HomeMy WebLinkAbout2014-078 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2014-078
a by-law to temporarily restrict the use of Nichols Road
WHEREAS on November 29, 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 Lakeshore Road and Nichols Road South for the Port Granby
Project" dated April 7, 2014 (the "Roads Agreement") in order to address Municipal road
issues related to the construction of the Project;
AND WHEREAS under the Roads Agreement the Municipality has agreed to temporarily
remove the public right of passage over a portion of Nichols Road to allow Canada to use
such portion of Nichols 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,
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1. In this by-law,
"Nichols Road South Lease" means the lease dated July 7, 2014 granted by the
Municipality to Canada to permit Canada to use Nichols Road South in order to
carry out the Project; and
"Nichols Road South" means the portion of Nichols Road from its intersection with
Lakeshore Road southward to its terminus at Lake Ontario.
2. Subject to sections 3 and 4 of this by-law, the public right of passage is hereby
removed over Nichols Road South for the duration of the Nichols Road South
Lease.
3. During the term of the Nichols Road South Lease, Canada may exclusively use
Nichols Road South for the purposes of the Port Granby Project as outlined in the
Nichols Road South Lease.
4. Emergency vehicles shall be permitted to use Nichols Road South at all times.
5. This by-law shall be effective on the date that it is passed.
6. This by-law shall remain in effect until the Nichols Road South Lease has
terminated.
By-law passed in open session this 7th day of July, 2014.
A nan Fo r, Mayor
Cf n'ne 6(ee ee, Municipal Clerk
This is Schedule "A" to By-law 2014-078
passed this day of July 1 2014 A.D.
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CLARKE Lake Ontario SCHEDULE 26