Relocation of road
30. (1) The owner may refer the matter to the Minister of Transportation where the owner is unable to obtain the consent of the authority or person having jurisdiction and control over a road to relocate, alter or divert any public or private road that is not the King's Highway entering or touching upon or giving access to Highway 407. 1998, c. 28, s. 30 (1).
Authorization
(2) Where the Minister of Transportation is satisfied that the relocation, alteration or diversion proposed by the owner under subsection (1) is necessary for the management of Highway 407, the Minister of Transportation may authorize the owner to undertake the proposed action. 1998, c. 28, s. 30 (2).
Payment of costs
(3) The owner shall negotiate the payment of reasonable costs of the relocation, alteration or diversion of the road with the authority or person having control over the road, and if the parties cannot agree on the reasonable costs to be paid, the matter shall be referred to binding arbitration under the Arbitration Act, 1991 or such other method of arbitration as the parties may agree. 1998, c. 28, s. 30 (3).
During repair road deemed to be highway
(4) During the period when the changes are being made, that portion of the road being relocated, altered or diverted shall be deemed to be part of Highway 407 for purposes of section 43. 1998, c. 28, s. 30 (4).
Closure, etc., by municipality
(5) A municipality shall not open, close or divert any highway or road allowance entering upon or intersecting Highway 407 without giving written notice to the owner. 1998, c. 28, s. 30 (5).
By-laws re closure
(6) A by-law passed for any purposes mentioned in subsection (5) does not take effect until the Minister of Transportation endorses his or her consent on the by-law and the by-law is registered in the proper land registry office. 1998, c. 28, s. 30 (6).
Exception
(7) Subsections (5) and (6) do not apply where the highway or road allowance is closed for a specified period of time not exceeding 72 hours and the municipality has provided an adequate detour. 1998, c. 28, s. 30 (7).
Consent not regulation
(8) A consent under subsection (6) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1998, c. 28, s. 30 (8); 2006, c. 21, Sched. F, s. 136 (1).