187(1)In this section, “highway” means any public street, road, lane, alley or way.
187(2)Subject to this section, the council of a municipality may by by-law stop up and close any, or any portion of any, highway within the municipality.
187(3)The closure under subsection (2) may be permanent or for such period as is specified in the by-law.
187(4)Where the closure of a highway or any portion of a highway under subsection (2) is permanent, the municipality
(a)
may hold, sell, lease or otherwise dispose of any right, title or interest that it has in the soil and freehold thereof, and
(b)
is discharged from any obligation to maintain or keep such highway or portion thereof in repair.
187(5)The council may by by-law close any, or any portion of any, highway to vehicular traffic and not to pedestrian traffic and provide for the erection of barriers to enforce the observance thereof.
187(6)No by-law shall be passed under this section until the council
(a)
has fixed a time and place for the consideration of objections to the by-law,
(b)
has published a notice of its intention to consider the passing of such by-law in a newspaper published or having general circulation in the municipality once a week for at least two consecutive weeks preceding the time fixed under paragraph (
a), and
(c)
has heard and considered any written objections to the proposed by-law and heard any person who wishes to speak for or against the by-law at the time and place fixed under paragraph (
a).
187(7)The notice under subsection (6) shall
(a)
define the highway, or portion thereof, to be affected by the by-law,
(b)
state the time and place fixed under paragraph (6)(
a),
(c)
state the place where and the hours during which the proposed by-law may be inspected, and
(d)
state the person to whom written objections may be sent.
187(8)No by-law under this section that affects a provincial highway as defined in the
Motor Vehicle Act is valid until approved by the Lieutenant-Governor in Council.
1970, c.37, s.8; 1978, c.41, s.7; 1987, c.6, s.68