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C-24 - Highway Code

Section 101
Disposition versions

Full text
101. (Replaced).
R. S. 1964, c. 231, s. 76 (part); 1970, c. 53, s. 5; 1976, c. 35, s. 20, s. 21; 1977, c. 63, s. 7; 1978, c. 75, s. 7; 1986, c. 91, s. 674.
101. Nothing in section 100,—
(1)  Shall prevent any municipal council or any other authority in charge of a park in a city, or of a cemetery, from regulating the speed of motor vehicles in the park or cemetery under its control, or even from prohibiting motor vehicles being used on the avenues of such park or cemetery, if authorized by law to that effect; provided, however, that the speed allowed or the prohibition be distinctly indicated by means of signs clearly visible at the entrance of the park or cemetery and along its avenues;
(2)  Shall prevent a municipal council from establishing, by by-law, that motor vehicles may be driven on a public highway, or upon a section thereof, set apart for the purpose of testing such motor vehicles, at a speed greater than that allowed by this act;
(3)  Shall prevent the municipal council of a city or town from requiring, by by-law, that commercial vehicles and delivery cars be fitted with an apparatus to prevent pedestrians from rolling under such vehicles, and from regulating the use of such apparatus;
(4)  Shall prevent the municipal council of a city or of a town from imposing a tax or a licence fee on every motor vehicle the mass of which, added to that indicated by its capacity, forms a total mass which exceeds the limits established by this act or by the regulations made thereunder, for use on a public highway outside of cities and towns; and every municipal council of a city or of a town is authorized to impose such a tax or licence. Such tax or such licence fee shall however be imposed only by the city or the town in which is situated the principal establishment the rolling stock of which includes such motor vehicle;
(5)  Shall prevent the municipal council of a city or of a town from prohibiting, by by-law, with or without exception, the use in certain streets, which it indicates, of any motor vehicle, provided that such by-law allows the use by such motor vehicles of such streets as may permit of crossing the municipality, and provided that such prohibition and such use and the direction to be followed be respectively indicated by proper signs or by traffic officers;
(6)  Shall prevent the municipal council of a city, town or village from regulating the speed of motor vehicles within its limits, except on the highways or sections of highways the maintenance of which is at the expense of the provincial authority and on the highways or sections of highways on which the provincial authority has erected official traffic signs in accordance with subsection 1 of section 56 or section 57. However, where the municipal council fixes a speed limit lower or higher than that fixed in section 56, it must take the necessary dispositions to have the speed limit clearly indicated by official traffic signs visible to the public, failing which section 56 applies.
Where a municipal council has not availed itself of paragraph 6, it shall, at the approaches to a concentration of buildings in the municipality on any highway or section of highway the maintenance of which is at the expense of the municipality, have traffic signs installed indicating that the speed limit is fifty kilometres per hour.
R. S. 1964, c. 231, s. 76 (part); 1970, c. 53, s. 5; 1976, c. 35, s. 20, s. 21; 1977, c. 63, s. 7; 1978, c. 75, s. 7.
101. Nothing in section 100,—
(1)  Shall prevent any municipal council or any other authority in charge of a park in a city, or of a cemetery, from regulating the speed of motor vehicles in the park or cemetery under its control, or even from prohibiting motor vehicles being used on the avenues of such park or cemetery, if authorized by law to that effect; provided, however, that the speed allowed or the prohibition be distinctly indicated by means of signs clearly visible at the entrance of the park or cemetery and along its avenues;
(2)  Shall prevent a municipal council from establishing, by by-law, that motor vehicles may be driven on a public highway, or upon a section thereof, set apart for the purpose of testing such motor vehicles, at a speed greater than that allowed by this act;
(3)  Shall prevent the municipal council of a city or town from requiring, by by-law, that commercial vehicles and delivery cars be fitted with an apparatus to prevent pedestrians from rolling under such vehicles, and from regulating the use of such apparatus;
(4)  Shall prevent the municipal council of a city or of a town from imposing a tax or a license fee on every motor vehicle the weight of which, added to that indicated by its capacity, forms a total weight which exceeds the limits established by this act or by the regulations made thereunder, for use on a public highway outside of cities and towns; and every municipal council of a city or of a town is authorized to impose such a tax or license. Such tax or such license fee shall however be imposed only by the city or the town in which is situated the principal establishment the rolling stock of which includes such motor vehicle;
(5)  Shall prevent the municipal council of a city or of a town from prohibiting, by by-law, with or without exception, the use in certain streets, which it indicates, of any motor vehicle, provided that such by-law allows the use by such motor vehicles of such streets as may permit of crossing the municipality, and provided that such prohibition and such use and the direction to be followed be respectively indicated by proper signs or by traffic officers;
(6)  Shall prevent the municipal council of a city, town or village from regulating the speed of motor vehicles within its limits, except on the highways or sections of highways the maintenance of which is at the expense of the provincial authority and on the highways or sections of highways on which the provincial authority has erected official traffic signs in accordance with subsection 1 of section 56 or section 57. However, where the municipal council fixes a speed limit lower or higher than that fixed in section 56, it must take the necessary dispositions to have the speed limit clearly indicated by official traffic signs visible to the public, failing which section 56 applies.
Where a municipal council has not availed itself of paragraph 6, it shall, at the approaches to a concentration of buildings in the municipality on any highway or section of highway the maintenance of which is at the expense of the municipality, have traffic signs installed indicating that the speed limit is fifty kilometres per hour.
R. S. 1964, c. 231, s. 76 (part); 1970, c. 53, s. 5; 1976, c. 35, s. 20, s. 21; 1977, c. 63, s. 7.
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