Off Road Vehicle By-Law

January 19, 2021 Page 1 of 13 8 b - CC

County Council

Meeting Date: January 19, 2021

Submitted by: Chris Traini, County Engineer & Wayne Meagher, County Barrister & Solicitor

SUBJECT: OFF ROAD VEHICLE BY-LAW

BACKGROUND: Changes to regulations pertaining to the operation of off-road vehicles on many Ontario roads came into effect on January 1, 2021.

ANALYSIS: These changes effectively allow for the operation of off-road vehicles on all local highways under the jurisdiction of all the local Middlesex County municipalities unless otherwise prohibited. Middlesex County highways are not affected by this regulatory change, and the OPP and the County Engineer have shared safety concerns about the operation of off-road vehicles within County right-of-ways so no change to the current prohibition is recommended.

However, it is the opinion of the County Engineer that a by-law should be enacted in order to clarify the prohibition of these vehicles on County highways. This new regulation is somewhat confusing and this is a good opportunity to remind the public on the rules around operation of these vehicles. Off-road vehicles are only allowed to cross over County roads perpendicular to traffic in approved locations. And of course vehicles being utilized for agricultural purposes or for emergency response are exempt from these regulations.

It is recommended that the attached by-law be approved. A copy of the by-law along with background information provided by the province are attached. January 19, 2021 Page 2 of 13 8 b - CC

RECOMMENDATION: That the by-law to prohibit and/or otherwise regulation of Off-Road Vehicles (OVRs) on County Roads be approved.

Attachments January 19, 2021 Page 3 of 13 8 b - CC

THE CORPORATION OF THE COUNTY OF MIDDLESEX

BY-LAW #

A By-Law to prohibit and/or otherwise regulation of Off-Road Vehicles (ORVs) on County Roads

WHEREAS

A. The Municipal Act, 2001, S.O. 2001, c. 25, as amended or replaced, (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;

B. 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;

C. Pursuant to the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended or replaced (hereinafter the “HTA”), and in particular section 191.8 thereof, no person shall drive an off-road vehicle on a highway except in accordance with the regulations and any applicable municipal by-laws;

D. Pursuant to the HTA, and in particular subsection 191.8 thereof, 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 its 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;

E. Pursuant to Ontario Regulation 316/03 (Operation of Off-road Vehicles on Highways), as amended or replaced (hereinafter “O. Reg 316/03”), and in particular subsection 4.1(1) thereof, an off-road vehicle shall not be driven on a highway or part of a highway that is under the jurisdiction of a municipality unless a by-law permitting the off-road vehicle or particular class of vehicle has been passed by council in accordance with paragraph 1 or 2 of subsection 4.1(1);

F. Pursuant to O. Reg 316/03, and in particular subsection 4.1(2) thereof, notwithstanding subsection 4.1(1) of O. Reg 316/03, if the requirements of Part III of O. Reg 316/03 are met, a vehicle described in paragraph 1 or 2 of subsection 4.1(1) may be driven on a highway or part of a highway that is under the jurisdiction of a local municipality if the name of the municipality appears in the Table to Ontario Regulation 8/03 (Local Municipalities Where 80 Kilometres Per Hour Speed Limit Applies);

G. Pursuant to O. Reg 316/03, and in particular subsection 4.1(3) thereof, a local municipality to which subsection 4.1(2) applies, is authorized to enact a by-law prohibiting the operation of off-road vehicles on any highway or part of a highway under its jurisdiction;

H. The County of Middlesex has jurisdiction over the highways included in the County of Middlesex road system as defined in By-law 5399 of the Corporation of the County of Middlesex (hereinafter “County Roads”);

January 19, 2021 Page 4 of 13 8 b - CC

THE CORPORATION OF THE COUNTY OF MIDDLESEX

BY-LAW # Page 2

I. The County of Middlesex does not appear in the Table to Ontario Regulation 8/03 and as such no off-road vehicle shall be driven on a County Road unless a by-law permitting off-road vehicles to be driven on County Roads has been passed by Council for the County of Middlesex (hereinafter “Council”) in accordance with subsection 4.1(1) of O. Reg 316/03;

J. Council does not wish to pass a by-law under subsection 4.1(1) of O. Reg 316/03 to allow off-road vehicles on County Roads and deems it expedient to pass a by-law confirming that off-road vehicles are prohibited 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. O. 4, as amended or replaced;

NOW THEREFORE the Municipal Council of the Corporation of the County of Middlesex 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,

(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 foot rests 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,

(d) has a minimum cargo capacity of 159 kilograms;

January 19, 2021 Page 5 of 13 8 b - CC

THE CORPORATION OF THE COUNTY OF MIDDLESEX

BY-LAW # Page 3

“County” means the Corporation of the County of Middlesex or the geographic area of the County of Middlesex, 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 Middlesex pursuant to the Municipal Act, 2001;

“Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended or replaced;

“Local Municipality” means any one or more of the following: The Corporation of the Township of Adelaide-Metcalfe; The Corporation of the Township of Lucan Biddulph; The Corporation of the Municipality of Middlesex Centre; The Corporation of the Municipality of North Middlesex; The Corporation of the Municipality of Southwest Middlesex; The Corporation of the Municipality of Strathroy-Caradoc; The Corporation of the Municipality of Thames Centre; and The Corporation of the Village of Newbury.

