BY-LAW NO. 2001 -

A by-law of the City of Ottawa to regulate the entry onto and the cutting and reinstatement of City Roads.

WHEREAS by authority of the Municipal Act, R.S.O. 1990 Chap. M.45 the City of Ottawa may regulate the use of its roads;

AND WHEREAS the City of Ottawa wishes to repeal the road cut by-laws of the former Area Municipalities and The Regional Municipality of Ottawa-Carleton and to enact a new by-law in their place;

THEREFORE the Council of the City of Ottawa enacts as follows:

DEFINITIONS

1. In this by‑law,

(a) “City” means City of Ottawa;

(b) "date of final reinstatement" means the day that the finished surface is satisfactorily reinstated on any road cut that has been opened unless the road cut has to be re-excavated in order to execute repairs, in which case the "date of final reinstatement" means the day the repairs are satisfactorily completed;

(c) “deleterious material” means subsurface soils of an undesirable nature such as, but not limited to, highly organic silts, sensitive or ultra sensitive clays, peat or other highly compressible soils, and soils containing noxious or hazardous chemical or waste products;

(d) "General Manager" means the General Manager of the City’s Department of Transportation, Utilities and Public Works or authorized representative;

(e) "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, pedestrian mall, viaduct, or trestle, any part of which is intended for or used by the general public for the passage of vehicles, and includes the area between the lateral property lines thereof;

(f) “O.P.S.S.” means Ontario Provincial Standard Specifications, as amended;

(g) "public service" means works supplying the general public with necessaries or conveniences and includes, but is not limited to, works for the production, supply and transmission of gas, oil, sewer, water and electric power or energy, and all telephone, cable television and other telecommunications lines;

(h) "public utility" means a board, commission, or corporation that owns or operates a public service;

(i) "road cut" means a surface or sub‑surface cut in any part of a highway made by any means, including any excavation, reconstruction, cutting, saw‑cutting, overlaying, crack sealing, breaking, boring, jacking or tunnelling operations;

(j) "roadway" means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separated roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively;

(k) "security" means,

(i) cash or certified cheque payable to the City of Ottawa,

(ii) bearer bonds of the Government of Canada, with the exception of savings bonds, provincial bonds or provincial guaranteed bonds, or other municipal bonds, provided that,

(A) the interest coupons are attached to all bonds, and

(B) the bonds are acceptable to the City’s Director of Financial Services,

(iii) an irrevocable letter of credit issued by a chartered bank, credit union or Caisse Populaire, acceptable to the City’s Director of Financial Services, or

(iv) road cut permit bonds from institutions acceptable to the City’s Director of Financial Services,

which guarantees that the applicant will carry out and maintain the work authorized by any permit issued under this By‑law in conformity with the provisions of this By‑law;

(l) "settlement" or "settled" means any sinking of the surface of a road cut in relation to the grade of the adjacent undisturbed highway;

(m) "shoulder" means that part of a highway immediately adjacent to the roadway and having a surface which has been improved for the use of vehicles with asphalt, concrete or gravel; and

(n) "sidewalk" means all parts of a highway set aside by the City of Ottawa for the use of pedestrians.

ROAD CUT

2. Except as provided in Section 3, no person shall make or cause to be made a road cut without first obtaining a road cut permit.

EMERGENCY ROAD CUTS

3. (1) Subject to subsections (2) and (3) hereof, where public safety or health is concerned, a road cut may be made and work carried out without regard to the provisions of this By-law.

(2) Where an emergency road cut has been made, the person making the road cut shall, on the same day the work is commenced, or if the City offices are closed, no later than the start of the next working day, notify by telephone the City’s permit issuance unit of the following:

(a) the name of the public utility or contractor undertaking the road cut,

(b) the nature of the work,

(d) the estimated duration of the work; and

(e) the reason for proceeding without obtaining a permit.

(3) Where work has proceeded under this section, a road cut permit shall be applied for on the same day the work is commenced, or if the office of the General Manager is not open for the issuance of permits, on the morning of the next day on which the office is open.

