School zones
2023, c.7, s.5
140.1(1)No person shall drive a vehicle in a school zone during the hours of 7:30 a.m. to 4:00 p.m., on the days during which a public school or private school in the vicinity of that school zone is in session, at a speed in excess of
(a)
30 km/h in a municipality,
(b)
the maximum speed limit prescribed in accordance with the provisions of subsection (2) or subsection 142(2) or (2.1), or
(c)
50 km/h in a rural community, regional municipality or rural district.
140.1(1.1)The Minister of Transportation and Infrastructure may, after conducting a technical evaluation based on Transportation Association of Canada guidelines and approved by a professional engineer, designate any part of a provincial highway that is in the vicinity of a public or private school as a school zone.
140.1(2)After conducting a technical evaluation based on Transportation Association of Canada guidelines and approved by a professional engineer for the purposes of prescribing the maximum speed limit for a school zone designated under subsection (1.1), the Minister of Transportation and Infrastructure may prescribe any of the following maximum speed limits for the school zone:
(a)
if the school zone is located in a municipality, a maximum speed limit that is higher than the maximum speed limit prescribed in paragraph (1)(a) but is no more than 20 km/h below the maximum speed limit for the part of the provincial highway before entering the school zone; or
(b)
subject to subsection (2.2), if the school zone is located in a rural community, regional municipality or rural district, a maximum speed limit that is lower or higher than the maximum speed limit prescribed in paragraph (1)(c) but is no more than 20 km/h below the maximum speed limit for the part of the provincial highway before entering the school zone.
140.1(2.1)The maximum speed limit prescribed under subsection (2) for a school zone shall be in effect during the hours of 7:30 a.m. to 4 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session.
140.1(2.2)The Minister of Transportation and Infrastructure shall not prescribe a maximum speed limit that is lower than 30 km/h.
140.1(3)The Minister of Transportation and Infrastructure shall erect signs marking the commencement and end of a school zone and signs giving notice of the maximum speed limit for the school zone prescribed in paragraph (1)(a) or (c) or subsection (2), as the case may be.
140.1(4)The signs referred to in subsection (3) shall face approaching traffic.
140.1(5)Any person who violates the provisions of subsection (1)
(a)
by driving at a speed of 25 km/h or less in excess of a speed limit referred to in that subsection commits an offence,
(b)
by driving at a speed of more than 25 km/h but not more than 50 km/h in excess of a speed limit referred to in that subsection commits an offence, or
(c)
by driving at a speed of more than 50 km/h in excess of a speed limit referred to in that subsection commits an offence.
140.1(6)Where in a prosecution for an offence under paragraph (5)(
b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (5)(
a), the alleged violator may be convicted of an offence under paragraph (5)(
a) despite the fact that the alleged violator was not charged with committing an offence under that paragraph.
140.1(7)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the
Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (5)(
a), (
b) or (
c), the minimum fine shall be double the minimum fine specified in the
Provincial Offences Procedure Act for that category of offence.
1977, c.32, s.14; 1978, c.D-11.2, s.26; 2006, c.13, s.8; 2007, c.44, s.9; 2010, c.31, s.85; 2017, c.46, s.2; 2023, c.7, s.6