Road Access Act, R.S.O. 1990, c. R.34

• Jurisdiction: Ontario

Road Access Act

R.S.O. 1990, Chapter R.34

Consolidation Period: From December 15, 2009 to the e-Laws currency date.

Last amendment: 2009, c. 33, Sched. 23, s. 8.

Definitions

1 In this Act,

“access road” means a road located on land not owned by a municipality and not dedicated and accepted as, or otherwise deemed at law to be, a public highway, that serves as a motor vehicle access route to one or more parcels of land; (“chemin d’accès”)

“common road” means an access road on which public money has been expended for its repair or maintenance; (“chemin public”)

“judge” means a judge of the Superior Court of Justice; (“juge”)

“maintain” includes the leaving of a barrier or other obstacle on an access road or common road; (“maintenir”)

“motor vehicle” means a motor vehicle as defined in the Highway Traffic Act; (“véhicule automobile”)

“road” means land used or intended for use for the passage of motor vehicles. (“chemin”) R.S.O. 1990, c. R.34, s. 1; 2006, c. 19, Sched. C, s. 1 (1).

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

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

When access road may be closed

2 (1) No person shall construct, place or maintain a barrier or other obstacle over an access road, not being a common road, that, as a result, prevents all road access to one or more parcels of land or to boat docking facilities therefor, not owned by that person unless,

(a) the person has made application to a judge for an order closing the road and has given ninety days notice of such application to the parties and in the manner directed by this Act and the judge has granted the application to close the road;

(b) the closure is made in accordance with an agreement in writing with the owners of the land affected thereby;

(c) the closure is of a temporary nature for the purposes of repair or maintenance of the road; or

(d) the closure is made for a single period of no greater than twenty-four hours in a year for the purpose of preventing the acquisition of prescriptive rights. R.S.O. 1990, c. R.34, s. 2 (1).

When common road may be closed

(2) No person shall construct, place or maintain a barrier or other obstacle over a common road that as a result prevents the use of the road unless,

(a) the person has made application to a judge for an order closing the road and has given ninety days notice of the application to the parties and in the manner directed by this Act and the judge has granted the application to close the road; or

(b) the closure is of a temporary nature for the purposes of repair or maintenance of the road. R.S.O. 1990, c. R.34, s. 2 (2).

...