ROAD CUT PERMIT

4. (1) When applying for a road cut permit, the applicant shall,

(a) complete the prescribed application forms;

(b) furnish to the City such information as the General Manager may require; and

(2) At application the applicant shall pay the following fees:

(a) a permit fee for each road cut of one hundred and twenty five dollars ($125.00), which is not refundable in whole or in part; and

(b) a pavement degradation fee calculated as follows for those highways which are identified in Schedule “A” to this By-Law

Calendar Years since Road Construction, Last Reconstruction or Last Resurfacing	Pavement Degradation Fee (per m2)
2 or less	$24.00
> 2 to 4	$20.00
> 4 to 7	$16.00
> 7 to 10	$10.00
More than 10	$4.00

(i) a road cut which does not affect the roadway pavement;

(ii) municipal works, including work done as a condition of City development control, the prime purpose of which is the provision of pavement or its preservation;

(iii) the provision of a new pavement structure to subgrade level which is at least one full traffic lane wide, the new joints of which coincide with traffic lane markings, is thirty (30) metres long, and which meets current road pavement design standards as determined by the General Manager;

(iv) works on highways listed in the City’s current year reconstruction and resurfacing programs if carried out prior to the municipal reconstruction or resurfacing;

(v) trenchless works approved by the General Manager;

(vi) until 1 January 2003 the placement of equipment at the same time by two or more utility or telecommunications companies in the same trench, excluding the placement of excess capacity by or on behalf of the City;

(vii) the relocation of equipment to accommodate the City’s use of the highway;

(viii) road cut repair work done pursuant to the warranty requirements of this By-law ; and

(ix) trench works where telecommunications duct is installed, provided for, and transferred to the City, but at the General Manager's discretion.

(3) When the applicant is requesting multiple road cuts the City reserves the right to issue a single permit or multiple permits for the works, but in the case of utility pole installation, the road cut permit shall be for a highway rather than for the individual pole.

(4) A road cut permit shall not be issued until,

(a) proof of insurance has been filed as required by Section 6;

(b) proof of security has been filed as required by Section 7;

(d) proof has been provided to show that the person applying for the permit is a duly authorized representative of the applicant;

(e) a telephone number for the service required by Section 8 has been provided; and

(f) the applicant has certified that,

(i) all public utilities have been informed of the proposed road cut; and

(ii) work shall not commence until each public utility has given the applicant the position of its underground plant.

(5) Paragraphs 4(4)(a) and (b) do not apply to a City Department for work being done by that Department, but do apply to a person doing work for a City Department as a contractor.

(6) The provisions of paragraphs 4(4)(a) and (b) do not apply to a person doing work under a contract with the City as a contractor provided that the applicant submits a valid commence work order from a Department of the City.

(7) A road cut permit is not transferable.

(8) A road cut permit shall become void if the work authorized by the permit is not commenced within thirty(30) calendar days of the date of its issue.The administrative fee for the renewal of the road cut permit shall be fifty-two ($52.00) dollars and is not refundable in whole or in part.

(9) No permit holder shall work at a job site without the road cut permit on-site and available for inspection.

(10) Where two (2) or more cuts are proposed, the General Manager may state the order in which the work is to be performed.

(11) The applicant shall be responsible for ensuring that all provisions of this By-law are met.

(12) The applicant is to be notified by the General Manager at the time of permit issuance if an overlay of a road as specified in paragraph 9(19)(e) is required.

(13) Except as permitted by the following subsection, road cut permits on the highways described in Schedule “A” to this By-law shall not be issued to an applicant where the proposed road cut is to occur within the year of and the three (3) calendar years following

(a) a roadway construction, reconstruction or resurfacing; or

(b) the trenching of a City highway for the installation of telecommunications duct.

(14) The limits imposed by subsection 4(13) shall not apply where,

(a) the applicant applies to the General Manager in writing for an exemption from the provisions of subsection 4(13) and receives written notification from the General Manager that those provisions are waived. An exemption will be granted by the General Manager if satisfied that,

(i) the proposed work must be done within the time period prescribed in subsection 4(13); and

(ii) alternatives such as trenchless installation, the use of alternative highways, or the use of abandoned or other active plant is not available to the applicant;

(b) a road cut is made pursuant to the emergency provisions of Section 3, provided that the subsequent permit application is accompanied by a written description of the emergency and the reasons why the requirements of sub-paragraphs 4(14)(a)(i) and (ii) were met and could not be met respectively;

(c ) the work proposed is the maintenance, rehabilitation, construction or reconstruction of a City highway, or the carrying out of other municipal works, the primary purpose of which is pavement provision or preservation;

(d) the subject of the application is the necessary repair or maintenance of existing underground works; or

(e) the work is a utility work involving the repair of fluid or gas leaks.

