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Home My WebLink AboutOES 009-02 74. - ,¡IIa. - REPORT TO COUNCIL FROM: Richard Holborn, P .Eng. Division Head Municipal Property & Engineering REPORT NUMBER: OES 009-02 DATE: April 15, 2002 SUBJECT: Amendment to Regional Municipalities Act File: RTCO09-02 RECOMMENDATION: 1. That the Council of the City of Pickering request the Council of the Region of Durham, to make application with the Province of Ontario to amend Section 34 subsection (13) of the Regional Municipalities Act, to include the Region of Durham. ORIGIN: Finance & Operations Committee Meeting, January, 28, 2002 AUTHORITY: The Regional Municipalities Act, Section 34 (13) FINANCIAL IMPLICATIONS: N/A EXECUTIVE SUMMARY: N/A BACKGROUND: A question was raised at the Finance & Operations Committee meeting of January 28, 2002, inquiring as to why the process of having a new stop sign approved takes such a long time. It was explained that this process included the time involved to obtain approval from the Region of Durham. The process of passing a local by-law for traffic control purposes other than parking currently requires process and approval by the Region of Durham. This process adds significant time (months) and administration costs to address local traffic control issues such as stop sign installations and speed control on local roads. The Regional Municipalities Act Section 34 (1) states: No by-law passed by an area municipality for the regulation of traffic on a Iúghway under the jurisdiction and control of the area municipality, except a by-law for the regulation of parking, shall come into force until it has been approved by the Regional Council. The Municipal Property & Engineering Division was advised that there is also a clause in the Regional Municipalities Act, that gives the regional municipality Report to Council DES 009-02 Date: April 15, 2002 75 Subject: Page 2 - Amendment to Regional Municipalities Act the authority to exempt specified area municipalities fÌ"om requiring regional approvals for the passing of by-laws regulating local traffic. - It is our request that the Region of Durham make application with the Province of Ontario to amend Section 34 (13) to include the Regional Municipality of Durham. As an included regional municipality to this section of the act, the Regional Council may pass by-laws to provide that such by-laws regulating traffic, or such class or classes thereof, may be passed by area municipalities that are specified in the by-law of the Regional Council, do not require the approval of the Regional Council as long as such terms and conditions as the Regional Council may specify in its by-law are complied with. This request would follow suit with other regional municipalities including Halton, Niagara, Peel, Waterloo and York, which have been granted inclusion to this section of this act. ATTACHMENTS: 1. Regional Municipalities Act - Section 34 Prepared By: - BK:rwh Attachments Copy: Chief Administrative Officer Director, Operations & Emergency Services City Clerk Recommended for the consideration of Pickering City Council . " / ~ - Regional Municipalities Act .. d¡;;V;.",',>.'~í~t<...,.. /\i:X.. /\/\Q.. D"'I . Page 23 of 118 ,.b.¡ "",\( '¡',.V'-..} ~-I t:I-I 76 , .'0 I 'í3 '. ,"c',{ 32.--(1) In respect of the roads in the regional road system and the regulation of traffic thereon, the Regional Corporation has all the powers conferred, and is subject to all the liabilities imposed, upon the councilor corporation of a city by the Municipal Act, the Highway Traffic Act and any other Act in respect of highways. &tablishment of bus lanes, etc. - (2) The Regional Council may by by-law designate any Jane on any road over which the council has jurisdiction as a lane solely or principally for use by public transit motor vehicles, or any class or classes thereof as may be derIDed in the by-law and by taxicabs and by private motor vehicles carrying such number of passengers as may be specified in the by-law, and prohibit and regulate the use thereof by all other vehicles to such extent and for such period or periods as may be specified. Definition (3) For the purposes of subsection (2), "public transit motor vehicle" means any motor vehicle operated by, for or on behalf of the Regional Corporation or any other municipality, including a metropolitan or regional municipality, or by a transit commission, in connection with a regular passenger transportation service and includes such other motor vehicles operated in connection with a regular passenger transportation service as may be specified in the by-law. R.S.O. 1990, c. R8, s. 32. Erection of gasoline pump and advertising device near regional road 33.