“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,

(d) has a minimum cargo capacity of 159 kilograms;

“municipal law enforcement officer” means a by-law enforcement officer appointed by the County or a Local Municipality. January 19, 2021 Page 6 of 13 8 b - CC

THE CORPORATION OF THE COUNTY OF MIDDLESEX

BY-LAW # Page 4

“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,

(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;

“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 or replaced;

“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 or replaced;

“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,

(d) has an engine displacement equal to or less than 1,000 cubic centimetres;

“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 January 19, 2021 Page 7 of 13 8 b - CC

THE CORPORATION OF THE COUNTY OF MIDDLESEX

BY-LAW # Page 5

“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. 316/03, as amended, relating to the operation of Off-Road Vehicles on Highways as enacted pursuant to the Off-Road Vehicles Act, as amended. January 19, 2021 Page 8 of 13 8 b - CC

THE CORPORATION OF THE COUNTY OF MIDDLESEX

BY-LAW # Page 6

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 316/03, as amended, relating to the Operation of Off-Road Vehicles on Highways as enacted pursuant to the Highway Traffic 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.

January 19, 2021 Page 9 of 13 8 b - CC

THE CORPORATION OF THE COUNTY OF MIDDLESEX

BY-LAW # Page 7

(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.

PASSED IN COUNCIL this 19th day of January, 2021.

______Cathy Burghardt-Jesson, Warden

______Kathleen Bunting, County Clerk

January 19, 2021 Page 10 of 13 8 b - CC

Ministry of Transportation ministère des Transports

Office of the Director Bureau du directeur Highway Operations Management Branch Direction de la gestion des opérations routières

659 Exeter Road 659, rue Exeter London, Ontario N6E 1L3 London (Ontario) N6E 1L3 Telephone: 519-200-5219 Téléphone: (519) 200-5219

January 4, 2021

Dear Municipal Stakeholder,

I am pleased to announce that effective January 1, 2021, the province has expanded the on-road opportunities for off-road vehicle riders in some parts of Ontario. Off-road vehicle riders are expected to experience enhanced trail access resulting from the increased on-road connections to Ontario’s off-road vehicle trail network. The changes apply only to municipalities listed in Ontario Regulation 8/03 and amend the way permitted off-road vehicles are allowed on-road access to municipal highways.

In municipalities listed in Ontario Regulation 8/03, permitted off-road vehicles will be allowed by default on municipal highways unless the municipality has an existing by-law that restricts their use or creates a new by-law to prohibit or restrict the use of some or all off-road vehicles. These new provisions replace the previous requirement that municipalities had to enact a by-law to permit off-road vehicles to operate on municipal highways. The updated regulations can be found at Ontario Regulation 316/03, and Ontario Regulation 863.

It is important to note that the on-road access rules for off-road vehicles in municipalities that are not listed in Ontario Regulation 8/03 will continue to be subject to the existing regulatory framework under Ontario Regulation 316/03 and these municipalities are not affected by this change.

The equipment configuration and performance requirements for off-road vehicles as set out in Section 10 of Ontario Regulation 316/03 also remain unchanged. The Highway Traffic Act prohibition of drivers of any motor vehicles causing the vehicle to make unnecessary noise, for example through modification, also applies and violations are subject to fines.

In order to support municipalities with these changes, the ministry has provided a Municipal Guidance Document (attached) to help municipalities decide whether they need to take action to revoke, update or pass new by-laws related to on-road access by off-road vehicles on the highways under their jurisdiction.

I ask you to kindly forward this notice and the attached Municipal Guidance Document to municipal staff responsible for traffic safety and those responsible for enforcing off- road vehicle laws in your area. Although changes have been previously announced on the Ontario Newsroom site and there will be a communication in the backgrounder issued by the Premier’s Office, municipalities should ensure that the public and off-road vehicle riders are made aware of the rules in their area.

…/2 January 19, 2021 Page 11 of 13 8 b - CC Municipal Stakeholder Page 2

If there are any questions regarding off-road vehicles licencing, operation or equipment requirements referenced in the attached guidance material, please contact Angela Litrenta, Manager, Road Safety Program Development Office at (416) 235-5130 or [email protected].

If there are any questions regarding amendments to Ontario Regulation 316/03, and Ontario Regulation 863, please contact Ron Turcotte, Head, Safety Information Management Section, Provincial Traffic Office at (289)-407-9880 or [email protected].

Thank you for your assistance in communicating this change.

