Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50

JurisdictionOntario

Public Transportation and Highway Improvement Act

R.S.O. 1990, CHAPTER P.50

Consolidation Period: From July 21, 2020 to the e-Laws currency date.

Last amendment: 2020, c. 18, Sched. 19.

CONTENTS

Definitions

1 In this Act,

“bridge” means a public bridge, and includes a bridge forming part of a highway or on, over, under or across which a highway passes; (“pont”)

“construction” includes reconstruction; (“construction”)

“Deputy Minister” means the Deputy Minister of Transportation; (“sous-ministre”)

“grading” means configuring the surface of the land by removing, adding or moving material, whether earthen or otherwise; (“nivellement”)

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)

“land” includes an estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”)

“maintenance” includes repair; (“entretien”)

“Minister” means the Minister of Transportation; (“ministre”)

“Ministry” means the Ministry of Transportation; (“ministère”)

“owner” includes a mortgagee, lessee, tenant, occupant, person entitled to a limited estate or interest, and a guardian, executor, administrator or trustee in whom land or any interest therein is vested; (“propriétaire”)

“public utilities commission” means a commission or board having the control and management of a public utility undertaking in a municipality; (“commission des services publics”)

“regulations” means the regulations made under this Act; (“règlements”)

“road” has the same meaning as highway; (“route”)

“road authority” means a body having jurisdiction and control of a highway; (“office de la voirie”)

“roadway” means that part of a highway designed or intended for use by vehicular traffic. (“chaussée”)

“structure” includes any above or below ground installation or infrastructure; (“structure”)

“Tribunal” means the Local Planning Appeal Tribunal. (“Tribunal”) R.S.O. 1990, c. P.50, s. 1; 2017, c. 23, Sched. 5, s. 104; 2019, c. 8, Sched. 5, s. 1.

Section Amendments with date in force (d/m/y)

2017, c. 23, Sched. 5, s. 104 (1, 2) - 03/04/2018

2019, c. 8, Sched. 5, s. 1 - 06/06/2019

PART I
LAND ACQUISITION, HIGHWAYS AND OTHER WORKS

Property vested in Crown

2 (1) All property acquired under this Part is vested in the Crown and is under the jurisdiction and control of the Ministry. R.S.O. 1990, c. P.50, s. 2 (1).

Property may be sold, etc.

(2) Subject to subsection 5 (2), all property that is under the jurisdiction and control of the Ministry may be leased, sold or otherwise disposed of by the Minister. R.S.O. 1990, c. P.50, s. 2 (2).

Use of space and areas over or under highway

(3) The Minister may authorize any ministry or agency of the Crown or any municipality or any local board, as defined in the Municipal Affairs Act, or any corporation or person, by lease, licence or other arrangement,

(a) to use; or

(b) to construct, maintain and use buildings, structures or improvements in or on,

any space or area located over, across or under a highway under the jurisdiction of the Ministry where, in the opinion of the Minister, such construction, maintenance or use can be carried out without unduly interfering with the public use of the highway. R.S.O. 1990, c. P.50, s. 2 (3); 2002, c. 17, Sched. F, Table.

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

Instruments creating rights analogous to easements

3 (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto in favour of the Crown, in respect of any highway or other works under the jurisdiction and control of the Ministry, is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, even if the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Crown.

Terms of instrument binding on successors

(2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted or created by or contained in the instrument are binding upon and enure to the benefit of the heirs, successors, personal representatives and assigns of the parties to the instrument.

Liability of grantor for breach of covenant limited

(3) A party to an instrument to which subsection (1) applies or a person to whom subsection (2) applies is not liable for breach of a covenant or condition contained in the instrument committed after the person ceased to be the owner of the land therein mentioned, or after the person ceased to hold the interest in the land by virtue of which the person or the person’s predecessor in title executed the instrument.

