20-63 Prohibit OR Vehicles on Cty Roads December 10, 2020Corporation of the County of Elgin
By -Law No. 20-63
Being a By -Law to prohibit and/or otherwise
regulation of Off -Road Vehicles (ORVs) on
County Roads
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (hereinafter
"Municipal Act, 2001"), and in particular section 8 thereof, provides that the powers of a
municipality under that or any other Act shall be interpreted broadly so as to confirm
broad authority on the municipality to enable the municipality to govern its affairs as it
considers appropriate and to enhance the ability of the municipality to respond to
municipal issues;
AND WHEREAS, pursuant to the Municipal Act, 2001, and in particular Section 28
thereof, a municipality has jurisdiction over, inter alia, all highways over which it had
jurisdiction or joint jurisdiction on December 31, 2002, all highways established by by-
law of that municipality as enacted on or after January 1, 2003, and all highways
otherwise transferred to that municipality pursuant to the Public Transportation and
Highway Improvement Act or any other Act;
AND WHEREAS, pursuant to the Highway Traffic Act, R.S.O. 1990, c. H. 8, as
amended, and in particular Section 191.8 thereof, and Regulations enacted thereunder,
including but not limited to O. Reg 316/03, as amended, as a Regulation relating to the
operation of off -road vehicles on highways, a municipality is authorized to enact a by-
law prohibiting the operation of off -road vehicles on any highway, or any part or parts
thereof, within a municipality and under its jurisdiction and/or otherwise permitting and
otherwise regulating operation of such off -road vehicles on such highways, or any part
or parts thereof;
AND WHEREAS the Corporation of the County of Elgin exercises jurisdiction over and
in respect of highways within the territorial limits of the said County of Elgin, which
highways are generally and collectively referred to as "County Roads";
AND WHEREAS the Council of the Corporation of the County of Elgin deems it
expedient to prohibit operation of off -road vehicles on County Roads, subject to an
exception which allows direct crossing of such County Roads by operators of off -road
vehicles in accordance with the said Off Road Vehicles Act, R.S.O. 1990, c. 0.4, as
amended;
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
enacts as follows:
Section 1 — Definitions
1. In this by-law:
"all -terrain vehicle" means an off -road vehicle that,
(a) has four wheels, the tires of which are all in contact with the ground,
(b) has steering handlebars,
(c) has a seat that is designed to be straddled by the driver, and
(d) is designed to carry,
(i) a driver only and no passengers, or
(ii) a driver and only one passenger, if the vehicle,
(A) has one passenger seat that is designed to be straddled by the
passenger while sitting facing forward behind the drive, and
(B) is equipped with footrests for the passenger that are separate from the
foot rests for the driver;
and in all respects meets the requirements of the Highway Traffic Act and the Off -Road
Vehicles Act and any Regulations passed thereunder, as amended and as may be
replaced from time to time, and, where thereby applicable, the expression "Off -Road
Vehicle" shall have the corresponding meaning.
"extreme terrain vehicle" means an off -road vehicle that:
(a) has six or eight wheels, the tires of which are all in contact with the ground,
(b) has no tracks that are in contact with the ground,
(c) has seats that are not designed to be straddled, and
(d) has a minimum cargo capacity of 159 kilograms;
and in all respects meets the requirements of the Highway Traffic Act and the Off -Road
Vehicles Act and any Regulations passed thereunder, as amended and as may be
replaced from time to time, and, where thereby applicable, the expression "Off -Road
Vehicle" shall have the corresponding meaning.
