HomeMy WebLinkAbout2012-036THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2012 -036
a by -law to temporarily restrict the use of Elliott Road
WHEREAS on November 30, 2011, the Canadian Nuclear Safety Commission issued a
Waste Nuclear Substance Licence to Atomic Energy of Canada Limited to permit the
"Port Granby Long -Term Low -Level Radioactive Waste Management Project" (the
"Project ") to proceed;
AND WHEREAS Her Majesty the Queen in Right of Canada as represented by the
Minister of Natural Resources ( "Canada ") and The Corporation of the Municipality of
Clarington (the "Municipality ") entered into an "Agreement for the Construction,
Maintenance and Use of Municipal Roads for the Port Granby Project" dated April 11,
2012 (the "Roads Agreement ") in order to address Municipal road issues related to the
construction of the Project;
AND WHEREAS Elliott Road was identified in the Environmental Assessment to be part
of the route along which materials and equipment required for the Project will be
transported;
AND WHEREAS under the Roads Agreement the Municipality has agreed to
temporarily remove the public right of passage and restrict access rights over a portion
of Elliott Road to allow Canada to reconstruct, maintain, repair and use such portion of
Elliott Road in order to carry out the Project;
AND WHEREAS section 35 of the Municipal Act, 2001 provides that a municipality may
pass by -laws removing or restricting the common law right of passage by the public
over a highway and the common law right of access to the highway by an owner of land
abutting a highway;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1. In this By -law:
"Adjacent Farm Lands" means the lands identified by PINs 266720030 and
266720031 and PIN 266720029;
"Elliott Road Lease" means the lease dated April 11, 2012 granted by the
Municipality to Canada to permit Canada to reconstruct, maintain, repair and use
Elliott Road North in order to carry out the Project; and
Page 2
"Elliott Road North" means that portion of the road allowance between Lots 4 and
5, Broken Front Concession, former Township of Clarke (Elliott Road) south of its
intersection with Concession Road 1 to a point approximately 1,622 metres south
as shown in Schedule "A" to this by -law.
2. Subject to sections 4, 5 and 6 of this by -law, the public right of passage is hereby
removed over Elliott Road North for the duration of the Elliott Road Lease.
3. The right of access by owners and tenants of land abutting Elliott Road North is
hereby restricted as set out in section 5 of this by -law for the duration of the
Elliott Road Lease.
4. During the term of the Elliott Road Lease, Canada may exclusively use Elliott
Road North for the purpose of constructing, maintaining and repairing Elliott
Road North and providing access for vehicles and equipment to and from
Concession Road 1 to the Port Granby Long -Term Waste Management Facility.
5. Notwithstanding section 4 of this by -law, Canada shall permit the owners and
tenants of the Adjacent Farm Lands, CN, CP, Hydro One and other utility
agencies, including their respective agents, consultants, contractors and
employees, to use Elliott Road North as required to access their properties or
utilities as the case may be, without fee or charge, but subject to such
reasonable terms and conditions as Canada considers necessary.
6. Emergency vehicles shall be permitted to use Elliott Road North at all times.
7. This by -law shall be effective on the date that it is passed.
8. This by -law shall remain in effect until the Elliott Road Lease has terminated.
By -law passed in open session this 30th day of April, 2012.
C: Anne Green e-, lbeputy Clerk