The Minimum Maintenance Standards under the Municipal Act, 2001 were amended by Ontario Regulation 23/10, which came into effect on February 18, 2010. Several of the amendments are significant and will require municipalities to review their maintenance practices to ensure that the standards are met.
Over the next several blog entries, we will provide comments on the most significant changes to the Minimum Maintenance Standards. These comments were authored by Jennifer Stirton of our office.
Here is the first:
1. Constructive Knowledge of Facts
Many maintenance requirements in the MMS apply when a municipality becomes aware of a particular fact, such as a minimum snow accumulation, icy road conditions or a missing road sign. The MMS now provide that a municipality is deemed to be aware of a fact if the circumstances are such that the municipality ought reasonably to be aware of the fact.