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Wednesday, April 8, 2015
Amendments to MMS
More comments on the new Minimum Maintenance Standards, by Jennifer Stirton.
4. Slush Included in Snow Accumulation
The MMS have also been criticized for failing to address slushy road conditions.[1] The MMS now provide that snow accumulation on a road includes new fallen snow, wind-blown snow and slush. Snow clearing standards are triggered when snow accumulation reaches a prescribed depth.
[1] See Thornhill (Litigation Guardian of) v. Shadid, [2008] O.J. No. 372 at paras. 94-97 (S.C.J.). Note that although it was argued by counsel, the trial judge did not agree that the failure to address slush in the MMS was a gap in the regulation.
5. Annual Inspection of Luminaires
The MMS now provide for annual inspections of all luminaires to ensure that they are functioning. There was no previous inspection requirement.
