WHEREAS adoption of the Community Charter was to have given natural powers to municipalities and enhance the role of local governments by simplifying the process to govern and regulate matters within the boundaries of municipalities; AND WHEREAS the Highway Act, Section 542, which cites that a zoning bylaw under the Local Government Act does not apply to land or improvements within a radius of 800 metres of the intersection of a controlled access highway with any other highway, unless it has been approved in writing by the Minister before its adoption and which impedes the ability for smaller municipalities to simplify the process of adopting zoning bylaws by forcing them to obtain Ministerial approval prior to adopting zoning bylaws; AND WHEREAS the Community Charter, Section 413, which cites that as a restriction on the authority under Section 401, if the highway or part of a highway to be closed or reopened is within 800 metres of an arterial highway, the bylaw under that section may only be adopted if it is approved by the Minister Responsible for the Highway Act impedes the ability for smaller municipalities to simplify the process of closing roads by forcing them to obtain ministerial approval prior to closing roads; AND WHEREAS any zoning bylaw or road closure which does not have a direct impact on an arterial highway should not have to be scrutinized by the Ministry of Transportation, thereby allowing smaller municipalities to function in a more expeditious manner: THEREFORE BE IT RESOLVED that the Minister of Transportation and the Minister of Community, Aboriginal and Womens Services be requested to amend the Highway Act and Community Charter to permit smaller communities the same ability afforded other communities when enacting zoning bylaws and road closures, unless said zoning bylaw or road closure directly impacts or interferes with an arterial highway.
MINISTRY OF TRANSPORTATION Provincial highways are designed and managed to provide for the safe and efficient movement of intercity traffic, including heavy truck traffic. To ensure safety and efficiency, access points and adjacent road closures must be determined not to impair traffic flow or jeopardize safety. The Highway Act, Section 542, cites that a zoning bylaw under the Local Government Act does not apply to land or improvements within a radius of 800 metres of the intersection of a controlled access highway with any other highway, unless it has been approved in writing by the Minister before its adoption. The Community Charter, Section 413, cites that as a restriction on the authority under Section 401, if the highway or part of a highway to be closed or reopened is within 800 metres of an arterial highway, the bylaw under that section may only be adopted if it is approved by the Minister. The reason for the 800 metre approval requirement in both cases the Highway Act and the Community Charter is to protect the functional integrity of provincial highways. The Ministry of Transportation is committed to working with local government to develop corridor agreements that balance local economic development and the integrity of provincial highways. Implementing agreements will streamline or alleviate the need for the ministry to approve individual zoning bylaws.