Background

Minimum maintenance standards were developed to provide municipalities with a defence against liability from actions arising with regard to levels of care on roads and bridges. Regulation 239/02, which came into force on November 1, 2002, contains the minimum maintenance standards.

Ontario Regulation 239/02
Ontario Regulation 612/06

Review of Minimum Maintenance Standards

The MMS Review Task Force completed its work in 2009 with recommendation to the OGRA for amendments to the minimum maintenance standards regulations 239/02 and 612/06. The Minister of Transportation signed the amending regulations 22/2010 and 23/2010 on February 18, 2010.

Ontario Regulation 23/10
Ontario Regulation 23/10

Retro-Reflectivity – Road Signs

One of the new provisions in the revised Minimum Maintenance Standards addresses the issue of the reflectivity of road signs and the need to inspect once per year. We have provided a link to the US Department of Transportation Federal Highway Administration as a good resource regarding how to properly carry out the inspections.

US DOT - FHA Sign Reflectivity Toolkit

Municipalities are ramping up for the 2011 annual inspections of their signs for retroreflectivity.
There is confusion on what inspection process to use.
There is discussion on what is acceptable.
Risk managers are looking for all signs to meet requirements.
OGRA has prepared the document below; Minimum Maintenance Standards (MMS) – Retroreflectivity: Facts, Myths, Questions & Concerns

SIGN Retroreflectivity: Facts, Myths, Questions & Concerns

MMS Litigation

An application has been made to the courts to have the Minimum Maintenance Standards declared null and void. OGRA has applied and has been granted intervenor status in this matter. To better understand OGRA’s position, please click here

MMS Litigation Fund Request Letter
Court Ruling - Silveira v Regional Municipality of York
MMS Court Challenge - Silveria v The Crown and Region of York

MMS Litigation Updates

December 8, 2010
May 26, 2011

OGRA has developed the following documents to assist in implementation of the amendments to the regulations.

Minimum Maintenance Standards Amendments and Rationale
Best Practice Representative Roads
Best Practice Pre Post Winter Season
MMS - Determining AADT