(15) When granting an exemption pursuant to paragraph 4(14)(a) hereof, the General Manager may, on a review of the pavement to be cut, impose special conditions to that exemption relating to,

(a) the restoration of special pavement surfacings;

(b) collecting financial security and additional cost compensation for the reinstatement of special pavement surfacings by the City; and

(16) The permit holder shall display at the job site an easily read sign showing the names of:

(a) the permit holder;

(b) the person making the road cut; and

NOTICE TO COMMENCE WORK

5. (1) No permit holder shall commence work on a road cut until at least forty-eight (48) hours after the permit for the road cut has been issued.

(2) Every permit holder shall, at least forty eight (48) hours prior to commencing a road cut, notify the General Manager of the exact time it intends to start the work, and no work shall be started within that forty-eight (48) hour notice period.

(3) Subject to subsection 5(4), where a road cut will affect private property or its access or egress, the permit holder shall at least forty-eight (48) hours prior to commencing a road cut, notify the resident of the affected property of the plan for,

(a) the work,

(b) the approximate start date; and

(4) Where the work is of a major nature or duration and will cause general inconvenience to all the residents and businesses located beside or near the highway where the work will occur, every permit holder shall, at least forty-eight (48) hours prior to commencing the work, notify every resident and business located beside or near the highway where the work will occur of the plan for,

(a) the work,

(b) the approximate start date; and

(5) The General Manager reserves the right to determine for reasons of public safety and/or the effective operation of the public transportation system when a road cut or reinstatement of a road cut shall be made.

INSURANCE

6. (1) Every applicant for a road cut permit shall provide and maintain Comprehensive/Commercial General Liability insurance acceptable to the City with not less than Two Million Dollars ($2,000,000) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. Such Comprehensive/Commercial General Liability insurance policy shall be in the name of the applicant and shall name the City of Ottawa as an additional insured thereunder.

(2) The insurance coverage referred to in subsection (1) hereof shall be maintained for three (3) years following the date of final reinstatement of the highway.

(3) The insurance policy referred to in subsections (1) and (2) hereof shall contain an endorsement to provide the City with thirty (30) days written notice of cancellation.

(4) Evidence of the insurance referred to in subsection (1) hereof shall be provided to the City prior to issuance of a road cut permit and in subsequent years, including the three (3) year period referred to in subsection (2) hereof. Such evidence of insurance shall be satisfactory to the City and if requested by the City, the applicant shall provide certified copies of the Comprehensive/Commercial General Liability policy.

SECURITY

7. (1) Every applicant for a road cut permit shall provide security in the amount of twenty‑five thousand ($25,000.00) dollars to guarantee that the applicant will carry out and maintain the work authorized by the permit and that the highway is left in a proper state of repair to the satisfaction of the General Manager. The security referred to hereof shall cover up to ten (10) permits for which the guarantee period has not been completed.

(2) Alternatively, in the case of a single cut an applicant for a permit may provide security in the amount of two thousand five hundred ($2,500.00) dollars.

(3) Despite subsection (1) hereof, the maximum amount of security to be provided by an applicant for road cut permits is fifty thousand ($50,000.00) dollars regardless of the number of permits the applicant possesses for which the guarantee period has not been completed.

(4) The City shall hold the security referred to in this section for a period of thirty-six (36) months following the date of final reinstatement, as a guarantee that the highway is left in a proper state of repair.

TELEPHONE

8. The permit holder shall maintain and answer a telephone at all times (24 hours, seven days-a-week) during the period for which the permit holder is responsible for the road cut, including the guarantee period, so that the City can advise the permit holder of any necessary repairs to the road cut.

EXCAVATION, REINSTATEMENT AND BACKFILL REQUIREMENTS

9. General Information

(1) The permit holder shall open a road cut in such a manner as to do the least possible damage to the highway and to any public utility or municipal service.

(2) The work shall proceed expeditiously and no permit holder shall allow a road cut to remain open for more than twenty-four (24) hours unless the work is actively in progress.

(3) The site shall be kept clean and sources of dust controlled at all times until the final reinstatement has been completed.

(4) The permit holder and contractor shall comply with and be bound by the provisions of the Occupational Health and Safety Act, R.S.O. 1990, C.01, as amended.