Land to remain subject to instrument when sold for taxes

(4) Where the land mentioned in an instrument to which subsection (1) applies is sold for taxes, the land shall be deemed to have been sold subject to any right or interest granted or created by and any condition or covenant contained in the instrument.

Application

(5) This section applies even if such right, interest, covenant or condition was granted or created by or contained in an instrument executed before the date this section came into force. R.S.O. 1990, c. P.50, s. 3.

Persons who may sign plans

4 Where this Act or the Expropriations Act requires a plan or other instrument under this Act, other than an order in council mentioned in section 7 or 36, to be registered in the proper land registry office or deposited with the Minister of Natural Resources, the plan or instrument shall be signed by an Ontario Land Surveyor and one of the following:

1. The Minister.

2. The Deputy Minister.

3. An Assistant Deputy Minister of the Ministry.

4. The Chief Surveyor of the Ministry. R.S.O. 1990, c. P.50, s. 4.

Control of Crown Land

5 (1) Where the Minister desires to acquire any Crown lands not under the jurisdiction and control of the Ministry that he or she considers necessary for the purposes of the Ministry, the Minister shall deposit with the Minister of Natural Resources and register in the proper land registry office a plan of the land to be known and marked “Crown Land Plan/Plan des terres de la Couronne” and thereupon the land is under the jurisdiction and control of the Ministry.

Crown land no longer required by Ministry

(2) Where the jurisdiction and control of Crown lands is no longer required by the Ministry, the Minister may, with the approval of the Minister of Natural Resources, by a writing deposited with the Minister of Natural Resources and registered in the proper land registry office, declare that the jurisdiction and control of the land is no longer required and thereupon such land is under the jurisdiction and control of the Ministry of Natural Resources. R.S.O. 1990, c. P.50, s. 5.

Power to enter on land, etc.

6 The Minister or any person authorized by him or her may, without the consent of the owner,

(a) enter upon and use any land;

(b) alter in any manner any natural or artificial feature of any land;

(c) construct and use roads on, to or from any land; or

(d) place upon or remove from any land any substance or structure, for any purpose of this Part. R.S.O. 1990, c. P.50, s. 6.

Designation of the King’s Highway

7 (1) The Lieutenant Governor in Council may designate a highway or proposed highway as the King’s Highway. R.S.O. 1990, c. P.50, s. 7 (1).

Registration of order in council

(2) The order in council designating a highway or proposed highway as the King’s Highway shall be registered in the proper land registry office and any such order in council heretofore registered shall be deemed to have been required to be so registered. R.S.O. 1990, c. P.50, s. 7 (2).

Designation not regulation

(3) A designation under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 21, Sched. F, s. 128 (1).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. F, s. 128 (1) - 25/07/2007

Procedure for acquiring a highway

8 (1) Where the Minister desires to acquire an existing highway, he or she shall register in the proper land registry office,

Assumption Plan

(a) a plan of the highway to be known as and marked “Assumption Plan/Plan d’appropriation”; or

Notice of Assumption

(b) a notice to be known as and marked “Notice of Assumption/Avis d’appropriation” referring to a plan of the highway registered in the proper land registry office,

and thereupon the highway vests in the Crown and the Minister forthwith shall give notice in writing of such vesting to any municipality concerned.

Preliminary Assumption Plan

(2) The Minister, before registering an “Assumption Plan”, may register in the proper land registry office, a preliminary plan of the highway to be known as and marked “Preliminary Assumption Plan/Plan préliminaire d’appropriation”, and such Preliminary Assumption Plan when registered has the same force and effect as an Assumption Plan registered under subsection (1), but an Assumption Plan of the highway or a Notice of Assumption referring to a plan registered in the proper land registry office shall thereafter be registered under subsection (1). R.S.O. 1990, c. P.50, s. 8.

Correction of errors

9 In case of any omission, misstatement or erroneous description in a plan or description registered under this Part, the Minister may cause to be registered in the proper land registry office a plan or description replacing or amending such original plan or description and signed by an Ontario land surveyor and one of,

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