-~(1) The Regional Council may by by-law prohibit or regulate the placing or erecting of, (a) any gasoline pump within forty-five metres of any limit of a regional road; (b) any sign, notice or advertising device within 400 metres of any limit of a regional road. -. Permits (2) A by-law passed under this section may provide for the issuing of pernùts for the placing or erecting of any gasoline pump, sign, notice or advertising device and may prescribe the form, terms and conditions thereof and the fees to be paid therefor. RS.O. 1990, c. R8, s. 33. By-laws of area municipalities regulating (raffic by-law passed by an area municipality for the regulation of traffic on a highway under the jurisdiction and control of the area municipality, except a by-law for the regulation of parking, shall come into force unless it has been approved by the Regional Council. Exceptions (2) Subsection (1) does not apply to a by-law for which the Regional Council has provided under subsection (3) that its approval is not required. file://C:\QL - PRO\QL TEMP\RSOT -0000061 O.HTM 02/05/2002 - Regional Municipalities Act I REPORT#~,Cú~-()~ "':it¿ '" ~ D.J ....f, Page 24 of 118 77 "', Exceptions (3) The Regional Council may pass by-laws to provide that such by-laws regulating traffic, or such class or classes thereof, as are specified in the by-law of the Regional Council and as may be passed by such one or more area municipalities as are specified in the by-law of the Regional Council do not require the approval of the Regional Council or alternatively do not require the approval of the Regional Council if such terms and conditions as the Regional Council may specify in its by-law are complied with. - Natíce afamendment or repeal (4) Where a by-law of the Regional Council passed under subsection (3) is repealed or amended, the clerk of the Regional Corporation shall forthwith send a notice of the amendment or repeal by registered mail to the clerk of each area municipality affected by the repeal or amendment. By-laws not qlJècted (5) The repeal or amendment of a by-law passed by the Regional Council under subsection (3) does not affect the validity of a by-law for regulating traffic passed by the council of aU area municipality while an exemption under that subsection was in effect and the by-law of the area municipality continues in force until it is amended or repealed. Regional Council may approve by-law in whole or in part (6) A by-law submitted for approval of the Regional Council in compliance with subsection (1) may be approved in whole or in part and, where part of a by-law is approved only, that part only shall become operative. Withdrawal of approval - (7) The Regional Council may withdraw its approval to any by-law or any part thereof by notice sent by registered mail to the clerk of the area municipality and such by-law or part thereof shall be deemed to be repealed twenty-one days after the sending of the notice. Signal-light devices (8) All signal-light traffic control devices heretofore or hereafter erected on a highway under the jurisdiction and control of an area municipality shall be operated, or erected and operated, in the manner prescribed by by-law of the Regional Council, and the Regional Council may delegate any of its powers in respect of the operation of such devices to an officer of the Regional Corporation designated in the by-law. Contributions tol1lard costs of signal- lights (9) The Regional Corporation may contribute toward the cost of the erection of signal-light traffic control devices erected by an area municipality. file:/ /C:\QL - PRO\QL TEMP\RSOT -0000061 O.HTM 02/05/2002 - Regional Municipalities Act ¡ ; , / 313 REPOr\T#_ð~;? DOq-()¡Yage 25 of 118 78 ...~ Traf/k control within thirty metres of regional roads (10) Subject to the Highway Traffic Act, the Regional Council may pass by-laws to regulate traffic on any highway under the jurisdiction and control of an area municipality for a distance of thirty metres on either side of the limit of a regional road, and, where there is any conflict between such a by-law and a by-law of an area municipality, the by-law passed under this subsection prevails to the extent of such conflict. RS.O. 1990, c. R8, s. 34(1-10). - (11) REPEALED: S.O. 2000, c. 5, s. 21(10), effective January 1,2001 (Act, s. 43(2)). (12) REPEALED: S.O. 2000, c. 5, s. 21(10), effective January 1,2001 (Act, s. 43(2)). Application (13) Subsections (2), (3), (4) and (5) apply only to the regional municipalities of Halton, Niagara, Peel, Waterloo and York. ** Quicklaw Table ** Changes prior to Quicklaw Tables: RS.O. 1990, c. R.8, s. 34(13). Please see other sources for in force dates. Provision Changed by In force Authority 34(13) 2000 c5 s21 2001 Jan 1 Act, s43(2) 34(13) 2001 c9 Sch 2001 Jun 29 RA. J s3 - ***** R.S.O. 1990, c. R8, s. 34; S.O. 2000, c. 5, s. 21; S.O. 2001, c. 9, Sëhed. J, s. 3. Agreements/or pedestrian walks 35.--(1) The Regional Council may by by-law authorize agreements between the Regional Corporation and the owners or lessees of land abutting on a highway for the construction, maintenance and use of walks for pedestrians over, across or under the highway upon such terms and conditions as may be agreed and for contributing to the whole or any part of the cost thereof, and for leasing or licensing the use of untravelled portions of such walks and adjoining lands to persons for such consideration and upon such terms and conditions as may be agreed. Agreements respecting buildings, etc., above or beneath regional roads (2) The Regional Council may by by-law authorize agreements between the Regional Corporation file://C:\QL _PRO\QL TEMP\RSOT -0000061 O.HTM 02/05/2002 -