Excavated Material

(5) No permit holder shall place material on any roadway or sidewalk at any time or in a location where, in the opinion of the General Manager, it will create a traffic or safety hazard.

(6) Where a road cut is made in any concrete surface, the permit holder shall break out and remove all concrete,

(a) to the nearest expansion joint, or dummy expansion joint, using a concrete saw if necessary, to provide on all sides of the road cut, a clean vertical surface; or

(b) as specified by the General Manager.

(7) Where a road cut is made in asphalt pavement, the asphalt shall be cut with a concrete saw to produce,

(a) a rectangular opening with edges which are vertically straight; and

(b) a cut which is large enough to accommodate the proposed works without undermining the adjacent asphalt pavement.

(8) Where boring, jacking or tunnelling is used for any sub-surface road cut,

(a) the method used shall be approved by the General Manager; and

(b) if a cave-in, settlement or heaving results therefrom, the surface in the affected area shall be removed and reinstated by the permit holder in accordance with this section of the By-law to the satisfaction of the General Manager.

(9) Where two (2) or more connections for sewer or water are to be made, the General Manager may state the order in which these connections are made.

Reinstatement and Backfill Requirements

(10) The permit holder is responsible for,

(a) the permanent reinstatement of a road cut subject to the provisions of this By-law;

(b) the maintenance of temporary reinstatements, as provided for in this By-law, on every road cut which prior to November 14 in any year, is not in a condition to be permanently reinstated, and is carried over for permanent reinstatement prior to June 30 of the following year;

(d) payment to the City of its inspection charges for the reinstatement, including any winter inspection charges that may be required, calculated as follows:

WINTER INSPECTION CHARGES

Period Covered	Fee Payable
November 15 – April 15	$156.00
December 15 – April 15	$125.00
January 15 – April 15	$94.00
February 15 – April 15	$62.00
March 15 – April 15	$31.00

(11) Except in the case of a concrete reinstatement which shall be done to current O.P.S.S. standards, a highway shall be reinstated with,

(a) the same type of material, except for deleterious material, and to the same thickness as the adjoining construction when originally constructed; or

(b) material of a thickness that has been approved by the General Manager,

and all reinstatements shall be to the satisfaction of the General Manager.

(12) Granular materials used for backfill shall conform to current O.P.S.S. standards.

(13) Frozen material shall not be used to backfill any road cut.

(14) Rocks larger than one hundred and fifty (150 mm) millimetres across in any direction shall not be used to backfill any road cut.

(15) All material shall be placed and compacted in lifts which enable the compaction equipment to obtain the required compaction, but under no circumstances shall a lift exceed three hundred (300) millimetres.

(16) All compaction shall be done by mechanical means. Water shall only be used as an aid to compaction, and then only as determined by an engineer or an approved testing laboratory.

(17) Backfill material shall be compacted by mechanical means as follows:

(a) material excavated from a road cut other than asphalt concrete, portland cement concrete, or any other man-made material shall be compacted to a degree of not less than ninety-five (95%) percent of maximum dry density as determined by the current O.P.S.S. standards; and

(b) granular materials shall be compacted to a degree of not less than one hundred (100%) percent of maximum dry density as determined by the current O.P.S.S. standards.

(18) Temporary surfacing of a roadway with asphalt, concrete, or surface treated surface shall meet the following requirements:

(a) the road cut shall be temporarily reinstated immediately after backfilling is completed;

(b) the reinstatement shall be to the same level as the adjacent surface; and

(c) prior to the highway being opened to traffic, the top seventy-five (75 mm) millimetres of the road cut shall be surfaced with hot mix asphalt, concrete, or, if hot mix asphalt is unavailable, with emulsified cold mix asphaltic material, all hand-tamped or rolled to a smooth, flat condition using commonly accepted practices and standard tamping or rolling equipment except as provided for in paragraph 12(1)(c).

