Road Occupancy Application / Permit - Ontario Public Works & Engineering Department
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SECTION:
AUTHOR:
POLICY #:
Maintenance
Director of Public Works & Engineering
PW-10
POLICY:
APPROVED:
Road Occupancy Permits
March 29, 2006
DATE:
REV. DATE:
COVERAGE:
PAGE #:
March 2006
Public
Works
&
Engineering
1 of 5
Department
POLICY STATEMENT:
The County of Renfrew requires that a Road Occupancy Permit be obtained by all persons,
companies, utilities, agencies and municipalities prior to commencing any work within the
County’s Road Allowances.
BACKGROUND:
As a municipal road authority, the County has a duty and responsibility to be an informed owner
and to ensure that the roads under its jurisdiction are kept in a reasonable state of repair. The
Municipal Act, 2001, states the following in regards to the County’s obligations and liabilities:
“Maintenance
44. (1) The municipality that has jurisdiction over a highway or bridge shall keep it in a state of
repair that is reasonable in the circumstances, including the character and location of the
highway or bridge. 2001, c. 25, s. 44(1).
Liability
(2) A municipality that defaults in complying with subsection (1) is, subject to the
Negligence Act, liable for all damages any person sustains because of the default. 2001,
c. 25 s. 44(2).
Defence
(3) Despite subsection (2), a municipality is not liable for failing to keep a highway or bridge
in a reasonable state of repair if,
(a) it did not know and could not reasonably have been expected to have known about
the state of repair of the highway or bridge;
(b) it took reasonable steps to prevent the default from arising; or
(c) at the time the cause of action arose, minimum standards established under subsection
(4) applied to the highway or bridge and to the alleged default and those standards
have been met. 2001, c. 25, s.44(3).”
In order to ensure that the County is adequately informed and exercising due diligence, a formal
process is necessary for the approval of works within the County’s Road Allowances. Of
particular concern is any work which may occur within the travelled portion of the highway. It is
also important to ensure that adequate and appropriate measures are implemented to ensure the
safety of both road users and those carrying out the work.
PROCEDURES:
The following are the procedures to be followed to acquire a Road Occupancy Permit to
undertake work within the County’s Road Allowances:
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