"County" or "Elgin" means the municipal corporation of the County of Elgin or the
geographic area of the County of Elgin, as the context requires;
"highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, drive, bridge, viaduct or trestle, 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 and which is under the jurisdiction of the County of Elgin
pursuant to the Municipal Act, 2001;
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H. 8, as
amended;
"Motor Vehicle" includes an automobile, a motorcycle, a motor -assisted bicycle unless
otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include a street car or other motor
vehicle running only upon rails, a power -assisted bicycle, a motorized snow vehicle, a
traction engine, a farm tractor, a self-propelled implement of husbandry, or a road -
building machine;
"multi -purpose off -highway utility vehicle" means an off -road vehicle that,
(a) has four or more wheels, the tires of which are all in contact with the ground,
(b) has a steering wheel for steering control,
(c) has seats that are not designed to be straddled, and
(d) has a minimum cargo capacity of 159 kilograms;
and in all respects meets the requirements of the Highway Traffic Act and the Off -Road
Vehicles Act and any Regulations passed thereunder, as amended and as may be
replaced from time to time, and, where thereby applicable, the expression "Off -Road
Vehicle" shall have the corresponding meaning.
"municipal law enforcement officer" means a municipal law enforcement officer duly
authorized by the Council of the County of Elgin to enforce this by-law;
"off -road motorcycle" means an off -road vehicle, designed primarily for recreational
use, that,
(a) has steering handlebars,
(b) has two wheels, the tires of which are all in contact with the ground,
(c) has a minimum wheel rim diameter of 250 millimetres,
(d) has a minimum wheelbase of 1,016 millimetres,
(e) has a seat that is designed to be straddled by the driver,
(f) is designed to carry a driver only and no passengers, and
(g) does not have a sidecar;
and in all respects meets the requirements of the Highway Traffic Act and the Off -Road
Vehicles Act and any Regulations passed thereunder, as amended and as may be
replaced from time to time, and, where thereby applicable, the expression "Off -Road
Vehicle" shall have the corresponding meaning.
"off -road vehicle" has the same meaning as in the Off -Road Vehicles Act and includes
but is not limited to an all -terrain vehicle, extreme terrain vehicle, multi -purpose off -
highway utility vehicle, off -road motorcycle, and recreational off -highway vehicle;
"Off -Road Vehicle Act" means the Off -Road Vehicles Act, R.S.O. 1990, c. O. 4, as
amended;
"police officer" means an officer of the Ontario Provincial Police or other police service
having jurisdiction in the County, who are duly appointed under the Police Services Act;
"Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended;
"recreational off -highway vehicle" means an off -road vehicle that,
(a) has four or more wheels, the tires of which are all in contact with the ground,
(b) has a steering wheel for steering control,
(c) has seats that are not designed to be straddled, and
(d) has an engine displacement equal to or less than 1,000 cubic centimetres;
and in all respects meets the requirements of the Highway Traffic Act and the Off -Road
Vehicles Act and any Regulations passed thereunder, as amended and as may be
replaced from time to time, and, where thereby applicable, the expression "Off -Road
Vehicle" shall have the corresponding meaning.
"seat belt assembly" means a device or assembly composed of a strap or straps,
webbing or similar material that restrains the movement of a person in order to prevent
or mitigate injury to the person; and
"unopened road allowance" means a highway under the jurisdiction of the County
that has neither been opened for public travel nor assumed for maintenance purposes
by the County.
Section 2 — Interpretation
(1) This by-law includes the Schedule(s) attached to it, and the Schedule(s) are
hereby declared to form part of the by-law.
(2) The headings and subheadings used in this by-law are inserted for convenience of
reference only, form no part of this by-law, and shall not affect in any way the
meaning or interpretation of the provisions in this by-law.
(3) Unless the context requires otherwise, references to items in the plural include the
singular unless used with a number modifying the term, and words importing the
masculine gender shall include the feminine.
(4) If any section, subsection, paragraph or part thereof is declared by any Court to be
illegal or ultra vires such section, subsection, paragraph, or part or parts shall be
deemed to be severable and all other parts of this by-law are declared to be
separate and independent, and enacted as such.