(19) Final reinstatement of a roadway shall meet the following requirements:

Asphalt or Surface Treated Surface:

(a) Final reinstatement of the road cut shall be undertaken within thirty (30) days of backfilling, and unless otherwise specified by the General Manager, by resurfacing with,

(i) a wear course of hot mix HL3 asphalt to a minimum thickness of forty (40 mm) millimetres; and

(ii) a base course of hot mix HL8 asphalt to a minimum thickness of one-hundred (100 mm) millimetres, or to the bottom of the adjoining pavement, whichever is the greater;

(b) Notwithstanding the provisions of paragraph (a) hereof, the General Manager may allow the permit holder to resurface at a later date because of supply, weather or other conditions beyond the control of the contractor or permit holder;

(d) The road cut shall be reinstated to the same level as the adjacent surface and the riding surface shall be to the satisfaction of the General Manager; and

(e) subject to subsection 4(12), the permit holder may be required to place a forty (40 mm) millimetre lift of hot mix HL3 asphalt over the roadway in addition to the road cut reinstatement. This shall be undertaken to the limits directed by, and to the satisfaction of the General Manager;

Concrete Surface:

(f) Final reinstatement of the road cut shall be undertaken within thirty (30) days of backfilling by resurfacing with portland cement concrete with nominal minimum design strength in conformity with O.P.S.S. standards unless otherwise specified by the General Manager, to the same thickness as the adjoining construction or one hundred (100 mm) millimetres, whichever is the greater;

(g) Notwithstanding the provisions of paragraph (f) hereof, the General Manager may allow the permit holder to resurface at a later date because of supply, weather or other conditions beyond the control of the permit holder;

(h) The concrete shall be placed in accordance with all applicable O.P.S.S. standards; and

(i) The road cut shall be reinstated to the same level as the adjacent surface and the riding surface shall be to the satisfaction of the General Manager;

Composite Pavement:

(j) Final reinstatement of the road cut shall be undertaken within thirty (30) days of backfilling by placement of portland cement concrete base course with nominal minimum design strength of thirty (30) MegaPascals (MPa) conforming to O.P.S.S. standards unless otherwise specified by the General Manager, to the same thickness as the adjoining construction or one hundred (100) millimeters (mm), whichever is greater; and subsequent placement of asphaltic concrete surfacing to the same thickness as the adjoining construction;

(k) Notwithstanding the provisions of paragraph (j) hereof, the General Manager may allow the permit holder to resurface at a later date because of supply, weather or other conditions beyond the control of the permit holder; and

(l) The road cut shall be reinstated to the same level as the adjacent surface and the riding surface shall be to the satisfaction of the General Manager;

Gravel Surface:

(m) The top one hundred and fifty (150 mm) millimetres of the road cut shall be Granular "A" material, compacted in accordance with subsection 9(17);

(n) A dust palliative shall be applied whenever requested by, and to the satisfaction of, the General Manager; and

(o) The road cut shall be reinstated to the same level as the adjacent surface and the riding surface shall be to the satisfaction of the General Manager.

(20) Grassed Surfaces

Grassed areas shall be reinstated as follows:

(a) a minimum base of one hundred and fifty (150 mm) millimetres of top soil shall be placed over the road cut after backfilling and the sod shall be replaced; or

(b) if conditions warrant, the General Manager may allow all or part of the area to be seeded; and

(c ) the permit holder shall maintain the seeded or sodded area until the grass is properly established, to the satisfaction of the General Manager.

(21) Sidewalks

Sidewalks and pathways shall be reinstated as follows:

(a) a minimum base of one hundred and fifty (150 mm) millimetres of Granular "A" shall be used;

(b) a concrete sidewalk or pathway shall be reinstated to the proper grade by pouring a slab of concrete, which shall be in accordance with the current City Standards, and

(c ) an asphalt sidewalk or pathway shall be reinstated to the proper grade with hot mix HL3A asphalt, which shall have a minimum thickness of fifty (50 mm) millimetres.

(22) Upon completion of the temporary surfacing and/or permanent reinstatement of the road cut all excess material shall be removed from the area of the road cut and the area shall be left in a safe, neat and clean condition, similar to the condition of the highway area adjacent to the road cut, all to the satisfaction of the General Manager.

(23) Testing

The General Manager may at any time require a permit holder to provide at the permit holder's expense,

(a) test reports, from a testing laboratory satisfactory to the General Manager, showing the degree of compaction that has been achieved; or

(b) a certificate from an engineer, or from a testing laboratory satisfactory to the General Manager, certifying that the backfilling procedures have been performed in accordance with this By-law.