Sincerely,

Jasan Boparai Director

Attachment – Municipal Guidance document

January 19, 2021 Page 12 of 13 8 b - CC

Municipal Guidance Document Operation of Off-road Vehicles on Municipal Roadways January 1, 2021

Effective January 1, 2021, the Ministry of Transportation (MTO) is changing the way the province manages how off- road vehicles (ORVs) are allowed on-road in some municipalities.

The use of ORVs on highways is controlled under Section 191.8 of the Highway Traffic Act (HTA), Ontario Regulation 316/03 made under the HTA, and municipal by-laws passed in accordance with the legislation and regulations. Currently, ORVs that meet the requirements in Ontario Regulation 316/03 are allowed on some provincial highways and municipal highways where a municipality has passed a by-law allowing the use of such ORVs on highways under their jurisdiction.

WHAT’S NEW?

Effective January 1, 2021, all ORVs that meet the requirements in Ontario Regulation 316/03 for ORVs permitted on- road, will be allowed by default on municipal highways under the jurisdiction of municipalities listed in Ontario Regulation 8/03 unless the municipality has a by-law prohibiting or restricting the use of some or all such ORVs.

Municipalities that are not listed in Ontario Regulation 8/03 will continue to be subject to the existing regulatory framework and are not affected by this change. In these municipalities, ORVs will continue to be allowed only if the municipality has passed a by-law to allow permitted ORVs on municipal highways under their jurisdiction.

Municipal Municipalities listed in Ontario Regulation 8/03 will continue to have the authority Considerations and make decisions about ORVs through by-law to:

Prohibit ORVs on some or all highways 

Permit only specific ORVs on road 

Prohibit ORVs at specific hours of the day 

Impose additional lower speed limits

Local municipalities listed in Ontario Regulation 8/03 that wish to prohibit ORVs; or restrict the permitted types of ORVs; or restrict the time of day or the season when permitted types of ORVs are allowed on-road; or establish lower speed limits for these vehicles; may need to pass a new by-law.

Where a local municipality affected by the change has an existing by-law providing a blanket permission for ORVs on all municipal highways, the by-law would not be in conflict with the new regulations. If an existing by-law only permits some ORVs or restricts ORVs to only some highways, the municipality may have to revoke the by-law and pass a new by-law as outlined above if the municipality wishes to continue such restrictions.

There is no change to the enforcement of laws related to the use of ORVs. Any issues with the day-to-day operations of police services and the actions of police officers related to ORVs should be raised with the local chief of police or their designated representatives. All set fines can be found on the Ontario Court of Justice website.

This document is provided primarily as a guide. For additional information please refer to the Highway Traffic Act, associated regulations and visit Ontario.ca/ATV for

information and tips related to the operation of ORVs in Ontario. Provincial Requirements Provincial

Ministry of Transportation | Highway Operations Management Branch | (905) 704-2960 | [email protected]

January 19, 2021 Page 13 of 13 8 b - CC

Off-road Vehicles Allowed On-road

Effective July 1, 2020, MTO made changes to add off-road motorcycles (ORM) and extreme terrain vehicles (XTV) to the existing list of ORVs permitted on-road. These two new ORV types are in addition to the currently permitted 4- wheeled ORV types.

MUNICIPAL BY-LAWS: Effective July 1, 2020, the two new ORV types added to the list of ORVs permitted on-road can be allowed on municipal highways in accordance with the HTA and Ontario Regulation 316/03. ORV is a general term used to capture several different vehicles designed for off-road use, however, only certain off-road vehicles that meet the requirements in Ontario Regulation 316/03 are permitted on-road:

All-Terrain “A “single-rider” all-terrain vehicle (ATV) is designed to travel on four tires, having a seat designed to be straddled by the operator, handlebars Vehicles for steering control and it must be designed by the manufacturer to carry a driver only and no passengers.

A two-up ATV is designed and intended for use by an operator or an operator and a passenger. It is equipped with straddle-style seating and designed to carry only one passenger.

Side-by-Sides A recreational off-highway vehicle (ROV) has two abreast seats, typically built with a hood, and uses a steering wheel instead of a motorcycle steering handlebar.

A utility terrain vehicle (UTV) has similar characteristics to an ROV but typically also features a box bed. UTVs are generally designed for utility rather than for recreational purposes.

New Off-Road Extreme Terrain Vehicles (XTVs), commonly referred to as Argos are 6+ wheeled off-road vehicles capable of riding in multiple terrains, including Vehicle Types through water. These vehicles sometimes come with tracks, however, tracked versions are not being permitted on road and are restricted to off-road use only.

Off-Road Motorcycles (ORMs) are 2 wheeled off-road vehicles that come in varying configurations such as, but not limited to: Recreational

ORMs, Trail ORMs or Competition ORM. Provincial Requirements Provincial

Ministry of Transportation | Highway Operations Management Branch | (905) 704-2960 | [email protected]