Section 3 — Prohibitions
(1) Except as contemplated and provided for in section 2(2) of the Off -Road Vehicles
Act, no person shall operate an off -road vehicle upon a highway, or part thereof,
under the jurisdiction of the County, provided that, for purposes of crossing a
highway pursuant to section 2(2)(a) of that Act, the off -road vehicle shall be
operated at all times so as to travel perpendicular to the lateral property lines
forming the limits of such highway.
(2) No person shall operate an off -road vehicle on an unopened road allowance or
part of an unopened road allowance under the jurisdiction of the County.
(3) Following enactment of this by-law, the prohibitions and exception set forth in
sections 3(1) and 3(2) above shall remain in effect for each and every calendar
day commencing at 12:00:01 a.m. of each such day and ending at 12:00:00 on
that same day.
Section 4 — Exemptions
(1) The prohibitions set forth in sections 3(1) and 3(2) above do not apply to those
exemptions provided for in section 27(1) and 28 of O. Reg. 316103, as amended,
relating to the operation of Off -Road Vehicles on Highways as enacted pursuant to
the Off -Road Vehicles Act, as amended.
Section 5 — Permitted Crossing of a Highway
(1) When crossing a highway as permitted, by exception, pursuant to section 3(1)
above and unless inconsistent with any other provision of this by-law, the person
so operating any off -road vehicle and any passenger thereon shall comply with all
provisions of the Highway Traffic Act, the Off -Road Vehicles Act, and all other
federal and provincial laws and municipal by-laws, as applicable, or any
Regulations made thereunder, as amended or replaced from time to time,
including but not limited to the provisions of Part III of O. Reg 316103, as amended,
relating to the Operation of Off -Road Vehicles on Highways as enacted pursuant
to the Off -Road Vehicles Act, as amended, save and except that set forth in
sections 22 and 24 of the said O. Reg 316/03..
(2) When crossing a highway as permitted, by exception, pursuant to section 3(1)
above, the off -road vehicle shall not be operated at a rate of speed greater than 20
kilometers per hour.
Section 6 — Limitations on Exception
(1) When crossing a highway as permitted, by exception, pursuant to section 3(1)
above, the person so operating any off -road vehicle and any passenger thereon
shall do so at his, her, or their own risk.
(2) When crossing a highway as permitted, by exception, pursuant to section 3(1)
above, the person so operating any off -road vehicle and any passenger thereon
shall, at all times, exercise due care and attention, and otherwise act with due
regard to other users of the highway.
(3) Permission, by exception, to cross a highway pursuant to section 3(1) above does
not constitute permission to operate an off -road vehicle on any other public or
private property without the consent of the owner thereof.
Section 7 — Enforcement
(1) This by-law may be enforced by a police officer or a municipal law enforcement
officer.
Section 8 — Offences, Fines and Penalties
(1) No person shall hinder, obstruct, or interfere with a police officer or a municipal law
enforcement officer in the lawful execution of his or her duties under this by-law.
(2) No person operating an off -road vehicle as contemplated by this by-law shall fail to
stop that off -road vehicle when directed to do so by a police officer or a municipal
law enforcement officer while executing his or her duties under this by-law.
(3) No person operating an off -road vehicle or any passenger thereon shall fail to
identify himself or herself when demanded to do so by a police officer or a
municipal law enforcement officer while executing his or her duties under this by-
law.
(4) Any person who contravenes any provision of this by-law is guilty of an offence
and is subject to any penalty as provided for in the Provincial Offences Act.
(5) Without limiting the generality of that set forth in subsection (4) immediately above,
when a person has been convicted of an offence under this by-law, then the court
entering that conviction or thereafter any court of competent jurisdiction may, in
addition to any other penalty imposed upon such person convicted, make an order
prohibiting the continuation or repetition of the said offence by the person so
convicted.
Section 9 — Short Title
This by-law may be referred to as the "Off -Road Vehicle By -Law'.
Section 10 — Effective date and repeal
This by-law shall come into force and effect upon enactment.
READ A FIRST, SECOND, and THIRD TIME and FINALLY PASSED this /fi`�hday of
December. 2020.
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Warden