PROTECTION OF TREES

10. (1) For the purposes of sub-sections (2) to (4) inclusive,

(a) the dripline is established as being 0.3 metres from the trunk of the tree for every 3 centimetres of trunk diameter, and

(b) the trunk diameter is measured at a height of 1.2 metres for trees of 15 centimetres diameter and greater and at a height of 0.3 metres for trees of less than 15 centimetres diameter.

(2) Subject to subsection (3), no permit holder shall carry out work within the dripline of a City owned tree.

(3) If the permit holder must carry out work within the dripline of a City owned tree, the permit holder shall tunnel or bore under the dripline area.

(4) The permit holder shall protect the trees from materials, equipment and changes in the grade of soil within the dripline area by the placement of protective fencing.

(5) No permit holder shall remove, trim or alter any tree unless authorization is first received from the General Manager.

(6) If a tree is removed, or damaged and must be replaced, as determined by the General Manager, the permit holder shall be responsible for removing and replacing the tree at its expense and shall pay to the City the value of the removed tree.

(7) For the purposes of subsection (6), a replacement tree shall have a minimum diameter of 70 millimetres measured at a point 0.3 metres above ground level and be of a species approved by the General Manager, and the value of the tree to be replaced will be determined by City staff in accordance with the latest edition of the International Society of Arboriculture Tree Evaluation Guide, or at values determined by the City and in effect at the time the damage took place.

(8) Where the physical conditions are such that the permit holder cannot comply with the provisions of subsections (2), (3) or (4), the General Manager may approve alternative methods of work to maximize the protection of trees.

WARNING DEVICES, BARRICADES AND TRAFFIC SIGNS

11. (1) The permit holder shall erect and maintain warning devices, barricades and traffic signs where applicable, in accordance with the Occupational Health and Safety Act, R.S.O. 1990, C.01, as amended, and the Ministry of Transportation, Ontario, current Manual of Uniform Traffic Control Devices for highway work operations.

(2) If the permit holder fails to comply with subsection (1) hereof, the General Manager may order the erection and maintenance of any warning devices, barricades and signs considered necessary at the permit holder's expense, and the cost thereof shall be paid by the permit holder forthwith on demand, or deducted from the security.

PEAK HOUR RESTRICTIONS

12. (1) All permits issued for a road cut on a highway set out in Schedule "B" to this By-law shall be subject to the following peak hour restrictions from the hours of 7:00 a.m. to 9:00 a.m. and from the hours of 3:30 p.m. to 5:30 p.m. unless written consent to the contrary is received from the General Manager:

(a) no trucks, vehicles, or equipment shall be parked or placed on a highway,

(b) no excavating or reinstatement of a highway shall take place;

(i) designed to prevent any movement or displacement of the plate; and

(ii) of sufficient size to allow pedestrian and vehicular traffic to pass safely and expeditiously over the road cut.

(2) A legible copy of the written consent of the General Manager referred to in subsection (1) hereof shall be displayed at the site of the road cut.

(3) Every permit holder shall comply with the regulations set out in subsection (1).

CLOSURE TO TRAFFIC

13. (1) No permit holder shall make a road cut which completely closes a highway to traffic or one direction of traffic on a divided highway unless:

(a) the written consent of the General Manager to the closing is obtained; and

(b) a written notice of the closing is given to the following or authorized representative,

(i) the City Chief of Police;

(ii) the City Director of Fire Services;

(iii) the City Transit Services Branch when the closure is on an established bus route; and

(iv) the City’s Emergency and Protective Services Department.

(2) A legible copy of the written consent of the General Manager to the closing shall be displayed at the road cut site.

EXPLOSIVES

14. No permit holder shall use any explosives in connection with the work for which the permit has been issued unless he or she has obtained a permit for using explosives from the City.

DEFAULT OF MAINTENANCE OR REINSTATEMENT

15. (1) Prior to permanent reinstatement of the highway, a permit

holder is responsible for,

(a) the repairs necessary to correct any road cut considered by the General Manager to be unsatisfactory by excavation or reinstatement when any settlement or grade differences occur until the road cut has been permanently reinstated; and

(b) the repair of grade differences in excess of twenty-five (25 mm) millimetres regardless of cause.

(2) Following permanent reinstatement of the highway a permit holder is responsible for,

(a) subject to the provisions of subsection (3) hereof, the repairs necessary to correct any settlement or surface deterioration for a period of thirty-six (36) months following the date of final reinstatement of the highway, being the last time the permit holder repaired the road cut; and

(b) costs incurred by the City for any temporary and permanent surface repairs resulting from improper backfilling or compaction of the highway.

