulation made under subsection (5.3) and a by-law of a municipal council concerning school safety zones, the regulation prevails.

   (2)  Subsection 128 (16) of the Act is amended by adding the following definition:

"school safety zone" means,

  (a)  the portions of highways that adjoin land used for the purposes of a school, including the portions of the highway adjoining the entrance to or exit from a school, and

  (b)  the portions along the highways beyond the limits of the land used for the purposes of the school in either direction for 150 metres or for a different distance that is provided for by regulation or by by-law. ("zone de sécurité scolaire")

Commencement

   2.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   3.  The short title of this Act is the Highway Traffic Amendment Act (School Safety Zones), 2016.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act. Under subsection 128 (5) of the current Act, municipalities may designate portions of roads that adjoin school exits or entrances as school zones and may prescribe lower rates of speed.

Under the Bill, subsection 128 (5) is re-enacted so that all roads adjoining schools are school safety zones. The school safety zone will continue a certain distance in either direction. School safety zones are required to have signage and roadway markings at every entrance to the school safety zone and at intersections and crosswalks. The signs will include flashing lights and may include signs that detect and display the speed of approaching vehicles. Municipalities continue to have the power to prescribe a lower rate of speed.

The Lieutenant Governor in Council may make regulations, including to standardize school safety zone signage and roadway markings. Consultation with school boards whose schools are affected is required before the regulation is made.