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March 30, 2020

During the COVID-19 Pandemic, members are inquiring  about municipal requirements for levels of service regarding Ontario Regulation 239/02 Minimum Maintenance Standards (MMS).

Many municipalities have been faced with staff shortages as a result of the pandemic.  Staff reductions are becoming the norm as municipalities are sending staff home or rotating staff to reduce the spread of COVID-19 to the public.  What this means is that some municipalities may have difficulty in meeting their service levels under MMS for road patrols and/or carrying out maintenance.

Recently, a blog by PM Law | Paterson MacDougall was posted on March 18, 2020 which outlines a potential solution to the issue as it relates to the Closure of a Highway clause in Section 16.8 1) & 2) of the Regulation.  We refer you to the blog via the following link:

http://www.pmlaw.com/?p=1223#.XnKuc9v1dPk.linkedin

The OGRA will be hosting a free webinar for its members on March 26 at 2 pm – it features Legal Charles Painter (Paterson MacDougall) and Cheryl Clarke (Manager – Passenger Transportation Office, MTO). Information on the webinar can be found via the following link:

OGRA Presents – Municipal Road Maintenance During the COVID-19 Pandemic

The MEA acknowledges that it may be difficult to temporarily close all or part of a highway as a response to COVID-19.

While the Province has declared an emergency, it falls short of relieving municipalities of their levels of service with respect to the Regulation. Municipalities will need to determine what “reasonable” levels of maintenance they can provide during the pandemic.  While facing staff shortages, it will be prudent to mitigate municipal exposure to liability by prioritizing resources to the roads with the higher level of classification. Municipalities can also declare an emergency if they cannot meet their responsibilities and clearly note what the service levels it may be able to provide during the pandemic and to alert the public of same.

This is new ground – MMS was not developed with the intent to address a situation like the one we are experiencing now. As the Regulation is required to be reviewed every 5 years (next amendment in around 2023), the MEA will work to determine if the Regulation may be amended to provide relief to municipalities for situations like the current pandemic.