(3) A difference of twelve and one-half (12.5 mm) millimetres, or greater, between the reinstated surface and the undisturbed adjacent surface is deemed to be an unacceptable amount of settlement.

(4) Where the backfilling or reinstatement does not comply with the provisions of this By-law, or the backfilling or reinstatement settles, the General Manager shall give verbal notice to the permit holder, specifying the remedial work which the permit holder must carry out.

(5) The verbal notice referred to in subsection (4) hereof shall be confirmed in writing and served on the permit holder,

(a) by registered mail to the permit holder's address as stated in the application form; or

(b) personally.

(6) If the permit holder has not done the work referred to in subsection (4) hereof within seventy-two (72) hours of delivery of the written notification, the General Manager may order the work to be done at the permit holder's expense. All costs incurred by the City shall be paid by the permit holder forthwith on demand, failing which the costs shall be deducted from the security.

EMERGENCY REPAIRS

16. (1) If the General Manager is of the opinion that a road cut reinstatement has created an emergency situation which can cause damage to vehicles or endanger the public, the General Manager may protect the area and,

(a) make immediate repairs; or

(b) telephone the permit holder using the telephone service provided by the permit holder as required by Section 8, advising the permit holder as to the repair work which must be carried out.

(2) If there is no answer from the permit holder's telephone or the telephone is out of order or the permit holder does not carry out the required repairs to the satisfaction of the General Manager within four (4) hours of placing the telephone call, the General Manager may order the work to be done by the City and the General Manager shall confirm in writing to the permit holder the remedial action which has been taken.

(3) All work done by the City pursuant to subsections (1) or (2) hereof shall be at the expense of the permit holder and the costs of the City shall be paid by the permit holder forthwith on demand failing which the costs shall be deducted from the security.

RESPONSIBILITY FOR CLAIMS

17. (1) Except as limited by subsection (2) hereof, a permit holder shall be responsible for all loss or damages arising from the work done by or for the permit holder.

(2) A permit holder shall be responsible for all loss or damage arising directly or indirectly from settlement of the surface of a highway within a period of three (3) years following the date of final reinstatement of the highway.

(3) Where a highway or public utility on the highway has been damaged by a permit holder, the City or the public utility respectively has the sole responsibility for deciding who shall carry out the repairs.

INDEMNIFICATION

18. A road cut permit is issued subject to the condition that the permit holder shall indemnify the City and each of its officers, agents, servants and workmen from all causes of action, loss, costs or damages arising from the execution, non‑execution or imperfect execution of any work authorized by this By‑law whether with or without negligence on the part of the permit holder or the officers, agents, servants or workmen of the permit holder.

OFFENCE

19. (1) Every person who contravenes any of the provisions of this by‑law is guilty of an offence and on conviction is liable to a fine of not more than five thousand ($5,000.00) dollars, exclusive of costs as provided for in the Provincial Offences Act.

(2) When a person has been convicted of an offence under this By‑law,

(a) the Ontario Court of Justice of the City of Ottawa, or

(b) any court of competent jurisdiction thereafter,

may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.

SCHEDULES

20. This By‑law includes Schedules "A" and "B" annexed hereto and the Schedules are hereby declared to form a part of this by‑law.

REPEAL

21. The following Road Cut By-laws and all amendments thereto are hereby repealed:

(a) By-law No. 31-91 of The Corporation of the City of Ottawa;

(b) Parts 2.3, 2.4 and 2.5 of the Regional Municipality of Ottawa-Carleton’s Regulatory Code;

(d) By-law No. 2385 - 1979 of the City of Vanier;

(e) By-law No. 95-84 of the Township of Rideau;

(f) By-law No. 30-85 of the City of Gloucester;

(g) By-law No. 79-93 of the City of Cumberland;

(h) By-law No. 22-85 of the City of Kanata;

(i) By-law No. 53-92 of the City of Nepean;

(j) By-law No. 29-89 of the Township of West Carleton;

(k) By-law No. 63-27 of the Village of Rockcliffe

BY‑LAW IN FORCE

22. This by‑law comes into force on the day of , 2001.

SHORT TITLE

23. This by-law may be cited as the “Road Cut By-law”.

ENACTED AND PASSED this day of , 2001.

CITY CLERK MAYOR